
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 any domain referring thereto, the user agrees to the Terms and Conditions (hereinafter briefly referred to as “T&Cs”). If the user does not agree with the T&Cs, they must refrain from registering. These Terms and Conditions apply to all SQIN websites and apps. They also apply regardless of whether the use of SQIN services is free of charge or fee-based.
1. General Provisions
1.1.
The SQIN Apps relate to services provided by SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany (hereinafter referred to as the “Provider”). Further information about the SQIN Apps and SkinTech Corp. GmbH can be found in the imprint on the website and within the app.
1.2.
The subject of this agreement is the free, paid, or ad-supported use of the services offered by the Provider under the name SQIN via its website http://www.sqin.co, other SQIN websites, or through software applications (hereinafter referred to as “Services” or “Service”). If the user wishes to use a mobile app to access the Services, they can find information at http://www.sqin.co about whether the Provider offers a mobile app for their device or device operating system. If a Service requires payment, this will be clearly indicated.
1.3.
A Service can generally be used on all platforms or devices supported by SQIN. Restrictions, especially technical ones, can be found in the respective service description.
These Terms and Conditions of SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, represented by the Managing Director Mr. Martin Pentenrieder, registered at the Local Court Berlin Charlottenburg, HRB 225620 B (hereinafter: “Terms and Conditions” or “T&Cs”), 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 and to the use of the “SQIN” app and web app for the purpose of concluding a (remote) treatment agreement.
The joint responsible parties, SkinTech Corp. GmbH and the respective dermatologist, offer patients teledermatological consultations. The initial consultation as part of this teledermatological diagnosis does not require the physical presence of the patient with the respective dermatologist.
The dermatological consultation must be conducted in accordance with the provisions of Section 7 Paragraph 4 of the Model Professional Code for Physicians practicing in Germany. The consultation may only be conducted by the respective dermatologist responsible.
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Any differing, conflicting, or additional 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 own terms toward the joint responsible parties and the joint responsible parties do not expressly object to those terms.
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By using the services offered by SkinTech Corp. GmbH and the respective dermatologist, patients fully accept these Terms and Conditions without limitation.
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Patients must register before using the treatment services via the web app “sqin.co” or the “SQIN” app—after downloading it in advance. For the teledermatological consultation, patients take photographs of the skin areas to be examined, for example, with their smartphones. Additionally, patients must complete a medical history questionnaire. These photographs and the completed questionnaire are transmitted to SkinTech Corp. GmbH.
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The specialist consultation is provided by the respective dermatologist within approximately 24 hours after the photographs and questionnaire have been transmitted to SkinTech Corp. GmbH. For the teledermatological consultation, the photographs and completed questionnaire are shared with the treating dermatologist.
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In individual cases, treatment may be conducted exclusively remotely if the specialist diagnosis can be conclusively made based on the photographs and completed questionnaire, while maintaining the required medical diligence—particularly regarding the manner of examination, consultation, treatment, and documentation of the treatment process.
The treating dermatologists will inform the patients about the specifics of an exclusively remote treatment in such cases.
If the treating dermatologists consider a professional second opinion necessary for the specific treatment case, they shall consult the interdisciplinary expert panel of the respective dermatologist for advisory purposes.
If medical follow-up care is required, it will be carried out on behalf of the respective dermatologist by trained medical personnel. In this case, the medically trained staff will contact the patients via the app or by phone.
1.4.
No registration is required to use the services. The basic functions of SQIN Apps can initially be used without registration. Registration in the SQIN App can be done at a later time.
No sign-in is required to use the paid services. Registration can be completed at a later point. To register, the user must enter their email address and a password. During the registration process, the user will be asked to accept these Terms and Conditions and the Privacy Policy. After successful registration, a confirmation email will be sent, prompting the user to confirm the registration by clicking the “Confirm Account” button. After clicking the button, the user will be redirected to a website where the registration is finally confirmed. Only then is the registration process complete.
Alternatively, the user has the option to register using their Facebook account. In this case, the registration process is complete once the contact details of the respective Facebook account have been entered and the “Confirm” button has been clicked.
The user assures that all data provided during registration is complete and truthful. The contract for use between the user and the provider is only concluded upon electronic confirmation by the provider.
1.5.
By registering with SQIN Apps, the user accepts these Terms of Use for the use of the services. If the user accesses the services via the app and has downloaded SQIN Apps from a third-party app store, or accesses the content through an audio/video or assistant platform (e.g., Google Home), the respective terms and conditions of the app store or platform also apply; in the event of any conflicts, these Terms and Conditions shall take precedence.
