Please read these Terms of Service ("Terms") carefully before using the 37scans application (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Eligibility & Age Requirements
The Service allows the upload of "Not Safe For Work" (NSFW) content and artistic nudity. Therefore, you must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account or use the Service. By using the Service, you represent and warrant that you meet this age requirement.
2. Account Registration and Security
- Authentication: The Service uses Google Authentication for login. We do not store your Google password. Your use of Google Auth is subject to Google’s Privacy Policy and Terms.
- Account Responsibility: You are responsible for maintaining the security of your account. You must notify us immediately of any unauthorized use of your account.
3. Content Ownership and Licensing
- User Ownership: You retain 100% ownership and copyright of any analog film scans or images you upload to the Service. We claim no ownership over your content.
- Limited License for Service Operation: By uploading images, you grant us a limited, worldwide, non-exclusive license to host, store, and display your images solely for the purpose of providing the Service to you (e.g., displaying your gallery to you).
- Featured Content: If you choose to "Propose for Featured" or a similar promotional action within the app, you grant 37scans a non-exclusive, sublicensable, royalty-free license to use that specific image for marketing purposes, including but not limited to our landing page, social media, and promotional materials.
4. Acceptable Use and NSFW Content
- NSFW Content: We permit the upload of artistic nudity and NSFW content.
- Prohibited Content: You may not upload content that is illegal, depicts non-consensual sexual acts, involves minors in any sexual or suggestive context, or promotes violence or hate speech.
- Copyright: You represent that you own or have the legal right to upload the images in your archive. We reserve the right to remove content that violates third-party intellectual property rights upon receipt of a valid legal notice.
5. Storage, Tiers, and Deletion
- Free Tier: The "Free" version of the Service allows for the upload of up to five (5) films.
- Subscription (Pro): We may offer a "Pro" subscription for increased storage and additional features. Fees and limits for Pro accounts will be disclosed at the time of subscription.
- Inactive Accounts: To manage server costs, accounts that have not been logged into for 365 consecutive days will be deemed abandoned. We reserve the right to permanently delete the account and all associated images without prior notice.
- No Liability for Data Loss: The Service is a specialized cloud archive. While we use industry-standard providers (Vercel/Cloud Storage), we do not guarantee that data will not be lost. You are solely responsible for maintaining your own backups of your film scans. We are not liable for the loss of any images or data.
6. Termination of Service
We reserve the right to suspend or terminate your account at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties (including our hosting providers).
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS." 37scans SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA (INCLUDING IMAGE SCANS).
8. Changes to Terms
We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Service after changes are made constitutes your acceptance of the new Terms.
9. Governing Law
These Terms shall be governed by the laws of Germany, without regard to its conflict of law provisions.
Contact Us
If you have any questions about these Terms, please contact us at ferdi@herrids.de.