1.2 By accessing and using the Mobile Application you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
1.3 If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application. You acknowledge that this Agreement is a contract between you and ARTES ELECTRONICS PTE. LTD, even though it is electronic and is not physically signed by you, and it governs your use of Mobile Application.
1.4 If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Mobile Application.
1.5 Please accept that the Mobile Application and Device as such do not provide health care service or any medical emergency service.
1.6 The Mobile Application and Device cannot and should not substitute your regular health care provider.
1.7 The Mobile Application do not provide health care services or serve as a communications conduit for health care services.
2. The Mobile application and device
2.1 The Service allows you to take photos of skin and moles conditions, monitor and track over the time. Inform you about the health of skin and moles, provide you with the opportunity to assess the risk profile of your skin and moles.
2.2 Full Mobile Application functionality is only available with NOTA mole tracker device.
2.3 The NOTA mole tracker device is device to provide risk indication for the most common types of a specific spot on the skin based on bioimpedance. By using sensitive electrodes, device can measure tiny differences in bioimpedance in the skin and moles. As long as the cell contents are normal, service will show a "Green" zone: bioimpedance of mole have no difference with bioimpedance of a reference zone . When the zone turns "Red", this indicates anomalies and/or changes in your mole: bioimpedance of mole have a big difference with bioimpedance of a reference zone.
2.4 The Mobile Application provides a recommendation whether to visit a healthcare professional for further review, continue mole tracking or not to worry about this spot.
2.5 The Mobile Application does not offer any medical advice or diagnoses. We merely facilitate a possibility to self-monitor.
3. Use of the mobile application
3.1 You agree that any content you provide on the Mobile Application shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy including uploading images of skin and moles that you are not allowed to upload (c) 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.
4. Exclusion of Warranties and Liability
4.1. You are solely responsible for having a proper examination of your skin and moles. You accept that we do not offer advice on any possible skin and moles condition and do not render any possible or final diagnoses. If you self-monitor your skin, you are solely responsible for uploading images at the required intervals. Any reminder service offer by us is only offered for convenience for you and should not be relied upon.
4.2 Under no circumstances will Company be liable for any loss damage caused by a user's reliance on information obtained through the Service, from third parties or a link 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 user's sole risk
4.3 No advice or information, whether oral or written, obtained through or from the Mobile Application shall create any warranty.
5. Intellectual property rights
5.1 "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ARTES ELECTRONICS PTE. LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ARTES ELECTRONICS PTE. LTD. All trademarks, service marks, graphics and logos used in connection with the Mobile Application, are trademarks or registered trademarks of ARTES ELECTRONICS PTE. LTD or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application grants you no right or license to reproduce or otherwise use any of ARTES ELECTRONICS PTE. LTD or third party trademarks.
6. Dispute resolution
6.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
7. Changes and amendments
7.1 We reserve the right to modify this Agreement or its terms relating to the Mobile Application at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
8. Acceptance of these terms
8.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application.
9. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org