1.6.
When downloading and using SQIN Apps, especially on foreign networks or abroad, the user may incur data transmission charges from their internet service provider.
1.7.
A prerequisite for using the services is that the user has reached the age of 18 and has full legal capacity. The services are exclusively intended for consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity. The use of SQIN Apps for commercial or other business purposes is expressly prohibited.
1.8.
Offer and Conclusion of Contract
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By using the app or web app "sqin.co" provided by SkinTech Corp. GmbH, a user agreement with the patients is concluded.
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The activities of the respective dermatologist are based on a treatment contract to be concluded between the patients and the respective dermatologist. SkinTech Corp. GmbH is authorized by the respective dermatologist to make the offer for concluding the treatment contract.
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The services offered by the respective dermatologist represent a non-binding and without obligation offer to conclude a contract. The contract is concluded if the patients have uploaded the photographs and submitted the completed medical history form, and the dermatologist confirms the conclusion of the treatment contract within 24 hours.
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The teledermatological consultation is carried out exclusively by the respective dermatologist.
1.9.
Obligations of SkinTech Corp. GmbH
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SkinTech Corp. GmbH has implemented appropriate technical and organizational measures to ensure the accessibility and usability of the app and the web app “SQIN.” To the extent that the availability of the app or web app depends on services provided by third parties (in particular telecommunications providers), SkinTech Corp. GmbH assumes no liability for availability. SkinTech Corp. GmbH does not guarantee successful access to the website or the app.
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SkinTech Corp. GmbH will continuously advance the technical development of the app and the web app “SQIN.” To maintain quality standards, it is necessary to perform regular maintenance on the app and the web app “SQIN.” SkinTech Corp. GmbH reserves the right to carry out such maintenance at any time, even if this temporarily interrupts access to the app and the web app “SQIN.” In such cases, patients are not entitled to claim damages.
1.10.
Obligations of the Patients
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The patients commit to providing truthful information both during registration and when using the app and the web app “SQIN.” They acknowledge that they are solely responsible for the completeness and accuracy of the information provided.
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Patients are prohibited from making statements or uploading content within the application that unlawfully infringe the rights of third parties. In case of a breach of this obligation, SkinTech Corp. GmbH is entitled to terminate the user agreement without notice, and the respective dermatologist is entitled to terminate the treatment contract without notice. Further rights remain reserved, especially claims for injunctive relief and damages. In the event of a breach, patients agree to indemnify SkinTech Corp. GmbH and/or the respective dermatologist against claims for damages and reimbursement of expenses made by third parties in connection with the breach. This indemnification obligation also includes the costs of legal defense for SkinTech Corp. GmbH and/or the respective dermatologist. Rights of SkinTech Corp. GmbH and/or the respective dermatologist that are not explicitly mentioned remain unaffected.
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Patients are prohibited from impairing or endangering the usability of the app and the web app “SQIN” through improper use.
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User data (password, etc.) must always be stored carefully and kept confidential. If unauthorized third parties gain knowledge of the login data, SkinTech Corp. GmbH must be informed immediately. In case of violations of this obligation, SkinTech Corp. GmbH is entitled to immediately block the patients’ access.
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Paid Services
2.1.
Some services of SQIN Apps are chargeable. The scope of included and user-accessible services depends on whether and which services are used free of charge or for a fee. When using the free services, 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 unlocked as part of a subscription. The SQIN Apps provide an overview of the available paid services, their fees, scope of services, limitations, and conditions. Payment of the fee entitles the user only to access the available or displayed services in the offer presentation. All mentioned fees include the applicable value-added tax.
2.2.
The individual steps for purchasing paid services are described within the app stores of third-party providers, the SQIN Apps, or on the website www.sqin.co. By placing an order, the user submits an offer. Simply pressing the order button does not yet 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 concluded. Acceptance can also be implied, especially by unlocking the paid services.
2.3.
The SQIN Apps offer the option to unlock all app content through a single payment. The SQIN Apps offer subscriptions with different minimum terms. By unlocking the paid content, the user obtains the right to use it permanently for their own non-commercial purposes on all devices connected to their app store account and compatible with it. Any further use—especially publication on the internet as well as unauthorized reproduction, distribution, or making content accessible via the internet, whether free of charge or for a fee—is not permitted. The same applies to copying the content, removing copyright notices and source references, as well as other edits or manipulations of the download. The granted usage rights are non-transferable and non-sublicensable and require full payment. Uses permitted under copyright law are not restricted.
