Terms of Service

Definitions

For purposes of these Terms:

• "Service" means the AI-based color analysis tools and related functionalities provided by the Platform, including image upload, real-time analysis, and presentation of analysis results.
• "User Content" means any photo, image, or other material uploaded by the User for analysis.
• "Analysis Results" or "Outputs" mean the color recommendations, palettes, reports, or other content generated by the Service based on User Content.
• "Ephemeral Processing" means temporary processing of uploaded images in memory or short-lived environments solely for the purpose of completing a single analysis, without persistent storage of the original images.
• "Platform" refers to the entity operating aicoloranalysis.ai.

Eligibility

• You must be at least 13 years old to access or use the Service.
• If you are under 18 years old, or under the age of legal majority in your jurisdiction, you may only use the Service with the consent and supervision of a parent or legal guardian.
• By permitting such use, the parent or legal guardian represents and agrees that they are responsible for the minor's compliance with these Terms and any use of the Service.
• The Service is not intended for, and we do not knowingly permit children under the age of 13 to use the Service. If we become aware that a user under the age of 13 has accessed or used the Service, we will take reasonable steps to restrict or terminate such access.

Service Availability and Modification

• We strive to maintain the availability of the Service but do not guarantee uninterrupted, error-free, or fully secure operation. The Service may be suspended or limited due to maintenance, upgrades, technical issues, third-party dependencies, or force majeure events.
• We reserve the right to modify, update, restrict, or discontinue all or part of the Service (including features, pricing, or functionality) at any time. Where feasible, we will provide reasonable advance notice of material changes via the Platform.
• Emergency maintenance or security-related changes may be implemented without prior notice.

Subscription, Payment, and Cancellation

• Certain features may require payment, subscription, or one-time fees ("Paid Services"). Prices, billing cycles, trial periods, promotions, and refund terms will be disclosed at the time of purchase.
• Subscription plans may renew automatically unless you cancel prior to the end of the applicable billing period. You may cancel through your account settings or the cancellation method provided by the Platform.
• Unless otherwise stated or required by applicable law, payments already made are non-refundable.
• Accepted payment methods, taxes, invoicing, and currency handling are subject to the Platform's disclosures and the policies of third-party payment processors.
• The Platform is not responsible for losses caused by incorrect payment information provided by you or failures of third-party payment services, except where caused by the Platform's willful misconduct or gross negligence.

User Conduct

You agree not to:

• Upload photos or content you do not own or do not have lawful permission to use, or that violate the rights of others (including privacy, portrait, or intellectual property rights);
• Reverse engineer, interfere with, bypass, or attempt to compromise the Service's technical or security measures;
• Use the Service for unlawful, harmful, fraudulent, abusive, or infringing purposes;
• Use the Outputs to identify, profile, or exploit individuals in violation of applicable laws.

You are solely responsible for your use of the Service and for any consequences arising from violations of these Terms or applicable laws.

Privacy and Data Use

• Image Processing and Non-Retention
  • The Platform operates on an ephemeral processing model. User-uploaded photos are processed solely to perform a single color analysis.
  • The Platform does not store or retain original uploaded photos in persistent storage. Images may exist temporarily in memory or short-lived caches during analysis and are deleted or overwritten once processing is complete.
  • If future features require image retention (e.g., user accounts with saved history), the Platform will clearly notify users and obtain consent.
• Analysis Results and Derived Data
  • Analysis Results are generated for display to the User.
  • With user consent and where permitted by law, the Platform may use aggregated, anonymized, or non-identifiable Outputs for service improvement, analytics, or model optimization.
  • The Platform does not use identifiable personal images for advertising or secondary purposes without explicit user consent.
• Third-Party Processing
  • The Platform may rely on trusted third-party cloud or AI service providers to perform image processing or inference. Reasonable contractual and technical safeguards are implemented to prevent unauthorized retention or misuse of User Content.
  • Users are encouraged to review applicable third-party terms where relevant.
• Logs and Monitoring
  • The Platform may collect technical logs (e.g., timestamps, anonymized IP data, error reports, performance metrics) for security and operational purposes. These logs generally do not contain image pixel data.
• User Rights
  • Subject to applicable law, users may have rights to access, correct, delete, restrict processing of, or object to the processing of their personal data. Requests may be submitted via the contact details below.

For additional details, please refer to our Privacy Policy, which forms part of these Terms.

Third-Party Links and Content

• The Service may contain links to third-party websites or services. The Platform does not control and is not responsible for the content, privacy practices, or policies of such third parties.
• Inclusion of third-party links does not imply endorsement.
• Accessing third-party resources is at your own risk.

Intellectual Property Rights

• User Content: Users retain ownership of their uploaded content. By uploading content, you grant the Platform a limited, non-exclusive, revocable license to process such content solely for the purpose of providing the Service.
• Platform IP: All software, algorithms, models, designs, text, trademarks, and other materials forming part of the Service are owned by or licensed to the Platform and are protected by applicable intellectual property laws.
• Outputs: Users are granted a non-exclusive license to use their Analysis Results for personal or commercial purposes, subject to these Terms. The Platform retains all rights in the underlying models, methodologies, and systems.
• Infringement Claims: Alleged infringements will be handled in accordance with applicable law and Platform procedures. If you believe your intellectual property rights have been infringed, please contact us with sufficient information for review.

Disclaimer and Limitation of Liability

• Disclaimer of Warranties
  • The Service and Outputs are provided for informational and aesthetic reference purposes only. Results may be affected by image quality, lighting, and other factors.
  • The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, except as required by law.
• Limitation of Liability
  • To the maximum extent permitted by law, the Platform shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
  • The Platform's total aggregate liability shall not exceed the total fees paid by you to the Platform in the 12 months preceding the claim, or USD 15 (or equivalent), whichever is greater, unless applicable law requires otherwise.
  • Nothing in these Terms excludes liability that cannot be excluded under applicable law.

Account Suspension or Termination

• The Platform may suspend or terminate access to the Service if you violate these Terms or if your use poses a risk to the Platform or others.
• You may stop using the Service at any time. Requests for account deletion or data-related requests may be submitted via the contact information below.
• Provisions relating to intellectual property, disclaimers, limitation of liability, and dispute resolution shall survive termination.

Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with applicable international contract principles and local consumer protection laws, without regard to conflict-of-law rules.
• Any dispute arising out of or relating to these Terms shall first be resolved through good-faith negotiation.
• If negotiation fails, disputes shall be submitted to binding arbitration under the rules of the International Chamber of Commerce (ICC) or another mutually agreed arbitration body.
• Users residing in jurisdictions that do not permit mandatory arbitration shall retain the right to bring claims before the competent courts of their country of residence.

Changes to These Terms

• We may revise these Terms from time to time. Material changes will be communicated via the Platform or other reasonable means.
• Continued use of the Service after the effective date of revised Terms constitutes acceptance of those changes.

Miscellaneous

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy and any posted notices, constitute the entire agreement between you and the Platform regarding the Service.
• No Waiver: Failure to enforce any provision shall not constitute a waiver of that provision.