Terms of Service and Informed Consent

Description of Service

1. General Description: CheckMySpot is an asynchronous telehealth consultation service. Users submit digital images of a single skin lesion ("Spot") to be reviewed by board-certified dermatologists ("Providers"). Providers screen the Spot for clinically worrisome features to determine if an in-person clinic visit is necessary at the time the photo is taken. CheckMySpot notifies Users of the results of the screening, and, when indicated, refers Users for in-person examination by a board-certified dermatologist in their geographic area (CheckMySpot "Referral Site").
2. Scope of Service:
   1. CheckMySpot provides a screening service based on digital images submitted by the User. User understands that use of this screening service creates only a limited physician/patient relationship subject to the limitations of these terms and conditions. User understands use of this screening service does not create a traditional physician/patient relationship. CheckMySpot Providers will not conduct a traditional, in-person examination of the User in person, by telephone, or by videoconference. CheckMySpot Providers will not provide any medical care and treatment to User, other than this screening process.
      1. A CheckMySpot Provider can also be a Referral Site. Users could be referred to see a board-certified dermatologist who also happens to be a CheckMySpot Provider for a different state or region. In this event, a traditional patient-doctor relationship could occur, and this CheckMySpot Provider could provide medical treatment to the User, but only during the traditional in-person visit. Measures such as geographic assignment of cases to Providers and cross-referencing of business numbers insure that a CheckMySpot Provider CANNOT refer a case to him/herself. See also, 2.d., below.
   2. CheckMySpot Providers will perform a screening of a single Spot per transaction, using an online medical history and two photographs provided by the User. However, CheckMySpot Providers will not recommend or prescribe any treatment. Any follow up questions or concerns about the screening shall be directed to the CheckMySpot Physician Leader and Quality Control, J. Michael Webb, MD FAAD FACMS whose contact information is available on the CheckMySpot website.
   3. User understands the purpose of the CheckMySpot screening service is to augment, and not replace, the clinical practice, judgment, and expertise of a board-certified dermatologist conducting a complete in-person examination of the User. User acknowledges that in-person examinations of skin lesions may be more reliable and preferable for ruling out skin cancer than photographs, and User agrees to assume the risk that screening of lesions by photograph may miss some cancers that would otherwise be picked up during in-person examinations.
   4. User acknowledges that CheckMySpot does not provide in-person dermatology services. User further acknowledges and agrees that if in-person dermatology services are desired, User should seek an in-person appointment with a board-certified dermatologist.
3. Results of Screening: User will receive one of the following results of the screening:
   1. Benign: If based on the digital images submitted by the User the Spot appears to be benign, User will receive a screening result of "Benign" and be directed to continue to observe the Spot for any changes. If any changes occur, User is directed to take additional photographs of the Spot and submit them to CheckMySpot or to schedule an in-person examination with a board-certified dermatologist.
   2. Indeterminate: If based on the digital images submitted by the User the CheckMySpot Provider is unable to determine that the Spot is benign or clinically worrisome, User will receive a screening result of "Indeterminate" and will be advised to schedule an in-person examination with a board-certified dermatologist. User will be advised to see User's current dermatologist. If User's current dermatologist is a CheckMySpot Referral Site, CheckMySpot will expedite that referral. If User does not have a current dermatologist, CheckMySpot will expedite a referral to a CheckMySpot Referral Site closest to User's geographic location.
   3. Clinically Worrisome: If based on the digital images submitted by the User the Spot shows potentially malignant features, User will receive a screening result of "Clinically Worrisome" and will be directed to schedule an in-person examination by a board-certified dermatologist as soon as possible. A User who receives a screening result of "Clinically Worrisome" understands that this result indicates an urgent need for an in-person examination at the earliest available opportunity and agrees to schedule an in-person examination with User's current dermatologist or with a CheckMySpot Referral Site.

      User will be advised to see User's current board-certified dermatologist as soon as possible. If User's current dermatologist is a CheckMySpot Referral Site, CheckMySpot will provide an expedited referral. If User does not have a current board-certified dermatologist, CheckMySpot will expedite a referral to a CheckMySpot Referral Site in User's geographic area. CheckMySpot will provide a referral to a board-certified dermatologist within seven (7) days. However, because CheckMySpot does not participate in the scheduling at Referral Sites, CheckMySpot cannot guarantee an available or convenient appointment within those seven (7) days.

