TERMS AND CONDITIONS
General Terms and Conditions
By using the SQIN Mobile Apps for iOS and Android devices (hereinafter referred to as SQIN Apps) and all services on the SQIN website, e.g. at www.sqin.co 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 must be waived. These General Terms and Conditions apply to all websites and apps of SQIN. They also apply regardless of whether the use of the SQIN services is free or against payment.
- General provisions
The SQIN Apps refer to services of SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany (hereinafter referred to as "Provider"). Further information about the SQIN Apps and SkinTech Corp. GmbH can be found in the imprint on the website and within the app.
The subject of this contract is the use, free of charge or against payment or financed by advertising, of the services offered by the Provider under the name SQIN via its website http://www.sqin.co, other SQIN websites or via software applications (hereinafter referred to as "services" or "Service"). If the User wishes to use a mobile app to use the Services, he can find out at http://www.sqin.co whether the Provider offers a mobile app for his terminal device or for the operating system of his terminal device. If a service is subject to a charge, this is explicitly stated.
In principle, a Service can be used on all platforms or end devices supported by SQIN. Restrictions, in particular technical ones, can be found in the respective offer description.
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) as well as the jointly responsible dermatologists within the SQIN App Platform (hereinafter: the respective dermatologist), apply both to the use of the website www.sqin.co as well as for the use of the app and webapp "SQIN" for the purpose of concluding a (remote) treatment contract.
The jointly responsible parties, SkinTech Corp. GmbH and the respective dermatologist, offer patients a teledermatological consultation. The initial consultation within the framework of this teledermatological diagnosis does not require the physical presence of the patient in the respective dermatologist.
The dermatological consultation must be carried out in accordance with the requirements of Section 7 (4) of the Model Professional Code for Physicians Working in Germany. The consultation may only be carried out by the dermatologist working in the respective area.
- Any deviating, conflicting or supplementary terms and conditions of the patients shall not apply and shall not become part of the contract. This also applies if the patients refer to their terms and conditions vis-à-vis the Joint Managers and the Joint Managers do not expressly object to the terms and conditions.
- By using the offer of SkinTech Corp. GmbH and the respective dermatologist, the patients accept these GTC without any restrictions.
- Patients must register via the web app "sqin.co" or via the app "SQIN " - after prior download - before taking advantage of the treatment offer. For the teledermatological consultation, the patients take photos of the skin areas to be examined, e.g. with their smartphones. In addition, patients must fill out a medical history form. These photos and the completed medical history form are sent to SkinTech Corp.
- The specialist consultation is carried out by the respective dermatologist within approximately 24 hours from the transmission of the photographs and the medical history form to SkinTech Corp. For the teledermatological consultation, the photographs and the completed medical history form of the respective treating dermatologists will be disclosed.
- In individual cases, remote treatment can remain the exclusive option, provided that the specialist diagnosis can already be made conclusively on the basis of the photographs and the completed medical history form, while observing the necessary medical care, in particular through the manner in which the findings are ascertained, consultation, treatment and documentation of the treatment process.
In this case, the treating dermatologists inform the patients about the peculiarities of a purely remote treatment.
If the treating dermatologists consider a second professional assessment of the specific treatment case to be necessary, they should consult the interdisciplinary expert panel of the respective dermatologist.
If medical follow-up is required, this is carried out by medical professionals on behalf of the respective dermatologist. In this case, the medically trained specialist contacts the patient via the app or by phone.
No registration is required to use the services. The use of the basic functions of SQIN Apps is initially possible without registration. Registration in the SQIN App can take place later.
When downloading and using SQIN Apps, especially in foreign networks or abroad, the user may incur transmission costs from 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 SQIN Apps for commercial or other commercial purposes is expressly prohibited.
Offer and conclusion of contract
- By using the app or web app "sqin.co" provided by SkinTech Corp. GmbH, a contract of use is concluded with the patient.
- The activity of the respective dermatologist is based on a treatment contract to be concluded between the patient and the respective dermatologist. SkinTech Corp. GmbH is authorized by the respective dermatologist to submit the offer to conclude the treatment contract.
- The services offered by the respective dermatologist represent a non-binding and non-binding offer to conclude a contract. The contract is concluded if the patient has uploaded the photographs and submitted the completed medical history form and the dermatologist confirms the conclusion of the treatment contract within 24 hours.
- The teledermatological consultation is carried out exclusively by the respective dermatologist.
Obligations of SkinTech Corp. GmbH
- SkinTech Corp. GmbH has implemented suitable technical and organizational measures for the accessibility and usability of the app and the webapp "SQIN". 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.
- SkinTech Corp. GmbH will always push the technical development of the app and the webapp "SQIN". In order to maintain the quality standards, it is necessary to carry out regular maintenance work on the app and the webapp "SQIN". 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 "SQIN". In this case, the patients are not entitled to any claims for damages.
Obligations of the patients
- Patients undertake to provide truthful information both during registration and when using the app and the "SQIN" web app. They are aware that they are solely responsible for the completeness and accuracy of the information provided.