The provider is entitled at any time to revise, update, or otherwise change the content if necessary for technical, legal, or content-related reasons.
The provider will make all purchased digital data available for download for a reasonable period. However, unlimited data backup and availability cannot be guaranteed. Therefore, the user should also save their downloads locally on connected devices. The user will be explicitly and in advance informed if the provider no longer makes the content available for download.
2.4.
The payment methods shown in the offer are accepted; the payment process is usually operated by corresponding service providers. These may include payment systems offered by the respective app store operators. To the extent that the respective service provider incorporates their own general terms and conditions (GTC) or terms of use in individual cases, these apply exclusively to the payment process. The user may need to have a user account with the service provider.
2.5.
The app store provider can influence the duration or renewal or offer of its paid services. Depending on the app store, paid services may expire at the end of the agreed term without requiring cancellation, or the contract term may be extended indefinitely or for a corresponding period. Details can be found in the app store's GTC or the respective offer presentation. The app store provides the option to cancel paid services via a corresponding menu item.
2.6.
If fees cannot be collected and the user is responsible for the event causing the failure of collection, they bear all resulting costs. If payments made are reversed or the user does not pay fees, SQIN is entitled to block the SQIN Apps entirely or restrict access to individual services.
2.7.
The provider may offer paid services to users free of charge for a limited time. Which users may participate in a trial offer is at the sole discretion of the provider. The provider may change the scope of the trial offer at any time or end the provision of a trial offer.
2.8.
The provider reserves the right to change its business model at any time and, for example, offer certain or all services only for a fee. The respective fees will be published in the SQIN Apps. It is up to the user to stop using the service or choose to continue using the service for a fee.
2.9.
Further claims due to default on payment remain reserved.
2.10.
The provider may employ persons active on the platform either voluntarily or for payment. These persons can act as coaches in groups or contact users to support and motivate them in using the app. These persons may also be involved in paid functions.
2.11.
Conducting the Teledermatological Consultation
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Patients must consent to the Terms and Conditions and the data processing associated with submitting the application by confirming the consent checkbox.
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Patients must provide the treating dermatologists with the information necessary to fulfill the treatment contract (name, first name, date of birth, biological sex, address, email address, and photographs of the skin condition) and complete a specified medical history form. The application guides patients through the request process.
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Patients then register in the app or web app by providing their email address and creating a password.
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By using the “Complete with payment” button, patients submit a legally binding offer to conclude a treatment contract for a paid teledermatological consultation with a dermatologist. Patients receive a notification in the app or web app confirming that their application has been received and is being processed.
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The receipt confirmation does not constitute acceptance of the application. The treatment contract is only concluded once the respective dermatologist has accepted the application.
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After accepting the application, the dermatologist immediately assesses the submitted photographs, taking into account the information provided in the medical history form. Patients receive a push notification once the treatment report has been created or if there are any follow-up questions. Updates on the treatment status, especially the diagnosis, can be accessed via the app or web app. Login credentials are required for this.
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The contracting parties of the treatment contract are the patient and the respective dermatologist. The actual performance of the treatment contract is carried out exclusively by the respective dermatologist.
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The obligations under the treatment contract must be fulfilled solely by the respective dermatologist. In the event of a breach of contractual duties arising from the treatment contract, the respective dermatologist is liable.
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If medical follow-up care is required as part of the treatment, it will be carried out on behalf of the respective dermatologist by medical professionals of SkinTech Corp. GmbH. In this case, the medically trained personnel will contact patients via the app or by phone.
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SkinTech Corp. GmbH undertakes to forward any inquiries or complaints from patients or dermatologists to the appropriate party.
2.12.
Prices and Payment Processing
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The remuneration for the dermatologists’ consultation services is based on the currently valid version of the Medical Fee Schedule (GOÄ).
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Patients are informed about the amount of the remuneration in the app or via the web app before using the teledermatological consultation.
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The patient owes the remuneration regardless of whether reimbursement by private or statutory health insurers or other cost bearers is possible.
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SkinTech Corp. GmbH is authorized and entitled to handle payment processing on behalf of the respective dermatologist. For this purpose, the respective dermatologist assigns their payment claims from the teledermatological treatment contracts to SkinTech Corp. GmbH by way of an assignment of claims. The billing is prepared individually by SkinTech Corp. GmbH based on the information provided by the dermatologists. The respective dermatologist remains solely responsible as the contracting party of the patients for the correctness of the invoicing and the amount of the fee.
