Terms of Service

Welcome to Surfspotter. These Terms of Service ("Terms") govern your access to and use of our platform, including our website, mobile applications, and all related services (collectively, the "Service"). By creating an account or using any part of the Service, you agree to be bound by these Terms.

1.1 Who Can Use Surfspotter

To use our Service, you must:

• Be at least 13 years old (or the minimum age in your jurisdiction)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Not have been previously banned from the Service
• Agree to these Terms and our Privacy Policy

1.2 Account Types

Surfspotter offers the following account types:

• Surfer — Browse photos, purchase images, interact with the community
• Photographer — Upload photos, sell images, manage galleries and bookings
• Surf School — Manage students, share session photos, promote services

1.3 Account Responsibility

You are responsible for all activity that occurs under your account. Keep your password secure and notify us immediately if you suspect unauthorized access. We are not liable for any loss resulting from unauthorized use of your account.

2.1 Your Content

You retain full ownership of all content you upload to Surfspotter, including photos, text, and profile information. By uploading content, you grant Surfspotter a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your content within the Service. This license ends when you delete your content or account.

2.2 Content Standards

All content must comply with these standards:

• Must be your original work or you must have permission to share it
• Must not contain explicit, violent, or hateful material
• Must not infringe on any third-party intellectual property rights
• Must not contain malware, spam, or misleading information

2.3 Photo Licensing

When a surfer purchases a photo, they receive a personal-use license that allows them to:

• Download the full-resolution image
• Print for personal, non-commercial use
• Share on personal social media with photographer credit
• Use as personal wallpaper or profile photos
• Print on merchandise through Surfspotter’s merch feature
• Gift digital copies to friends and family (non-commercial)

2.4 Prohibited Uses

Purchased photos may not be resold, sublicensed, used in commercial advertising, or redistributed in any form without the explicit written consent of the photographer. Violation may result in account termination and legal action.

3.1 What We Use AI For

Surfspotter uses artificial intelligence for the following features:

• Face detection and matching to help surfers find their photos
• Smart tagging and categorization of surf photos
• Gear-based matching using wetsuit, board, and accessory recognition
• Photo quality scoring and recommendations

3.2 Gear-Based Matching

Our gear-based matching system identifies equipment in photos to help match surfers with their images:

• Wetsuit brand, color, and pattern recognition
• Surfboard shape, size, and design identification
• Accessory detection (leash color, fin setup, etc.)
• Beach location and wave condition matching
• Session time-window correlation

Gear matching works alongside face recognition to improve accuracy, especially in challenging conditions like heavy spray or distant shots.

3.3 Your Rights Over AI Data

You have full control over your AI-processed data:

• Opt out of face recognition at any time in Settings
• Delete all stored face embeddings instantly
• View what gear profiles are associated with your account
• Export or delete all AI-related data

3.4 AI Limitations

AI features are provided as-is and may not always be accurate. Surfspotter is not responsible for incorrect matches, missed detections, or misidentifications. AI matching is a convenience tool and does not replace manual photo search.

4.1 Payment Processing

All payments are processed securely through Stripe:

• We never store your full credit card information
• Payments are processed in the currency shown at checkout
• Prices include applicable platform fees
• All sales are subject to our Refund Policy

4.2 Photographer Payouts

Photographers receive payouts through Stripe Connect:

• Revenue split: photographer receives the majority, Surfspotter retains a platform fee
• Payouts are processed on a regular schedule set by Stripe
• Minimum payout threshold may apply depending on your region

4.3 Refunds

Refunds are handled according to our Refund Policy. Digital photo purchases are generally non-refundable due to their instant-download nature, with exceptions for technical issues or unauthorized purchases.

4.4 Credits System

Surfspotter credits can be earned through community engagement (likes milestones, referrals) and purchased directly. Credits can be used toward photo purchases and merch orders. Credits are non-transferable and expire 12 months after issuance unless otherwise stated.

