1. Introduction
Welcome to DERMX AI PTE. LTD. ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, mobile applications, and any other products or services that link to these Terms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.
2. Eligibility
By using our Services, you represent and warrant that you are at least 13 years old. Users under 21 years old must have parental consent to use the Services. Our Services are not intended for use by individuals under the age of 13.
3. User Account
- Registration: You may be required to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process.
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Unauthorized Use: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this obligation.
4. Services Description
Our Services provide tools for analysing skin conditions through uploaded or captured skin images, along with personalized recommendations based on demographic information such as skin phototype, skin type, race, gender, and age.
5. User Obligations
- Accurate Information: You agree to provide truthful and accurate information when using our Services.
- Lawful Use: You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
- Prohibited Conduct: You shall not engage in any conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
6. Intellectual Property Rights
- Ownership: All content, features, and functionality on the Services, including but not limited to text, graphics, logos, and software, are the exclusive property of DERMX AI PTE. LTD. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.
- Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our intellectual property without our prior written consent.
7. Disclaimer of Warranties
- As-Is Basis: The Services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied.
- No Warranties: We expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.
- No Medical Advice: The Services are intended for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. We do not warrant the accuracy, completeness, or usefulness of the information provided. Reliance on any information provided by the Services is solely at your own risk. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.
8. Limitation of Liability
- Exclusion of Damages: To the fullest extent permitted by applicable law, in no event shall DERMX AI PTE. LTD., its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.
- Aggregate Liability: In no event shall the total liability of DERMX AI PTE. LTD. for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the date of the claim.
- Assumption of Risk: You acknowledge and agree that your use of the Services is at your own discretion and risk, and that you will be solely responsible for any damages that result from such activities.
9. Indemnification
You agree to indemnify, defend, and hold harmless DERMX AI PTE. LTD. and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights; or (iv) any claim that your use of the Services caused damage to a third party.
10. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by DERMX AI PTE. LTD. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You access any third-party websites or services at your own risk, and you should review the applicable terms and policies of any third-party website or service before using it.
11. Modification and Termination
- Changes to Services: We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
- Termination: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
12. Governing Law and Dispute Resolution
- Governing Law: These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
- Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of Singapore. You agree to waive any objection to the jurisdiction and venue of such courts.
- Class Action Waiver: You agree that any disputes arising under these Terms will be conducted on an individual basis and not in a class, consolidated, or representative action.
13. International Use
We make no representation that the Services are appropriate or available for use in locations outside of Singapore. Accessing the Services from territories where its content or use is illegal is prohibited. If you choose to access the Services from outside Singapore, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Medical Liability
- No Professional Advice: The Services are not intended to provide medical advice or diagnoses. Any information provided through the Services is general in nature and is not a substitute for professional medical advice.
- Consult Professionals: You should consult a qualified healthcare professional before making any health decisions or if you have questions about a medical condition.
- No Liability for Decisions: DERMX AI PTE. LTD. shall not be liable for any decisions made or actions taken by you based on the information provided through the Services.
15. Limitation of Remedies
If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on this page. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
18. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and DERMX AI PTE. LTD. regarding the use of the Services and supersede any prior agreements between you and us relating to such subject matter.
19. Contact Information
If you have any questions about these Terms or the Services, please contact us at:
- Email: info@dermx.ai
- Address: 160 Robinson Road, #14-04, Singapore 068914
Effective Date: 16 September 2024