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Welcome to QSkin’s website and smartphone APP, an online information and communication service provided by Quick Intelligent Diagnosis Technology Inc. (“QuindiTech” or “We” or “Us”), subject to your agreement with all of these terms and conditions (“Terms”). In the Terms, “User,” “you” and “your” refer to the individual or entity that uses the services (Customer or Professional) and uploads images and other personal information on the Services. “Professional” refers to the person who provides information regarding the skin condition shown in an image posted on the Services (i.e. a medical doctor).By using the Services, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of thirteen (13) or you are using our service under supervised by people above 13 years old and able to form legally binding contracts, QuindiTech may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on QSkin Online Services. We will ask you to accept or decline the modified Terms prior to your access to the Services. If you do not agree with all the Terms, or if you are under the age of thirteen (13) without a certain supervision, do not use the Service. Please review all of the Terms carefully before using the Service.
THE SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER. IF YOU REQUIRE NON-EMERGENCY MEDICAL SERVICES, CONTACT YOUR REGULAR HEALTH CARE PROVIDER.
If you use a sharing account or if you are a Professional, please make sure that your companions or your patients are duly informed and accept the use of the services. The same applies for children or other relatives above the age of thirteen (13).
Please note that these Terms provide that if you and QuindiTech are unable to resolve any disputes that arise between you and QuindiTech, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and QuindiTech also agree that any claims or disputes cannot be brought as a class action. Please carefully review the Arbitration Agreement section below.
QSkin provides the following Online Services:
- the Android or iPhone smartphone APP; and
- the website www.quinditech.com (Website);
- the WeChat Platform Application;
In order to use the QSkin Services, you may be required to register with QSkin by providing your email address and creating a password in order to access and use certain features of the Service. You will be asked to validate your email address within 24 hours in order to make use of the service. You can also register with Google or Facebook account. You can personalize your account by choosing a profile picture and by filling in the Personal Profile and Skin Situation questionnaires. We provide the following services:
a. Standard Assessment service
With the QSkin Standard service, you can take a photo of your cutaneous concern with your smartphone camera; this is then uploaded securely to the QSkin server and QSkin then returns to the user the top three skin diseases with the probability based on the database. The Standard service is free of charge.
b. Additional services
If you would like to keep track your records and request some treatment suggestion through us, additional service fees will be applied. The user needs to pay the fee via iTunes, PayPal or Google Wallet in accordance with QSkin instructions. And you will get the flowing services:
c. Record management to track changes
QSkin provides storage to allow you to store your skin-related photos in the server so that you could track the size, shape or even color changes. Thus, you could have a reference for your skin situations.
d. Treatment recommendations
QSkin gives some treatment suggestion according to the detection result. We do neither provide professional diagnosis nor guarantee the validation of the suggestion. It is the responsibility of the user to estimate if accept our suggestions. If you feel any uncomfortable, please seek the advice of the dermatologist.
e.Recommendation for dermatologic drugs
QSkin provides a list of OTC dermatological drugs according to the result which the AI algorithm gives to the user. It is the responsibility of the user to evaluate if he would the one of these drugs and decide which drug he would use. Please seek the advice of professionals.
f. Discussion groups
QSkin provides a platform for discussion groups where users could give suggestions or be given suggestions between each other. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE FROM THIRD PARTIES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
3. Use of Service
You agree that any content you provide on the Services and your use of the Services shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy including uploading images of skin that you are not allowed to upload (c) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You are prohibited from soliciting Users of this Service, including Professionals, for any purpose (including inviting other Users to contact you off of the Service or inviting Users to participate in a web service that competes with QuindiTech or the Service or charges money to receive answers or to communicate with purported experts or professionals).