- Patients are prohibited from providing information or posting content within the scope of the application that illegally infringes 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 and the respective dermatologist is entitled to terminate the treatment contract without notice. Further rights are reserved, in particular to injunctive relief and damages. In the event of a violation, the patients undertake to indemnify SkinTech Corp. GmbH and/or the respective dermatologist 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 and/or the respective dermatologist. Any rights of SkinTech Corp. GmbH and/or the respective dermatologist not expressly mentioned shall remain unaffected.
- Patients are prohibited from impairing or jeopardizing the usability of the app and the "SQIN" web app through improper use.
- The user data (password etc.) must always be stored carefully and kept secret. If unauthorized third parties gain knowledge of the login data, SkinTech Corp. GmbH must be informed immediately. Also in case of violation of this obligation, SkinTech Corp. GmbH is entitled to block the access of the patients immediately.
- Paid services
Some services of SQIN Apps 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 SQIN Apps provide an overview of the available chargeable services, their fees, scope of services, restrictions and conditions. 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 individual steps of the purchase of paid services are described in the descriptions within the app store of the third party provider, the SQIN Apps or the website www.sqin.co . With the order, the user makes an offer. The mere activation of the order button does not constitute a purchase contract for the paid content. Only after successful payment and corresponding electronic confirmation is the order considered accepted and the purchase contract is concluded. Acceptance can also be implied, in particular by activating the chargeable services.
The SQIN apps offer the possibility to unlock the entire app content by making a payment. The SQIN apps offer subscriptions with different minimum terms. With the activation of the paid content, the user receives the right to use it permanently for his own, non-commercial purposes on all compatible devices connected to his App Store account. Any further use - in particular publication on the Internet as well as unauthorized reproduction, distribution or making available of the content via the Internet, whether free of charge or for a fee - is not permitted. The same applies to the copying of the contents, the removal of copyright notices and source information as well as other processing or manipulation of the download. The rights of use granted are not transferable or sublicensable and require full payment. The uses permitted under copyright law are not restricted.
The provider is entitled to revise, update or otherwise change the content at any time, if this should be necessary for technical, legal or content-related reasons.
The provider will keep all acquired digital data available for download for a reasonable period of time. However, unlimited data backup and data availability cannot be guaranteed. The user should therefore save his downloads in parallel locally on connected end devices. The user will be expressly informed in advance if the content can no longer be made available for download by the provider.
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 app 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 need to have a user account with the service provider.
The App Store provider can influence the duration or the extension or the offer of its paid services. Depending on the App Store, paid services may expire at the end of the agreed term without requiring termination, or the respective contract term may be extended indefinitely or by a corresponding period of time. Details can be found in the GTC or the respective offer presentation of the App Store. The App Store offers the option to cancel paid services via a corresponding menu item.
If fees cannot be collected and if the user is responsible for the event triggering the collection, the user shall bear all resulting costs. If payments made are reversed or if the user does not pay any fees, SQIN is entitled to block the SQIN apps completely or to block access to individual services.
The provider may offer users paid services free of charge for a certain period of time. Which user can participate in a test offer is at the sole discretion of the provider. The provider may change the scope of services of the test offer or terminate the provision of a test offer at any time.
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 in the SQIN Apps. 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.
Implementation of the teledermatological consultation
- Patients must consent to the Terms and Conditions and to the data processing associated with the submission of the application by confirming the consent form checkbox.
- Patients must provide the treating dermatologists with the information necessary to fulfill the treatment contract (surname, first name, date of birth, biological sex, address, e-mail address and photographs of the skin lesion) and answer a predefined medical history form. The application guides the patient through the request.
- The patients then register in the app or web app by entering their e-mail address and a password.
- By using the "Conclude with costs" button, patients make a legally binding offer to conclude a treatment contract for a fee-based teledermatological consultation with a dermatologist. Patients receive a notification in the app or web app that the application has been received and is being processed.
- The confirmation of receipt does not constitute acceptance of the application. The treatment contract is only concluded as soon as the respective dermatologist has accepted the application.
- After acceptance of the application, the respective dermatologist immediately assesses the transmitted photographs, taking into account the information in the medical history form. Patients receive a push notification as soon as the treatment report has been created or there are any queries. Updates on the treatment status, in particular the findings, can be accessed via the app or web app. Registration with the identification data is required for this.
- The contracting parties of the treatment contract are the patient and the respective dermatologist. The actual implementation of the treatment contract is the sole responsibility of the dermatologist(s) working for the patient.
- The obligations arising from the treatment contract are to be fulfilled exclusively by the dermatologist in question. In the event of a breach of contractual obligations under the treatment contract, the respective dermatologist shall be liable.
- If medical aftercare is required as part of the treatment, this will be carried out on behalf of the respective dermatologist by medical professionals from SkinTech Corp. In this case, the medically trained personnel will contact the patient via the app or by phone.
- SkinTech Corp. GmbH agrees to forward any inquiries or complaints from patients or dermatologists to the appropriate party.
