Last updated: November 19, 2015
Thank you for using MoleScope™. Through the MoleScope™ application(s) and related website(s) MetaOptima Technology, Inc. (“MetaOptima,” “we,” “our”) is dedicated to enabling the rapid and convenient capture, storage, and communication of skin images (the “Service”).
From time to time MetaOptima may offer users the opportunity to participate in additional features or services. You may be required to enter into additional agreements or authorizations before you can access such features or services.
Neither MetaOptima nor its related service providers, including but not limited to Dermatologists, shall have any liability for a diagnosis or opinion that is based wholly or in part on inaccurate information that you provide. Your use of the Service is not intended in any way to be a substitute for an in-person visit with a physician or other qualified health care provider.
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 MetaOptima 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. MetaOptima 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.
MetaOptima reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MetaOptima will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that MetaOptima 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 MetaOptima’s servers on your behalf. You agree that MetaOptima 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 MetaOptima reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that MetaOptima reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to access the Service and browse the related website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain applications may be prohibited or restricted by your carrier, and not all applications may work with all carriers or devices. By using the Service, you agree that we may communicate with you regarding MetaOptima and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the application may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your MetaOptima account information to ensure that information is not sent to the person that acquires your old number.
You must be 18 years of age to use the Service.
MetaOptima provides the hardware and software to enable the capture, storage, analysis and communication of skin images.
METAOPTIMA DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS.ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, PARTICULARLY THOSE OF AN URGENT NATURE, AND METAOPTIMA MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO ANY INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THE SERVICE FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
Information provided by MetaOptima does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. The Service should not be construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by MetaOptima.
MetaOptima does not recommend, refer, endorse, verify, evaluate of guarantee any advice, information, treatment, institution, product, physician, opinion or other information or services provided by any physician using the Service. Nothing shall be considered as a referral, endorsement, recommendation or guarantee of any physician.
MetaOptima does not warrant the validity, accuracy, completeness, safety, legality, quality or applicability of the content or advice provided by any physician. MetaOptima will not be liable for any damages sustained due to reliance by the user on such information or advice provided by any physician. You agree that by using the Service you are at least 18 years of age and are legally able to enter into a binding contract.
This security of any data you submit is very important to us. Our applications and website use encryption technology, and we constantly review our security practices to help ensure that your data is maintained securely. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information electronically, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, MetaOptima makes no guarantee as to confidentiality or security. You hereby expressly and solely assume the risk of any unauthorised disclosure or intentional intrusion, or of any dealy, failure, interruption or corruption of data or other information transmitted in connection with your use of the MetaOptima Service. Your username and password should be kept confidential. Failure to do so may also compromise the confidentiality of your information.
Your use of the Service is at your sole risk. You understand and agree that the MetaOptima Service and any related products and services, content and information is provided on an “as is” basis. MetaOptima does not make any express or implied warranties, representations or endorsement 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 product, information of service provided through the Service.
In addition, MetaOptima does not guarantee that use of the MetaOptima Service 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.
The use of the Service is entirely at your own risk, and in no event shall MetaOptima be liable for any direct, indirect, incidental, consequential,
special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising our 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
When a product (“Product”) is offered for sale as part of the Service, MetaOptima may accept your offer to purchase Product subject to the following terms of sale (the “Terms of Sale”). At that time, MetaOptima will capture payment on the payment instrument you provided and ship your Product. MetaOptima may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Product requested.
MetaOptima reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
In addition, Product may be made available for reservation and pre-order via the Service or on the MetaOptima website. Such Product is not offered for sale and your placement of a reservation and/or pre-order does not create a contract for sale. By placing a pre-order for a Product that is not yet available for sale, you make an offer to MetaOptima to purchase the Product subject to these Terms of Sale. MetaOptima will charge your bank or credit card company for the cost of the product plus any applicable charges for taxes and shipping. You may cancel your offer to purchase Product at any time prior to shipment and your payment will be reimbursed.
All Product offered is subject to availability. Prices for Product are subject to change without notice at any time. To purchase Product, you may be required to provide MetaOptima information regarding your credit card or other payment instrument. You represent and warrant to MetaOptima that such information is true and that you are authorized to use the payment instrument. You hereby authorize MetaOptima to bill your payment instrument in accordance with the Product you are purchasing. You shall be responsible for all taxes associated with Product other than taxes based on MetaOptima’s net income.
Sales of Product are intended for end users only, and purchased Product is not authorized for resale. Title for purchased Product passes to the purchaser at the time of delivery by MetaOptima to the freight carrier, but MetaOptima and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
Price for Product does not include shipping costs. Our delivery charges are as quoted from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
Product offered by MetaOptima is not intended for use in countries where it is not approved by the appropriate regulatory agency. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. MetaOptima is not liable or responsible if you break any such law.
If for any reason you are not satisfied with the Product you purchased from MetaOptima, you can return the Product within 30 days of receipt for a full refund. No refunds will be issued 30 days after the date of receipt. To initiate a refund, and to arrange for the return of the Product, you should contact MetaOptima. You will receive a refund of the price and taxes you paid for the Product less the value of any promotional merchandise or discount you received. We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by MetaOptima of the returned Product.
You are solely responsible for all images, information, data, text, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
You agree to only post or upload media (for example, photos) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading images of other people without their permission is strictly prohibited.
By uploading any images on the Service, you warrant that you have permission from all persons appearing in these images for you to make this contribution and grant rights described herein. Never post a picture of someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Service.
By providing any media, (a) you grant to MetaOptima a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes MetaOptima to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify MetaOptima and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
MetaOptima reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MetaOptima information regarding your credit card or other payment instrument. You represent and warrant to MetaOptima that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MetaOptima the amount that is specified in the payment plan in accordance with the terms of such plan and the Terms of Sale. You hereby authorize MetaOptima to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan. If you dispute any charges you must let MetaOptima know within sixty (60) days after the date that MetaOptima invoices you. We reserve the right to change MetaOptima’s prices. If MetaOptima does change prices, MetaOptima will provide notice of the change on the MetaOptima website or in email to you, at MetaOptima’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. You shall be responsible for all taxes associated with Services other than taxes based on MetaOptima’s net income.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
By using the Service you agree to release, discharge and hold harmless MetaOptima and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold MetaOptima and its subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Service, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if MetaOptima has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
MetaOptima 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:
References to ‘MetaOptima, ‘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 MetaOptima 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 MetaOptima and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or MetaOptima may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MetaOptima or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MetaOptima is entitled.
Unless MetaOptima 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 MetaOptima 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 MetaOptima 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.
These Terms of Service constitute the entire agreement between you and MetaOptima and govern your use of the Product and Service, superseding any prior agreements between you and MetaOptima with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MetaOptima agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MetaOptima, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own user information that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of MetaOptima, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MetaOptima.
Payment processing services for users on DermEngine™/MoleScope™ are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an user on DermEngine™/MoleScope™, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of DermEngine™/MoleScope™ enabling payment processing services through Stripe, you agree to provide DermEngine™/MoleScope™ accurate and complete information about you and your business, and you authorize DermEngine™/MoleScope™ to share it and transaction information related to your use of the payment processing services provided by Stripe.