Terms and Conditions

Terms and Conditions of CatchScan ApS

These terms and conditions govern the use of the services offered by CatchScan ApS via the website www.CatchScan.com.

1. Definitions of terms

The defined terms below shall in these terms and conditions have the following meaning:

1.1 “Users” within the meaning of Terms and Conditions are those who use the services offered by

CatchScan on the “CatchScan platform”.

1.2 “Image” or “images” are any visual work, image, photograph, which are copyright protected and accessible online, in which the user holds the sole image rights.

1.3 “CatchScan matching software” is a software of CatchScan, which finds copied images on Internet sites, as well as relevant web page data.

1.4 “CatchScan Platform” is the user platform accessible via the CatchScan website. It allows users to view their customer account, upload images and view the results of the CatchScan image search engine and to assert their rights.

1.5 “CatchScan services” includes all services offered by CatchScan, including the CatchScan matching software, CatchScan platform and case handling.

1.6 “Compensation” is defined as the core payment the client is entitled to. Compensation does not Include payment or refund of lawyers fees, cost of legal counseling, court fees, debt collection which has been paid in advance by CatchScan or is a result of CatchScan’s service. 

2. Scope of application

2.1 The offer of CatchScan is equally aimed at privates, entrepreneurs, corporations, e-commerce sites, content creators, artists, and photographers.

2.2 The Terms and conditions shall apply to all CatchScan’s business relations, unless otherwise agreed in a written agreement. Any Terms and conditions of CatchScan contractual partners shall not apply.

3. Registration and Account

3.1 To use the CatchScan services, the user must register on the CatchScan platform and create an account.

3.2 The registration on the CatchScan platform is possible only by age and legally competent persons. If a copyright holder is not legally competent a legal guardian needs to sign over the power of attorney. If the application is made for a legal person or body or person of public law, the application must be made by a person legally authorized to represent the legal person or body or person of public law. CatchScan reserves the right to refuse service until provided proof of authorization by legal persons.

3.2 It is strictly forbidden for companies or employees who are connected to or operating a competing system to create an account or use the platform.

3.3 The creation of a customer account is only possible by entering the mandatory information about the user: name, a current e-mail address and the choice of password (account data). The e-mail address is also used to communicate with CatchScan. CatchScan uses the e-mail address in addition to direct advertising for its own similar goods or services. The user may at any time object to this use without incurring other any additional costs from CatchScan.

3.5 After making an account on the CatchScan platform a gratuitous contract is closed between the user and CatchScan for the use of CatchScan services. CatchScan reserves the right to refuse to open accounts. If an account is refused, CatchScan will delete the account and all the entered information and data.

3.6 The user is obligated to enter truthful information at the time of registration and update the user information if changed. The use of pseudonyms as a name prohibited the user can however enter account names of social media accounts in the designated form.

3.7 The user is not allowed to pass on their password to third pares and is obliged to treat the password with confidentiality and to protect it against unauthorized access. If the User has reason to suspect that third parties may have obtained or have received the password unauthorized, they shall contact CatchScan immediately and block access and change the password or have it changed by CatchScan. In this case, CatchScan has the right to temporarily block the access of the user if CatchScan is also suspicious of misuse.

3.8 Each user may only be registered once. If CatchScan terminates this agreement, blocks, or deletes a customer account, a user may only register again with the express, written consent of CatchScan.

4. CatchScan Matching Software

4.1 CatchScan provides the CatchScan platform with the CatchScan matching software for the automated search for image violation on the Internet via the CatchScan platform. CatchScan gives no guarantee that all copyright infringing images on the internet will be found by the software.

4.2 The user may upload up to 5000 images on the CatchScan platform, which are then monitored by the CatchScan matching software. Should the user wish to monitor more than 5000 images, the user needs to upgrade their membership to a Premium membership.

4.3 The CatchScan matching software automatically searches the Internet for matches with the uploaded images of the user and then displays the found matches in an overview in the user account of the user on the CatchScan platform. CatchScan will not act upon any potential infringements, before the user has chosen how they want to proceed with the claim.

5. Obligations of the user / use

5.1 The user may only use the CatchScan services for the purpose to find Copyright infringement claims and if the client wants to pursuit, to instruct CatchScan to make the claim. It is forbidden for companies or persons who develop or offer similar services, now or in the future.

5.2 The user is not allowed to use the service in any way that is likely to affect or burden the website or the underlying technical infrastructure. This is in particular: the use of scripts, software or databases in connection with the use of the website.

5.3 CatchScan may restrict users from using its services partially or entirely, for a set time, or permanently, if this should be necessary regarding maintenance, server limits, security of the servers, or other events outside CatchScan’s control.

