Terms of Service

“Provider Portal” or “Platform” means the SkinSAFE web-based and/or application-based portal known as the “SkinSAFE Provider Portal,” including all related software, databases, tools, features, content, documentation, and services that SkinSAFE makes available to healthcare providers and their staff for the administration of patient care, including the input, storage, review, and management of patient patch test results and related allergen and ingredient information.

“Authorized User” means an individual physician, clinician, nurse, technician, administrator, or other member of Provider’s workforce whom Provider authorizes to access and use the Provider Portal under Provider’s account.

“SkinSAFE Data” means all data, databases, content, compilations, and information made available through or generated by the Platform other than Patient Data and Provider Data, including without limitation the SkinSAFE product database, ingredient lists, allergen classifications, the SkinSAFE Ingredient Mapping, product-to-allergen and allergen-to-product associations, compatibility logic, scoring, rankings, recommendation outputs, and the selection, structure, coordination, and arrangement of any of the foregoing.

“Ingredient Mapping” means SkinSAFE’s proprietary methodology, data model, and resulting mappings that associate products, ingredients, ingredient functions, allergen groups, cross-reactors, and patch test results with one another, including all underlying logic, taxonomies, dictionaries, weightings, and outputs.

“Patient Data” means information relating to an identifiable patient that Provider inputs into or generates through the Platform, including patch test results, allergen sensitivities, and any “protected health information” as defined under HIPAA. Patient Data is governed primarily by the Business Associate Agreement.

“Provider Data” means information about Provider, its practice, and its Authorized Users that is submitted to the Platform, excluding Patient Data and SkinSAFE Data.

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health (HITECH) Act, and their implementing regulations, each as amended.

“BAA” means the SkinSAFE Business Associate Agreement between SkinSAFE and Provider governing the handling of Patient Data.

The Provider Portal is intended solely for use by licensed physicians, licensed medical professionals, and the personnel working under their supervision, in each case in connection with the provision of healthcare services. By registering, Provider represents and warrants that it and each of its Authorized Users are appropriately licensed, certified, or otherwise authorized under applicable law to provide the relevant healthcare services and to access patient information.

Provider is responsible for all activity occurring under its account and the accounts of its Authorized Users, whether or not authorized by Provider. Provider shall ensure that each Authorized User complies with these Terms and shall be liable for any act or omission of an Authorized User that would constitute a breach of these Terms if committed by Provider. Provider shall promptly deactivate access for any Authorized User who leaves Provider’s workforce or no longer requires access.

3.1 License to Provider. Subject to Provider’s continuous compliance with these Terms and the BAA, SkinSAFE grants Provider a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Provider Portal, and to permit its Authorized Users to do so, solely for Provider’s internal use in administering care to its own patients. No other rights are granted, and SkinSAFE reserves all rights not expressly granted.

3.2 No Fees; Free Service. SkinSAFE currently makes the Provider Portal available to Provider at no charge. SkinSAFE reserves the right, in its sole discretion and upon reasonable advance notice, to introduce fees for the Provider Portal or for particular features, or to modify, suspend, or discontinue the Provider Portal (in whole or in part) at any time. Because the Provider Portal is provided free of charge, Provider acknowledges that it is provided “as is” and “as available” to the fullest extent permitted by law.

3.3 Updates and Changes. SkinSAFE may modify, enhance, update, or change the features, functionality, content, or availability of the Platform from time to time, including by adding or removing features. SkinSAFE has no obligation to maintain backward compatibility or to retain any particular feature.

To use the Provider Portal, Provider and its Authorized Users must register and create credentials. Provider agrees to: (i) provide accurate, current, and complete registration information; (ii) maintain and promptly update such information; (iii) keep all credentials confidential and not share them; (iv) use commercially reasonable and HIPAA-compliant safeguards to protect access to the Platform, including unique credentials for each Authorized User, role-based access, automatic session timeouts where available, and prompt revocation of access upon workforce changes; and (v) notify SkinSAFE immediately at privacy@skinsafeproducts.com of any actual or suspected unauthorized access to or use of the Platform or any credentials.

Provider is solely responsible for all activities that occur under its account and for any consequences of sharing credentials or failing to secure them. SkinSAFE may suspend or disable any account or credential at any time, with or without notice, if SkinSAFE reasonably believes there has been a violation of these Terms, the BAA, or applicable law, or to protect the security or integrity of the Platform, SkinSAFE Data, or Patient Data.

5.1 BAA Controls Patient Data. Provider’s submission, storage, and use of Patient Data through the Platform is governed by the BAA. To the extent of any conflict between these Terms and the BAA with respect to the privacy or security of Patient Data or “protected health information,” the BAA controls.

5.2 Provider Responsibilities. As between the parties, Provider is the “covered entity” (or acts on behalf of a covered entity) and is solely responsible for: (i) obtaining all consents, authorizations, and notices required under HIPAA and other applicable laws to collect Patient Data and to disclose it to SkinSAFE for processing through the Platform; (ii) the accuracy, quality, and legality of Patient Data and the means by which Provider acquired it; and (iii) ensuring that its use of the Platform complies with all laws applicable to Provider’s practice, including the practice of medicine, professional licensure, and patient confidentiality requirements.

5.3 Permitted Use of De-Identified Data. Subject to the BAA and applicable law, SkinSAFE may create and use de-identified and/or aggregated data derived from Patient Data, provided such data does not identify Provider or any patient, to operate, analyze, maintain, and improve the Platform, SkinSAFE Data, and the Ingredient Mapping, and to develop new products and services. As between the parties, SkinSAFE owns all such de-identified and aggregated data and all results of such processing.

6.1 Ownership. The Platform, the SkinSAFE Data, and the Ingredient Mapping, together with all software, databases, content, designs, text, graphics, user interfaces, logos, trademarks, and the selection, structure, coordination, and arrangement thereof, are owned by SkinSAFE and its licensors and are protected by United States and international copyright, trademark, trade secret, database, and other intellectual property laws. As between the parties, SkinSAFE exclusively owns all right, title, and interest in and to the Platform, the SkinSAFE Data, and the Ingredient Mapping, including all intellectual property rights therein.

6.2 Trade Secrets. Provider acknowledges and agrees that the SkinSAFE Data and the Ingredient Mapping constitute valuable trade secrets and confidential and proprietary information of SkinSAFE, that they were developed through substantial investment of time, money, and expertise, that they are not readily ascertainable by proper means, and that they derive independent economic value from not being generally known. Provider agrees that any unauthorized use, extraction, reproduction, or disclosure of the SkinSAFE Data or the Ingredient Mapping would cause SkinSAFE irreparable harm.

6.3 No Implied Licenses. Except for the limited license expressly granted in Section 3, nothing in these Terms grants Provider any right, title, or interest in or to the Platform, the SkinSAFE Data, the Ingredient Mapping, or any SkinSAFE intellectual property, whether by implication, estoppel, or otherwise. Provider acquires no ownership interest in any SkinSAFE Data or output of the Platform by virtue of inputting Patient Data or using the Platform.

6.4 Feedback. If Provider or any Authorized User provides suggestions, ideas, enhancement requests, or other feedback regarding the Platform (“Feedback”), SkinSAFE may use and exploit such Feedback without restriction or obligation, and Provider hereby assigns to SkinSAFE all right, title, and interest in and to such Feedback.

This Section 7 is a material term of these Terms and a condition of the license granted in Section 3. Provider agrees that it will not, and will not permit any Authorized User, affiliate, agent, contractor, or any third party acting on its behalf or with access obtained through Provider, to do any of the following:

7.1 No Competing Products or Services. Use, reference, or rely upon the Platform, the SkinSAFE Data, or the Ingredient Mapping, in whole or in part, to design, develop, train, build, market, offer, operate, or assist any other person in designing, developing, training, building, marketing, offering, or operating any product, service, application, database, model, or tool that competes with, replicates, or is substantially similar to the Platform, the SkinSAFE Data, the Ingredient Mapping, or any SkinSAFE product or service, including any product or service that maps, scores, ranks, or recommends products or ingredients based on allergens, sensitivities, or patch test results.

7.2 No Extraction, Scraping, or Copying. Access, extract, harvest, scrape, copy, download, index, mirror, or store any portion of the SkinSAFE Data or the Ingredient Mapping except as strictly necessary for Provider’s permitted internal use of the Platform in caring for its own patients; use any robot, spider, crawler, script, automated query, data-mining, or extraction tool or method to access or collect SkinSAFE Data; or accumulate, compile, repackage, or create any database, dataset, or compilation derived from the SkinSAFE Data or the Ingredient Mapping.

7.3 No Reverse Engineering. Reverse engineer, decompile, disassemble, or otherwise attempt to discover, derive, or reconstruct the source code, underlying ideas, algorithms, data models, taxonomies, logic, or trade secrets of the Platform, the SkinSAFE Data, or the Ingredient Mapping, except to the limited extent this restriction is prohibited by applicable law.

7.4 No AI/Model Training. Use the Platform, SkinSAFE Data, or Ingredient Mapping (including any outputs) to train, fine-tune, develop, validate, or improve any machine learning model, artificial intelligence system, large language model, or algorithm, whether for Provider or any third party.