4.5 Platform Fees

Surfspotter charges the following fees:

• Photo sales: Platform fee deducted from each sale
• Merch orders: Production cost + platform margin
• Marketplace listings: Commission on completed sales
• Booking fees: Service fee on photography bookings
• Credit purchases: Listed price, no additional fees
• Subscription plans: Monthly or annual pricing as listed
• Free tier: Basic features at no cost, with optional upgrades

The Ding Market is Surfspotter’s peer-to-peer marketplace for buying and selling surf equipment, boards, wetsuits, and accessories.

5.1 Seller Obligations

As a seller on Ding Market, you agree to:

• Provide accurate and honest item descriptions
• Upload real photos of the actual item being sold
• Ship items within the stated timeframe
• Respond to buyer inquiries within 48 hours
• Accept returns for items not as described

5.2 Buyer Protections

As a buyer on Ding Market, you are protected by:

• Item-not-received guarantee (up to 30 days after purchase)
• Not-as-described dispute resolution
• Secure payment escrow via Stripe
• Seller verification and reputation system
• Full refund if item is counterfeit
• Photo evidence requirement for all disputes
• Mediation by Surfspotter support team

5.3 Prohibited Items

The following items may not be sold on Ding Market:

• Stolen or counterfeit goods
• Items with undisclosed damage or defects
• Non-surf-related products
• Services (use the Bookings feature instead)
• Digital items (use the Photo Marketplace instead)

5.4 Shipping & Delivery

Sellers are responsible for shipping arrangements:

• Shipping method and cost must be stated in the listing
• Tracking information must be provided within 48 hours of payment
• Items must be packaged appropriately to prevent damage
• International shipping restrictions and customs duties are the buyer’s responsibility

5.5 Fees & Commissions

Ding Market charges the following fees:

• Listing fee: Free for the first 5 listings per month
• Sales commission: Percentage deducted from completed sales
• Promoted listings: Optional paid promotion for increased visibility
• Payment processing: Standard Stripe processing fees apply

5.6 Prohibited Behavior

The following behavior will result in suspension or ban from Ding Market:

• Shill bidding or fake reviews
• Price manipulation or bait-and-switch tactics
• Circumventing the platform for direct transactions
• Harassment of buyers or sellers
• Repeated failure to ship or respond
• Listing items you do not own or intend to sell

6.1 Buyer Protection

Buyers are protected in the following situations:

• Item not received: Full refund if item is not delivered within 30 days
• Significantly not as described: Full refund or partial refund after review
• Counterfeit item: Immediate full refund and seller penalty
• Damaged in transit: Refund or replacement depending on shipping insurance

6.2 Seller Protection

Sellers are protected in the following situations:

• False claims: Seller not penalized for buyer remorse or change of mind
• Proof of shipment: Tracking data protects against false non-receipt claims
• Accurate descriptions: Sellers with detailed photos and descriptions have stronger dispute defense
• Reputation system: Verified sellers with good ratings receive benefit of the doubt in disputes

6.3 Dispute Resolution Process

When a dispute arises:

1. Step 1: Buyer contacts seller directly through in-app messaging
2. Step 2: If unresolved after 3 days, either party can escalate to Surfspotter Support
3. Step 3: Support reviews evidence from both parties (photos, messages, tracking)
4. Step 4: A decision is issued within 5 business days
5. Step 5: Refund, partial refund, or case closure based on findings

6.4 Evidence Requirements

For dispute resolution, the following evidence may be requested:

• Photos of item received vs. listing photos
• Shipping tracking information and delivery confirmation
• Communication history between buyer and seller
• Original listing details and description
• Any additional documentation (receipts, certificates, etc.)

