⚠ IMPORTANT DISCLAIMER — READ CAREFULLY
Derm2Check is a digital marketplace platform that connects patients with independent, self-employed dermatologists.
The platform itself does NOT provide medical treatment, does NOT issue prescriptions or referrals, and does NOT practice medicine.
All medical assessments, diagnoses, advice and treatment decisions are made exclusively and independently by the registered, licensed dermatologists on the platform.
The AI DermaWizard (“Quick AI Check”) provides only a preliminary, non-diagnostic orientation and does NOT constitute a medical judgment or diagnosis.
Derm2Check (operated by Webcamconsult B.V.) accepts no liability for the medical content of consultations performed by independent physicians on the platform.
These General Terms and Conditions apply to all offers and agreements in which Webcamconsult B.V., trading under the name ‘Derm2Check’, acts as supplier, as well as to the use of the Derm2Check platform.
SECTION 1: General
1. General provisions and definitions
This article determines how certain terms in these General Terms and Conditions should be understood.
1.1 These General Terms and Conditions are divided into: (a) a general section that applies to all Users of the Platform; (b) a specific section with rules for Clients; and (c) a specific section with rules for Physicians (Service Providers).
1.2 In these General Terms and Conditions, the following definitions apply:
- Client: The contractual counterparty of the Supplier; in some cases also the Service Provider or a legal entity that makes the Platform available to a Service Provider within its organization.
- Service(s): All services provided to the Client under the Agreement, including the provision of the Platform.
- Physician / Service Provider: A User of the Platform who provides medical services to Customers; a licensed and independently practicing dermatologist or other qualified medical professional.
- User(s): All visitors to the Platform, including Service Providers and Customers.
- Customer: A User of the Platform who receives services from a Physician; typically a patient.
- Supplier: Webcamconsult B.V., located in Bergen op Zoom and registered in the Trade Register under number 67385508, trading under the name Derm2Check.
- Agreement: The agreement between the Supplier and the Client, of which these General Terms and Conditions form part.
- Platform: The digital marketplace platform ‘Derm2Check’ that enables Users to connect, book consultations and use health-related services, including payment processing and AI-assisted triage tools.
- Quick AI Check: An AI-driven preliminary orientation tool available on the Platform. This is not a diagnosis or medical advice.
2. Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer, every quotation and every Agreement in connection with the Platform and related services. Purchase or other terms and conditions of the Client and/or User are expressly not applicable.
2.2 Further agreements between the Supplier and the Client prevail over these General Terms and Conditions only if agreed in writing and expressly established by the parties.
2.3 The Supplier reserves the right to amend or supplement these General Terms and Conditions. Continued use of the Platform after an amendment constitutes acceptance of the new terms and conditions.
2.4 Additional general terms and conditions of Physicians who provide services to Customers may also apply. The Supplier is not a party to these. In case of conflict, these General Terms and Conditions prevail.
3. General aspects of the Service
3.1 The Supplier performs its Services on the basis of a best-efforts obligation, unless a performance obligation is expressly included in the Agreement.
3.2 The Supplier makes every effort to ensure that the Platform functions correctly and is available without interruption.
3.3 The Supplier does not offer guarantees regarding quality or availability, unless expressly agreed otherwise.
3.4 The Supplier is not liable for the quality and availability of third-party services (such as payment service providers).
3.5 The Supplier may take the Platform (partially) out of service for maintenance without liability for damage. It limits downtime as much as possible and informs Users about scheduled maintenance.
3.6 The Supplier is available for reasonable remote support via email (support@webcamconsult.nl) during office hours (UTC+1/CET).
3.7 The Supplier’s responsibility is limited to the provision of the Platform. The Supplier is not a party to the medical service agreement between a Physician and a Customer and bears no responsibility for the quality of the medical care provided. Complaints about medical services should be directed directly to the relevant Physician.
4. Terms of use
4.1 Users are prohibited from violating laws and regulations, infringing the rights of third parties or otherwise acting unlawfully when using the Platform.
