Terms and Conditions

Please read all these terms and conditions.

Map My Mole is a mobile application allowing end-users to photograph a mole using a specialist screening tool and to seek an indicative opinion from a dermatologist (the “App”).

These terms and conditions apply when you download, accessor use the App. By downloading the App you agree to these terms. If you do not agree to these terms do not download the App.

You should read these terms in full before downloading the App, but we draw your attention to the following key terms in particular:

• You don’t have to sign these terms, they will apply automatically when you download the App.

• We need to process your personal data as part of offering the App and our services to you. Please read our privacy policy carefully.

• We do not provide medical diagnoses or professional medical advice and we cannot guarantee the accuracy of any services or information provided by us.

• You are responsible for ensuring that any images provided by you to us are of sufficient quality to allow us to perform our services.

• We will aim to review your images within 48 hours of submission but this is an estimate only and we cannot guarantee that this will always be the case.

• Our liability is capped at the value of any amounts you have paid to us for our services. We do not offer any warranties further than those implied by law.

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App Store/Google Play terms also apply

The ways in which you can use the App may also be controlled by the App Store’s/Google Play's (depending on where you downloaded the App) rules and policies and you should read them carefully.

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Who we are

The App is owned and the services are provided by Community Dermatology Limited (“Map My Mole”, “we”, “us” and “our”), registered in England & Wales under company number14617201 whose registered office is at C/O Lowe Henwood, 12 Mannamead Road,Plymouth, England, PL4 7AA.

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Licence to use the App and Lens

Map My Mole gives you a licence to use the App and any updates, fixes or supplements to it, and the complimentary lens attachment that will be supplied to you separately (“Lens”),in each case as permitted in these terms and conditions.

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Services

Map My Mole offers the following services (“Services”) which you can access through the App:

• Reviewing dermoscope images you’ve taken using the Lens and submitted to us through the App.

• Providing a report giving you an indicative opinion based on the review of dermoscope images you have submitted, to help you decide whether you need onward referral for moles you are concerned with.

• The content and information we provide to you through the App.

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PLEASE NOTE THAT THE APP AND/OR SERVICES DO NOT REPLACE A MEDICAL PROFESSIONAL’S ADVICE

Map My Mole does not provide diagnoses for any medical conditions (including but not limited to melanoma or skin cancer) and is not intended to replace an assessment from a qualified medical practitioner.

The App is intended to provide you with a way to get an indicative opinion from a dermatologist based on photographs you have submitted to them through the App, to help you decide whether you need onward referral for moles you are concerned with. Please note that it is not possible to diagnose any cancer from images and a formal diagnosis requires a biopsy(sample removed under anaesthetic) and histological assessment. However, our consultant dermatologists can help identify a suspicious mole that might need further investigation such as a biopsy.

You are responsible for following the instructions within the App and for ensuring that any images provided by you to us are of sufficient quality to allow us to perform the Services. Any opinion that you receive from us may not be accurate if the images you’ve submitted are unclear or not of sufficient quality.

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Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy (available through the App Store/Google Play (depending on where you downloaded the App) and our website) and it is important that you read that information carefully.

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Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at our website https://www.mapmymole.com.

Contacting us (including with complaints).If you believe theApp, Lens orServices are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@mapmymole.com.

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What you are permitted to use the App for

In return for your agreeing to comply with these terms you are permitted to:

• download or stream a copy of the App onto your mobile phone and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App andLens with family members and friends in accordance with the rules set out below;
• use any Lens to support your permitted use of the App and the Service; and
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

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You must be 18 to accept these terms and download the App

You must be 18 or over to accept these terms, download the App and/or use the Lens and Services.  

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You may share the App and theLens with family members and friends

The App has a feature which allows you (as the account holder) to complete questionnaires and submit a mole for a family member or a friend on their behalf. For example, you can use the App and your Lens to submit a mole on a child or an elderly parent who does not have their own account. If you do so, you are responsible for ensuring they (or their parent or legal guardian if you are submitting mole images on behalf of a child who you are not the parent or legal guardian of) consent to you taking an image of their mole and submitting it to us.

You may also lend your Lens to someone who already has an App. For example, you can lend the Lens to a friend or a neighbour who can use the Lens to take images of their mole on their own phone and submit the images to us through their own account.

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You may not transfer the App to someone else

We are giving you personally the right to use the App, Lens and Services as set out above. Except for the sharing rights set out above, you may not otherwise transfer the App, Lens or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

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Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will aim to give you at least 10 days’ notice of any change by sending you an email or a notification through the App with details of the change, unless we have a good reason to make the changes on a shorter notice.

If you do not accept the notified changes you should stop using the App and the Services. If you continue using the App and/or Services after we’ve notified you of changes, you will be deemed to have accepted the updated terms.

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Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Sometimes, we may ask you to update the App for these reasons.

Please note that if you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

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Licence restrictions

You agree that you will:

• except in the course of permitted sharing (see “You may share the App and the Lens with family members and friends” above) not rent, lease, sub-license, loan, provide, or otherwise make available, the App, Lens or Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App, Lens or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Lens or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright,Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the PermittedObjective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for thePermitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Services.

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Acceptable use restrictions

You must:

• not use the App, Lens or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App, Lens or Services;
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Services;
• not use the App or Services in away that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

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Acceptable use restrictions

All intellectual property rights in the App, Lens andServices throughout the world belong to us or our licensors and the rights in the App, Lens and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, Lens or Services other than the right to use them in accordance with these terms.

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Our responsibility for loss or damage suffered by you

• Our total liability is limited to the amount (if any) that you have paid to us. Subject to the other provisions in this section, our total liability to you under or in connection with these terms, the App, the Lens and/or the Services (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused will in no circumstances exceed any charges actually paid directly by you to us.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
• We are not liable for business losses. The App is intended for domestic and private use only. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• Limitations to the App and the Services. The App and the Services are provided for general information purposes only. Please seek the advice of a medical professional if you are concerned about your health. Always consult your GP or another medical professional if you have any questions regarding your health. You should never disregard your GP’s or another medical professional’s advice or cancel an appointment with your GP or another medical professional because of information you have received from us through the App or Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
• We are not responsible for events outside our control. If our provision of theServices or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for anyServices you have paid for but not received.
• Target delivery times are estimates only and time is not of the essence. We will aim to review your images within 48 hours of submission but this is an estimate only and we cannot guarantee that this will always be the case. Time is not of the essence of these terms and you do not have the right to cancel our agreement or to get a refund if we do not submit a report within the target timescales indicated to you.
• We are not responsible to any damage to your property. In order to submit an image of a skin lesion or mole to us, you will need to clip the Lens to your smartphone. You are responsible for doing this carefully, and in accordance with the instructions given to you through the App. We are not responsible for any damage that may be caused in the process, for example if you scratch theLens or your phone when attaching the Lens, or if you drop your phone when attaching the Lens or while taking a photograph of your skin lesion or mole.

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We are not responsible for other websites we link to

The App or Services may contain links to other independent websites (for example, the NHS website) which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

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We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App, Lens and Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• You must send the Lens back to us in safe packaging and using a tracked delivery method.

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We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of ThirdParties) Act 1999 to enforce any term of this agreement.

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If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.