Terms of Service AUTODERM®

1. The Terms

1. General; Acceptance of Terms

Welcome to AUTODERM (“Service”), which is a dermatology analytics engine using artificial intelligence (AI) and is owned by Autoderm Inc 

1. The Service
   1. AUTODERM is an analytics engine (search engine). Version 2.0 44 different skin disease classes and version 2.1 68 skin disease classes.
   2. The Service is for informational and educational purposes to allow End users to upload images of skin conditions, seeking information.
   3. EMERGENCY QUESTIONS AND CRISIS SITUATIONS should be directed immediately by telephone or in person to qualified professionals (e.g. call your local emergency number). The Service is not the appropriate venue to deal with such situations.
   4. The Service permits users to upload images of skin conditions privately to receive 5 answers ranked in order of possibility and can be read on an interface. 
   5. End users’ uploaded images are received and stored as anonymous images; they are not associated with any identifying information regarding the end user.
   6. By using the Service in any way, you are agreeing to comply with and be bound by this Agreement and the Privacy Policy, as applicable (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Service or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, or if you are under the age of thirteen (13), do not use the Service. Please review all of the Terms carefully before using the Service.
   7. By using the Service, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts,
   8. THE SERVICE DOES NOT PROVIDE HEALTH CARE SERVICES OR SERVE AS A COMMUNICATIONS CONDUIT FOR HEALTH CARE SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER. IF YOU REQUIRE NON-EMERGENCY MEDICAL SERVICES, CONTACT YOUR REGULAR HEALTH CARE PROVIDER.
2. Definitions
   1. In the Terms, “User,” “you” and “your” refer to the individual or entity that uses the Service (End user). “AUTODERM,” “we,” “us” and “our” refer to AUTODERM. “End user” refers to the person who uploads an image to the Service. 
3. Intended purpose and intended end users

AUTODERM is provided as an API to a third party. The third party integrates the API into their platform via an interface to give the end user access to the AI model. The intended purpose and End user is on different skin disease classes, which represents the 90% most common skin diseases.

1. Patient population (gender, age, ethnicity, layman)
   1. Any gender.
   2. Any age.
   3. Any ethnicity.
   4. Any language.
   5. Layman.
   6. Healthcare workers.
2. Indications – End user
   1. Healthcare worker: decision support tool (DST) on skin diseases that provides clinicians and staff to enhance decision-making in the clinical workflow.
   2. The layman (patient): A skin analytics tool on skin diseases to be used as a search engine on skin disease to help find the right information for the possible skin disease.
3. Intended user (who should use it)
   1. Any person that wants inforamtional guidance on a visual skin concern.
4. How to use it
   1. For the best output: take a focused picture with any smartphone of any visual skin lesion anywhere on the body that the AI model has been trained for, in good lighting and no interference of the area that will be analyzed. The user should refrain from drawing on the picture, have markings, or any objects in the picture. A clear monomized background is also preferred. There are no specific requirements, a dermatoscope attachment is optional and can be used for pigmented lesions, but is not necessary.
5. Precautions of use 
   1. To get a good answer any skin disease that the AI model has been trained on should be used. 
   2. One skin disease should be in the image.
   3. Try and include an image that best describes the disease. There are no specification distance measures. But should represent how a doctor would look at a skin lesion in order to make a sound judgement.
   4. No skin contact.
6. Algorithm claims
   1. Performance claims if used as intended
      1. Technical assessment: Time for results within 2 seconds. Average is 1 second. Top 5 list of skin diseases are ranked in order. Metrics for top 1 result separated by class. Overall accuracy = 0.3059. Metrics from top 5 results separated by class. So if the correct result was between the top 5 predictions it gets marked as “correct”. Overall accuracy = 0.67077.
      2. In house clinical tests: Top 3 results about 75% accuracy and top 5 at 95% accuracy.
7. Benefit claims
   1. Help find a skin disease instantly, which increases the quality of care and enhances health outcomes. Improved efficiency, cost-benefit, and provider and patient satisfaction.
8. Non-clinical benefits
   1. For many of the skin diseases the End user can be guided to self-treatment with prescription free over the counter (OTC) medication.
9. Disclaimer
   1. Healthcare worker: The results should be used as a decision support tool on skin diseases. The healthcare worker makes the final judgement on diagnosis and follows up the patient with care, which can include communication and a treatment plan. The AI model is not a self diagnostic tool.
   2. Layman (patient): The results should be interpreted as how they treat results when using an internet search engine or an online symptom checker. It is not a final verified diagnosis.
10. Risks and side effect
    1. There are no considerable risks if used as described above. However with any medical tool, if the skin disease does not improve or worsens over time, then the healthcare worker should either see the patient again, or the layman should seek a doctor in person.