4.2 Users refrain from causing nuisance to others or damaging the Supplier’s systems or networks.
4.3 The Supplier may take all measures it reasonably deems necessary to prevent or limit risks to the Platform, including blocking a User’s access.
4.4 The Supplier is entitled to report (alleged) criminal offenses to competent authorities, including medical disciplinary bodies, and to provide identifying information to third parties whose rights are being violated, provided the complaint is sufficiently plausible.
4.5 The Client ensures that its employees and other Users under its supervision are aware of these terms of use and comply with them.
5. Account
5.1 Physicians must create an account to use the Platform. Customers may also create an account, but are not required to do so.
5.2 By creating an account, the User declares to agree to these General Terms and Conditions.
5.3 Users must provide complete, accurate and truthful information. Creating accounts under a false name is not permitted.
5.4 A Physician may only offer services under one brand or trade name per account.
5.5 Accounts are personal. Users are individually responsible for the confidentiality of their login credentials.
5.6 The Supplier may suspend or terminate access to the account at any time, particularly in case of violation of these General Terms and Conditions.
5.7 The Supplier is not liable for damage resulting from termination of access to the account.
6. Intellectual property
6.1 All intellectual property rights relating to the Services, the Platform, software, content, analyses, designs, documentation and reports rest exclusively with the Supplier or its licensors.
6.2 The Client only acquires the usage rights and powers that arise from the purpose of the Agreement.
6.3 The Client is not permitted to remove or modify indications of intellectual property rights.
6.4 The Supplier may take technical measures to protect its software. The Client may not circumvent this security.
6.5 If the Client provides data for inclusion in the Platform’s database, the Client retains the intellectual property rights thereto, but grants the Supplier an irrevocable license to use that data for the functioning of the Platform. This license ends upon deletion of the Physician’s account and confirmed deletion of the relevant data from the Platform, unless the data has been anonymized or aggregated in such a way that it can no longer be attributed to the Client.
6.6 The Client grants the Supplier a license to display the Client’s company name and/or logo on the Supplier’s website and Platform, for the duration of the Agreement. After termination of the Agreement, the Supplier will remove the Client’s name and/or logo from its website and Platform within a reasonable period of maximum thirty (30) days.
7. Liability
7.1 The Supplier’s liability for direct damage as a result of an attributable shortcoming is limited per event or series of related events to the fees owed by the Client per year (excluding VAT).
7.2 The Supplier is not liable for indirect damage, including consequential damage, lost profits, missed savings, data loss, reputational damage or business stagnation.
7.3 Liability only arises if the Client has put the Supplier in default in a timely and correct manner with a reasonable remedy period.
7.4 Rights to compensation expire if the Supplier has not been notified in writing within thirty (30) days of occurrence. Claims expire after twenty-four (24) months.
7.5 The exclusions and limitations of liability also apply for the benefit of natural persons and legal entities that the Supplier engages in the performance of the Agreement.
8. Force majeure
8.1 Neither party can be obliged to fulfill any obligation if a situation beyond its control prevents it from doing so reasonably.
8.2 Force majeure includes: disruptions in public infrastructure, internet disruptions, power outages, civil war, mobilization, war, blockades, strikes, epidemics, fire, floods and terrorist attacks.
8.3 If a force majeure situation continues for more than three (3) months, either party is entitled to dissolve the Agreement. Services already performed will be settled pro rata.
9. Other provisions
9.1 Dutch law applies to the Agreement.
9.2 Disputes will be submitted exclusively to the competent court in the district of the Supplier’s place of business, unless the parties reach an amicable settlement.
9.3 The Client is not entitled to transfer its rights and obligations under the Agreement to third parties without prior written consent from the Supplier (except in case of takeover of the business).
9.4 If a provision proves to be null or voidable, this does not affect the validity of the Agreement as a whole.
9.5 In case of conflict between the website or brochures and the Agreement, the Agreement prevails.
9.6 The Supplier’s log files and administrative data serve as authentic evidence.
SECTION 2: Specific Provisions for Clients
10. Offers
10.1 All offers and quotations are non-binding and revocable until the Supplier confirms the conclusion of the Agreement in writing. An offer automatically expires if not accepted within thirty (30) days.
