Terms of Service

1. Preamble

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

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

8. Billing and Credit Usage

• Credit Allocation: Each subscription plan includes a set number of credits provided at the start of each billing term, which may be monthly, quarterly, yearly, or based on another agreed-upon period. These credits reset at the beginning of each new term, and unused credits do not carry over.
• Credit Consumption: Credits are used based on the specific type of operation performed. The details of how credits are consumed for different operations can be found in our help site subscription documentation.
• Plan Modifications Customers can upgrade or adjust their subscription plans at any time. Plan changes take effect immediately. Credits will only transfer between terms if the account maintains its paid subscription level. Any transition to a free trial will result in immediate forfeiture of all remaining credits.
  
• Billing cycle correspond to the chosen subscription term, such as monthly, quarterly, or yearly. Any changes to a plan mid-cycle such as upgrades will reset the billing date.
  
• Partial Payment Credits are issued proportionally to payments received for subscription plans with multiple installments (e.g., quarterly installments within an annual term). To maintain active paid status and prevent transition to a free trial account, all installment payments must be received by their due dates. If any installment payment is missed, the account will transition to a free trial status, and all credits from the previous installment period will expire at the end of that installment period.
  
• Discounts are contingent upon fulfilling all obligations specified in the agreed-upon contract, invoice, or quote terms. These obligations may include marketing commitments, case studies, or other specified requirements. Failure to meet these obligations will result in the reversal of applied discounts, reversion to standard rates, and retroactive billing for previously applied discounts.
  
• Non-Payment Consequences and Usage Responsibility: All declined transactions or unpaid dues, regardless of payment method, must be remedied immediately. Services used are non-refundable. Customers are responsible for reviewing and understanding all billing implications before starting any automation or billing operations. We are not responsible for improper operation by the User that triggers billing events. Questions about potential charges should be directed to Support before starting any automation or billing operations. A 10% service charge applies to outstanding balances after 5 days, followed by debt collection and possible credit score impact after 10 days, with no exceptions.
  

9. 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.