7.5 No Disclosure or Transfer. Sell, license, sublicense, lease, rent, distribute, publish, transmit, disclose, or otherwise make available the SkinSAFE Data or the Ingredient Mapping, or access to the Platform, to any third party, including any competitor of SkinSAFE; or use the Platform for the benefit of any third party or for any service-bureau, time-sharing, outsourcing, or similar purpose.

7.6 No Circumvention. Circumvent, disable, or interfere with any access controls, usage limits, security features, or technical protection measures of the Platform; access the Platform other than through the interfaces and credentials provided by SkinSAFE; or access the Platform to monitor its availability, performance, or functionality for competitive purposes or to benchmark against a competing offering.

7.7 No Misuse. Use the Platform in any manner that violates applicable law, infringes the rights of any person, transmits malicious code, imposes an unreasonable load on SkinSAFE’s infrastructure, or attempts to gain unauthorized access to any system or data.

7.8 Survival and Enforcement. The restrictions in this Section 7 survive termination or expiration of these Terms and apply regardless of whether Provider continues to access the Platform. Provider acknowledges that a breach of this Section 7 would cause SkinSAFE irreparable harm for which monetary damages would be inadequate, and that SkinSAFE is entitled to seek injunctive and other equitable relief as set forth in Section 13, in addition to all other remedies available at law or in equity.

8.1 Confidential Information. “Confidential Information” means non-public information disclosed by SkinSAFE to Provider in connection with the Platform, including the SkinSAFE Data, the Ingredient Mapping, the Platform’s features and non-public functionality, pricing, roadmaps, and any information that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure. The SkinSAFE Data and Ingredient Mapping are deemed Confidential Information whether or not marked.

8.2 Obligations. Provider shall (i) use Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms; (ii) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of like importance, and in no event less than reasonable care; and (iii) not disclose Confidential Information to any third party except to Authorized Users who have a need to know and who are bound by confidentiality obligations at least as protective as these Terms.

8.3 Exclusions. Confidential Information does not include information that Provider can demonstrate is or becomes publicly available through no fault of Provider, was rightfully known to Provider without restriction before disclosure, or is independently developed by Provider without use of or reference to the Confidential Information. If compelled by law to disclose Confidential Information, Provider shall give SkinSAFE prompt notice (where legally permitted) and reasonable cooperation to seek protective treatment.

The Platform may contain links to, or interoperate with, third-party websites, products, or services that are not owned or controlled by SkinSAFE. SkinSAFE does not endorse and is not responsible for such third-party services, and Provider’s use of them is at Provider’s own risk and subject to the third parties’ terms. Product, ingredient, and manufacturer information made available through the Platform may be derived from product labels and third-party sources and may not have been independently verified by SkinSAFE.

THE PLATFORM IS A REFERENCE AND PRACTICE-SUPPORT TOOL. IT IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO PROVIDE, AND DOES NOT PROVIDE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING THE SKINSAFE DATA AND INGREDIENT MAPPING, IS PROVIDED FOR INFORMATIONAL AND REFERENCE PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LICENSED HEALTHCARE PROVIDER.

PROVIDER AND ITS AUTHORIZED USERS ARE SOLELY RESPONSIBLE FOR ALL CLINICAL DECISIONS AND FOR THE CARE OF THEIR PATIENTS. PROVIDER MUST INDEPENDENTLY VERIFY ALL INFORMATION, INCLUDING PRODUCT INGREDIENTS AND LABELS, BEFORE RELYING ON IT. SKINSAFE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE PLATFORM. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT OR ADDITIONAL INFORMATION THAN WHAT IS PRESENTED ON THE PLATFORM.

THE PLATFORM, THE SKINSAFE DATA, AND THE INGREDIENT MAPPING ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKINSAFE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (THE “SKINSAFE PARTIES”) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SKINSAFE PARTIES DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SKINSAFE PARTIES BE LIABLE TO PROVIDER OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE SKINSAFE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE THE PROVIDER PORTAL IS PROVIDED AT NO CHARGE, THE TOTAL AGGREGATE LIABILITY OF THE SKINSAFE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, AND DO NOT LIMIT EITHER PARTY’S OBLIGATIONS UNDER THE BUSINESS ASSOCIATE AGREEMENT. THE FOREGOING LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Provider acknowledges that any actual or threatened breach of Section 6 (Intellectual Property), Section 7 (Restrictions on Use), or Section 8 (Confidentiality) would cause SkinSAFE immediate and irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, SkinSAFE is entitled to seek temporary, preliminary, and permanent injunctive and other equitable relief to prevent or curtail any such breach, without the necessity of posting a bond or proving actual damages, in addition to any other remedies available at law or in equity. This Section is an exception to the arbitration agreement in Section 14, and either party may bring an action for such relief in the courts identified in Section 15.

