These terms and conditions are divided into:
A: General terms and conditions between Hyge AI and users - mediation agreement.
B: General Terms and Conditions between Dermatologists and Users - Treatment Agreement
C: General terms and conditions between the user, partner, and Hyge AI.
A: General terms and conditions between Hyge AI and users - mediation agreement
Warden AI Lab SIA ("Hyge AI") operates the online mediation service hyge.app (mirror link hyge.lv) ("platform"). Via the Platform, private individuals residing in the EU and EEA ("Users") can have their skin diseases assessed by participating, federally recognized dermatologists ("Dermatologists") by providing one of these Dermatologists with information and photos of the affected skin area via the Platform. The dermatologist assesses the affected skin area based on the information and photos and makes a recommendation for action.
The dermatologists offer the assessment in their own name and under their own responsibility. Hyge AI itself does not offer an assessment, but merely mediates the conclusion of a contract between a user and one of the participating dermatologists via the platform ("mediation agreement"). The General Terms and Conditions ("GTC") in this Section A apply to this mediation agreement. If a user submits a request to one of the participating dermatologists to assess a skin change, a treatment contract is concluded between this user and the dermatologist ("Treatment Contract"). The GTC in Section B applies to this Treatment Contract. Hyge AI is not a party to the treatment contract.
2. Functioning of the platform; conclusion of the mediation contract
If the user wishes to receive a rating, he must first select one of the participating dermatologists via the platform. The profiles of the participating dermatologists can be viewed on the Platform. After selecting a dermatologist, the user fills out the questionnaire, uploads images of the affected skin area to the platform, and provides personal data and payment information. The user now has the option to review and accept GTC and submit their request for assessment. By sending the request, a mediation contract with Hyge AI is concluded. At the same time, a treatment contract is concluded with the selected dermatologist (see section B, paragraph 2).
Hyge AI transmits photos and information to the selected dermatologist. The dermatologist makes an assessment based on this information, usually within 48 hours. The user receives an email with a link to the assessment. In addition, the user receives a 6-digit code on the email address provided by the user to download the assessment from the platform.
For each rating, the User pays a flat-rate payment of EUR 0 (incl. VAT). This flat-rate payment includes (i) the referral fee owed by the User to Hyge AI for the use of the Platform and the referral of a dermatologist and (ii) the case fee owed by the User to the dermatologist for the preparation of a review. The case fee is due upon conclusion of the treatment contract, i.e. when the request is sent to a dermatologist for assessment. Hyge AI collects the apartment fee by credit card, retains the referral fee, and forwards the case fee to the dermatologist who has previously authorized OnlineDoctor to collect the case fee. The flat-rate payment must be paid even if the dermatologist is unable to make an assessment due to poor photo quality.
4. Archiving and storage
It is the sole responsibility of the user to archive photographs, other health data, and the dermatologist's assessment if the user so desires. For this purpose, the download link is available to the user for a period of six weeks to download the data from the platform and store it on a personal device.
5. Protection of data
The Dermatologist excludes its liability for all claims arising out of or in connection with the Treatment Agreement (including contractual and non-contractual claims) to the fullest extent permitted by law.
The user acknowledges that the dermatological assessment depends on the accuracy, quality, and completeness of the uploaded photos and the submitted health data. An initial assessment via the platform does not replace a personal consultation with a physician. The assessment via the platform is not an emergency system. It is not suitable for individuals who require urgent medical monitoring or immediate medical intervention.
7. Final provisions
Any change or amendment to this GTC agreed upon between the dermatologist and the user must be in writing. This also applies to the above requirement for the written form.
8. Place of jurisdiction and applicable law
Latvian law shall apply (with the exception of the conflict of laws rules).
C: General terms and conditions between the user, partner, and Hyge AI
1. Customers of the CSS Group.
The use of Hyge AI does not require the conclusion of a basic and/or supplementary insurance policy. The use of Hyge AI has no influence on basic insurance or on any existing alternative insurance models. For users, in particular, users with an "alternative insurance model" (i.e. a special form of insurance) under basic insurance, the conditions of the relevant insurance product apply independently of the information and treatment recommendations provided by Hyge AI. If treatment is provided without a referral from the primary care physician or telemedicine center or without their knowledge, the costs for this treatment cannot be reimbursed (in general). In life-threatening situations, you should contact emergency services directly. The GP/telemedicine center should then be informed as soon as possible (in accordance with the rules set out in the terms and conditions of the insurance product concerned).
The health data entered in Hyge AI will be used by the dermatologist you choose to recommend a course of action. All data collected during registration and use of Hyge AI is processed in anonymous form for the purpose of operating the website and documenting medical conditions. This data is only processed by Hyge AI and is not passed on to third parties. These data also form the basis for statistical evaluations, which are carried out with aggregated data. Symptoms entered by users are not analyzed on the basis of personal data (i.e. they are anonymized). Users consent to the processing of their data to this extent.
Date: April 15, 2022