Version 2026-08b · As of August 2026 · Non-binding translation — the German version prevails
These Terms and Conditions (the “Terms”) govern the use of the software platform captivento (the “Platform”), operated by Christian Bulitta, Bachmannweg 31, 8046 Zurich, Switzerland (the “Operator”).
The Terms apply to every person who registers on the Platform as a photographer (the “User”). Deviating terms of the User do not become part of the contract, even if the Operator does not expressly object to them. By completing registration the User confirms having read and accepted these Terms.
The Operator provides technical infrastructure that allows Users to organise event photography: managing events and models, storing and delivering photos, galleries for depicted persons, email communication and optional payment and storage features.
The Operator only owes the provision of these technical features on an “as is” basis. No specific commercial success, availability or fitness for a particular purpose is owed. The Operator may change, extend, restrict or discontinue features at any time as far as this is reasonable for the User.
The Platform is currently in a test phase. During this phase there is no entitlement to any particular availability, no guaranteed response time and no entitlement to support.
The User is solely and fully responsible for all content uploaded, stored, sent or published by them. The User warrants in particular:
Under data protection law the User is the controller for the model and image data they collect; the Operator acts as processor. The User instructs the Operator to process such data solely for the purpose of providing the Platform services.
The Operator provides technical functionality only. It gives no assurance that the User’s processing is lawful or that the User complies with the GDPR, the Swiss FADP or any other data protection rules. Whether a processing operation is permitted, which legal basis applies, which information, access and erasure duties exist and how long data may be retained is assessed by the User on their own responsibility.
No legal advice: All texts and templates provided in the Platform — in particular consent forms, TFP agreements, privacy notices and email templates — are non-binding samples. They have not been reviewed for legal validity in any specific jurisdiction and do not replace legal advice. The User is responsible for checking their suitability, completeness and effectiveness for their country and use case and for adapting them where necessary.
Digital signature: Signatures captured through the Platform are simple electronic signatures. The Operator gives no assurance as to their evidentiary value, formal validity or equivalence to a qualified electronic signature.
The User shall fully indemnify and hold the Operator harmless against all third-party claims — including claims by depicted persons, rights holders, authorities and supervisory authorities — asserted against the Operator due to content submitted by the User, the User’s use of the Platform or a breach of these Terms. The indemnity covers reasonable legal defence costs as well as fines and procedural costs.
To the extent permitted by law, the Operator is liable only for intent and gross negligence. Liability for slight negligence is entirely excluded, as is liability for auxiliary persons and engaged third parties (Art. 101 para. 2 Swiss Code of Obligations).
In particular, the Operator is not liable for:
Where liability nevertheless exists, it is limited to the amount actually paid by the User to the Operator in the twelve months preceding the damaging event, but in any case to a maximum of CHF 100. Mandatory statutory liability (in particular for personal injury) remains unaffected.
The Operator provides no guaranteed backups for the User. For data protection reasons, deleted content is generally removed immediately and irreversibly; restoration is not technically provided for.
The User must maintain their own complete backup of all important images and data outside the Platform at all times. The Platform is expressly not an archive and not a backup system. If the User fails to keep own backups, the User bears the resulting risk in full.
The Operator endeavours to run the service without disruption but owes no specific availability. Maintenance, updates, migrations of hosting or storage location and short interruptions are permitted at any time without prior notice.
The Operator may amend these Terms. Changes are communicated by email or within the application. If the User does not object within 30 days or continues to use the Platform, the amended Terms are deemed accepted.
The Operator may terminate an account without cause with 30 days’ notice and may suspend or delete it immediately and without notice in case of breaches of these Terms, unlawful content, endangerment of operations or payment default. There is no entitlement to release of data after suspension due to unlawful content.
The User may delete their account at any time and without giving reasons in the application settings. Two options are available:
In both cases the models’ galleries also become inaccessible. Before deleting, the User must back up all data required by them and their models. Any running storage subscriptions end upon deletion; amounts already paid are not refunded pro rata. Statutory retention obligations (e.g. for payment records) remain unaffected; such records are stored separately until the statutory periods expire.
The information in Imprint & Privacy applies in addition. Processing of personal data is governed by the Swiss Federal Act on Data Protection (revFADP) and, where applicable, by the European General Data Protection Regulation (GDPR).