11. Prices and payment
11.1 All prices are exclusive of VAT and other government levies, unless expressly stated otherwise. Payment is made in the indicated currency.
11.2 Prices on the website and in all documentation may contain programming or typing errors. The Supplier is entitled to apply differentiated prices.
11.3 If a price is based on incorrect information from the Client, the Supplier is entitled to adjust the price accordingly.
11.4 Periodic payment obligations can be adjusted in writing with a notice period of at least three months. If the Client does not agree, they can terminate the Agreement within thirty (30) days.
11.5 The Supplier invoices electronically and is entitled to charge periodic fees in advance.
11.6 The payment term is fourteen (14) days after the invoice date, unless otherwise agreed.
11.7 The Client is not entitled to suspension or set-off.
12. Obligations of the Client
12.1 The Client is obliged to provide all data necessary for the performance of the Agreement in a timely and correct manner.
12.2 The Supplier is entitled to engage third parties in the performance of the Agreement.
12.3 The Client immediately informs the Supplier of changes to its contact details.
12.4 Non-compliance with any obligation constitutes default by operation of law.
12.5 In case of default, the Client owes statutory interest and the Supplier is entitled to suspend the Services.
12.6 The Supplier retains all claims in case of lawful suspension, including the right to payment and compensation.
12.7 If the Supplier processes personal data on behalf of the Client, the Supplier acts as ‘processor’ and the Client as ‘controller’. A separate processing agreement will be concluded.
13. Performance of the Agreement
13.1 Changes to the Agreement are considered additional work and will be charged accordingly.
13.2 Acceptance is deemed to have taken place as soon as the Client has put the Platform into productive use, unless an explicit acceptance procedure has been agreed.
13.3 Unless maximum storage capacities have been agreed, a fair-use policy applies.
14. Duration, termination and dissolution
14.1 Unless otherwise agreed, the Agreement is entered into for an indefinite period and is tacitly extended.
14.2 In case of termination, a notice period of one (1) calendar month applies.
14.3 Either party is entitled to dissolve the Agreement with immediate effect in writing if: (a) the other party ceases to exist; (b) the other party has been declared bankrupt or has applied for suspension of payments; (c) the other party no longer carries out activities; (d) the other party fails to fulfill a material obligation and does not remedy this within 30 days after notice of default; or (e) circumstances occur of such a nature that maintenance of the Agreement cannot reasonably be required according to standards of reasonableness and fairness.
14.4 The Supplier is entitled to dissolve the Agreement and block access if a Physician acts in violation of these General Terms and Conditions or serious complaints are received from third parties.
14.5 Upon termination of the Agreement, all amounts to be received by the Supplier are immediately due and payable.
14.6 After termination of the Agreement, the Supplier is entitled to block the Client’s access to the Platform with immediate effect.
SECTION 3: Specific Provisions for Physicians
15. General obligations of Physicians
15.1 The Physician commits to the Supplier to provide medical services to Customers with the required care, in compliance with all applicable laws and regulations and professional standards in the country of practice.
15.2 The Physician acts at all times as a reasonably competent and reasonably acting medical professional.
15.3 The Supplier is not responsible for shortcomings of the Customer, including failure to appear for an appointment (‘no show’) or non-payment.
15.4 The Physician indemnifies the Supplier against all damage, losses or claims arising from inadequate performance of medical services by the Physician.
15.5 The Physician processes personal data of Customers in accordance with applicable privacy legislation, including the GDPR.
16. Rates, consultation types and platform fee
16.1 The Physician independently determines the rates for email consultations, video consultations and other digital services offered via the Platform. The Supplier may make non-binding recommendations about market-based pricing. Such recommendations do not affect the Physician’s independent authority to determine rates.
16.2 The Supplier may apply a platform fee or commission structure, depending on the number of completed consultations, the number of paid consultations, the type of consultation, or a subscription structure in combination with usage-based fees.