14.1 Informal Resolution. Before initiating arbitration, the parties shall attempt in good faith to resolve any dispute informally by written notice to the other party describing the dispute. If the dispute is not resolved within thirty (30) days, either party may commence arbitration.

14.2 Binding Arbitration. EXCEPT FOR THE CLAIMS DESCRIBED IN SECTION 14.4, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION. THE ARBITRATION WILL TAKE PLACE IN MARICOPA COUNTY, ARIZONA, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

14.3 Class Action Waiver. ALL DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. THE ARBITRATOR IS NOT EMPOWERED TO HEAR OR DECIDE ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. PROVIDER AND SKINSAFE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND ANY RIGHT TO A JURY TRIAL.

14.4 Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual action in small-claims court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction as provided in Section 13 to protect its intellectual property or Confidential Information.

14.5 Opt-Out. Provider may opt out of this arbitration agreement by sending written notice of its decision to opt out to privacy@skinsafeproducts.com within thirty (30) days after first accepting these Terms. The notice must include Provider’s name, account information, and a clear statement that Provider wishes to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

These Terms, and any dispute arising out of or relating to these Terms or the Platform, are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 14, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona for any action not subject to arbitration, and waive any objection to such venue.

Provider shall defend, indemnify, and hold harmless the SkinSAFE Parties from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) Provider’s or any Authorized User’s use of the Platform; (ii) Provider’s breach of these Terms or the BAA; (iii) Provider’s breach of Section 6, 7, or 8; (iv) Patient Data or Provider Data, including any claim that SkinSAFE’s processing of Patient Data as permitted hereunder violated any law or third-party right; (v) any clinical decision, diagnosis, treatment, or care provided by Provider or any Authorized User; or (vi) Provider’s violation of any law or the rights of any third party. SkinSAFE will provide Provider with prompt notice of any claim subject to indemnification and reasonable cooperation, and SkinSAFE may participate in the defense with counsel of its choosing at its own expense.

17.1 Term. These Terms commence when Provider first accepts them or accesses the Platform and continue until terminated as provided herein.

17.2 Termination for Convenience. Either party may terminate these Terms and Provider’s access to the Platform at any time, for any reason, upon notice to the other party. Provider may terminate by ceasing all use of the Platform and notifying SkinSAFE.

17.3 Suspension and Termination by SkinSAFE. SkinSAFE may suspend or terminate Provider’s access to the Platform immediately and without liability if SkinSAFE reasonably believes Provider has violated these Terms or the BAA, to comply with law, or to protect the security or integrity of the Platform, SkinSAFE Data, or Patient Data.

17.4 Effect of Termination. Upon termination, all licenses granted to Provider terminate, and Provider shall immediately cease all use of the Platform and the SkinSAFE Data and, at SkinSAFE’s request, return or destroy all SkinSAFE Confidential Information in its possession. The handling and return of Patient Data upon termination is governed by the BAA. Sections 1, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, this 17.4, and 18 survive termination.

18.1 Entire Agreement. These Terms, together with the BAA and the Privacy Policy, constitute the entire agreement between the parties regarding the Provider Portal and supersede all prior or contemporaneous understandings on that subject. In the event of a conflict, the BAA controls with respect to Patient Data, and these Terms otherwise control.

18.2 Changes to These Terms. SkinSAFE may modify these Terms from time to time. SkinSAFE will provide notice of material changes by posting the revised Terms in the Provider Portal or by other reasonable means and updating the “Effective Date.” Provider’s continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms. If Provider does not agree, Provider must stop using the Platform.

18.3 Assignment. Provider may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without SkinSAFE’s prior written consent. SkinSAFE may freely assign these Terms. Any prohibited assignment is void. These Terms bind and benefit the parties and their permitted successors and assigns.

18.4 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18.5 Force Majeure. Neither party is liable for any delay or failure to perform (other than payment obligations, if any) due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, and governmental actions.

18.6 Notices. Notices to SkinSAFE must be sent to SkinSAFE Products, Inc., 3104 E. Camelback Rd. #726, Phoenix, AZ 85016, with an email copy to privacy@skinsafeproducts.com. SkinSAFE may provide notices to Provider through the Platform or to the contact information associated with Provider’s account.

18.7 Severability; No Waiver. If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. SkinSAFE’s failure to enforce any provision is not a waiver of its right to do so later.

18.8 Export and Compliance. Provider shall comply with all applicable export control and sanctions laws and shall not use or export the Platform in violation of such laws.

18.9 Headings. Section headings are for convenience only and do not affect interpretation.

Questions about these Terms may be directed to: SkinSAFE Products, Inc., 3104 E. Camelback Rd. #726, Phoenix, AZ 85016, Attn: Legal; email privacy@skinsafeproducts.com; provider support: support@skinsafeproducts.com.