Legal

Terms of Use

DERMATOO SRL — Last updated: October 2021

Article 1. Legal Notice

DERMATOO SRL (hereinafter "DERMATOO" or the "Company")

Article 2. General Provisions

2.1. DERMATOO provides a service to the user (hereinafter the "User") allowing them to exchange medical patient data (hereinafter the "Patient") for therapeutic purposes. The User, a healthcare professional, can exchange photos and information with colleagues on various medical cases through the DERMATOO application (hereinafter referred to as the "Application").

2.2. To open an account and use the DERMATOO application, the User must first accept these Terms of Use (hereinafter referred to as "Terms", "Terms of Use" or "TOU").

2.3. It is recommended to print or save a local copy of these Terms.

2.4. DERMATOO reserves the right to unilaterally modify the Terms to continuously adapt them to the evolution of its activities. In case of modification, a new copy of the Terms will be available on the Application.

2.5. If the User uses the Application after the date of modification of the Terms, they acknowledge and accept that DERMATOO considers such use as acceptance of these modified Terms, provided that the announcement of this modification appears on the Application's access page at the User's first connection.

Article 3. Conditions for Using the Application

3.1. The User must first register on the Application and create an account.

3.2. To benefit from DERMATOO's Application services, the User acknowledges:

  • Being a self-employed physician or a medical professional within a hospital or healthcare organization;
  • Having a valid INAMI number;
  • Complying with all applicable regulations, particularly those of their country of residence, which the User is presumed to know;
  • Being a person specifically authorized by DERMATOO.

3.3. Any person who does not meet any of the required conditions is not entitled to use the services offered by DERMATOO.

Article 4. Restrictions

4.1. The User agrees to use the Application only for the purpose provided by the Terms of Use and in accordance with the conditions of use of the Application. They agree to comply with all applicable laws, rules, and regulations regarding the use of the Services.

4.2. Within the limits of applicable law, the User is not authorized to:

  • Use the Application in any way or on any device that is illegal, illicit, fraudulent, or harmful;
  • Obtain unauthorized access to other Users' accounts or to DERMATOO's equipment or computer structure, including but not limited to transmitting viruses, spyware, malware, or any other code of a destructive, harmful, or disruptive nature;
  • Use the Application to conduct or promote illegal activities;
  • Use the Application to generate unsolicited email advertisements or spam;
  • Use the Application to impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with any person or entity.

4.3. Except as expressly stated in the Terms of Use, no license or right of any kind, express or implied, is granted to the User regarding the Application or any part thereof, including but not limited to any right to obtain possession of any source code, data, or other technical material relating to said Application.

Article 5. Intellectual Property Rights

5.1. The Application, including texts, structure, layout, graphic components, presentation, logos, software, and all other potential elements contained in the Application, are protected by the intellectual property rights of DERMATOO, its potential suppliers or partners. These intellectual property rights include, but are not limited to: copyright, neighboring rights, database rights, and trademark rights.

5.2. Other product or company names mentioned on the Application may be trademarks of their respective owners. Without the prior written authorization of the rights holder or DERMATOO, the User is prohibited from modifying, copying, distributing, communicating, translating, broadcasting, reproducing, publishing, licensing, transferring, or selling information, software, products, or services protected by intellectual property rights. They are also prohibited from creating derivative works from the aforementioned elements.

5.3. By uploading content to the Application, the User declares that they hold the intellectual property rights thereto and that they do not harm the interests of any third party.

Article 6. Limitation of Liability

6.1. Limitation of liability regarding content

6.1.1. In accordance with Articles XII.17 to XII.19 of the Belgian Code of Economic Law, DERMATOO cannot be held liable for content uploaded by Users. DERMATOO plays no active role, takes no initiative, and provides no additional assistance in the presentation or use of User content.

6.1.2. The Company does not commit to and assumes no responsibility or obligation to monitor User content that is either inappropriate, infringes or could infringe the rights of a third party, or has been uploaded in violation of this agreement or any applicable law. Although DERMATOO has no legal obligation to monitor any User content made available on the Application, it reserves the right to remove any inappropriate content in accordance with Article 8.

6.2. Limitation of liability regarding User use

6.2.1. The User expressly acknowledges using the Application at their own risk and under their sole responsibility. DERMATOO's liability can in no case be engaged following a fault committed by a User, including if this fault occurs in the context of the use of the Application by the latter.

6.2.2. DERMATOO can in no case be held liable for the fraudulent use of the User account by a third party. It is the User's responsibility to take all necessary precautions to ensure that their account is not used fraudulently.

6.3. Limitation of liability regarding access to the Application

6.3.1. Access to the Application is available twenty-four (24) hours a day, seven (7) days a week, except in cases of force majeure or events beyond DERMATOO's control, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application and equipment, which may be carried out without prior notice to the User.

