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Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using Color Cape ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Color Cape is a personal color analysis application that allows users to:

  • View color overlays ("capes") on their camera feed
  • Create custom color palettes
  • Save photos with color overlays

A subscription is required to access and use the App's features.

3. Eligibility

You must be at least 13 years old to use this App. By using the App, you represent that you meet this age requirement.

4. User Responsibilities

You agree to:

  • Use the App only for its intended purpose
  • Not attempt to reverse engineer, modify, or tamper with the App
  • Not use the App for any illegal or unauthorized purpose
  • Not interfere with or disrupt the App's functionality

5. Subscriptions and Payments

5.1 Subscription Required

A subscription is required to access the features and content of the App. Subscription details and pricing are displayed within the App.

5.2 Billing

  • Subscriptions are billed through the Apple App Store
  • Payment will be charged to your Apple ID account at confirmation of purchase
  • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period

5.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period.

5.4 Refunds

Refund requests are handled by Apple according to their refund policies. We do not process refunds directly.

6. Intellectual Property

6.1 Our Content

The App, including its design, features, color palettes, and content, is owned by Color Cape and protected by intellectual property laws. You may not copy, modify, or distribute any part of the App without our permission.

6.2 Your Content

You retain ownership of photos you create and save using the App. By using the App, you grant us no rights to your photos—they remain entirely yours.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT

We do not warrant that:

  • The App will be uninterrupted or error-free
  • Results from using the App will be accurate or reliable
  • The App will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLOR CAPE SHALL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • LOSS OF PROFITS, DATA, OR USE
  • DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP

Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Color Cape from any claims, damages, or expenses arising from your use of the App or violation of these Terms.

11. Changes to Terms

We may update these Terms at any time. We will notify you of significant changes by:

  • Posting the new Terms in the App
  • Updating the "Last updated" date

Your continued use of the App after changes constitutes acceptance of the new Terms.

12. Termination

We may terminate or suspend your access to the App at any time, without notice, for conduct that we believe:

  • Violates these Terms
  • Is harmful to other users or the App
  • Is illegal or fraudulent

13. Governing Law

These Terms shall be governed by the laws of the United States, without regard to conflict of law principles.

14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Color Cape regarding the App.

16. Contact Us

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

Email: contact@kwaji.com