1. ICAAN is a company that has developed and continues to optimize the CAARISMA app, a software for use in the analytical aesthetic field. With good photo quality, the app performs an algorythm-based facial analysis and provides the user with individual treatment suggestions to increase attractiveness and youthfulness. In addition, we name aesthetic physicians in the vicinity of the app’s user (the “Purpose”). The Purpose also includes the development of programs and for further qualification of algorithms for facial analysis photographs of human faces .
To this end, CAARISMA uses photographs of fully visible faces in frontal and profile views as provided to us hereunder (the “Photos”). The Photos will be used only for the purpose stated herein and will be treated anonymously from other private data provided herein. The Photos will not be used for marketing purposes, for presentations or for any other public display.
2. Grant of rights.
You declare by providing us with photographic material as part of your use of CAARISMA that all photos you send us originate from you and are exclusively subject to your copyright or you own all unrestricted rights to the photographic material You grant and grant ICAAN the unrestricted right to use the photos you provide and upload to the App. ICAAN has the unrestricted right to use the Photos only for the purpose stated herein. ICAAN’s rights are exclusive, worldwide, and irrevocable.
3. User’s Warranty.
User hereby warrants the following: (a) No third party has any rights in or regarding the Photos uploaded to the App or any rights arising from the Photos; (2) User is at least 18 years of age and has the full right and legal power to accept these Terms and Conditions; (c) All models and other living persons depicted in the Photos have validly executed releases permitting the above use by ICAAN; (d) The Photos meet the requirements set forth by the App and do not contain vulgar, offensive or criminal depictions.
4. ICAAN’s Obligations.
ICAAN shall take all reasonable precautions to ensure that the Photos are used solely for the purpose set forth herein and to protect the Photos from unauthorized access or use of technical and organizational measures. If ICAAN grants access to the Photos to a third party for the purpose stated herein, ICAAN will ensure that such party has appropriate technical and organizational measures in place to protect the Photos and that they will only be used for the purpose stated herein.
User agrees to indemnify, defend and hold harmless ICAAN, its successors and collaborators from and against any loss, damage or expense, including court costs and reasonable attorneys’ fees, incurred by ICAAN, its successors and collaborators as a result of any breach or alleged breach of the foregoing warranty or as a result of any cause of action or action of any kind or nature whatsoever arising out of the use of the Photos in accordance with these TOS. ICAAN is liable for the culpable use of the provided photos not in accordance with the contract.
6. Right of rejection of ICAAN
ICAAN reserves the right to reject the photos that have not been submitted in accordance with the requirements of the app.
7. Data protection.
you can learn more about your rights and choices and how ICAAN uses your information.
8. Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws rules. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9. EU Dispute Resolution/Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS platform), which you can reach at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Information according to § 5 TMG
ICA Aesthetic Navigation GmbH
Danziger Street 67, 65191 Wiesbaden, Germany
Telephone: 06196 6523727
Sales tax identification number DE 04023604003
Managing directors: Dr. Pooth, Dr. Luessen
Register court: Local court Wiesbaden
Registration number: HRB 28229
Responsible for the content: Dr. Pooth, Dr. Luessen
EU Dispute Resolution/Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS platform), which you can reach at https://ec.europa.eu/consumers/odr/.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Liability for contents
The contents of our pages were created with the utmost care. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 paragraph 1 TMG under the general laws. According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately. Source: e-recht24.de