2. Rights of use
2.1. The Operator has the right to restrict the use of the Platform without giving reasons or to block Users.
2.2. 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, 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 three 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 $10,000.00 USD.
5. Confidentiality and data protection
5.1. All data protection information is available to the User at www.double4.ai/privacy.
6. Concluding provisions
6.1. Legal disputes arising from this Contract are governed exclusively by the state of Iowa law.
6.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in the state of Iowa.
6.3. Changes and/or additions to this Contract must be made in writing to be valid; written form is also required for departure from this formal requirement.
6.4. Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which 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.
6.5. If these Terms of Service are presented by the Operator in a language other than English, the translation was prepared by an independent specialist translator certified to ISO 17100:2015 and proofread by at least one other specialist translator. If, in the case of dispute, a court insists on a English-language contract text, then only the original English-language contract text shall be valid; under no circumstances shall a retranslation of the translated version be used.