4. Photograph Protocol: User understands that the quality of the photograph submitted to CheckMySpot is paramount to an accurate screening by a CheckMySpot Provider. User agrees to adhere to the photograph protocol contained in the CheckMySpot User app and understands that failure to do so may interfere with the screening process. Photographs will be reviewed by CheckMySpot staff for composition, lighting, focus, and site identification as outlined in the user photograph tutorial contained in the CheckMySpot User app. User understands and agrees that photographs that have been determined by CheckMySpot staff to be inadequate for evaluation under the photograph protocol will be rejected and User will be required to submit replacement photographs prior to screening. User agrees that if the User does not submit compliant photographs, no screening will be performed.
5. Screening by Board-Certified Dermatologists:
   1. Board-certified dermatologists perform CheckMySpot screenings. All CheckMySpot Providers are licensed in the field of dermatology in the state where User resides. The licenses and qualifications of CheckMySpot Providers are verified when they join the CheckMySpot team and at least annually thereafter. CheckMySpot Providers are also required to report to CheckMySpot any changes in licensure status and any disciplinary actions related to their license within thirty (30) days.
   2. User understands that they will be provided with the name and credentials of the Provider who assesses their Spot, but any follow up questions or concerns must be directed to CheckMySpot Physician and Leader and Quality Control, J. Michael Webb, MD FAAD FACMS whose contact information is available on the CheckMySpot website.
6. Referrals for Examination and Treatment:
   1. If a User receives a screening result of "Indeterminate" or "Clinically Worrisome" User agrees that CheckMySpot will refer User for an in-person examination by a board-certified dermatologist so a final and definitive diagnosis can be made. It is specifically understood that this is a screening process that is designed to provide a preliminary diagnosis of whether the Spot is "Indeterminate" or "Clinically Worrisome" and nothing further. It is understood that CheckMySpot will not provide any treatment and that the referral for examination by a board-certified dermatologist will conclude the CheckMySpot transaction.
   2. If a User has an existing physician/patient relationship with a board-certified dermatologist, CheckMySpot will refer the User to that dermatologist. If the User's dermatologist is a CheckMySpot Referral Site, CheckMySpot will expedite the appointment.
   3. If User does not have an existing physician/patient relationship with a board-certified dermatologist, CheckMySpot will refer the User to a board-certified dermatologist at a CheckMySpot Referral Site located in User's geographic area.
   4. User understands that if a referral is made, CheckMySpot cannot guarantee that User will obtain an appointment within seven (7) days of referral. CheckMySpot does not participate in the scheduling of appointments for referral visits. User understands that use of the CheckMySpot service does not waive the User's responsibility to abide by all policies and procedures of the Referral Site office, including but not limited to their billing practices and financial policies.
   5. Referrals made through the CheckMySpot screening service will comply with all federal and state laws regarding referrals. Neither CheckMySpot nor any of the CheckMySpot Providers receive any form of compensation or anything of value in exchange for any referral made through the CheckMySpot screening service.
   6. A User referred to a Referral Site may receive a survey regarding User's satisfaction with their visit with the Referral Site dermatologist.
7. Additional Comments by CheckMySpot Providers:
   1. In addition to the screening results described above, User understands and agrees that CheckMySpot Providers may offer additional comments regarding User's results. These comments may include, but are not limited to, a differential diagnosis of what the Spot in the photograph may represent. These comments are based upon the clinical experience of the Provider and are intended solely to help educate the User regarding the potential range of diagnoses that may be provided at a subsequent clinical visit. User understands and agrees that the screening services provided by CheckMySpot are not a substitute for an in-person clinic visit where the Spot can be better assessed for a final and definitive diagnosis.
   2. User understands and agrees that CheckMySpot accepts no liability for the Provider's additional comments including the potential diagnoses suggested by the Provider or the omission of any potential diagnoses from these comments. User understands and agrees that comments from Providers are intended to help educate the User regarding potential diagnoses that could be determined after a subsequent in-person examination by a board-certified dermatologist.
   3. User understands and agrees that any questions or concerns about the additional comments or further questions or concerns about the screening will be submitted to the CheckMySpot Physician Leader and Quality Control, J. Michael Webb, MD FAAD FACMS, whose contact information is available on the CheckMySpot website.
8. Agreement to Seek Follow Up Screening or Examination:
   1. User agrees to follow CheckMySpot guidelines for seeking follow up examination and treatment and understands that failure to do so may compromise User's health and safety.
   2. User understands and agrees that a photograph simply represents the Spot's appearance at a single point in time and that Spots that initially appear benign can develop clinically worrisome features and degenerate into a skin cancer very quickly.
   3. User understands and agrees that if User submits a photograph of a Spot to CheckMySpot for screening and receives a result of "Benign" that it is User's responsibility to monitor the subject Spot for subsequent changes in appearance and to seek additional screening or examination following any such changes.
   4. User understands and agrees that CheckMySpot does not accept any liability for User's failure to comply with CheckMySpot guidelines or with CheckMySpot's recommendations to continue to observe Spots for changes and seek further screening or examination if changes occur.
9. Storage of Photographs for Comparison:
   1. User understands and agrees that CheckMySpot will maintain submitted photographs and screening results as part of the User's CheckMySpot record. User is encouraged to access their prior submissions to compare photographs of Spots at different points in time. There is no additional fee for storage of the photographs submitted as part of the CheckMySpot screening.
   2. User understands and agrees that if User desires to submit a subsequent photo of the same Spot for screening by a CheckMySpot Provider for comparison to a previous photograph, this submission and review will constitute a separate transaction and the User will be charged the standard CheckMySpot screening fee for the additional screening.

