Terms of Service

Last updated: October 26, 2024

Welcome to ChromaPilot. By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using ChromaPilot, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you may not use our service.

2. Description of Service

ChromaPilot is a web-based colour palette tool that provides:

• Colour extraction from images
• Gradient generation and customization
• Palette management and organization
• Design preview tools
• Community palette sharing
• Export functionality in multiple formats

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

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept all responsibility for activity under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years old to use ChromaPilot. By creating an account, you represent that you meet this age requirement.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, including but not limited to abusive behavior, fraudulent activity, or misuse of the service.

4. Subscription and Payment

4.1 Subscription Tiers

ChromaPilot offers multiple subscription tiers:

• Free: Limited features with local storage only
• Pro: Full feature access with cloud storage and advanced tools
• Supporter: All Pro features plus priority support and early access to new features

4.2 Billing

• Subscriptions are billed monthly or annually depending on your selection
• Payment is due at the start of each billing cycle
• We use third-party payment processors; your payment information is subject to their terms and privacy policies
• All fees are non-refundable except as required by law or as explicitly stated in these Terms

4.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No refunds will be provided for partial billing periods
• Your account will revert to the Free tier
• Cloud-stored data will remain accessible, but you may lose access to certain features

4.4 Price Changes

We reserve the right to change our pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle after 30 days' notice.

5. User Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to the content you create using ChromaPilot, including:

• Colour palettes
• Gradients
• Uploaded images
• Exported files

5.2 License to ChromaPilot

By uploading or creating content on ChromaPilot, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content as necessary to provide the service
• Display publicly shared palettes to other users in the community section
• Create backups and ensure service reliability

This license terminates when you delete your content or account, except for content shared publicly in the community (which remains available unless explicitly deleted).

5.3 Community Content

When you share palettes publicly in the community:

• Other users may view, copy, and use your shared palettes
• You grant other ChromaPilot users a license to use your shared palettes for their own projects
• You represent that you have the right to share the content
• You may remove your palettes from the community at any time

5.4 Prohibited Content

You agree not to upload, create, or share content that:

• Infringes on intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is illegal, offensive, defamatory, or violates others' rights
• Contains personal information of others without their consent
• Violates any applicable laws or regulations

5.5 ChromaPilot Intellectual Property

ChromaPilot and its original content, features, and functionality are owned by ChromaPilot and are protected by international copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute ChromaPilot's code or design
• Reverse engineer or decompile the service
• Remove copyright or proprietary notices
• Use ChromaPilot's branding without permission

6. Acceptable Use Policy

You agree not to:

• Use ChromaPilot for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the service or servers
• Use automated scripts, bots, or scrapers to access the service
• Impersonate others or provide false information
• Harass, abuse, or harm other users
• Transmit spam, advertising, or unsolicited communications
• Upload viruses or malicious code
• Collect personal information from other users
• Resell or commercially exploit the service without authorization

7. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy. By using ChromaPilot, you consent to our data practices as described in the Privacy Policy.

8. Third-Party Services

ChromaPilot may integrate with or link to third-party services (payment processors, analytics, export tools). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

9. Disclaimers and Warranties

9.1 Service Availability

ChromaPilot is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The service will meet your requirements
• Data will not be lost or corrupted

9.2 Colour Accuracy

Colour representation may vary based on device displays, browser settings, and monitor calibration. We do not guarantee perfect colour accuracy across all devices and environments.

9.3 Backup Responsibility

While we implement backup systems, you are responsible for maintaining your own backups of important data. We recommend regularly exporting your palettes and gradients.

10. Limitation of Liability

To the maximum extent permitted by law, ChromaPilot and its affiliates, officers, employees, agents, and licensors shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or data loss
• Unauthorized access to your data
• Third-party conduct or content

Our total liability for any claims arising from your use of ChromaPilot shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless ChromaPilot and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the service
• Your content or any content you share
• Your violation of any rights of another party

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date
• We will notify users via email or in-app notification
• Continued use of ChromaPilot after changes constitutes acceptance of the new Terms
• If you do not agree to the new Terms, you must stop using the service and may request account deletion

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.2 Dispute Resolution

In the event of a dispute:

• We encourage informal resolution by contacting us first
• If informal resolution fails, disputes will be resolved through binding arbitration or small claims court
• Class action lawsuits and jury trials are waived

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChromaPilot regarding the service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our consent. We may assign these Terms at any time without notice.

14.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, acts of war, or internet service provider failures.

15. Contact Information

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

• Email: legal@chromapilot.com
• Contact Form: chromapilot.com/contact

We will respond to your inquiry within 30 days.

By using ChromaPilot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.