Suspension or Termination of Service. At any time, without notice, for any or no reason, QSkin reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
a. You are responsible for maintaining the confidentiality of your username and password, if any, and are fully responsible for any and all activities that occur under your password or account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password. You agree to (a) immediately notify QSkin of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. QSkin will not be liable for any loss or damage arising from your failure to comply with this Section. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols with your account.
b. You acknowledge that QSkin may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on QSkin’s servers on your behalf. You agree that QSkin has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that QSkin reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that QSkin reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
c. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
a. The Online Services of QSkin allows you to upload images of skin conditions, we only provide skin disease early detection and estimate the skin situation. It is not to be used or relied on for any diagnostic or treatment purposes and they do not replace a visit to the doctor. For the doctors, we provide third opinions which are non-diagnostic results and partial results, please do not fully rely on our tool and make decisions based on your professional judgment. Any reliance by you is at your own discretion and risk.
b. The risk assessment tool within the app is provided to estimate the risk of an individual to develop the disease (over time). It is highly recommended that you discuss your personal risk factors and the results of your risk assessment with your doctor.
c. QSkin makes no representation or warranties relating to the information contained in our Online Services. We do not warrant that the medical information on the Online Services will be available, complete, completely accurate, up-to-date or not misleading.
d. QSkin is not involved in the conversations between you and the members of discussion groups or the doctors. QSkin shall not be liable for any acts or omissions of doctors, content in communication, or the ability of the doctor to answer questions.We only provide the services of referral. The Professionals determine how to diagnose, and they are not employees or agents of QSkin but are independent service providers.QSkin shall not be liable for any acts or omissions of Professionals and the ability of Professionals to diagnose.
e. QSkin does not warrant the validity, accuracy, completeness, safety, legality, quality or applicability of the content or advice provided by any physician using the Service. QSkin will not be liable for any damages sustained due to reliance by the user on such information or advice provided by any physician.
f. We have no responsibility or liability for any kind of action that you do or do not take because of or despite of the information on the Online Services. If you are experiencing a medical emergency or you have any concern about your medical condition in any way you should seek immediate medical attention. You should not delay seeking medical advice, stop treatment, or disregard medical advice because of the information contained in the Online Services.
g. QSkin does not support devices that are jailbroken or in anyway tempered with against the terms and conditions of the device manufacturer.
5. No Warranties
a. YOU UNDERSTAND AND AGREE THAT QSKIN ONLINE SERVICES AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY QSKIN ONLINE SERVICES IS PROVIDED ON AN “AS IS” BASIS. QSKIN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, QSKIN DOES NOT GUARANTEE THAT USE OF QSKIN ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT
b. UNDER NO CIRCUMSTANCES WILL QSKIN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, FROM THIRD PARTIES (SUCH AS PROFESSIONALS OR OTHERS) OR A LINKED SERVICE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SERVICE. USE OF THIS SERVICE IS AT USERS’ SOLE RISK.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QSKIN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
QSkin and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
References to ‘QSkin, ‘you’, and ‘us’ include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms, you and QSkin are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If QSkin and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or QSkin may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by QSkin or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or QSkin is entitled.
Unless QSkin and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND METAOPTIMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and QSkin agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if QSkin makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
7. Fees for Services and Refund
a. Any charges for the Services or the service of a Professional will be expressly displayed and you will be asked to pay in advance (in-app purchase) if you want to make use of a paid service. If you dispute any charges you must let QuindiTech know within sixty (60) days after the invoice date. We reserve the right to change the prices of services. If QSkin does change prices, QSkin will provide notice of the change on the QSkin App or the email to you, at QSkin’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
b. As we provide you with a unique service, all paid services are non-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at email@example.com.
8. Discontinuance of Services
QSkin reserves the right to modify, discontinue, temporarily or permanently, this site, or any part thereof, at any time, with or without notice. In addition, your access to the site may be discontinued at any time if you violate the Terms of this agreement or if we determine, for any other reason, that it is no longer appropriate for you to have access to the site.
9. Limitations and Exclusion of Liability
The use of the Service is entirely at your own risk, and in no event shall QSkin be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to the Service, or content or information provided therein. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE USING THE SERVICE.
10. Agreement; Assignment; Miscellaneous
a. The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties, and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any QSkin employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of QSkin), the Terms will prevail.
b. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. QSkin’s failure to exercise or enforce any of the Terms shall not constitute a waiver of QSkin’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
c. You agree that QSkin may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. QSkin shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of QSkin. No delay or omission on the part of QSkin in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
11. Consumer rules
Depending on your country, consumer protection rules may apply. We recommend you to take note of these.
12. Governing Law & Jurisdiction
These Terms are governed by the laws of Quebec, Canada and subject to the exclusive jurisdiction of the courts of Quebec, Canada (insofar as this choice of law and forum is not set aside by (super)mandatory laws of other countries involved).