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By concluding the teledermatological treatment contract, the patient agrees to the assignment of the payment claim from the treatment contract to SkinTech Corp. GmbH.
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SkinTech Corp. GmbH undertakes to process personal information in compliance with data protection regulations.
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SkinTech Corp. GmbH participates in the following payment methods:
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Credit Card
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PayPal
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Apple Pay
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Klarna
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Payment can only be made using the payment methods listed above.
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In the case of payment by credit card, the specific payment and usage conditions of the respective credit card provider apply.
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If the patient chooses a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal). The terms of use of this payment service provider apply and can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the patient does not have a so-called PayPal account, the payment terms available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply. If the patient chooses the option of PayPal direct debit, PayPal will collect the invoice amount once the patient has granted a SEPA direct debit mandate, but not before the advance notice period expires. If the direct debit cannot be processed due to insufficient funds or incorrect bank details, or if the patient objects to the debit without justification, they are responsible for any fees resulting from the chargeback by the respective financial institution if the patient is at fault.
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If the patient chooses the payment method “PayPal Invoice,” the payment claim is assigned to PayPal. Before accepting the assignment, PayPal conducts a credit check using the submitted patient data. PayPal reserves the right to refuse payment by invoice if the credit check is negative. If the payment method is approved, the invoice amount must be paid to PayPal within 30 days of receipt of the service, unless another payment term is specified. Payment that discharges the debt is only possible to PayPal. The terms of use for PayPal invoice purchase are available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
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If the patient chooses payment via Google Pay, the terms of use available at https://support.google.com/pay/answer/7020860?hl=de apply.
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If the patient chooses the option to pay via Apple Pay, the following terms of use apply: https://support.apple.com/de-de/HT201469.
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Right of Withdrawal for Consumers
If the users are consumers within the meaning of Section 13 of the German Civil Code (BGB), the following right of withdrawal applies.
RIGHT OF WITHDRAWAL INSTRUCTION
3.1 Right of Withdrawal
The user has the right to withdraw from the concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
If the user has purchased a paid service from the SQIN App via an app store, the withdrawal instructions of the respective app store apply.
To meet the withdrawal deadline, it is sufficient that the user sends the notification of exercising the right of withdrawal before the withdrawal period expires.
3.2 Effects of Withdrawal
If the user withdraws from a contract with the provider, the provider must refund all payments received from the user without delay and no later than fourteen days from the day the notification of withdrawal is received by the provider. For this refund, the provider uses the same payment method that the user used for the original transaction unless explicitly agreed otherwise with the user; in no case will the user be charged fees for this refund.
If the user requests that the services begin during the withdrawal period, the user must pay the provider an appropriate amount corresponding to the proportion of services already provided up to the time the user informed the provider of the exercise of the right of withdrawal compared to the total scope of services in the contract.
END OF WITHDRAWAL INSTRUCTION
Sample Withdrawal Form
(If the user wants to withdraw from the contract, they create an email with the following content and send it to the provider)
To
SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany
Email: info@sqin.co
Hereby I/we () withdraw from the contract concluded by me/us () regarding 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 if this form is submitted on paper)
Date
(*) Delete as appropriate
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Rights and Obligations of the User
4.3.
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 protecting minors from harmful content.
4.4.
When using SQIN Apps and their services, the user must observe contractual agreements with third parties, especially with their internet service provider or the app store operator.
4.5.
The user bears sole responsibility for their actions within the SQIN Apps and on the website and thus for all content and data they publish within the services. The user commits to behaving according to our content and conduct guidelines. In particular, the user commits not to store, publish, transmit, or distribute racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, violent, or otherwise unlawful content, persons, or depictions. Furthermore, the user is expressly advised that the use of legally protected terms, names, images, videos, or other materials is prohibited. The user is also obliged to take appropriate measures to prevent unauthorized use of their data, especially passwords, by third parties. They must inform the provider immediately of any detected or suspected unauthorized use of their account.
4.5.