Prices and payment processing
- Payment for the dermatologist's consultation services is based on the current version of the German Fee Schedule for Physicians (GOÄ).
- Patients are informed about the amount of payment before using the teledermatological consultation in the app or via the webapp.
- The patient owes the remuneration, regardless of whether reimbursement of the costs is possible via private or statutory health insurers or other cost bearers.
- SkinTech Corp. GmbH is authorized and entitled to process the payment on behalf of the respective dermatologist. For this purpose, the respective dermatologist assigns his/her payment claims from the treatment contracts of the teledermatological consultation to SkinTech Corp. GmbH by way of an assignment of claims. The liquidation will be prepared by SkinTech Corp. GmbH individually according to the information provided by the dermatologist of the respective dermatologist. The respective dermatologist, as the contractual partner of the patient, remains solely responsible for the correctness of this invoicing and the amount of the fee.
- By concluding the teledermatological treatment contract, the patient agrees to the assignment of the payment claim arising from the treatment contract to SkinTech Corp.
- SkinTech Corp. GmbH undertakes to process the personal information in a data protection compliant manner.
- SkinTech Corp. GmbH participates in the following payment methods:
- Credit card
- Apple Pay
The payment can be made exclusively via the mentioned payment methods.
- In the event of payment by credit card, the terms of payment and use of the respective credit card provider shall apply in detail.
- If the patient chooses to pay using Google Pay, the Terms of Service, available at https://support.google.com/pay/answer/7020860?hl=de, apply.
- Right of withdrawal for consumers
If the users are consumers in the sense of § 13 BGB, the following right of withdrawal applies.
3.1 Right of revocation
The user has the right to revoke the concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
If the User has purchased a paid service from SQIN App via an App Store, the revocation provisions of the respective App Store shall apply.
In order to comply with the withdrawal period, it is sufficient that the user sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3.2 Consequences of revocation
If the User revokes a contract with the Provider, the Provider shall repay to the User all payments received from the User without undue delay and no later than within fourteen days from the day on which the Provider received the notification of revocation of the contract. For this repayment, the Provider shall use the same means of payment that the User used for the original transaction, unless expressly agreed otherwise with the User; in no case shall the User be charged any fees due to this repayment.
If the User requests that the services begin during the withdrawal period, the User shall pay the Provider a reasonable amount corresponding to the proportion of the services already provided up to the time the User notifies the Provider of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
END OF THE CANCELLATION POLICY
Sample withdrawal form
(If the user wants to withdraw from the contract, he creates an e-mail with the following content and sends it to the provider)
SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany,
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service () Ordered on (/received on) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only in case of notification in paper form) Date (*) Delete as applicable
- Rights and obligations of the user
The SQIN apps, the services and content available via them 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 SQIN Apps 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 SQIN Apps may be restricted to persons who meet certain requirements (e.g. age of majority). The user must 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 SQIN Apps and their services, the User must comply with 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 SQIN apps as well as on the website and thus for all content and data he publishes within the scope 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, discriminatory, 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 any 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 http://www.sqin.co or the SQIN apps. 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 exercises presented within the services of SQIN Apps are designed for averagely healthy, physically and mentally resilient users. The user performs the exercises at his or her 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 SQIN Apps is at the User's own risk. The services and benefits provided herein do not constitute medical or physician's advice and cannot be used as a substitute for medical examination or treatment. Minors may only use the services of the SQIN App 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 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.
- SkinTech Corp. GmbH shall be liable in accordance with the statutory provisions only in case of intent or negligence in culpable violation of essential contractual obligations.
- In the event of negligence, liability shall exist 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.
- SkinTech Corp. GmbH is not liable for any damages in connection with the execution of the treatment 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.
- The respective dermatologist shall be liable for any damages arising from the effectively concluded treatment contract in accordance with the statutory provisions.
- No guarantee
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.
- 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.
- Term of contract, termination, repayment
Insofar as the subject of the user agreement is free services, the user agreement 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 firstname.lastname@example.org. 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 SQIN Apps offer chargeable services. Unless otherwise stated in the respective offer, the usage contract for the respective paid service initially runs for the booked minimum usage period. Thereafter, the usage contract is extended in each case by the duration of the booked minimum usage period if it is not terminated by the user or the provider before the end 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. Cancellation of the paid service can take place if the purchase was made via an app store, as described in the respective app store in the subscription management. If the subscription was purchased via www.sqin.cooderanother platform operated by SQIN Apps, the cancellation must be made by e-mail to email@example.com or by mail (SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany); in case of cancellation by the provider to the e-mail 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 will be promptly deleted from the SQIN database, unless they are required beyond the termination of the contractual relationship for the proof of an illegal act of the user.
- Possibility to save and view the text of the contract
These General Terms and Conditions can be viewed at https://sqin.co . 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 relevant browser software if he requires 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 SQIN apps. Alternatively, he can print or save the automatic order confirmation that the user receives after completing an order.
- 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 .
- 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 - unless otherwise contractually obliged - entitled at any time to change or remove the content, services and functionalities provided within the SQIN Apps 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.
- Data protection
Status: May 2023