Dermi Atlas Assisted Services Terms

These Assisted Services Terms ("Assisted Services Terms") govern the optional services that Dermi Inc. ("Dermi") offers at no additional charge in connection with active Dermi Atlas Professional subscriptions, including during any free trial period: assisted setup, data import assistance, and technical support (collectively, the "Assisted Services"). These Assisted Services Terms are incorporated by reference into the Dermi Atlas Professional EULA and form part of the entire agreement described in the Dermi Terms of Service. Capitalized terms not defined here have the meanings given in those documents.

1. Nature of the Assisted Services

• Assisted setup is a remote session in which a member of the Dermi team assists you with the installation of Dermi Atlas Manager, the deployment of Dermi Atlas Professional, certificate and local network configuration, and verification that the deployment is operational.
• Data import assistance is assistance, provided during onboarding, with the import of your existing, prepared image files into Dermi Atlas Professional, within the scope described in Section 4.
• Technical support is email-based assistance with the installation, configuration, and use of the Software.

The Assisted Services are assistance with a deployment that runs on your infrastructure and remains under your control. They do not include the provision of hardware, operating systems, network equipment, or third-party software, and they do not transfer to Dermi any responsibility for your infrastructure or your data.

2. Service Basis

The Assisted Services are provided on a commercially reasonable efforts basis. Dermi does not warrant that an Assisted Service will achieve a particular outcome or be completed within a particular time. The self-service deployment path through Dermi Atlas Manager is not affected by these Assisted Services Terms and remains available to subscribers whether or not an Assisted Service is provided.

3. Confirmation and Compatibility

Each assisted setup or data import assistance engagement is confirmed individually before it begins. Dermi may ask you for information about the intended computer, operating system, and network environment, and, for data import assistance, about the data to be imported. Assisted setup is performed on hardware that meets the published system requirements for Dermi Atlas Professional; where the intended hardware does not meet them, Dermi may recommend more suitable hardware instead of proceeding.

4. Data Import Scope

Data import assistance covers data that is already well structured and prepared for import, meaning image files in common formats that are organized in a usable structure, and standard exports produced by your current system, in each case to the extent that the data, as provided, can reasonably be imported. The following are outside the scope of the Assisted Services and remain your responsibility or that of your current vendor:

• Producing exports from, or extracting data out of, a third-party or proprietary system;
• Cleaning, de-duplicating, reformatting, reorganizing, or otherwise preparing data that is disorganized or in a non-standard format; and
• Recovering corrupted, incomplete, or inaccessible data.

You are responsible for maintaining a backup of your data before any import and for verifying the completeness and accuracy of imported data afterwards. Dermi does not warrant that imported data is complete or accurate. Nothing in these Assisted Services Terms creates any obligation for Dermi to retain, migrate, or provide access to locally stored data after termination of your subscription; the Effect of Termination provisions of the Dermi Atlas Professional EULA continue to apply.

5. Right to Decline or Discontinue

Dermi may decline to begin, or may pause or discontinue, an Assisted Service engagement where:

• Information provided to Dermi in connection with the engagement was inaccurate or incomplete;
• The hardware, operating system, or network environment differs materially from what was described or does not meet the requirements described in Section 3;
• The access, permissions, or environment configuration needed to complete the work is not available; or
• A technical issue outside Dermi's reasonable control prevents completion.

Dermi may offer to begin or resume an engagement once the blocking condition is resolved.

6. No Additional Charge

The Assisted Services are included with Dermi Atlas Professional subscriptions as an accommodation, at no additional charge. The provision, non-provision, discontinuation, or non-use of an Assisted Service does not constitute a service deficiency for the purposes of the Service Fulfillment and Refund Policy in the Dermi Terms of Service and does not give rise to any refund, credit, set-off, or fee reduction, except as required by applicable law or as preserved by Section 9.

7. Support Response Targets

Support response times communicated by Dermi, including on the Dermi website, are targets and not guaranteed response or resolution times. Dermi does not offer a service level agreement for the Assisted Services.

8. Your Responsibilities

In connection with an Assisted Service engagement, you are responsible for:

• Providing accurate and complete information about your hardware, software, network environment, and data;
• Making the relevant computer, and a person authorized to operate it, available during the scheduled session;
• Holding all rights and permissions needed to export, transfer, and import the data involved; and
• Complying with the privacy and consent obligations described in the Dermi Atlas Professional EULA with respect to any patient data involved in an import.

9. Consumer Guarantees

Nothing in these Assisted Services Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified, including, with respect to any Assisted Service actually supplied, the consumer guarantees under the Australian Consumer Law and, where they apply, the guarantees under the Consumer Guarantees Act 1993 (New Zealand). If you acquire the Assisted Services in trade for the purposes of a business, the provisions of the Dermi Atlas Professional EULA concerning the Consumer Guarantees Act 1993 (New Zealand) and the Fair Trading Act 1986 (New Zealand) apply equally to the Assisted Services.

10. Changes

Dermi may update these Assisted Services Terms from time to time, and may modify or withdraw the Assisted Services offering prospectively; a modification or withdrawal of the offering does not affect an engagement that has already been confirmed. Notice of material changes is given in the manner described in the Dermi Terms of Service. The effective date of each revision is noted at the top of this document.

11. Governing Law

These Assisted Services Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and are subject to the dispute resolution provisions of the Dermi Terms of Service.

Contact

Dermi Inc.
18 King Street East, Suite 1400
Toronto, ON M5C 1C4
Canada

Telephone: +1 647-600-3140
Customer Support: support@dermi.ai
Legal: legal@dermi.ai