5.4 Should CatchScan be harmed by a culpable breach of the user’s obligations according to clauses 3.2, 3.3, 3.6, 3.8, 5.1 and 5.2, the user is obliged to compensate the damage to CatchScan.

6. Copyright and licenses

6.1 The user grants CatchScan a right to represent them in legal disputes regarding copyright infringement. Copyright is granted the right to make copyright claims against third parties, on behalf of the client. The user does not grant CatchScan any copyrights. 

6.2 The user can choose to grant CatchScan a simple right of use, for the purpose of licensing the photos to third parties on behalf of the client. This can be done on the CatchScan platform. This will grant CatchScan the right to reproduce, store and make the images available to the public as far as necessary for the exercise of CatchScan services.

6.3 The user guarantees to have ownership of the copyrights on the uploaded images, and that the images are free of third-party rights.

6.4 The user frees CatchScan from all claims from third parties stemming from the infringement of rights of third parties. In this case, the user assumes all costs incurred by CatchScan from third parties. Costs also include the costs of adequate legal defense, including court and legal costs.

7. Contract duration and termination

7.1 The contract between the user and CatchScan runs indefinitely and can be terminated by either party at any time, without giving reasons and a notice period.

7.2 CatchScan Premium membership has a binding period of 6 months. After the binding period, the user can downgrade or terminate the membership, without any notice period.

7.3 Termination of a membership must be declared in writing to the contractual partner. Termination can also be explained by the fact that CatchScan decides to delete the account of a user. CatchScan may delete an account, if the user does not comply with their duties as specified in points 3.2, 3.3, 3.6, 3.8, 5.1 and 5.2.

7.4 If a membership is terminated, the user account, data and images will be deleted.

7.5 If a user grants CatchScan a simple right of use as per 6.2, the right can be revoked at any time. Revocation of the right will not affect the users access to other CatchScan Services.

8. Pricing

8.1 CatchScans case fee is 25% of the total compensation, excluding VAT. The compensation includes all payments made from the infringing party.

8.2 For Danish clients, the fee is a fixed amount, which typically corresponds to 25% of the compensation, excluding VAT.

8.3 If CatchScan sells licenses for the client, CatchScan’s case handling fee is 25% of the licensing fee, excluding VAT.

8.4 The use of the CatchScan platform is free.

8.5 The membership can be upgraded to Premium, which costs 300 DKK per. Month, excluding VAT.

8.6 Premium for companies can be purchased by contacting support

9. Right of withdrawal

9.1 For consumers defined in the EU-consumer regulation a user can withdraw their consent within 14 days of signing up or upgrading a membership.

9.2 The user can withdraw acceptance of the agreement with CatchScan within 14 days of the conclusion of the agreement. The user does not need to specify a reason for withdrawal of consent. To withdraw consent, the user must communicate this to CatchScan within the 14-day period and mention clearly that the user wish to withdraw from the agreement and include account information.

9.3 Due to the nature of the CatchScan services, the user cannot withdraw from the agreement, if they have received payment for an infringement, as the agreed service has been provided.

Withdrawal can be sent to

CatchScan ApS

Tankedraget 7, 4.

9000 Aalborg

Denmark

Or

[email protected].com

10. Liability

10.1 CatchScan shall be liable if damage is caused by intent or gross negligence.

10.2 CatchScan is only liable for slight negligence in the case that it is a breach of essential obligations and is endangering the purpose of the contract or if CatchScan violates obligations to fulfill the proper implementation of the contract at all and if the user regularly complies with their obligations. In this case CatchScan is only liable for the foreseeable, contract-type damage.

10.3 When the liability of CatchScan is excluded or restricted, it also applies to the personal liability of CatchScan employees, representatives, and vicarious agents.

11. Alternative dispute resolution

CatchScan is not obliged to participate or represent the user in alternative dispute resolution proceedings in front dispute resolution bodies.

12. Final provisions

12.1 The law of the Kingdom of Denmark shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

12.2 Concluded contracts with CatchScan are not saved after the conclusion of the contract and are not made available to the contractual partner.

12.3 The court of jurisdiction for disputes arising out of or in connection with contracts between CatchScan and the users who are merchants, legal persons of public law or a public special fund is the place of business of CatchScan in Aalborg, Denmark.

12.4 CatchScan reserves the right to amend these Terms and Conditions. CatchScan will notify all contractual partners four weeks prior to the new terms and conditions entry into force.

12.5 The contract language is English. If the contractual partner is in another language and the translation deviates, the English version will supersede other versions