Terms and Conditions
April 15, 2020
1. General Provisions
1.1 Use of the Products and Services
The Scarletred® software platform and therewith related companion products (Scarletred® SKINPATCH) are developed and marketed by the Austrian Digital Health Company SCARLETRED in form of a class I medical device (the “Product”). The patented system runs via mobile app [Scarletred®VISION, Scarletred®TELEMED, Scarletred@eCOVID19] on smartphones and connects to SCARLETRED’s secured online platform, integrating remote data monitoring, data analysis and other Software as a Service tools (the “SaaS” or in short “Service”) tools. The award-winning Product fulfils international industrial quality and regulatory standards according to ISO13485. The Company provides Product and/or SaaS tools under the terms and conditions set forth in this agreement.
The term of this Agreement will begin upon usage of our Product and/or Service and will continue until you cease using the Product and/or Service unless a term is otherwise set forth in the registration. For those Products or Service subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.
(I) SCARLETRED reserves the right to refuse activation of a registered user for any reason and may suspend or terminate your access to the Product and Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that We determine in its discretion may have an adverse effect on the Company or its reputation. (II) You may terminate this Agreement for convenience upon written notice to SCARLETRED or its vendor or through the applicable cancellation process within 14 days after acceptance/activation of an additional Software as a Service level contract. (III) Upon termination, you will no longer have access to the Products and Service. In addition to termination, SCARLETRED reserves the right to pursue any and all remedies available to it.
1.5 Software as a Service
Software as a Service (SaaS) is our software delivery model in which the software is supplied to business partners on a subscription basis and is centrally hosted by SCARLETRED as a vendor. The individual subscriber does not pay for obtaining our software Product components itself; instead it works like a rental agreement, where additional Service can be obtained over an information network. Therefore, a set of SaaS variants for either non-commercial (medical/academic/private-research or other) or commercial (biopharma/cosmetics/medical company, clinical research organization or other) use are offered and can be requested via SCARLETRED. Besides assuring full system compatibility and real time data availability, our SaaS model enables very easy up/down scaling of the software application, which significantly reduces time and cost for the subscriber. The use of any of our mobile app software Product components is free of cost and takes place via the Apple® App Store and the Google® Play Store whose General Conditions of Use, over which SCARLETRED has no influence, apply.
1.6 Intellectual Property
1.8 Non-Confidential Information
Trademarks, Products and Service marks, graphics and logos used in connection with the Products and Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Products and Service are owned by SCARLETRED, its service providers or other third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Products and Service, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the Products and Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of SCARLETRED or the applicable owner.
1.11 Disclaimer and Limitation of Liability
The Products and Service are provided on an “as is” basis and use of the Products and Service is at your sole risk. SCARLETRED, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, third party content or that the Products or Service will be error-free or uninterrupted. No oral advice or written information given by SCARLETRED, its officers, directors, employees, agents, contractors, or third-party service providers will create a warranty. Except where prohibited by law or public policy, in no event will SCARLETRED, its officers, directors, employees, agents, contractors, or third-party service providers be liable for any (1) amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the Products and Service, including but not limited to reliance by you on any information obtained from the Products and Service, regardless of the form of action.
You agree to defend, indemnify, and hold SCARLETRED, its officers, directors, partners, employees, contractors, agents, licensors, suppliers and third party service vendors, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the Products and/or Service and third party medical devices.
The parties acknowledge that they have agreed that this agreement and all related documents be drawn up in the English or German language.
2. Product and Service Specific Provision
(i) Scarletred®VISION is an objective skin documentation and image analysis software platform. It is developed, registered and marketed by the Austrian Digital Health Company SCARLETRED in form of a CE class I medical device and distributed at present via SaaS mainly to Biopharma-, Cosmetics-, Medical- and Insurance companies as well as HCPs. The patented Product is mobile, runs via App on smartphones and connects to SCARLETRED’s secured online platform, integrating remote data monitoring, skin image-analysis and customizable service tools. The system enables to introduce an ICH-GCP conform digital process flow in clinical trials. (i) The Scarletred®TELEDERM mobile app and platform Service extension integrates additional peer to peer video streaming and teleconsultation channels for primary usage by HCPS, nurses and the patient itself. (i) The Scarletred®eCOVID19 mobile app for use by individuals. It allows to conduct an electronic self-check via a short questionnaire and to connect with HCPs for result validation. Besides providing recommendations for action, relevant contacts, and structured results, the purpose of the App is to optimize the information and personnel flow during epidemics and to assist isolated patients in home quarantine via medical and psychological teleconsultation services. All of our supplied Products full fill international leading data safety and product security standards and comply with the European General Data protection Regulation (GDPR),- the US Health Insurance Portability and Accountability Act (HIPAA), - and the Act on Protection of Personal Information (APP) in Japan. All our Product fulfils leading international industrial quality and regulatory standards according to ISO13485, a harmonized standard defining the requirements for a quality management system, where an organization needs to demonstrate its ability to provide medical devices and related Service that consistently meet customer and regulatory requirements.
SCARLETRED does NOT provide diagnostic Products or Service nor does the company provide treatment recommendations to you or any other users. The company and its Third-Party service vendors are NOT responsible for any health problems that may arise in connection with its Service.
During the term of this agreement and in connection with the SaaS terms, SCARLETRED grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Products and Service and any documentation made available to you by SCARLETRED solely for purposes of your personal use of the Products and/or Service in accordance with the terms of this Agreement. The Products and/or Service are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of any aspect of the Products and/or Service. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Products and/or Service. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Products and/or Service. Other than as expressly set forth in this Agreement, no license or other rights in or to the Products and/or Service are granted to you, and all such licenses and rights are hereby expressly reserved.
3.1 Information we collect
3.2 How we use your Information
3.4 How we keep your Information Secure
3.5 Right to acces and correct
3.7 Other Important Notices
3.8 Contact Information
SCARLETRED Holding GmbH
Media Quarter Marx 3.4
Maria Jacobi Gasse 1, 8th floor
1030 Vienna, Austria
Commercial registration number: FN 420719 f
Court of jurisdiction: Vienna (Austria)