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Terms of Service

Last updated: November 27, 2024

1. Company Information

Perfect 10 is owned and operated by:

Code Village Lda

Portuguese private limited company (Lda)

Tax Number (NIF): 515930890

Official contact e-mail: perfect@10.surf

This information is provided in compliance with applicable EU and Portuguese regulations for digital service providers and online marketplaces.

2. Acceptance of Terms

By accessing or using the Perfect 10 mobile app, website, or any associated services ("Perfect 10" or the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and Code Village Lda.

3. What Perfect 10 Is

Perfect 10 is a marketplace platform that connects photographers ("Photographers") who create and publish digital content with buyers ("Users" or "Buyers") who wish to purchase surfing-related photos and videos.

Perfect 10:

  • Allows photographers to upload, publish and sell digital content.
  • Facilitates the purchase of such content by Users.
  • Processes payments and transfers payouts to photographers.
  • Charges a commission for the services provided.

Perfect 10 does not own, produce, or guarantee the content uploaded by photographers.

4. User Accounts

To use some features of the Service, you must create an account and provide accurate and complete information.

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities under your account
  • Updating your information if it changes

Perfect 10 reserves the right to suspend or terminate accounts that violate these Terms.

5. Marketplace Structure & Roles

5.1 Photographers Are the Sellers

All digital content (photos, videos, or other media) is sold directly by the photographer who uploaded it. Photographers are solely responsible for:

  • The accuracy and legality of the content
  • Compliance with intellectual property laws
  • Compliance with tax and invoicing obligations
  • Delivering valid documentation to buyers (when legally required)

5.2 Perfect 10 as an Intermediary

Perfect 10 acts only as:

  • A marketplace intermediary
  • A payment processor (through third-party partners such as Stripe)
  • A service provider charging a commission

Perfect 10 is not the seller of the content and is not a party to the contract between photographers and buyers.

6. Billing, Invoicing & Tax Responsibilities

6.1 Invoices Issued by Photographers (Seller Responsibility)

Photographers acknowledge and agree that:

  • They are the legal sellers of the digital content.
  • They must issue a legally valid invoice or receipt directly to the Buyer when applicable under the laws of their jurisdiction.
  • They are solely responsible for declaring income, VAT/IVA, or other taxes.
  • Perfect 10 does not issue invoices on behalf of photographers.

6.2 Commissions Charged by Perfect 10

Perfect 10 charges a 15% commission on each sale. You authorize Perfect 10 to automatically deduct this commission from the payout.

6.3 Payouts

Payouts are processed through Stripe Connect and can take up to 7 days to reach your account after a sale is completed.

Payouts to photographers may be delayed or withheld in cases of:

  • Suspected fraud
  • Missing tax information
  • Account verification pending
  • Disputes or chargebacks

Perfect 10 may request identification or tax data to comply with regulations.

7. Content Published by Photographers

7.1 Ownership of Content

Photographers retain full copyright over the content they upload.

By uploading content, the Photographer grants Perfect 10 a non-exclusive, worldwide, royalty-free license to:

  • Host
  • Display
  • Sell
  • Deliver
  • Promote the content

solely for the purpose of operating the marketplace.

7.2 Responsibility for Content

Photographers are solely responsible for ensuring that:

  • Content is original
  • No third-party rights are violated
  • Content does not infringe privacy, publicity rights, or trademarks

Perfect 10 is not responsible for verifying ownership or legality of content.

7.3 Content Storage and Automatic Archival

All uploaded sessions will be archived after one month from the date of upload. After this period, all photos and videos in the session will be permanently removed from Perfect 10's servers and storage systems.

Photographers are responsible for maintaining their own backup copies of their content before the one-month archival period expires. Perfect 10 is not responsible for the loss of content after the automatic archival and removal process.

We strongly recommend that photographers download and save copies of their work to their personal devices or cloud storage within the one-month availability window.

8. License Granted to Buyers

When a Buyer purchases digital content on Perfect 10, they receive a personal, non-exclusive, non-transferable, non-commercial license to use the content.

Buyers may not:

  • Resell
  • Redistribute
  • Modify for redistribution
  • Claim ownership
  • Use commercially outside personal use

unless explicitly permitted by the Photographer in writing.

8.1 Download Availability Period

All purchased content will be available for download for 3 months from the date of purchase. After this period, all files will be permanently deleted from Perfect 10's servers.

Buyers are strongly advised to download and save their purchased content to their personal devices or cloud storage within the 3-month availability window.

Perfect 10 will not be responsible for providing access to purchased content after the 3-month download period has expired. No refunds will be issued for content that was available but not downloaded within the specified timeframe.

9. Pricing, Payments & Fees

All prices are displayed in the app at checkout. Payments are processed through third-party providers such as Stripe.

Perfect 10:

  • Deducts its 15% commission automatically
  • Transfers the remaining balance to the Photographer
  • May charge additional service or processing fees

For example, if a photo is sold for $10.00, Perfect 10 will retain $1.50 as commission and the photographer will receive $8.50.

Users agree to provide valid payment information and authorize charges for purchases.

10. Refunds, Returns & Disputes

Digital content delivered through Perfect 10 is generally non-refundable.

However, refunds may be issued in cases of:

  • Incorrect or corrupted file
  • Wrong download delivered
  • Verified technical issue
  • Fraudulent purchase

Refund requests may be submitted to perfect@10.surf. Perfect 10 will review and decide at its discretion.

Perfect 10 may reverse payouts or deduct future payouts if a refund or chargeback occurs.

11. Prohibited Conduct

You may not:

  • Upload content you do not own
  • Upload illegal, harmful, or abusive content
  • Violate copyright or privacy rights
  • Attempt to circumvent payments or commissions
  • Use bots or automated systems
  • Interfere with the platform or other users
  • Attempt to reverse engineer the app

Violations may lead to suspension or permanent account termination.

12. Notice-and-Takedown Policy (DSA Compliance)

In compliance with the EU Digital Services Act, any user may report illegal or infringing content to:

📧 perfect@10.surf

Reports should include:

  • Description of the content
  • Reason for the report
  • Link or precise location

Perfect 10 will:

  • Review notices promptly
  • Remove or restrict content when justified
  • Notify the photographer of the decision
  • Allow photographers to submit a counter-notice
  • Suspend accounts with repeated violations

13. Privacy and Data Protection

Personal data is processed according to the Perfect 10 Privacy Policy. By using the Service, you consent to such processing.

Perfect 10 follows GDPR principles including:

  • Data minimization
  • Transparency
  • Right to access and deletion

For privacy-related requests: perfect@10.surf

14. Changes to the Service or Terms

Perfect 10 may modify or update the Service or these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Limitation of Liability

Perfect 10 is not responsible for:

  • Content uploaded by photographers
  • Losses resulting from third-party actions
  • Interruptions, bugs, or technical issues
  • Loss of data
  • Misuse of content by buyers
  • Any indirect or consequential damages

Your use of the Service is at your sole risk.

16. Indemnification

You agree to indemnify and hold harmless Perfect 10 and Code Village Lda from any claims or damages arising from:

  • Your uploaded content
  • Your use of purchased content
  • Your violation of these Terms
  • Intellectual property infringement

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal. Any disputes arising from the use of the Service shall be submitted to the competent courts of Portugal, except where consumer protection laws require otherwise.

18. Contact Information

For any questions about these Terms or the Service, contact us at:

📧 perfect@10.surf