Additional Limitations on Service

1. The CheckMySpot screening service is based on digital images of a Spot at a single point in time and is therefore limited in scope. User understands there is no substitute for a traditional in-person clinic visit with a board-certified dermatologist to determine the diagnosis of a Spot. User understands that CheckMySpot does not replace a traditional in-person clinic visit with a board-certified dermatologist.
2. The CheckMySpot screening is available for skin Spots only. Screening is not available for rashes or other skin conditions. Individuals with rashes or other skin conditions should seek in-person examination by a board-certified dermatologist.
3. User understands that if they need advice for the same Spot more than 4 times in a 12-month period, they will not use CheckMySpot services, but will have the Spot assessed in-person by a board-certified dermatologist. If screening is nevertheless requested for the same Spot more than 4 times in a 12-month period, CheckMySpot will refer the User for an in-person examination.

Confidentiality

1. All communications through CheckMySpot will comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. User understands and agrees that CheckMySpot will transmit all medical information including, but not limited to, submitted photographs via standard SSL encrypted formats on HIPAA compliant servers. User acknowledges and accepts that CheckMySpot is not responsible for data breaches or inaccessibility of photographs or screening results due to failure of third-party Microsoft Azure secure systems.

Consent to Use and Storage of Photographs

1. User understands and agrees that all photographs submitted to CheckMySpot may be used for educational or promotional purposes. Photographs selected for use in educational or promotional materials will not contain any information that would identify the User. User grants CheckMySpot permission to use any and all photos submitted to CheckMySpot for educational and promotional purposes.

Consent for Release of Medical Information

1. In the event a referral is recommended by CheckMySpot, the user does hereby give consent for the physician performing the referral service(s) to release to CheckMySpot, a copy of my medical records related to the referral visit. This includes, but is not limited to, lab tests, pathology reports, and the referral site physician's office visit note and impression. User understands that this information will be used by CheckMySpot for the purposes of medical evaluation and tracking of my health status. User also understands that my health information will be kept confidential in accordance with applicable privacy laws and regulations, including HIPAA, and will not be disclosed to any other third party without my explicit consent. This consent is valid for the duration of the medical treatment process and is effective from the date of service by CheckMySpot. User may withdraw consent at any time by notifying the dermatologist office and CheckMySpot in writing.

Last revised 02/25/2025