Description of App
DERMINDER Tool
o Free
This is a smartphone application for adult users in the United States. Work closely with your healthcare provider to understand how to download and use the application. ?Use of this smartphone application may improve the developer?s software for tracking medication usage over time.
Incyte?s Privacy Notice will be made available prior to download.
The app owner, Incyte Corporation, ?and its developer indicated that the app?s privacy practices may include handling of data as described below. This information has not been verified by Apple or Google. For more information, see the app owner?s privacy policy.
To help you better understand the owner?s responses, see Privacy Definitions and Examples.
Privacy practices may vary, for example, based on the features you use. Learn More
Once you download the app and activate it, Incyte provides you the opportunity to become a registered user and to share certain information that will be used to help you track your medication usage.? For more information, see:
Terms of Use and Privacy Notice in App upon first opening (As part of an initial click-through and thereafter available as a link) for initial functionality.?
Terms of Use Agreement
The Derminder mobile application is provided by Incyte Corporation ("Incyte") and is intended only for adult users in the United States. Incyte uses service providers to maintain the Derminder mobile application for the benefit of Incyte.? The Derminder mobile application is intended to help patients follow directions provided by healthcare providers. The Derminder app helps track usage of treatment doses and includes reminders to help users remember times for treatment doses. The Derminder app also allows users to upload pictures of the treatment area over time that can be also converted into time-lapse videos. The Derminder app does not diagnose, assess risk, or recommend treatment. It is intended to capture information to help inform discussions with healthcare providers. It is not intended for diagnosis, treatment, or prevention of a disease or condition.
By clicking "I AGREE" below, you agree to and accept the following terms governing your registration and use of the Derminder mobile application.
PLEASE READ THIS TERMS OF USE AGREEMENT (?AGREEMENT?) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND INCYTE CORPORATION (?INCYTE?, ?WE? OR ?US?).
1. NO MEDICAL ADVICE
THE DERMINDER MOBILE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Your use of the Derminder mobile application and any information produced by the Derminder mobile application is at your own risk. The Derminder mobile application and the information produced by the Derminder mobile application is intended for informational and educational use only. The Derminder mobile application ?does not provide medical advice, does not provide a diagnosis or other recommendation for treatment and is not a substitute for the professional judgment of a Healthcare Professional in the diagnosis and treatment of any person. The determination of the need for medical services and the types of health care to be provided to a patient are decisions that should be made only by a physician or other licensed healthcare provider. Always seek the advice of a physician or other qualified healthcare provider with any questions you have regarding a medical condition. Incyte accepts no responsibility for your reliance on information resulting from use of the Derminder mobile application.
2. REGISTRATION
By accessing or using any Incyte website with an authorized link to this Agreement (?Site?) or downloading, installing or using any the Derminder mobile application with an authorized link to this Agreement (?Application?), accessing or using any content, information, services, features or resources available or enabled via the Site or Application (collectively with the Site and Application, the ?Services?), clicking on a button or taking any other action to signify your acceptance of this Agreement, or completing the account registration process, you agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time through the Site and Application and represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any minor child for whom you are the parent or legal guardian, or any company, organization or other legal entity, on whose behalf you use the Services and to bind that person and/or entity to this Agreement. ?You agree to provide only true, accurate, current and complete information requested by the registration form (the ?Registration Data?) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorized Users and agree not to share your Account or password with anyone. You further agree to notify Incyte immediately of any unauthorized use of your password or any other breach of the security of your Account. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. Incyte reserves the right to remove, deactivate or reclaim any Account at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Incyte. YOU WILL BE RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.? References to ?you,? ?User? and ?Users? in this Agreement refer to all individuals and other persons who access or use the Services, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
3. DESCRIPTION AND USE OF THE SERVICES
The Services include, without limitation, real-time monitoring and analysis tools that allow Users (and their parents or legal guardians, if applicable) to receive medication reminders and to track and monitor their usage of certain treatments through the Derminder mobile application.? It also allows Users to upload pictures of the treatment area over time and to convert those pictures into time-lapse videos.
4. MODIFICATION
Incyte reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
5. SUSPENSION / TERMINATION / SURVIVAL
Incyte may cease operation of the Derminder mobile application and any function, service or material we provide on or through the Derminder mobile application in their sole discretion and without notice to you and without liability to you or any third party. Incyte will not be liable if for any reason all or any part of the Derminder mobile application is unavailable at any time or for any period.
In addition to suspending or terminating your access to the Services, Incyte reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature are intended to survive, shall survive termination of this Agreement, including without limitation, this termination provision and the provisions regarding intellectual property ownership, feedback, warranties, warranty disclaimers, limitation of liability, indemnity, and dispute resolution.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL INCYTE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS: (I)BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DERMINDER MOBILE APPLICATION OR ANY CONTENT ON THE DERMINDER MOBILE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; OR (II) INCUR LIABILITY UNDER THIS AGREEMENT THAT IS GREATER THAN AN AGGREGATE AMOUNT OF $100. ?You agree that the provisions in this Section will survive any termination of this Agreement or your access to Services.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Incyte, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys? fees) arising out of or relating to your violation of this Agreement, your use of the Derminder mobile application, including, but not limited to, any use of the Derminder mobile application?s content, services, and products or your use of any information obtained from the Derminder mobile application, your violation of any rights of Incyte, including any intellectual property or privacy right, or any violation of any laws, rules, or regulations.? Incyte reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Incyte in asserting any available defenses. You agree that the provisions in this Section will survive any termination of this Agreement or your access to Services.
8. OWNERSHIP OF AND LICENSE TO USE SERVICES
a. Use of the Services
Except with respect to user content, Incyte and its suppliers and service providers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Incyte grants you a limited license to use the Services.? Incyte and their suppliers and service providers reserve all rights not granted in this Agreement.
b. Trademarks
Incyte's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Incyte and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
9. RESTRICTIONS ON USE OF THE SERVICES
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other ?hidden text? using Incyte?s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to ?scrape? or download data from the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; (k) you will only use the Services for a lawful purpose; and () you will not interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update or other addition to Services shall be subject to this Agreement. Incyte reserves all rights not granted in this Agreement. Any unauthorized use of Services terminates the licenses granted by Incyte pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Incyte under law, equity or otherwise.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS, WITH ALL FAULTS. INCYTE AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INCYTE AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
b. THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. INCYTE AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES. INCYTE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
c. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. PRIVACY
We Respect Your Privacy (last updated November 1, 2022)
Incyte and/or its service providers including its developer Aptar Digital Health LLC, which developed and maintains the Derminder mobile application only for the benefit of Incyte, receive and process personal and health-related information about you such as your first and last name, email address, treatment name and treatment usage, treatment history, and images of treatment area, if provided, by you for a Derminder mobile application account.? You may choose to share it with your healthcare professional.
Incyte, through the Derminder mobile application, will also process your personal and health information both on your mobile device and on its own servers and those of its service providers on the Internet in the United States. ?Any service providers Incyte hires to process your personal information will be contractually-bound to protect it.? Unless you request we delete your registration information sooner, Incyte will retain your registration information for 5 years.?
If the Derminder mobile application is modified in a manner that may affect your decision to allow us to use your personal information (including sensitive personal information), we will re-issue this notice and obtain your re-consent.
Depending on your location, you may have the right to access, delete, restrict, edit, move, or object to the use of your personal information. You also may have a right to report concerns to the authority responsible for data privacy where you live or work, depending on your location.
You can learn more about Incyte?s data protection practices here: https://www.incyte.com/privacy-policy. By accessing this link you can learn about the types of personal information we collect, how we use it, whether collection and processing is optional, sources of the personal information we process, how it is shared, where it is stored or transferred to, how long we keep it, and contact information for Incyte and Incyte?s data protection officer.
Please contact privacy@incyte.com if you have any questions or concerns or would like to exercise your rights.
I consent to the use of my personal information (including the health-related information provided) for the purposes stated above. I acknowledge that I may withdraw my consent for the use of my personal information (including my sensitive personal information) at any time by emailing privacy@incyte.com.
12. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, you and Incyte agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in New York County, New York or federal courts located in the Southern District of New York. YOU AND INCYTE EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM UNDER THIS AGREEMENT.
13. Governing Law
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of NEW YORK, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact us at derminder@incyte.com. PLEASE DO NOT EMAIL ANY CONFIDENTIAL INFORMATION TO INCYTE. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15. Export Control
You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department?s list of Specially Designated Nationals or the U.S. Department of Commerce?s Denied Person?s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ?terrorist supporting? country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Other Terms
16.1 Third-Party Beneficiaries: Incyte?s service providers are intended third-party beneficiaries to this Agreement and are entitled to enforce any applicable provisions of this Agreement as if they were a party hereto.
16.2 Apple iOS: If you use the Derminder mobile application on an Apple phone, mobile device or other device running iOS, you and Incyte both acknowledge that this Agreement is concluded between you and Incyte only, and not with Apple, and that Apple, and Apple?s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be considered to have accepted that right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. Subject to this Agreement, Incyte, not Apple, is responsible for addressing any claims you may have relating to the Derminder mobile application including (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to payment and refund of any fees, as applicable. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the fees for the application to you, for the duration of the subscription fee when the application was non-compliant. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application. In addition, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application. In the event of any third-party claim that the application or your possession and use of the application infringes that third party?s intellectual property rights, subject to these terms, Incyte, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.