Terms of Service

Agreement to Terms

By accessing or using the ColorSense mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

These Terms constitute a legally binding agreement between you and ColorSense ("Company," "we," "our," or "us").

Description of Service

ColorSense provides AI-powered color analysis services through our mobile application. Our Service includes:

• Personalized color analysis using artificial intelligence technology
• Seasonal color type identification and recommendations
• Curated color palettes tailored to your unique coloring
• Style and wardrobe recommendations based on your color profile
• Jewelry and metal tone guidance
• Shareable color analysis results

User Accounts

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for safeguarding your account and all activities that occur under your account.

Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Upload, share, or transmit any content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to harass, abuse, or harm others
• Impersonate any person or entity or misrepresent your affiliation
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service without our express written consent

Content and Intellectual Property

Payment and Billing

Certain features of our Service require payment. By purchasing our services, you agree to:

• Pay all fees associated with your selected plan
• Provide accurate billing information
• Authorize us to charge your selected payment method
• Be responsible for all taxes associated with your purchase

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

Disclaimers and Limitation of Liability

The Service is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the Service, including but not limited to:

• The accuracy or completeness of color analysis results
• The availability or functionality of the Service
• The suitability of our recommendations for your specific needs

To the maximum extent permitted by law, ColorSense shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Indemnification

You agree to indemnify, defend, and hold harmless ColorSense, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you upload or share through the Service

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

You may terminate your account at any time by contacting our support team or using the account deletion feature in the app.

Upon termination, your right to use the Service will cease immediately, and we may delete your account and associated data in accordance with our Privacy Policy.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in San Francisco, California.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days advance notice prior to any new terms taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and ColorSense regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.