TERMS OF USE FOR THE ESKINHEALTH
These Terms of Use for eSkinHealth ("Terms of Use") shall apply to the use of the eSkinHealth application ("eSkinHealth") on any platform or device. These Terms of Use form a legally binding agreement between Dr. Rie Yotsu, a health care professional (the "Licensor"), and any person who accesses or uses the eSkinHealth or all or any part of its functions except for Super Users as defined below ("you."). Please ensure to carefully read, and agree to, these Terms of Use prior to accessing and using eSkinHealth. Super Users are authorized by the Licensor to manage and operate eSkinHealth and conduct necessary activities including issuing a user account ID and a password to the eSkinHealth users listed in Appendix 1 and process all patient data stored in eSkinHealth.
1. Terms of Use of eSkinHealth
The eSkinHealth shall be provided when you agree to the Terms of Use, and you are
deemed to have so agreed when you use or access the eSkinHealth.
If you do not agree
to all the provisions of the most recent Terms of Use, you will be unable to access
or use the eSkinHealth.
The Licensor may amend the Terms of Use at its sole
discretion. You will be notified of any such amendment by e-mail or other appropriate means.
Any amendment will become effective from the time the Licensor gives notice thereof.
Please check the Terms of Use regularly for any amendments.
By continuing to use or access the eSkinHealth after an amendment,
you are deemed to have agreed to the amended Terms of Use.
It is your responsibility to obtain necessary devices in order to fully utilize all the functions of the eSkinHealth.
The eSkinHealth may not function properly if the necessary ancillary applications, firmware,
and software updates for the eSkinHealth, are not installed to your device.
You must pay all fees charged by your mobile carrier or Internet service providers in connection with the use of the eSkinHealth.
2. Protection of Personal Information
You acknowledge that you are inputting into eSkinHealth and/or accessing patient personal information,
including patient health information which is generally categorized as sensitive information under data protection laws,
and therefore, you must take the highest care when processing such information.
Wherever practicable in connection with the purpose for which you are inputting into eSkinHealth and/or accessing information
that relates to patients (or otherwise where required by applicable laws)
you shall (in order of preference) anonymize or pseudonymize patient personal information.
Both you and the Licensor will comply with all obligations under applicable data protection laws relating to your respective
inputting into eSkinHealth and/or accessing patient personal information. Without prejudice to the generality of the foregoing,
you shall not process patient personal information for any purpose, or in any way, that is inconsistent
with the terms of the Informed Consent Form and any other privacy notice provided to patients in connection with the use of eSkinHealth.
If you become aware of any breach of security regarding patient personal information (including any breach notifiable under applicable data protection laws)
you shall notify the Licensor without undue delay. Further, you will provide all reasonable co-operation and assistance requested by the Licensor,
or any other user, as is necessary to ensure compliance with applicable data protection laws.
3. You Accept Responsibility for Your Own Use
The eSkinHealth is intended for your own internal use, and you accept responsibility for your own use.
Notwithstanding any other provisions in these Terms of Use, the Licensor makes no representations,
warranties or commitments as to the accuracy, reliability or effectiveness of the eSkinHealth’s functions or services.
The eSkinHealth’s purpose is to share patient health data on the eSkinHealth so that health care professionals can diagnose
remotely based on the patient data uploaded to the eSkinHealth and utilize the uploaded patient data for research,
clinical trials and statistical analysis purposes. The eSkinHealth relies on the accuracy of the information you enter.
The Licensor therefore does not warrant complete accuracy in the data which the eSkinHealth provides.
Please note that the eSkinHealth itself is a data sharing platform and communication tools and not a medical device,
and does not have any function of diagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical state,
or any of their symptoms, in human beings or in animals. The eSkinHealth is not designed to restore, modify,
or correct the body structure of human beings or animals, or the functioning of the bodies of human beings or animals.
The eSkinHealth is not designed to diagnose pregnancy in human beings or animals.
4. Password and Security
You are granted a right to use a user account ID and a password issued by a Super User to log in to and use the eSkinHealth.
When a Super User issues a user account ID and a password to you, you agree to transmit accurate and complete information
and to update such information from time to time. If your information is suspected to be false, inaccurate, out-of-date or
incomplete, the Licensor or Super Users may, at its own discretion, require you to correct your registered information accordingly,
and may further refuse or cancel the registration of such information. The Licensor and Super Users shall not be liable for any disadvantages
or damages you have suffered due to false, inaccurate, out of date or incomplete information provided by you.