16.3 The Supplier reserves the right to change the fee structure in accordance with Article 11.
16.4 Transaction costs from external payment service providers, including Stripe Connect and/or PayPal Multiparty, are for the account of the Physician and may be automatically offset.
16.5 In case of cancellations or refunds, the Supplier may proportionally adjust or reclaim the related platform fee.
17. Payment platform integration and account verification
17.1 To receive payments, the Physician must link an active and verified account to the payment service provider(s) designated by the Supplier.
17.2 By activating this integration, the Physician agrees to the terms and conditions of the relevant payment service provider.
17.3 The Supplier is not liable for interruptions, verification procedures, account suspensions or other actions by the payment service provider.
17.4 The Physician is solely responsible for: accurate and current bank details; maintaining a valid payout account; and compliance with AML, KYC and other regulatory obligations.
17.5 Without a valid and verified payment account, the Physician’s profile may be suspended and no paid consultations can be offered.
18. Availability and management of video consultations
18.1 If the Physician offers video consultations, the Physician must keep their availability current in the Platform or communicate it to the Supplier in a timely manner.
18.2 If no availability is registered, the video consultation functionality may be automatically disabled or hidden.
18.3 The Physician remains responsible for: punctually attending scheduled consultations; informing Customers in urgent circumstances; and rescheduling appointments if necessary.
18.4 The Supplier is not liable for missed appointments that are the Physician’s fault.
19. Response time for paid email advice
19.1 The Physician commits to respond substantively to a paid email advice request within a maximum of forty-eight (48) hours after receipt, unless expressly agreed otherwise.
19.2 If the Physician structurally fails to meet this response time, the Supplier may temporarily suspend the account, deactivate the email consultation functionality or take other appropriate measures.
19.3 The Physician remains solely responsible for the medical content and quality of the advice provided.
19.4 Prescriptions and referrals via email
The Physician is not permitted to issue prescriptions, medication authorizations, medical certificates, referrals or similar formal medical documents solely on the basis of an email consultation conducted via the Platform.
If the Physician, in their professional judgment, believes that a prescription or referral may be medically indicated, the Physician must request the Customer to schedule a video consultation or physical consultation, so that an adequate medical assessment, additional questioning and proper verification are possible before such documents are issued.
The Physician remains solely responsible for compliance with all applicable national laws and regulations and professional requirements regarding telephone and digital prescribing and referring.
20. Website content, profile pages and editorial rights
20.1 The Physician may create and manage a public profile and/or practice page within the platform environment.
20.2 The Physician remains fully responsible for the accuracy, legality and medical correctness of submitted content.
20.3 The Supplier reserves the right to: edit or rephrase texts; correct language or formatting; remove misleading, unlawful or non-compliant content; and temporarily or permanently remove content that violates laws and regulations or platform policy.
20.4 The Supplier is not liable for consequences of editorial adjustments made in good faith.
21. Tax and VAT responsibility
21.1 The Physician is fully responsible for compliance with all applicable tax legislation in the country of establishment, including VAT obligations.
21.2 The Physician must independently determine and apply the correct VAT treatment. In many jurisdictions, medical services to patients are exempt from VAT; however, the Supplier does not provide tax advice and accepts no liability for incorrect VAT application.
22. Participation conditions for Derm2Check
22.1 To participate in Derm2Check and provide online medical services, the Physician must have a formally recognized medical degree and be registered in the competent medical register in the country of practice.
22.2 The Physician must ensure that this registration remains valid and unrestricted.
22.3 The Physician is solely responsible for obtaining and maintaining adequate legal protection and professional liability insurance, comparable to that required for physical consultations.
22.4 The Physician is free to determine their consultation rates. The Supplier advises consulting the rates of fellow physicians on the Platform and applying market-based rates.
22.5 Participation in Derm2Check requires an active subscription to Doctor2Go.
22.6 After a possible pilot period, an evaluation may take place. Based on this, the Supplier may present a customized subscription proposal. Without a valid subscription, the Physician’s account and consultation functionalities may be deactivated.
