Dermi Terms of Service

Last Updated: May 25, 2026

1. Acceptance and Scope

These Terms of Service ("Terms") constitute a binding legal agreement between Dermi Inc. ("Dermi," "we," "us") and you ("User" or "you"), regarding your access to and use of the following services (collectively, the "Services"):

• The Dermi website;
• The Dermi Portal ("Portal");
• The Dermi Atlas Cloud Demo ("Cloud Demo"); and
• The Dermi Atlas Companion iOS application ("Companion App").

Description of Services:

• The Dermi Portal is a web-based account management platform where customers can register, manage subscriptions, purchase and manage license keys for Dermi Atlas Professional, update billing and payment information, and access account settings.
• The Dermi Atlas Cloud Demo is a hosted, browser-based demonstration environment that allows prospective users to explore the features of Dermi Atlas without installing software. The Cloud Demo is not intended for use with real patient data and may be reset periodically.
• Dermi Atlas Professional is a self-hosted clinical imaging application deployed on the customer's own infrastructure. It is licensed on a per-instance, subscription basis and governed by a separate End-User License Agreement.
• The Dermi Atlas Companion is a native iOS application that pairs with a customer-deployed Dermi Atlas Professional server on the customer's local network, or, optionally, with the Dermi Atlas Cloud Demo. The Companion App is a thin client and does not itself store Health Information. Use of the Companion App is additionally governed by the Dermi Atlas Professional EULA and, where obtained through Apple's App Store, by the Apple-specific terms in Section 10 of these Terms.

Additional terms apply to specific products:

• Use of the Dermi Atlas Cloud Demo is further governed by the Dermi Atlas Cloud Demo Disclaimer.
• Use of the on-premises software (Dermi Atlas Professional) and the Dermi Atlas Companion is governed by the Dermi Atlas Professional EULA.

Acceptance of these Terms. By accessing the website, registering for the Portal, opening or interacting with the Cloud Demo, or downloading, installing, or using the Companion App, you agree to be bound by these Terms. Some Services additionally require an explicit, separate acceptance: account registration in the Portal, the Cloud Demo, and any Dermi Atlas Professional instance requires you to affirmatively accept these Terms and the Privacy Policy at the point of registration, and each session of Cloud Demo use requires acceptance of the Dermi Atlas Cloud Demo Disclaimer. These additional acceptance steps supplement, and do not replace, the acceptance granted by your initial use of the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. If you do not agree to these Terms, you must not use the Services.

Geographic Scope: The Services are intended solely for use by residents of Canada, the United States, and Australia.

2. Accounts and Security

2.1 Registration and Eligibility

To access the Dermi Portal and associated Services, you must register for an account (your "Dermi Cloud Services account" or "Account"). Your Dermi Cloud Services account is administered through the Dermi Portal and is used to manage your subscription, generate and manage license keys for Dermi Atlas Professional, and access the Dermi Atlas Cloud Demo. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.

You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are registering on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.2 Account Security

You are responsible for safeguarding your credentials (passwords, 2FA codes). You agree not to disclose your credentials to any third party. You are solely responsible for any activities under your account, authorized or unauthorized.

3. Subscription, Billing, and Trials

3.1 Free Trial

New subscribers may be eligible for a 30-day free trial. A valid payment method is required. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan, and your payment method will be charged.

3.2 Recurring Billing

All fees are stated and charged in United States Dollars (USD). By subscribing, you authorize Dermi to charge your payment method on a recurring basis (monthly or annually, depending on the plan selected) through our third-party payment processor, Stripe. Your subscription will automatically renew at the end of each billing cycle until you cancel. Fees are charged in advance at the beginning of each billing period.

3.3 Cancellation

You may cancel your subscription at any time through the Dermi Portal. Cancellation takes effect at the end of the current billing cycle, and no further charges will be applied. Access to the Services will remain available until the end of the paid period.

3.4 Service Fulfillment and Refund Policy

All Services are delivered electronically. Upon subscription activation or renewal, access is provided immediately. Fees are non-refundable except where required by applicable law. If you believe you are entitled to a refund due to a billing error or service deficiency, you may submit a request by contacting support@dermi.ai within 30 days of the charge in question. Refund requests will be reviewed and processed on a case-by-case basis.

