Terms of Service

Welcome to Surfspotter. These Terms of Service ("Terms") govern your access to and use of the Surfspotter website, mobile application, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1.1 Account Creation

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.2 Account Types

Surfspotter offers different account types:

• Surfer Account: Browse and purchase surf photos, connect with photographers
• Photographer Account: Upload, sell, and manage your surf photography portfolio
• Business Account: For surf schools, hotels, and other businesses

1.3 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent to use the Service.

2.1 User Content

You retain ownership of the content you upload to the Service ("User Content"). By uploading content, you grant Surfspotter a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with the Service.

2.2 Photographer Content

If you are a photographer selling photos through our Service:

• You represent that you own all rights to the photos you upload
• You have obtained necessary releases from any identifiable individuals
• Your photos do not infringe on any third-party rights
• You grant buyers a personal, non-commercial license to the purchased photos

2.3 Prohibited Content

You may not upload, post, or share content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Is sexually explicit or pornographic
• Promotes violence, discrimination, or hate speech
• Contains false or misleading information

2.4 Surfspotter Content

All content provided by Surfspotter, including logos, designs, text, graphics, and software, is owned by Surfspotter and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

3.1 AI Face Match (Optional)

Surfspotter offers an optional AI Face Match feature that uses facial recognition to help you find photos of yourself. By enabling this feature, you:

• Provide explicit, informed consent for biometric data collection
• Acknowledge that facial data will be processed to create a mathematical representation
• Understand that matching is probabilistic and may include false positives or negatives
• Can disable this feature and request deletion of biometric data at any time

3.2 Gear-Based Matching

As an alternative to facial recognition, you may use our gear-based matching system by providing information about your:

• Wetsuit color and style
• Surfboard type, color, or distinctive features
• Swimwear, rashguard, or other clothing
• Accessories (hats, sunglasses, etc.)
• Surfing stance (regular or goofy)

This information is not considered biometric data and does not require special consent.

3.3 AI Limitations

You acknowledge that AI-powered features:

• Are provided "as is" without guarantees of accuracy
• May produce incorrect matches (false positives or negatives)
• Should not be relied upon for legal or identity verification purposes
• May be updated, modified, or discontinued at our discretion

3.4 Match Score

Match scores displayed on photos are algorithmic estimates based on the criteria you provide. They indicate relative likelihood, not certainty. A high match score does not guarantee the photo is of you, and a low score does not guarantee it is not.

4.1 Photo Purchases

When you purchase photos through our Service:

• All prices are displayed in the applicable currency
• Payment is processed securely through Stripe
• You receive a personal, non-commercial license to use the photo
• Digital downloads are available immediately after purchase

4.2 Photographer Payouts

For photographers selling on our platform:

• Surfspotter retains a commission on each sale (see Photographer Agreement)
• Payouts are processed according to your payout schedule settings
• You are responsible for any applicable taxes on your earnings

4.3 Refunds

Due to the digital nature of our products, all sales are final. Refunds may be granted at our sole discretion in cases of technical issues or duplicate purchases. Contact our support team within 7 days of purchase for refund requests.

4.4 Third-Party Services

Our Service may contain links to third-party websites and services (such as hotels and accommodation booking). These links are provided for convenience and may be affiliate links. We are not responsible for the content, products, or services offered by third parties.

Surfspotter operates peer-to-peer marketplaces ("Ding Market", "Shutter Market", "Rubber Room") where users can buy and sell surfboards, surf photography equipment, and wetsuits. This section governs marketplace transactions between buyers and sellers.

5.1 Marketplace Role

Surfspotter acts solely as an intermediary platform connecting buyers and sellers. We do not:

• Take ownership or possession of any items listed for sale
• Guarantee the quality, safety, or legality of items
• Guarantee that sellers will complete transactions
• Guarantee that buyers will pay for items
• Transfer legal ownership between parties

5.2 Seller Obligations

As a seller on our marketplace, you agree to:

• Provide accurate descriptions, photos, and condition information for all items
• Set fair prices and honor the listed price
• Ship items within the stated timeframe after payment
• Package items appropriately to prevent damage during shipping
• Respond to buyer inquiries within 48 hours
• Only list items you legally own and have the right to sell
• Comply with all applicable laws regarding the sale of goods

5.3 Buyer Obligations

As a buyer on our marketplace, you agree to:

• Review item descriptions and photos carefully before purchasing
• Pay for items promptly using the platform's payment system
• Inspect items upon receipt and report issues within 48 hours
• Not initiate chargebacks without first attempting resolution through the platform
• Communicate respectfully with sellers

5.4 Payment Processing

All marketplace payments are processed securely through Stripe Connect. When you make a purchase:

• Funds are held in escrow until the transaction is completed
• Surfspotter deducts a service fee (commission) from each sale
• Sellers receive payment after the buyer confirms receipt or after the protection period ends
• Both buyers and sellers must have valid payment/payout methods on file

5.5 Service Fees

Surfspotter charges the following fees for marketplace transactions:

• Platform fee: 10% of the sale price (paid by seller)
• Payment processing: Standard Stripe fees apply (~2.9% + CHF 0.30)
• Listing: Free for standard listings
• Featured listings: Optional promotional fees may apply

5.6 Prohibited Items

The following items may not be listed on our marketplaces:

• Counterfeit or replica items
• Stolen property
• Items that violate intellectual property rights
• Hazardous materials
• Items illegal to sell in Switzerland or the buyer's jurisdiction
• Items requiring special licenses or permits

6.1 Buyer Protection

Buyers are protected when items are paid for through the Surfspotter platform:

• Item not received: Full refund if item doesn't arrive within 30 days
• Significantly not as described: Return item for full refund if major discrepancies exist
• Damaged in transit: Coverage for items damaged during shipping (seller must use tracked shipping)
• Protection period: 7 days after delivery to open a dispute

6.2 Seller Protection

Sellers are protected when following platform guidelines:

• Guaranteed payment: Payment is secured before shipping
• Fraudulent claims protection: We investigate all disputes fairly
• Tracking verification: Proof of delivery protects against "item not received" claims
• Photo documentation: Pre-shipping photos help resolve condition disputes

6.3 Dispute Resolution

If a dispute arises between buyer and seller:

1. Direct resolution: Buyer and seller should first attempt to resolve the issue directly through our messaging system
2. Open a dispute: If unresolved after 48 hours, either party may open a formal dispute
3. Evidence submission: Both parties submit evidence (photos, messages, tracking info)
4. Surfspotter review: We review the evidence and make a binding decision within 5 business days
5. Resolution: Refund issued, partial refund, or sale completed based on our decision

6.4 Exclusions

Protection does not apply to:

• Transactions conducted outside the Surfspotter platform
• Buyer's remorse or change of mind
• Minor variations from listing (wear consistent with described condition)
• Disputes opened more than 7 days after delivery
• Items returned without seller authorization

Surfspotter is operated from Switzerland. The following provisions ensure compliance with Swiss law and consumer protection regulations.

7.1 Company Information

Surfspotter is operated by:

7.2 VAT and Taxes

• Surfspotter's commission fees may be subject to Swiss VAT (currently 8.1%)
• Sellers are responsible for declaring and paying taxes on their sales in their home jurisdiction
• Prices displayed may or may not include VAT depending on the seller's status
• For professional sellers: if annual turnover exceeds CHF 100,000, VAT registration may be required

7.3 Consumer Rights (Swiss Law)

Swiss consumer protection law provides the following rights for buyers:

• Right to Information: Sellers must provide clear product descriptions and pricing
• Right to Withdraw: For distance selling from professional sellers, consumers may have a 14-day cooling-off period
• Warranty: Under Swiss law, used goods typically have a reduced warranty period
• Defects Liability: Sellers are liable for defects that existed at the time of sale

7.4 Cross-Border Transactions

For transactions involving parties outside Switzerland:

• Buyers are responsible for any import duties, customs fees, or local taxes
• Sellers shipping internationally must comply with export regulations
• Currency conversion rates are provided by our payment processor and may include fees
• Delivery times for international shipments are estimates only

7.5 Data Protection

We comply with the Swiss Federal Act on Data Protection (FADP) and GDPR for EU users. See our Privacy Policy for details on how we collect, use, and protect your personal data.

8. User Conduct

You agree not to:

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without permission
• Collect or harvest user information without consent
• Engage in any activity that could damage or overburden our infrastructure

9.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

9.2 Surf Conditions

Any surf condition information, forecasts, or recommendations provided through our Service are for informational purposes only. Surfing is an inherently dangerous activity. Always assess conditions yourself and surf within your abilities. We are not responsible for any injuries or damages resulting from surfing activities.

9.3 Limitation of Liability

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

9.4 Indemnification

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

10. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and content
• Any pending payouts may be withheld if there are violations
• Provisions that should survive termination will remain in effect

You may delete your account at any time through your account settings or by contacting support.

11.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

11.2 Dispute Process

If you have a dispute with Surfspotter, please first contact us to attempt to resolve the issue informally. If we cannot resolve the dispute within 30 days, either party may pursue formal legal proceedings.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Surfspotter.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign your rights under these Terms without our consent.

14. Contact Us

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