1.1. EasyAI (hereinafter referred to as the Operator) operates the website dewatermark.ai, a web-based application for editing photos. These Terms of Use apply to all users of the platform dewatermark.ai (hereinafter: the User).
2.1. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.
2.2. Your Content
2.2.1. Content. “Content” means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software. We reserve the right (but do not have the obligation) to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of the Terms. We do not review all Content uploaded to the Services and Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
2.2.2. Licenses to Your Content. Solely for the purposes of operating or improving the Services and Software, you grant us a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content. For example, we may sublicense our right to the Content to our service providers or to other users to allow the Services and Software to operate as intended, such as enabling you to share photos with others. Separately, section 4.5 (Feedback) below covers any Feedback that you provide to us.
2.2.3. Ownership. As between you and dewatermark.ai, you (as a Business User or a Personal User, as applicable) retain all rights and ownership of your Content (or where applicable, you must ensure that you or the Business (as applicable) have a valid license to the Content). We do not claim any ownership rights to your Content.
2.2.4. Sharing Your Content.
(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(B) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or Sharing your Content.
(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. In some Services and Software, your comments may be deleted by you, by other users, or by us.
(D) Removing Your Content. If you delete Content (excluding Feedback) from the Services and Software, we will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may be retained as part of our routine backups, and we are not responsible for any use of Content that you have Shared or made public.
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.
4.1. 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 EUR 100.00.
5.1. All data protection information is available to the User at www.dewatermark.ai/policy.
6.1. Legal disputes arising from this Contract are governed exclusively by Austrian law. Application of the UN Convention for the International Sale of Goods, the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.
6.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Vienna-Inner City, Austria.
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 German, 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 German-language contract text, then only the original German-language contract text shall be valid; under no circumstances shall a retranslation of the translated version be used.