3.5 Promotions and Discounts

Dermi may offer promotional codes or discounts from time to time. Unless otherwise stated, promotional offers are non-transferable, limited to one per account, cannot be combined with other offers, and are valid for a limited duration as specified at the time of the offer. Dermi reserves the right to modify or terminate any promotion at any time. Promotional offers are void where prohibited by law.

3.6 Account Suspension and Termination

Dermi reserves the right to suspend or terminate your account for material breach of any provision of these Terms. For non-security-related breaches, Dermi will provide written notice and a reasonable cure period of 15 days before termination takes effect. Breaches of Section 4.1 (Strict Prohibitions) may result in immediate termination without a cure period. Upon receiving notice of termination, you will have 30 days to export or back up your data from Dermi cloud services before access is revoked.

4. Acceptable Use and Restrictions

4.1 Strict Prohibitions (Security & IP)

You acknowledge that the Services contain valuable trade secrets and proprietary information of Dermi. You strictly agree NOT to, and not to allow any third party to:

1. Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, or structure of the Services or Software.
2. Security Testing: Perform any vulnerability scanning, penetration testing, load testing, or "stress testing" on the Services without Dermi's prior explicit written consent.
3. Modification: Modify, translate, adapt, or create derivative works based on the Services.
4. Benchmarking: Use the Services for competitive analysis or benchmarking purposes for public disclosure or to build a competing product.
5. Circumvention: Bypass, breach, disable, or defeat any security features, license enforcement keys, or usage limits embedded in the Services.

Violation of this Section 4.1 will result in immediate termination of your account and may subject you to civil and criminal liability.

4.2 NO HEALTH INFORMATION IN CLOUD SERVICES

CRITICAL RESTRICTION: The Dermi Portal, Website, and Dermi Atlas Cloud Demo are not designed or secured for the storage of Health Information.

Definitions:

• "Health Information" includes:
  • "Protected Health Information" (PHI) as defined by HIPAA (U.S.);
  • "Personal Health Information" as defined by applicable Canadian federal or provincial privacy legislation; and
  • "Sensitive information" (including "health information") as defined by the Privacy Act 1988 (Cth) and applicable Australian state and territory health records legislation, including the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW), and the Health Records (Privacy and Access) Act 1997 (ACT).

Your Agreement: You expressly agree NOT to upload, store, or transmit any real Health Information to Dermi's cloud-based Services. All patient data must remain on your local, on-premises Dermi Atlas Professional installation.

Dermi expressly disclaims any liability for data breaches or violations of privacy laws (including HIPAA, PIPEDA, PHIPA, the Act Respecting the Protection of Personal Information in the Private Sector in Quebec, or the Privacy Act 1988 (Cth) in Australia) resulting from your failure to adhere to this restriction.

4.3 Service Modifications

Dermi reserves the right to modify, suspend, or discontinue any Service or feature, in whole or in part, at any time with or without notice. Dermi shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Intellectual Property

The Services are owned by Dermi and protected by Canadian, U.S., and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Dermi reserves all rights not expressly granted to you in these Terms.

6. Disclaimers

6.1 No Medical Advice; Not a Medical Device

The Services are general-purpose image-management and documentation tools. The Services are not medical devices, are not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment, or alleviation of any disease or condition, are not intended to support any clinical decision, and have not been cleared, approved, registered, or licensed by the U.S. Food and Drug Administration, Health Canada, the Therapeutic Goods Administration (TGA) of Australia, or any other regulatory authority. The Services do not measure, calculate, or diagnose any biological or physiological parameter. Dermi does not provide medical advice, diagnosis, or treatment. You rely on the Services at your own risk and remain solely responsible for all clinical judgement.

6.2 "As Is" Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DERMI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.3 Third-Party Links

The Services may contain links to third-party websites or resources. Dermi is not responsible for the availability, accuracy, or content of such external sites and does not endorse any products, services, or information offered by third parties. Access to third-party websites is at your own risk.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. INDIRECT DAMAGES: DERMI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
2. LIABILITY CAP: DERMI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO DERMI IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) $100 USD.

