Terms of Use

Effective date: September 21, 2026

These Terms of Use ("Terms") are an agreement between you and DermIntraOp ("we," "us," or "our"), the publisher of the DermIntraOp mobile application (the "App"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.

PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.

1. Eligibility

You must be at least 18 years old to use the App.

2. Educational and Reference Use Only; Not Medical Advice

The App provides general reference information drawn from published literature and clinical guidelines, including dosing calculations, staging references, appropriate use criteria, suture information, measurement tools, and billing code references. The App is intended for educational and reference purposes only.

• The App does not provide medical advice, diagnosis, or treatment, and it is not a substitute for independent professional judgment.
• Nothing in the App creates a doctor–patient or other professional relationship.
• All outputs are estimates based on the information you enter. You are solely responsible for verifying every result, including doses, codes, and measurements, against current authoritative sources and the individual circumstances of each patient before relying on it.
• Guidelines, dosing recommendations, and coding rules change over time. The App may not reflect the most current information.
• Measurements produced by the Photo Measurement tool depend on image quality, camera angle, and calibration, and may be inaccurate.
• Billing and coding references are provided for convenience only and are not coding, billing, reimbursement, or legal advice. Payer rules vary. You are responsible for the accuracy of any claim you submit.

3. No Protected Health Information

The App is not designed to store protected health information. You agree not to enter patient names, dates of birth, medical record numbers, or any other information that identifies a patient into the App, including notes and labels. You are solely responsible for any information you enter and for complying with laws that apply to you, including HIPAA.

4. Your Content

Any notes, labels, or other information you enter ("Your Content") is stored only on your device. We do not receive, review, host, or share Your Content, and we are not responsible for it. You are solely responsible for Your Content and for any consequences of entering, keeping, or deleting it.

5. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may not copy, modify, reverse engineer, redistribute, sell, or create derivative works from the App, except as permitted by law.

6. Intellectual Property and Third-Party Materials

The App, including its design, text, graphics, and code, is owned by us and protected by intellectual property laws. The App references published guidelines, criteria, and classification systems developed by third parties, such as professional societies and clinical organizations. These are cited for reference only. We are not affiliated with, sponsored by, or endorsed by any of these organizations, and all trademarks belong to their respective owners. CPT® is a registered trademark of the American Medical Association.

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR ITS CONTENT IS ACCURATE, CURRENT, OR ERROR-FREE, OR THAT THE APP WILL BE UNINTERRUPTED. YOUR USE OF THE APP IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, PATIENT HARM, LOSS OF DATA, LOSS OF REVENUE, CLAIM DENIALS, OR AUDIT FINDINGS, ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP OR FIFTY U.S. DOLLARS (US $50). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the App, Your Content, or your violation of these Terms or any law.

10. Dispute Resolution and Arbitration

Informal resolution. Before starting any claim, you agree to contact us at the email below and try in good faith to resolve the dispute informally for at least 30 days.

Binding arbitration. If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the State of Florida or, at your choice, by video conference or written submissions. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Class action waiver. You and we agree that claims may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Jury trial waiver. You and we waive any right to a jury trial.

Opt-out. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable, then the entirety of this arbitration section will be void, and disputes will be resolved in the state or federal courts located in the State of Florida.

11. Governing Law

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules.

12. Apple App Store Terms

You and we acknowledge that:

• These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims under consumer protection, privacy, or similar laws.
• In the event of any third-party claim that the App infringes intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

13. Termination

You may stop using the App at any time by deleting it. We may suspend or end your license if you violate these Terms. Sections 2 through 4 and 6 through 14 survive termination.

14. Changes and General Terms

We may update these Terms. If we make material changes, we will update the effective date and may ask you to accept the updated Terms in the App. Continued use after changes means you accept them. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App.

Contact

DermIntraOp
Florida, United States
Email: support@dermintraop.com
Website: dermintraop.com