TERMS AND CONDITIONS
General Terms and Conditions
By using the IQONIC software for desktop, iOS and Android devices (hereinafter referred to as "IQONIC" or "IQONIC Services") and all services on the partner website or a domain referring to it, the user agrees to the General Terms and Conditions (hereinafter referred to as "GTC"). If the user does not agree with the GTC, the registration or also the use must be renounced. These General Terms and Conditions apply to all websites and apps of IQONIC and its partners. They also apply regardless of whether the use of IQONIC services is free of charge or subject to a fee.
1. general provisions
IQONIC refers to services of SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany (hereinafter referred to as "Provider"). Further information about the IQONIC services and SkinTech Corp. GmbH can be found in the imprint on the website and in the app.
The subject of this contract is the use of the services offered by the Provider under the name IQONIC, such as via its website http://www.sqin.co, http://www.iqonic.ai other IQONIC or partner websites or via software applications (hereinafter referred to as "services" or "Service"), whether against payment or free of charge or financed by advertising. If a Service is subject to a charge, this shall be expressly stated.
In principle, a service can be used on all platforms or end devices supported by IQONIC. These General Terms and Conditions of SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, represented by the Managing Director, Mr. Martin Pentenrieder, Registergericht Amtsgericht Berlin Charlottenburg, HRB 225620 B (hereinafter: GTC), apply to the use of the website www.Iqonic.ai as well as to the use of the app and webapp "IQONIC" or the service "OSKA" for the purpose of a skin or hair diagnosis to determine the appropriate beauty products.
The jointly responsible parties, SkinTech Corp. GmbH, QMS Medicosmetics GmbH, provide users with a skin or hair diagnosis and product recommendation. The diagnosis and product recommendation does not require physical presence or interaction with a human.
Registration is generally required to use the services. The use of the basic functions of IQONIC is initially possible without registration.
Registration is required to use the product recommendation services.
The user assures that all data provided during registration are complete and truthful. The contract of use between the user and the provider only comes into effect with an electronic confirmation by the provider.
When using IQONIC, especially in foreign networks or abroad, the user may incur transmission costs of his internet access provider.
The prerequisite for using the services is reaching the age of 18 and full legal capacity. The services are aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The use of IQONIC for commercial or other commercial purposes is expressly prohibited.
Offer and conclusion of contract
1) By using the app or webapp provided by SkinTech Corp. GmbH, a contract of use is concluded between the users and SkinTech Corp. GmbH.
Obligations of SkinTech Corp. GmbH
1. SkinTech Corp. GmbH has implemented suitable technical and organizational measures for the accessibility and usability of the app and the webapp "IQONIC". As far as the availability of the app or webapp depends on services of third parties (especially telecommunication providers), SkinTech Corp. GmbH does not assume any liability for the availability. SkinTech Corp. GmbH does not owe the success of the access to the website or the app.
2. SkinTech Corp. GmbH will always push the technical development of the app and the webapp "IQONIC". In order to maintain the quality standards, it is necessary to carry out regular maintenance work on the software and the webapp "IQONIC". SkinTech Corp. GmbH reserves the right to carry out this work at any time, even if this temporarily interrupts access to the app and the webapp "IQONIC". In this case, the users are not entitled to any claims for damages.
Obligations of the users
The users undertake to provide truthful information both during registration and when using the app and the web app "IQONIC". They are aware that they are solely responsible for the completeness and accuracy of the information.
2. the users are forbidden to make statements within the scope of the application or to post content that illegally interferes with the rights of third parties. In case of a violation of this obligation, SkinTech Corp. GmbH is entitled to terminate the user contract without notice. Further rights are reserved, especially for omission and compensation. In case of a violation, the users agree to indemnify SkinTech Corp. GmbH from claims for damages and reimbursement of expenses of third parties in connection with the violation. This indemnification obligation also includes the costs of legal defense of SkinTech Corp. GmbH. Any rights of SkinTech Corp. GmbH not expressly mentioned shall remain unaffected.
3. users are prohibited from impairing or endangering the usability of the app and the "IQONIC" web app through improper use.
The user data (password etc.) must always be stored carefully and kept secret. If unauthorized third parties get knowledge of the login data, SkinTech Corp. GmbH has to be informed immediately. Also in case of violation of this obligation, SkinTech Corp. GmbH is entitled to block the user's access immediately.
5. chargeable services
Some services of IQONIC or its partners such as QMS Medicosmestics GmbH are subject to a fee. The scope of the services included and usable by the user depends on whether and which services are used free of charge or against payment. In the case of free use, the user has access to certain basic functions and information of the respective services. An extended range of functions is available to the user if the services are activated for the user as part of a subscription. The IQONIC Services provide an overview of the available chargeable services, their fees, scope of services, restrictions and conditions. The payment of the fee entitles the user only to access the services available or visible in the offer presentation. All fees stated are inclusive of the applicable value-added tax.
The payment methods presented in the offer are accepted; the payment process is usually operated by corresponding service providers. These may in particular be the payment systems offered by the respective store operators. Insofar as the respective service provider includes its own General Terms and Conditions of Business or Use (GTC) in individual cases, these shall apply exclusively to the payment process. The User may be required to have a user account with the service provider.
The Provider reserves the right to change its business model at any time and, for example, to offer certain or all services only against payment. The respective fees will be published. The user is free to terminate the use of the service or to opt for the further use of the service against payment.
We reserve the right to assert further claims due to default of payment.
The provider can employ people who are active on the platform either as volunteers or for payment. These persons may act as coaches in groups or contact the user to support and motivate him or her in using the app. These persons may also act within the scope of paid functions.
4. rights and obligations of the user
IQONIC Services, the services and contents available via it are not made available to the user for commercial use, but only for personal use. A transfer of the user account to third parties is not permitted. The user may only use the IQONIC Services for his own private purposes.
Moreover, the user is not allowed to do so,
to use chargeable services simultaneously on several end devices, unless such use is expressly permitted within the scope of the respective offer presentation;
disclose the data transmitted for authentication and identification to third parties or make the access data used for authentication and identification available to third parties
To allow third parties to view or access the Services, such as an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, workshops, showrooms, hotels, bars, restaurants, or other public spaces);
Use access control systems to chargeable services or other measures to use or circumvent services without authorization;
assign or transfer the rights or obligations arising from these General Terms and Conditions (GTC) to third parties.
The use of the IQONIC Services may be restricted to persons who meet certain requirements (e.g. age of majority). The User shall ensure that the Services are only available to persons who meet these requirements. In particular, the user undertakes to comply with the applicable regulations for the protection of minors from content harmful to minors.
When using IQONIC Services and their services, the User shall observe contractual agreements with third parties, in particular with his Internet access provider or the App Store operator.
The user bears sole responsibility for his actions in the IQONIC services as well as on the website and thus for all content and data that he publishes within the framework of the services. He undertakes to behave in accordance with our content and behavior guidelines. In particular, he undertakes not to secure, publish, transmit or disseminate any racist, insulting, discriminating, harassing, defamatory, sexual, pornographic, violence-glorifying or other illegal content, persons or representations. Furthermore, the user is expressly advised that it is prohibited to use legally protected terms, names, images, videos or other materials. The user is also obliged to take appropriate measures to prevent unauthorized use of his data, in particular his passwords, by third parties. He is obliged to inform the provider immediately about any detected or suspected unauthorized use of his account.
The user undertakes not to intentionally pass off third party data (including e-mail address) as his own. In particular, he undertakes not to fraudulently provide credit card data or bank details of third parties. Furthermore, the user undertakes to comply with all applicable laws when logging in, registering and using the services, the website or the IQONIC partner websites. The user undertakes to treat the chat function and messages confidentially and not to make them accessible to third parties or pass them on without the consent of the originator. The same applies to names, telephone and fax numbers, private e-mail addresses and / or URLs.
Remotely, the User undertakes not to misuse the Services, in particular to
Not to disclose any defamatory (e.g., libelous), abusive or otherwise illegal material or information about them
not to use it to threaten or harass other people/users
or violate the rights (including personal rights) of third parties
not to upload any data containing a virus (infected software). In general, not to upload software or other material that is protected by copyright, unless the user has the rights to it or the necessary consents - in this case, the provider may require written proof.
not to use them in a way that impairs the availability of the service offerings for other users
not to intercept messages and not to try to do so
not to advertise for other internet portals
not to write chat messages and send them to several people at the same time
The diagnostics presented within the IQONIC services are designed for averagely healthy, physically and mentally resilient users. The user performs the exercises at his own responsibility. If the User suffers from a disease, such as diabetes or cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular diseases, surgery or other health restrictions, is pregnant or breastfeeding, or feels unwell, the Provider advises the User to consult a doctor. The use of IQONIC Services is at the User's own risk. The services and performances offered here do not constitute medical or doctor's advice and cannot be used as a substitute for a medical examination or treatment. Minors may only use the services of IQONIC Services in consultation with and under the supervision of their parents.
If there is any medical or doctor's advice, the user will be directly referred to it.
The results of the diagnosis can be influenced by light influences, wearing makeup or glasses. In this case, IQONIC is not liable for the correctness of the results in case of incorrect user application.
The provider is liable without limitation for intent and gross negligence. The provider shall only be liable for simple negligence if its vicarious agents or legal representatives violate an obligation that is essential for achieving the purpose of the contract (so-called cardinal obligation). In this case, liability is limited to the foreseeable damage. This amounts to a maximum of the fee paid by the user for the use of the paid services and functions. The aforementioned limitation of liability shall not apply to damages due to the absence of warranted characteristics, in the event of injury to life, limb or health, or in the event of claims under the Product Liability Act. However, insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of its legal representatives and vicarious agents.
The User undertakes to indemnify the Provider or its vicarious agents against all claims by third parties asserted in connection with a breach of the User's obligations under these GTC and/or the laws applicable to the User, and to bear all reasonable costs incurred by the Provider, including the costs of legal defense, insofar as the User is responsible for the violations.