6.3.2. To use all the features of DERMATOO's Services, devices such as mobile devices require a WIFI or Internet (mobile) connection. Access to such WIFI or Internet (mobile) connection is the sole responsibility of the User. They must ensure that their device's (mobile) browser meets the minimum required configuration. If their browser does not meet these minimum requirements, DERMATOO cannot guarantee that the Application or all its parts will function correctly.

6.3.3. Consequently, DERMATOO's liability cannot be engaged in the following cases:

6.3.4. The User declares to accept the characteristics and limits of the Internet, and in particular acknowledges:

  • Momentary interruptions for updating certain files;
  • Operating difficulties or momentary interruption of the Application beyond DERMATOO's control, particularly in case of interruption of electricity or telecommunications services;
  • Momentary interruptions of the Application necessary for its development or maintenance;
  • Failure or malfunction of the Internet network in the transmission of messages.
  • Being aware of the nature of the Internet, particularly its technical performance and response times for consulting, querying, or transferring Information;
  • That the communication of any access codes or, in general, any information deemed confidential is done under their own responsibility;
  • That it is their responsibility to take all necessary measures to ensure that the technical characteristics of their computer allow consultation of the Application's Information;
  • That it is their responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating through the Application.

6.4. General

6.4.1. DERMATOO cannot be held liable for any damage that does not result from its willful misconduct or gross negligence.

6.4.2. In any case, DERMATOO can in no case be held liable for:

  • Any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result from the use of the Application, or conversely from the impossibility of its use;
  • The content of advertisements and other links or external sources accessible by the User from sites accessible from the Application.

Article 7. Hyperlinks

7.1. Web spaces outside the domains and subdomains of the Application and, in particular, web spaces to which Users may be redirected via hyperlinks on the Application's pages remain the entire responsibility of the holders of these web spaces.

7.2. DERMATOO cannot, in fact, exercise any permanent control over these web spaces, nor accept any responsibility for their content. The insertion of these links does not imply any approval by DERMATOO of the elements contained in these hyperlinks.

7.3. DERMATOO therefore disclaims any responsibility regarding material and data of any kind, contained in or broadcast on these web spaces to which reference is made and regarding the processing of personal data carried out therein.

Article 8. Suspension - Account Deletion

8.1. Any person who violates or attempts to violate the Terms of Use may have their access to the Application suspended, limited, or deleted without notice.

8.2. Although DERMATOO has no legal obligation to monitor any User content made available on the Application, the Company reserves the right to remove, edit, and/or block any User content at any time, and to immediately limit or restrict access to any User content, for any reason and without liability, if DERMATOO has reason to believe, in its sole discretion, that such content violates or could violate the rights of a third party, has been provided in violation of this agreement, or any applicable law, or is otherwise unacceptable to the Company.

8.3. Any User has the option to request at any time to unsubscribe from the Application and delete their account.

8.4. No compensation may be claimed by the User or any other third party from DERMATOO due to the refusal, suspension, or temporary or permanent interruption, in whole or in part, of services or access to the Application.

Article 9. Personal Data Protection – Patient Data Exchange

9.1. Protection of User Data

9.1.1. DERMATOO complies with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter GDPR).

9.1.2. DERMATOO processes certain personal data of the User in its capacity as Data Controller. In accordance with the GDPR, the User may request access to their personal data. They may also request the rectification or erasure of their data.

9.1.3. For more information regarding the use of personal data and the rights to which they have access, the User can consult DERMATOO's Privacy Policy.

9.2. Protection of Patient Data

9.2.1. The User will exchange data relating to their Patients with other healthcare professionals through the Application. In this context, they are considered "joint controller" of processing with DERMATOO for the processing of patient-related data.

9.2.2. In this context, the User agrees to sign a joint controller agreement within the meaning of Article 26 of the Data Protection Regulation with DERMATOO in connection with the use of the Application.

9.2.3. The User also agrees to inform the data subjects, i.e., the Patients, of the processing carried out on their data through the Application.

9.2.4. The User also acknowledges being subject to the law of 22 April 2019 on the quality of healthcare practice. In this context, they are solely responsible for obtaining the patient's consent in the context of data collection before uploading it to the Application.

Article 10. Partial Nullity

10.1. If any clause or provision of the Terms of Use is found to be null or unenforceable due to the application of a law or rule enacted by a court, the contract shall not be considered null for that reason.

10.2. In this case, the contract shall be interpreted as limiting the application of this clause or provision to the measures necessary to make the contract valid and enforceable, or to the extent that the competent court considers that such limitation cannot be implemented, this contract shall be interpreted and executed as if this illegal and unenforceable clause had never been contained in these terms of use.

Article 11. Applicable Law and Jurisdiction

11.1. All disputes associated with the Application and its use or arising therefrom shall be exclusively subject to Belgian law. For this purpose, the courts of the judicial district of LIÈGE shall have exclusive jurisdiction.

11.2. If the User does not agree with the content of these terms of use, the only recourse possible is to stop using the Application.