Der Nutzer trägt die alleinige Verantwortung für seine Handlungen in den SQIN Apps sowie auf der Website und somit für alle Inhalte und Daten, die er im Rahmen der Dienste veröffentlicht. Er verpflichtet sich, sich gemäß unseren Inhalts- und Verhaltensrichtlinien zu verhalten. Insbesondere verpflichtet er sich, keine rassistischen, beleidigenden, diskriminierenden, belästigenden, verleumderischen, sexuellen, pornografischen, gewaltverherrlichenden oder sonstigen rechtswidrigen Inhalte, Personen oder Darstellungen zu sichern, zu veröffentlichen, zu übermitteln oder zu verbreiten. Darüber hinaus wird der Nutzer ausdrücklich darauf hingewiesen, dass es verboten ist, rechtlich geschützte Begriffe, Namen, Bilder, Videos oder sonstige Materialien zu verwenden. Der Nutzer ist ferner verpflichtet, geeignete Maßnahmen zu treffen, um eine unbefugte Nutzung seiner Daten, insbesondere seiner Passwörter, durch Dritte zu verhindern. Er ist verpflichtet, den Anbieter unverzüglich über jede festgestellte oder vermutete unbefugte Nutzung seines Accounts zu informieren.
4.6.
The user commits not to intentionally represent third-party data (including email addresses) as their own. In particular, they commit not to provide credit card data or bank details of third parties with fraudulent intent. Furthermore, the user commits to comply with all applicable laws when registering, signing up, and using the services, the website http://www.sqin.co, or the SQIN Apps. The user commits to treat the chat function and messages confidentially and not to make them accessible or pass them on to third parties without the author’s consent. The same applies to names, phone and fax numbers, private email addresses, and/or URLs.
From a distance, the user commits not to misuse the services, in particular
not to distribute defamatory (e.g., slanderous), offensive, or otherwise illegal materials or information about them
not to use the services to threaten or harass other persons/users
not to violate the rights (including personal rights) of third parties
not to upload data containing viruses (infected software). Generally, not to upload software or other material protected by copyright unless the user has the rights or necessary consents—in which case the provider may require written proof
not to use the services in a way that impairs availability of the services for other users
not to intercept messages or attempt to do so
not to advertise other internet portals
not to write chat messages and send them to multiple people simultaneously
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Liability
5.1.
The exercises presented within the services of the SQIN Apps are designed for users who are generally healthy and physically and mentally resilient. The user performs the exercises at their own risk. If the user suffers from an illness such as diabetes, cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular disorders, has undergone surgeries, or has other health limitations, is pregnant or breastfeeding, or feels unwell, the provider advises the user to consult a doctor. Use of the SQIN Apps is at the user’s own risk. The services and offerings provided here do not constitute medical or professional advice and cannot replace a medical examination or treatment. Minors may only use the services of the SQIN App in consultation with and under supervision of their parents.
If there is medical or professional advice, the user will be directly informed.
5.2.
The provider is fully liable for intent and gross negligence. For simple negligence, the provider is liable only if its agents or legal representatives breach a duty that is essential to achieving the contractual purpose (so-called cardinal duty). In such cases, liability is limited to foreseeable damage and capped at the amount paid by the user for using the paid services and functions. The above limitation of liability does not apply to damages resulting from the absence of guaranteed characteristics, injury to life, body, or health, or claims under the Product Liability Act. Where the provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives and agents.
5.3.
The user agrees to indemnify the provider or its agents against all claims of third parties made in connection with a breach of the user’s obligations under these Terms and Conditions and/or applicable laws, and to cover all reasonable costs incurred by the provider, including legal defense costs, insofar as the user is responsible for the breach.
5.4.
Disclaimer of Liability
1. SkinTech Corp. GmbH is liable according to statutory provisions only in cases of intent or negligence in the culpable breach of essential contractual obligations.
2. In cases of negligence, liability exists only
• for damages resulting from injury to life, body, or health,
• for damages arising from a significant breach of an essential contractual obligation,
whereby in these cases the liability of SkinTech Corp. GmbH is limited to compensation for the foreseeable, typically occurring damage.
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SkinTech Corp. GmbH is not liable for any damages related to the execution of the treatment contract between the patients and the treating dermatologist. SkinTech Corp. GmbH is not responsible for the formation of a treatment contract and does not guarantee the conclusion of such a contract.
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For any damages arising from a validly concluded treatment contract, the respective dermatologist is liable in accordance with legal regulations.
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No Guarantee
The provider makes no representations or guarantees that the result desired by the user will be achieved through the use of the respective service. A specific success is not owed by the provider. Furthermore, the result is also influenced by factors beyond control, such as physical predispositions and conditions, so that the outcome may vary significantly among 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.