1. skinTech Corp. GmbH is liable according to the legal regulations only in case of intent or negligence in culpable violation of essential contractual obligations.
2. in the event of negligence, liability exists only
- for damages resulting from injury to life, body or health,
- for damages resulting from the not insignificant violation of an essential contractual obligation, whereby in these cases the liability of SkinTech Corp. GmbH is limited to the compensation of the foreseeable, typically occurring damage.
3. the SkinTech Corp. GmbH is not liable for any damages in connection with the execution of the user contract between the patients and the treating dermatologist of the respective dermatologist. SkinTech Corp. GmbH is not responsible for the conclusion of a treatment contract and does not guarantee the conclusion of such a contract.
4. the respective partner company shall be liable for any damages arising from the effectively concluded contract of use and purchase of products in accordance with the statutory provisions.
6. no warranty
The provider gives no assurances or guarantees that the result desired by the user will be achieved by using the respective service. A specific success is not owed by the provider. In addition, the result is also influenced by factors that cannot be influenced, such as physical predispositions and preconditions, so that the result can vary greatly for different people despite the same use of the services. The provider does not guarantee that all interactions on the platform with other users will occur.
7. responsibility for user-generated content
The user alone is responsible for the content uploaded within the scope of the services. The provider does not adopt them as its own and does not check them.
8. contract duration, termination, repayment
Insofar as the subject of the user contract is free services, the user contract can be terminated at any time. For this purpose, the User will find a corresponding account cancellation function in his account settings on the Website and in the App. The termination is also possible by mail (SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany) or by sending a message to the e-mail address email@example.com. The use by the provider can be terminated extraordinarily without notice if the user violates these GTC. The termination of the usage agreement by the provider shall be effected by notification to the e-mail address provided during registration. Furthermore, the provider reserves the right to refuse the user's registration without giving reasons.
The IQONIC Services offer chargeable services. Unless otherwise stated in the respective offer, the usage contract for the respective chargeable service shall initially run for the booked minimum usage period. Thereafter, the usage contract shall be extended in each case by the duration of the booked minimum usage period if it is not terminated by the User or the Provider prior to the expiry of the extension period/minimum usage period with effect from the end of the respective period. The User may continue to use the Services after termination until the end of the respective period. The termination of the paid service can be made if the purchase was made via an App Store, as described in the respective App Store in the subscription management. in case of termination by the Provider to the email address provided by the User during registration.
The right to extraordinary termination for good cause remains unaffected. An important reason for the provider is especially given if the user violates applicable law or essential contractual obligations. A prior warning is not required.
In case of a termination of the user contract by the user as well as a termination by the provider, the refund of fees paid in advance is excluded, unless the user terminates for an important reason for which the provider is responsible.
After termination of the contractual relationship, all data of the User shall be promptly deleted from the IQONIC database, unless they are required beyond the termination of the contractual relationship for the proof of an unlawful act of the User.
9. possibility to save and view the text of the contract
These General Terms and Conditions can be viewed at www.Iqonic.ai. If the user wishes to save these General Terms and Conditions permanently on a data carrier, he can download them free of charge as a "pdf" file. The user must consult the instructions of the respective browser software if he needs assistance in saving. In order to open a "pdf" file, the user may need a special program such as the free Acrobat Reader or a comparable program that can handle "pdf" files.
The User can view the remaining contract information and data in the IQONIC Services. Alternatively, he can print or save the automatic order confirmation which the user receives after completing an order.
10. out-of-court dispute resolution
The Provider does not participate in a dispute resolution procedure before a consumer arbitration board, but is obliged to point out that the European Commission operates a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odreine.
11. final provisions
The Provider shall endeavor to enable trouble-free operation of the App and to keep it available as far as possible. However, it is pointed out that complete or uninterrupted availability is not technically feasible. The provider therefore does not guarantee trouble-free operation or a certain availability. Furthermore, there is no claim to the maintenance of individual functionalities of the app, which are used free of charge. The Provider is - insofar as no contractual obligations exist to the contrary - entitled at any time to change or remove the content, services and functionalities provided within the IQONIC Services and to provide new content, services and functionalities or to discontinue the further development of the App as a whole. In this context, the Provider also reserves the right to issue separate GTCs for new service offerings or to discontinue and change additional features free of charge.
The Provider is entitled at any time to entrust third parties with the provision of the agreed services in whole or in part. Furthermore, the Provider may transfer its rights and obligations to one or more third parties
Agreements between the Provider and the User that deviate from these GTC must be in text form to be effective; this also applies to a waiver of the written form requirement.
The place of jurisdiction is Berlin, if the user does not have a domicile or habitual residence in Germany or relocates there or if the user is not a consumer in the sense of § 13 BGB. SQIN is also entitled to sue at the general place of jurisdiction of the user.
German substantive law shall apply to the exclusion of the conflict of law provisions.
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
Status: May 2023