Legal
Terms of Service
These Terms of Service (the “Terms”) govern your access to and use
of the website at www.colorfulaiapps.com (the “Site”)
and any application released under the Colorful AI Apps name (each, an
“App”, and together with the Site, the “Service”). The Service
is operated by [LLC LEGAL NAME — TO BE FILLED IN] (“we”,
“us”, “Colorful AI Apps”). By using the Service, you agree to
these Terms.
1. Eligibility & account
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. If you use the Service on behalf of a business, you represent that you have authority to bind that business, and “you” refers to that business.
You are responsible for keeping your account credentials secure and for everything that happens under your account.
2. License to use the Service
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.
We retain all right, title, and interest in the Service, including all intellectual property rights. Nothing in these Terms transfers any of those rights to you.
3. Your data and your marketplace accounts
When you connect a Colorful AI App to a marketplace (e.g., Amazon, eBay, Meta, TikTok, Walmart), you authorize us to access and process data from that marketplace through the platform’s official APIs, within the scopes you grant. Our handling of that data is governed by our Privacy Policy, which forms part of these Terms.
You retain ownership of your business data (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide the Service and to comply with applicable law.
4. Acceptable use
You agree not to:
- use the Service to violate any law, regulation, or marketplace terms of service (including those of Amazon, eBay, Meta, TikTok, or Walmart);
- reverse-engineer, decompile, or attempt to extract the source code of any App, except to the extent permitted by applicable law that cannot be waived;
- use the Service to send spam, run unauthorized scraping, or bypass any platform’s rate limits;
- resell, sublicense, or white-label the Service without our prior written consent;
- interfere with or disrupt the Service or attempt to gain unauthorized access to it.
5. Fees and payment
If your use of an App is paid, the price and billing cadence are shown on that App’s page or in your order confirmation. Fees are non-refundable except where required by law or expressly stated otherwise.
We may change pricing on at least 30 days’ notice for active subscribers; the new price applies starting from the next billing cycle.
6. Marketplace platform terms (pass-through)
Our Apps integrate with third-party marketplaces. Your use of those platforms is governed by their own terms. We are not responsible for the actions or policies of those marketplaces. If a marketplace changes its API or terms in a way that affects an App, we’ll do our best to adapt; we cannot guarantee uninterrupted compatibility.
7. Beta features
Some Apps or features are offered as beta or preview. Beta features are provided “as-is”, may change or be removed at any time, and may carry additional restrictions communicated to you when you opt in.
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
We do not guarantee any specific business outcome — sales, ad performance, ranking, or otherwise — from using our Apps.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLORFUL AI APPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply to the fullest extent permitted by law.
10. Indemnification
You will defend, indemnify, and hold us harmless from any claim, demand, or expense (including reasonable attorneys’ fees) arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) your Customer Data, or (c) your violation of any third party’s rights, including any marketplace’s terms.
11. Suspension and termination
We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if continued service would create a security or legal risk. You may stop using the Service at any time; cancellation does not entitle you to a refund except as set out in Section 5.
On termination, we will, on request, provide a reasonable export of your Customer Data, and we will delete it according to the schedule described in our Privacy Policy.
12. Changes to the Service or Terms
We may modify the Service. We may modify these Terms; if we do, we will update the “Last updated” date and, for material changes, give you reasonable advance notice. Your continued use of the Service after the change takes effect constitutes acceptance of the modified Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of [U.S. STATE — TO BE FILLED IN], without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in [COUNTY, STATE — TO BE FILLED IN], and you consent to the personal jurisdiction of those courts. Nothing in this section affects any non-waivable consumer rights you may have under the law of your residence.
14. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy and any order documents, are the entire agreement between you and us regarding the Service.
- Severability. If any part of these Terms is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to us go to support@colorfulaiapps.com. Notices to you go to the email address on your account.