1. Use of the Service
   1. Restricted Activities. You agree that any content you provide on the Service and your use of our Service shall not: (a) infringe any third party’s proprietary rights or rights of publicity or privacy; (b) be illegal or violate any law, statute, ordinance, regulation or ethical code; (c) be competitive with Autoderm or the Service; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) 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; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
2. Charges
   1. Any charges by the end user are regulated by the Third party vendor.
3. Legal Statements
   1. Release
      1. Users are responsible for their uploaded image(s). Because the Autoderm Service is a venue, in the event that you have a dispute with one or more Users, you release Autoderm (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assignees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 
   2. Proprietary Rights to Content
      1. You acknowledge that Autoderm and its licensors and suppliers own the rights to the Service. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Autoderm, Users, or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. 
      2. You grant to Autoderm a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works from, content that you have uploaded, in any media now known or not currently known. This licensed right may be exercised in order to provide the Service and for other purposes. 
   3. No Endorsement of Non- Autoderm Entity; No Relationship with Users
      1. Autoderm may endeavor to offer to its Users products and services offered by non-Autoderm entities. Placement of information, logos, links or names of such non-Autoderm entities on the Service does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold Autoderm harmless from any liability arising from such actions. 
4. Right to Modify Terms
   1. Autoderm may modify any of the Terms at any time by posting them on the Service. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Service. The latest Terms will be posted on the Service, and you should always review them prior to using the Service. 
5. Exclusion of Warranties
   1. AUTODERM SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL AUTODERM 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.
6. Limitation of Liability
   1. IN NO EVENT SHALL AUTODERM, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
7. Indemnification
   1. You agree to indemnify and hold Autoderm, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of the Service.
8. Agreement; Assignment; Miscellaneous
   1. 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. Autoderm’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Autoderm’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.
   2. You agree that Autoderm 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. Autoderm 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 Autoderm. No delay or omission on the part of Autoderm 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.

 

Revision Date

December 7th 2023

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Autoderm Privacy & Security Policy AUTODERM API

Autoderm is committed to protecting your personal information and privacy. This Privacy & Security Policy applies to the service provided via the “Service”. AUTODERM is an API to our artificial intelligence (AI) algorithm. This policy describes the personal information we collect from you and how we use and secure it. “Personally Identifiable Information” or “PII” means information that can be used to identify you personally, such from the photograph with unique identifying features, etc.

Capitalized terms not defined in this Privacy & Security Policy will have the meanings set forth in the Terms of Service.

1. Information We Collect

If you choose to provide us with your PII by using the Service, you are agreeing to the processing and storage of your information on Microsoft cloud servers which may have data protection laws that differ from laws in your country.

Information collected by Autoderm consists of the following, and constitutes a “Case” and applies to the service provided via the AUTODERM API.

• One image of the user’s skin condition. These images are generally non-identifiable but may be identifiable if the user submits images of the face, rare birthmark, or identifying tattoo. We encourage users to submit images that are regarded as having no identifying features.

• The top 5 ranking answers of the image submitted

1. The Service is intended for use by persons over 13 years old. In addition, it does not knowingly solicit or collect PII from persons under 13 years old. 
2. Non-Personally Identifiable Information
   1. We also collect non-personally identifiable information about visitors’ web referring URLs activity (what internet platform the visitor came from) and what URLs they pressed.
3. Use of Your Information
   1. Autoderm may use, share, transfer, or disclose your PII and/or usage statistics, itself or in conjunction with third parties, for research, and to tailor Autoderm’s content and services to its users’ needs. These third parties are authorized to use your PII only as necessary for the purpose(s) of Autoderm’s agreements with them.
   2. Autoderm may share your PII with any parent company, subsidiaries, joint ventures, or other companies under common control, in which event it will require that such companies follow this Policy with respect to your PII. 
4. Correspondence Sent to You
   1. Autoderm do not send you any unsolicited information, including e-mail.
5. Deleting PII
   1. Your case is unidentifiable and no tracking/ case numbers are given. Your PII is only a database number and is not possible to automatically find it. We can only do that manually with a copy of the image you uploaded, and that is not feasible, because of time.
6. Links to Third-Party Sites
   1. To the extent that links to other websites are contained in the answers given by the Service, please note that they are not operated or controlled by Autoderm and Autoderm is not responsible for the privacy practices, security, or content of these third-party sites. We encourage you to carefully read the privacy policy of any website you visit.
7. Security and Data Retention
   1. Autoderm uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure users’ PII.
   2. All PII is password protected. All passwords use encryption.
   3. Our main servers are hosted by a third party provider in a private and secure environment.
   4. Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, Autoderm cannot guarantee the security of your PII or any other information provided over the Internet and will not be responsible for breaches of security.
8. Updates to This Policy
   1. By using the Service, you are accepting this policy. We may update this privacy policy to reflect changes to our information practices. Please check the date of this policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this policy, please do not use this Service.
   2. If we make any material changes to how your PII is used or shared, we will notify our users by posting an announcement on our company blog  www.autoderm.ai by way of a notice on the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
9. Our Commitment to Children’s Privacy
   1. Autoderm is particularly concerned with safeguarding the privacy of children. The Service is not directed to children under 13, and children under 13 are prohibited from using the Service. We do not knowingly collect PII from children under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MAY NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. A parent or guardian may submit a Case of a child under 13.

Revision Date:

December 7th 2023

How to contact us

If you have any questions regarding this Notice or if you need to request access to or update, you can do so by contacting [email protected] or by regular mail addressed to:

 

Autoderm Inc

Attn: CEO

Autoderm Inc
Alexander Börve
2991 Sacramento St
Unit #183
Berkeley, CA 94702

USA