You are requested to keep the non-transferable password available only for personal use. In addition,
if you request the Super Users to send you your lost or forgotten user name or password, the Super Users may request you
to provide information to confirm your identity. You are responsible for protecting your user account information
and for all activities that occur in your password-protected user account. It is your responsibility to register and manage your registered information,
including your user account ID and password. You must not allow a third party to use your registered user account information,
nor lend, assign, trade, or change the holder of such information. You agree that you will promptly give notice of any unauthorized use of your password or user account,
or other identified or suspected security breaches, if any to the Licensor or the Super Users.
You agree that the Licensor or a Super User may send notices or other communications concerning the eSkinHealth by e-mail or other electronic means,
and that such notices and communications by electronic means are legally effective.
5. Limited License
The Licensor grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable
and revocable right to install and use the eSkinHealth in accordance with the Terms of Use.
Please see the attached Appendix 1 regarding the type of licenses. The eSkinHealth is the Licensor’s valuable intellectual property
and you shall not acquire any rights to the eSkinHealth other than those enabling you to use the eSkinHealth in accordance
with the Terms of Use. You are prohibited from doing any of the following with the eSkinHealth:
(a) copying, redistributing, publishing, reverse engineering, decompiling, disassembling, altering, translating, accessing or attempting to exploit its source code;
(b) selling, assigning, sublicensing, transferring, distributing, leasing, or subjecting it to a pledge or security interest;
(c) tracing, reproducing, copying, selling, reselling or exploiting it for commercial purposes;
(d) using it in any manner which would contravene the Terms of Use or any applicable laws.
6. Copyrights and Other Intellectual Property Rights
All contents and other materials provided in or through the eSkinHealth, including the trademark, service mark, product name,
images, sound, texts, software, designs and "look and feel" of the eSkinHealth are owned by, or licensed to, the Licensor,
and are protected by the Copyright Act, the Trademark Act and other applicable intellectual property-related laws.
If the eSkinHealth provides access to certain contents that you are entitled to share, the Licensor grants you a limited,
private, non-transferable, non-assignable, non-sublicensable and revocable license to share and privately use such specific contents,
provided that no change, deletion or alteration is made to the symbols representing the original, source attributes and ownership of,
and other rights in, such contents. Further, you are not entitled to republish, distribute, display, perform, transmit,
sell or otherwise exploit the contents of the eSkinHealth without the Licensor’s express written approval.
All rights not expressly granted to you under these Terms of Use shall be vested in the Licensor or third party licensors who have granted licenses to the Licensor.
7. Infringement of Copyrights and Other Intellectual Property Rights, Questions in relation to the ESKINHEALTH
If you believe that the eSkinHealth infringes any third party’s copyrights or other intellectual property rights or
if you have any questions regarding use of the eSkinHealth, please contact to the following contact details.
user_support@clover-i.org
8. Prohibited Acts
You agree to comply with all applicable laws. You further agree that you will not:
(a) upload, transmit, publish, e-mail or otherwise make available to the eSkinHealth any materials which:
(i) are false, inaccurate, misleading, deceptive, illegal, harmful, threatening, abusive, bullying, torturous,
libelous, vulgar, obscene or defamatory or invade others’ privacy;
(ii) infringe any third party’s intellectual property rights, other property rights, personality rights, portrait rights or privacy rights; or
(iii) contain any virus, worm, Trojan horse, time bomb, damaged file, or other software or program designed to block,
obstruct, intercept, deprive, destroy or restrict the functionality of the eSkinHealth, computer software or hardware or the eSkinHealth-related equipment;
(b) change, remove or alter the original source attributes or indications of proprietary rights and other rights of the eSkinHealth or its contents;
(c) impersonate any other person or entity or to misrepresent or otherwise imprecisely communicate your attributes;
(d) attempt to gain unauthorized access to others’ user accounts or information on or through the eSkinHealth regardless of means;
(e) use robots, scrapers, spiders or other automated devices or manual processes to monitor or copy the eSkinHealth or
its contents without the Licensor’s prior written express approval;
(f) carry out any acts which impose undue or excessive burden on the eSkinHealth;
(g) act in a way that would have legal ramifications for the Licensor or the Super Users, such as by causing the Licensor or
the Super Users to lose business partners, vendors or suppliers, or by causing those business partners, vendors or suppliers to lose business opportunities; or
(h) commit any act which results in the Licensor or the Super Users breaching any applicable laws, regulations, ordinances or rules or breach the Terms of Use.
9. Disclaimer
You accept responsibility for your use of the eSkinHealth, any device connected to it or any mobile device used in conjunction with it.
