Terms of use

1. Preamble

1.1. SharkFoto Inc. (hereinafter referred to as the Operator) operates the website sharkfoto.com, a web-based application for editing photos. These Terms of Use apply to all users of the platform sharkfoto.com (hereinafter: the User).

2. Rights of use

2.1. The User may use the platform which is accessible under sharkfoto.com exclusively for non-commercial purposes. This means that all results from the platform (hereinafter: the Platform) may only be used privately. Use for (direct or indirect) commercial purposes is excluded.

2.2. The Operator has the right to restrict the use of the Platform without giving reasons or blocking Users.

2.3. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.

3. Rights and obligations of the User

3.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software, or integrate malware into the software.

3.2. The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, and trademark rights) for processing the uploaded photos.

4. Warranty and liability

4.1. Any warranty for the results of the software and its availability is excluded. If nevertheless, a warranty claim should exist, the warranty period is six months.

4.2. The Operator is not liable for the speed of the Software, its Availability, data loss, or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.

4.3. The liability of the Operator is, in any case, limited to USD 10.00.

5. Confidentiality and data protection

5.1. All data protection information is available to the User at sharkfoto.com/turst/privacy/.

6. Concluding provisions

6.1. Changes and/or additions to this Contract must be made in writing to be valid; a written form is also required for departure from this formal requirement.

6.2. Should individual provisions of this Contract be void, unenforceable, and/or invalid, this shall not result in the invalidity, unenforceable, and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision that is as close as possible economically to the purpose pursued by the void, unenforceable, and/or invalid provision to replace the void, unenforceable, and/or invalid provision.