Evolphin Software Inc. (hereinafter referred to as the Operator) operates the website crop.photo, a web-based application for retouching and analyzing photos. These Terms and Conditions apply to all users of the platform crop.photo (the User).
2. Right to use
The User may use the service for both commercial and non-commercial purposes. The service is accessible via crop.photo (hereinafter referred to as the Platform)
The Operator has the right to restrict the use of the Platform at any time with or without cause.
By giving consent, the User agrees that the Operator may store the User’s IP address to verify use of the Platform.
3. Rights and obligations of the User
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.
The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.
4. Warranty and liability
Any warranty for the results of the software and its availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is 30 days.
The Operator is not liable for the performance of the Software, its Availability, data loss or the correctness of the results. In addition, all and any liability of the Operator is excluded unless the damage caused was intentional or the result of gross negligence. This does not apply in cases of loss of life or damage to the health of a person.
The liability of the Operator is in any case limited to the price paid for the service.
5. Confidentiality and data protection
5.1. All data protection information is available to the User at https://crop.photo/legal including our cookie & privacy policies.
6. Use of Customer Information for Marketing and Promotional Purposes
By using the Platform, the User agrees that the Operator may use the User’s company name, public-facing website content and logo for marketing or promotional purposes, including but not limited to, case studies, press releases, and other marketing material, both online and offline.
Opt-Out Provision: Users who do not wish their company name, public-facing website content or logo to be used for marketing or promotional purposes must opt-out by sending a written request to - Attn! Compliance Team, Evolphin Software Inc, 6101 Bollinger Canyon Road Suite 324D, San Ramon, CA 94584. Upon receipt of the opt-out request, the Operator will remove the User's name, company name, and logo from future marketing and promotional materials within a reasonable time frame.
Limited Scope: The Operator agrees to use the User’s company name, public-facing website content and logo in a manner that is respectful and not misleading. Any other specific details or claims related to the User will not be released without prior written consent from the User.
7. Restricted Use of the Service
The User agrees not to use the Service for, or in connection with, activities related to pornography, terrorism, creation of "fake news", or support of organizations involved in unlawful violence or discrimination based on race, religion, disability, gender, sexual orientation, or national origin. Violation of this clause may result in immediate termination of service and legal action.
8. Concluding provisions
This Agreement shall be governed by the laws of California. Venue shall be in San Francisco, California.
Any changes to this agreement must be agreed in writing between the parties (Operator and User).
If individual provisions of this Contract are considered void, unenforceable and/or invalid, it does not mean that the entire agreement is void, unenforceable and/or invalid. In such an event, the contracting parties agree that a separate provision will be included that is as close as possible, economically and commercially similar to the intent of those clauses considered void, unenforceable and/or invalid.