The eSkinHealth is provided on an "as is" basis. To the maximum extent permitted by applicable laws,
the Licensor and Super Users expressly disclaims any warranties of any kind, express or implied and without limitation,
including merchantability, rights, quiet enjoyment, fitness for a particular purpose and non-infringement to you.
Any advice or information, whether oral or written, obtained by you from or through the Licensor or the Super Users or
the eSkinHealth shall not be covered by warranties expressly made in this Terms of Use.
To the maximum extent permitted by applicable laws, the Licensor and the Super Users do not warrant to you that the eSkinHealth
meets your requirements and is accurate, complete, up-to-date, or timely, uninterrupted or safe in its operation, or error-free.
You shall be solely responsible for any damage to your devices, as well as data obtained through access to
or use of the eSkinHealth (including loss of data). The Licensor and the Super Users provide no warranty to you that
the eSkinHealth does not contain any defects, viruses, failures or hazardous components that could damage, or allow unauthorized access to, your devices or data.
To the maximum extent permitted by applicable laws, the Licensor and the Super Users shall not be liable for any loss
and damage caused or suspected to be caused to you, directly or indirectly, by the ESkinHealth, or information or
ideas contained therein or recommended or referenced thereby.
To the maximum extent permitted by applicable laws, the Licensor and the Super Users do not represent nor warrant to you
that the eSkinHealth is properly available for use in all geographic locations. It is your sole responsibility to comply with all applicable laws and
regulations, including export and import regulations without limitation, and you shall assume all liabilities arising from such conduct.
The Licensor may, at any time in its sole discretion, change, discontinue providing, terminate, or restrict access to, the eSkinHealth for any reason without notice.
10. Limitation of Liability for Damages
To the extent permitted by applicable laws, in no event shall the Licensor, the Super Users,
their subsidiaries and affiliates and each of its officers, directors, shareholders, employees, agents, representatives,
or their successors or assigns be liable, whether in contract, tort (including negligence and omission)
or otherwise, for direct, indirect, incidental, special, punitive or consequential damages arising out of the eSkinHealth,
its use, attempted use or unavailability, loss of data, or destruction of devices or other intangible property,
even if the Licensor or the Super Users have been advised of the possibility of such damages.
You agree that the Licensor and Super Users’ respective aggregate liability for all damages under these Terms of Use shall be up to JPY5,000,
no matter the claim or cause of action. The limitation of liability for damages shall apply even if the foregoing remedy fails to achieve its essential purpose.
11. Indemnification
You agree to discharge, indemnify and hold harmless the Licensor and the Super Users from and against all claims, damages,
costs and expenses (including reasonable attorneys' fees) arising in connection with:
(a) your access to, use, attempted use, unavailability or abuse of the eSkinHealth;
(b) your breach of the Terms of Use;
(c) your breach of any third party rights, including copyrights, proprietary rights or privacy rights; and
(d) any claims asserting that the exploitation of the eSkinHealth has caused damage to a third party.
12. Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the laws of Japan.
These Terms of Use are not subject to the United Nations Convention on Contracts for the International Sale of Goods.
You agree to submit any and all disputes arising in connection with
these Terms of Use (including disputes out of contract) to the exclusive jurisdiction of the Tokyo District Court at first instance.
13. Miscellaneous Provisions
If any provision of these Terms of Use is ruled to be invalid or unenforceable, such provision shall be severed from other valid provisions hereof.
The Licensor’s decision to release or waive liability for a given breach of the Terms of Use or default is in no way a representation
that the Licensor and the Super Users have released or waived liability for past breaches or defaults, nor that it will do so on future occasions.
Further, even if the Licensor fails to enforce strict performance of any provision of these Terms of Use,
the Licensor shall not be deemed to have waived its rights hereunder. You may be required to agree to additional terms for access to certain sections or
functions of the eSkinHealth. The Licensor shall be entitled, in its sole discretion, to transfer, assign, sublicense, or create a security interest in,
the eSkinHealth or all or any part of these Terms of Use to or for a third-party person or entity without obtaining consent or giving notice.
You shall not be entitled to assign, sublicense or transfer your rights and obligations under these Terms of Use in any way.
Headings do not affect the interpretation of these Terms of Use and are provided for convenience only.
01/01/2022
Appendix 1
Country users: Country users can access to patient data stored in eSkinHealth of patients located in his/her country.
District users: District users can access to patient data stored in eSkinHealth of patients located in his/her state.
Personnel of hospitals/clinics and related personnel: Personnel of hospitals/clinics and
related personnel can access to patient data stored in eSkinHealth of patients of his/her hospital.
Project users: Project users can access to patient data stored in eSkinHealth located in
states authorized by the Licensor regardless of the country.