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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 or review this content.
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Contract Duration, Termination, Refund
8.1.
If the subject of the user agreement is free services, the user agreement can be terminated at any time. To do this, the user will find a corresponding account deletion function in their account settings on the website and in the app. Termination is also possible by mail (SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany) or by notification to the email address info@sqin.co. The provider may terminate the usage agreement without notice for cause if the user violates these Terms and Conditions. Termination of the usage agreement by the provider is communicated to the email address provided during registration. Furthermore, the provider reserves the right to reject the user’s registration without giving reasons.
8.2.
The SQIN Apps offer paid services. Unless otherwise specified in the respective offer, the user agreement for the paid service initially runs for the booked minimum usage period. After that, the user agreement automatically renews for the duration of the booked minimum usage period unless it is terminated by the user or the provider before the end of the renewal/minimum usage period with effect at the end of the respective period. The user may continue to use the services until the end of the respective period even after termination. Termination of the paid service can be done via the app store if the purchase was made through one; this is described in the subscription management of the respective app store. If the subscription was purchased via www.sqin.co or another platform operated by SQIN Apps, termination must be made by email to info@sqin.co or by mail (SkinTech Corp. GmbH, Zimmerstraße 50, 10117 Berlin, Germany); in case of termination by the provider, to the email address provided by the user during registration.
8.3.
The right to extraordinary termination for cause remains unaffected. An important reason for the provider exists, in particular, if the user violates applicable law or essential contractual obligations. A prior warning is not required.
8.4.
In the event of termination of the user agreement by the user or by the provider, the refund of fees paid in advance is excluded unless the user terminates for an important reason attributable to the provider.
8.5.
After termination of the contractual relationship, all user data will be promptly deleted from the SQIN database, unless the data is required beyond the termination of the contractual relationship to prove an unlawful act of the user.
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Option to Save and Display the Contract Text
9.1
These Terms and Conditions can be viewed at https://sqin.co. If the user wishes to save these Terms and Conditions permanently on a data carrier, they can download them free of charge as a PDF file. The user should consult the instructions of their respective browser software if they need help saving the file. To open a PDF file, the user may need a special program such as the free Acrobat Reader or a similar program capable of handling PDF files.
9.2
The remaining contractual information and data can be viewed by the user in the SQIN Apps. Alternatively, the user can print or save the automatic order confirmation they receive after completing an order.
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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 ODR platform) at http://ec.europa.eu/consumers/odr.
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Final Provisions
11.1.
The provider strives to enable uninterrupted operation of the app and to keep it available as much as possible. However, it is noted that complete or uninterrupted availability is technically not feasible. Therefore, the provider does not guarantee uninterrupted operation or a specific level of availability. Furthermore, there is no entitlement to maintain individual functionalities of the app that are used free of charge. The provider is – unless otherwise contractually obligated – entitled at any time to change or remove content, services, and functionalities provided within the SQIN Apps, to provide new content, services, and functionalities, or to discontinue the further development of the app altogether. In this context, the provider also reserves the right to issue separate terms and conditions for new services or to offer and modify additional features free of charge.
11.2.
The current SQIN Apps Terms and Conditions, which are stored at the time of order, apply. The provider is entitled to change these Terms and Conditions at any time with effect for the future, provided this is necessary for objective reasons, especially due to changes in the law or supreme court rulings, changes in economic conditions, technical changes or developments, changes in market conditions, or other equivalent reasons, and provided the user is not unreasonably disadvantaged by this. Changes to the Terms and Conditions will be pointed out in an appropriate place in the offer or by email at least 14 days before the changes take effect. Each user has the right to object to the new Terms of Use.
11.3.
The provider is entitled at any time to commission 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.
11.4.
Deviating agreements between the provider and the user require text form to be effective; this also applies to waivers of the written form requirement.
11.5.
The place of jurisdiction is Berlin if the user has no residence or habitual place of abode in Germany or moves it there, or if the user is not a consumer within the meaning of Section 13 BGB. SQIN is also entitled to sue at the user’s general place of jurisdiction.
11.6.
German substantive law applies to the exclusion of the conflict of law rules.
11.7.
Should any provision of these Terms 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 most closely approximates the economic purpose of the invalid or unenforceable provision. The same applies in the case of a regulatory gap.
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Data Protection
Status: May 2023
The SQIN Privacy Policy is available at http://www.sqin.co/datenschutz and is part of this agreement.