22.7 Derm2Check operates in accordance with applicable standards for information security in healthcare. Webcamconsult B.V. has NEN7510 and ISO 27001 certification.
22.8 Notwithstanding the foregoing, the Physician remains independently responsible for compliance with all applicable healthcare, medical and privacy legislation regarding the services provided via the Platform.
SECTION 4: AI tools and Platform limitations — Disclaimer
23. Nature and scope of the Derm2Check platform
23.1 Derm2Check is a digital marketplace platform. Its sole function is to facilitate contact between Customers seeking dermatological advice and independent, licensed Physicians who offer such services.
23.2 Derm2Check does NOT provide:
- Medical diagnoses, assessments or treatment recommendations;
- Prescriptions or medication prescriptions of any kind;
- Medical certificates, referrals or formal medical documents;
- Employment relationship with the Physicians registered on the Platform — all Physicians are independent professionals;
- Guarantees for a specific medical outcome or the suitability of advice for a user’s individual situation.
23.3 All medical decisions, diagnoses, treatment plans and advice are the exclusive and own responsibility of the individual Physician who provides them.
24. Disclaimer for Quick AI Check (AI DermaWizard)
IMPORTANT: The Quick AI Check / AI DermaWizard is NOT a diagnostic tool.
24.1 The Quick AI Check (AI DermaWizard) is an AI-driven preliminary orientation tool intended to help users identify possible areas of concern and prepare for a consultation with a Physician. It is offered solely for information and orientation.
24.2 The Quick AI Check expressly does NOT constitute:
- Medical diagnosis;
- Medical advice or medical judgment;
- Replacement for a consultation with a licensed dermatologist or other physician;
- Clinical assessment of a skin condition;
- Taking into account individual medical history, contraindications, allergic and/or other patient-specific factors.
24.3 The results of the Quick AI Check are algorithmically generated and have not been assessed or validated by a medical professional regarding the Customer’s individual situation.
24.4 Customers are strongly advised to consult a qualified Physician before taking action based on the outcome of the Quick AI Check.
24.5 The Supplier expressly disclaims all liability for damage, loss or injury arising from the use of the outcomes of the Quick AI Check.
24.6 The Quick AI Check is NOT intended for use in medical emergencies. In case of a medical emergency, the Customer should immediately contact local emergency services.
25. Disclaimer for services provided by Physicians via the Platform
25.1 The Physicians registered on Derm2Check are independent, self-employed medical professionals. They are not employees or representatives of Webcamconsult B.V. or Derm2Check.
25.2 The Supplier provides no guarantees regarding:
- The medical qualifications, competence or experience of individual Physicians;
- The suitability of a particular Physician for a Customer’s specific medical needs;
- The accuracy, completeness or appropriateness of medical advice given by Physicians;
- The availability of a particular Physician at any time.
25.3 Each Physician independently determines their methods, scope of practice, rates and service conditions. The Supplier has no authority to overrule decisions a Physician makes in the exercise of their professional medical judgment.
25.4 The Platform facilitates the booking and execution of consultations, but does not supervise or validate the medical content of consultations.
25.5 Complaints about medical services provided by a Physician should be directed directly to the relevant Physician. The Supplier is not liable for the medical actions of Physicians but will monitor through reviews on the Platform.
25.6 Remote consultations (including email advice and video consultations) have inherent limitations. A Physician’s ability to assess a condition remotely may be more limited than during a physical consultation. Customers receiving a remote assessment should be aware that the Physician may recommend a physical examination for a complete evaluation.
26. Medical emergencies
Derm2Check is NOT a service for medical emergencies. In case of a medical emergency, immediately call emergency services (112 in Europe).
26.1 The Platform and the Physicians are not equipped to handle medical emergencies. Neither the Platform nor the Quick AI Check may be used as a substitute for emergency medical care.
26.2 Customers with symptoms that may indicate a medical emergency are advised not to use the Platform but to seek immediate medical help.