Nothing in this Section limits any liability that cannot be limited or excluded under applicable consumer-protection or privacy legislation, including the non-excludable consumer guarantees under the Australian Consumer Law.

8. Indemnification

You agree to indemnify and defend Dermi against any claims, damages, or expenses arising from: (a) your use of the Services; (b) your violation of these Terms (specifically Section 4); (c) your collection, storage, or mismanagement of Health Information or patient data; or (d) your collection, capture, storage, or use of patient images, recordings, or identifying information without the consent required by applicable law, professional regulatory rules, or institutional policy.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.

9.1 Injunctive Relief

You acknowledge that a breach of Section 4.1 (Strict Prohibitions) would cause irreparable harm to Dermi for which monetary damages would be insufficient. Accordingly, Dermi shall be entitled to seek injunctive relief to enforce these Terms without the requirement of posting a bond or proving actual damages.

9.2 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE NOT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST DERMI.

10. Apple App Store Distribution (Dermi Atlas Companion)

The following terms apply to your use of the Dermi Atlas Companion (the "App") obtained through Apple's App Store. To the extent these Terms conflict with or are less protective than the App Store Terms of Service applicable to your account, the App Store Terms govern only as to those conflicting provisions.

1. Acknowledgement. You and Dermi acknowledge that these Terms are concluded between you and Dermi only, and not with Apple, and that Dermi, not Apple, is solely responsible for the App and its content. These Terms do not provide for any usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms.
2. Scope of License. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.
3. Maintenance and Support. Dermi is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and Dermi acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
4. Warranty. Dermi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Dermi's sole responsibility.
5. Product Claims. You and Dermi acknowledge that Dermi, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with any use of the HealthKit and HomeKit frameworks. Nothing in these Terms limits Dermi's liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights. You and Dermi acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Dermi, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address. Any questions, complaints, or claims with respect to the App should be directed to: Dermi Inc., 18 King Street East, Suite 1400, Toronto, ON M5C 1C4, Canada. Telephone: +1 647-600-3140. Email: legal@dermi.ai.
9. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.
10. Third-Party Beneficiary. You and Dermi acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Additional Companion-App-specific responsibilities, including mobile device security and the scope of patient-data custody, are addressed in the Dermi Privacy Policy and the Dermi Atlas Professional EULA.

11. General Provisions

• Entire Agreement: These Terms, together with the Dermi Privacy Policy, the Dermi Atlas Professional EULA, the Dermi Atlas Cloud Demo Disclaimer, and the Dermi Sub-Processors document, constitute the entire agreement between you and Dermi.
• Severability: If any provision is unenforceable, the rest remain in effect.
• Updates: Dermi may update these Terms from time to time. For material changes, Dermi will provide at least 30 days advance notice via email to the address associated with your account and/or by posting a prominent notice on the website. The effective date of each revision will be noted at the top of these Terms. Continued use of the Services after the effective date of any updated Terms constitutes acceptance.
• Force Majeure: Dermi shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from events beyond Dermi's reasonable control, including but not limited to acts of God, government orders, pandemics, natural disasters, infrastructure failures, cyberattacks, or third-party service outages.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without Dermi's prior written consent. Dermi may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent.
• Waiver: The failure of Dermi to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Survival: The following sections shall survive termination or expiration of these Terms: Sections 4 (Acceptable Use), 5 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law and Dispute Resolution), 10 (Apple App Store Distribution), and any other provisions that by their nature should survive.
• Electronic Communications: By using the Services, you consent to receive electronic communications from Dermi for transactional, security, and administrative purposes. You agree that electronic notices satisfy any legal requirement that such communications be in writing.
• Export Controls: You agree to comply with all applicable export control and economic sanctions laws and regulations in connection with your use of the Services.

Contact

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

Telephone: +1 647-600-3140
Customer Support: support@dermi.ai
General Inquiries: info@dermi.ai
Legal: legal@dermi.ai
Support Center: https://dermi.ai/support