6.5 Fraud Prevention

Surfspotter employs multiple fraud prevention measures:

• Identity verification for sellers listing items above a threshold
• Payment escrow holding funds until buyer confirms receipt
• Behavioral analysis detecting suspicious listing patterns
• Community reporting allowing users to flag suspicious activity

6.6 Limitations

Buyer & Seller Protection does not cover:

• Transactions outside Surfspotter — No protection for payments made outside the platform
• Items altered after receipt — Items modified, repaired, or damaged by the buyer
• Normal wear and tear — Used items sold as-is with accurate descriptions
• Buyer’s remorse — Changing your mind after purchase is not grounds for a refund
• Size or fit issues — Unless the listing measurements were materially inaccurate
• Late dispute filing — Disputes must be filed within 14 days of delivery

6.7 Appeals

If you disagree with a dispute resolution decision:

1. Email hello@surfspotter.app with "APPEAL" in the subject line
2. Include your order number and explanation of why you disagree
3. Provide any new evidence not previously submitted
4. Appeals are reviewed by a senior support member within 7 business days

Surfspotter is operated from Switzerland and complies with Swiss e-commerce regulations, including the Swiss Code of Obligations (CO) and the Federal Act on Data Protection (FADP).

7.1 Platform Operator Information

As required by Swiss law, we provide the following operator information:

7.2 Consumer Rights (Swiss Law)

• Swiss law does not provide a general right of withdrawal for online purchases
• However, Surfspotter voluntarily offers buyer protection as described in Section 6
• Prices are displayed in the currency indicated at checkout, inclusive of applicable fees
• VAT may apply depending on your jurisdiction and order value

7.3 Anti-Money Laundering (AML)

For marketplace transactions above certain thresholds, Surfspotter may:

• Request identity verification (government-issued ID)
• Delay payouts pending verification for large transactions
• Report suspicious activity to relevant authorities as required by Swiss law
• Limit transaction amounts for unverified accounts

7.4 Export Controls

Some surf equipment may be subject to export restrictions:

• Sellers are responsible for compliance with export regulations
• Certain items may not be shipped to sanctioned countries
• Customs duties and import taxes are the buyer’s responsibility
• Surfspotter is not responsible for items seized by customs

7.5 Data Protection (FADP)

All personal data is processed in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU GDPR. See our Privacy Policy for complete details.

8. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Harass, bully, or threaten other users
• Upload content that violates someone else’s rights
• Attempt to reverse-engineer or hack the Service
• Create fake accounts or impersonate others
• Scrape, crawl, or automatically extract data from the Service
• Interfere with the proper functioning of the Service
• Circumvent any access restrictions or security measures

9.1 Service Availability

The Service is provided "as is" without warranties of any kind. We do not guarantee uninterrupted access, error-free operation, or that the Service will meet your specific requirements.

9.2 Content Accuracy

We do not verify the accuracy of user-generated content, including photo descriptions, spot information, or user profiles. Users are responsible for verifying information independently.

9.3 Limitation of Liability

To the maximum extent permitted by law, Surfspotter shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid to Surfspotter in the 12 months preceding the claim.

9.4 Indemnification

You agree to indemnify and hold harmless Surfspotter, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms.

10. Account Termination

We may suspend or terminate your account if you violate these Terms. You may also delete your account at any time. Upon termination:

• Your profile and content will be removed (subject to a 30-day recovery period)
• Pending payouts will be processed according to our normal schedule
• Purchased photos remain accessible via download links until they expire
• Credits and promotional balances are forfeited

To delete your account, go to Settings > Delete Account. Data deletion is processed within 30 days in accordance with our Privacy Policy.

11.1 Governing Law

These Terms are governed by the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Dispute Resolution

We encourage you to contact us first to resolve any issues. If a dispute cannot be resolved informally, it shall be submitted to the competent courts of Switzerland. If mandatory consumer protection laws of your jurisdiction require, disputes may be resolved in your local courts.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance of the updated Terms.

13. Miscellaneous

• Severability: If any provision is found invalid, the remaining Terms remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Entire Agreement: These Terms, together with our Privacy Policy and other referenced policies, constitute the complete agreement between you and Surfspotter.
• Assignment: We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our written consent.

14. Contact Us

If you have any questions about these Terms, please contact us: