Terms of Service

1. Acceptance of Terms

Welcome to ColorMine AI. By accessing or using our website at colormineai.com and our mobile application (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and ColorMine AI ("we," "us," or "our"). We reserve the right to update these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

2. Description of Service

ColorMine AI provides AI-powered personal color analysis services. Our Service includes:

• A free online quiz to determine your color season
• AI photo analysis to identify your seasonal color palette
• A mobile application with premium features including virtual try-on and personalized color palettes
• Educational content about color analysis and personal styling

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts

Account Creation

To access certain features of the Service, you may need to 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

Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in behavior that we deem harmful to the Service or other users.

4. Subscriptions and Payments

Free and Premium Services

Our Service offers both free features and premium subscription-based features. Premium features require a paid subscription.

Subscription Terms

• Billing: Subscriptions are billed on a recurring basis (monthly or annually) depending on your selected plan
• Auto-Renewal: Subscriptions automatically renew unless you cancel before the renewal date
• Price Changes: We reserve the right to change subscription prices with at least 30 days' notice
• Payment Method: You authorize us to charge your payment method for all subscription fees

Cancellation and Refunds

You may cancel your subscription at any time through your account settings or the relevant app store. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods, except as required by law.

For subscriptions purchased through the Apple App Store or Google Play Store, refund policies are governed by those platforms.

5. User Content and Photos

Your Content

When you upload photos or other content to our Service, you retain ownership of your content. However, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service.

Content Guidelines

You agree not to upload content that:

• Violates any law or regulation
• Infringes on intellectual property rights
• Contains hate speech, harassment, or threats
• Is pornographic or sexually explicit
• Contains malware or harmful code
• Impersonates another person or entity

Photo Privacy

Photos you upload for color analysis are processed by our AI algorithms and stored securely. We do not share your photos with third parties or use them for purposes other than providing you with color analysis results, except as described in our Privacy Policy.

6. Intellectual Property

The Service, including all content, features, and functionality, is owned by ColorMine AI and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission
• Frame or mirror any part of the Service

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or availability of the Service
• Warranties that the Service will be uninterrupted or error-free

Color Analysis Disclaimer: Our AI color analysis is provided for informational and entertainment purposes. Results may vary and are not a substitute for professional color consultation. We do not guarantee that following our color recommendations will produce specific results.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLORMINE AI 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless ColorMine AI and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload to the Service

10. Dispute Resolution

Governing Law

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

Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and ColorMine AI individually. You waive your right to participate in a class action lawsuit or class-wide arbitration.

11. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and ColorMine AI regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect
• Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control

12. Contact Information

If you have questions about these Terms, please contact us: