Terms of Service
Last updated: October 9, 2026
These Terms apply to new accounts from October 9, 2026. If you already had an account, they apply to you as described in Section 25; until then, the previous version applies to you.
Please read these Terms carefully. Among other things, they say that:
- a free trial becomes a paid subscription automatically unless you cancel before it ends (Section 5);
- subscriptions renew automatically, monthly or yearly, until you cancel, and you can cancel online at any time (Section 6);
- payments are generally non-refundable, except as described in Section 9 or where the law requires;
- disputes are resolved by binding individual arbitration, and you waive class actions, unless you opt out within 30 days (Section 23);
- our liability to you is limited (Section 20, Section 21).
1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and ColorCraft (“ColorCraft”, “we”, “us”, “our”). They cover colorcraft.ai, the ColorCraft app, and everything we offer through them (together, the “Service”).
You accept these Terms when you tick a box or click a button that says you agree to them: for example when you create an account, start a trial, check out, or accept updated Terms in the app. If you don’t agree, don’t use the Service.
Our Privacy Policy explains how we handle personal data and forms part of these Terms. Some features come with extra terms that we show you when you use them, such as the details shown before you order printed copies. Those extra terms also apply and, for that feature, take priority if they conflict with these Terms.
2. Eligibility and your account
Who can use ColorCraft
- You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account, start a trial or buy anything.
- ColorCraft is not meant for children. You may make books for children, or with your own children, but the account must be yours and you must supervise them. Don’t let anyone under 18 use your account on their own.
- If you use the Service for a business or other organization, you confirm that you have authority to accept these Terms for it, and “you” includes that organization.
- You may not use the Service if we have closed an account of yours for breaking these Terms, or if Section 26 applies to you.
Your account
- Give us accurate information and keep your email address current: we send billing notices, reminders and changes to these Terms there.
- Keep your password and sign-in methods secure. An account is for one person; don’t share your sign-in details.
- You are responsible for everything done through your account, including purchases, unless it happened because we failed to keep the Service reasonably secure, or the law limits your liability for unauthorized charges.
- Tell us right away at hello@colorcraft.ai if you think someone has used your account without permission.
- Don’t create more than one account to get extra trials, tokens or discounts, or to get around a suspension.
3. The Service
ColorCraft helps you make coloring books, storybooks and puzzle books with AI: generating page art and covers, laying out books, making marketing mockups, and exporting files formatted for print. Print-ready files need a paid plan (including one that has ended, as described in Section 6) or a book unlock (Section 5 and Section 8). Where available, you can also order printed copies (Section 16).
Changes to the Service
We keep improving ColorCraft, and we may add, change or remove features, tools, AI models, templates, sizes and limits. If we remove a major paid feature during a period you have already paid for, we will tell you in advance where we reasonably can. If the change significantly reduces what you paid for, you can cancel, and you can ask us for a fair refund or credit for the rest of that period.
Beta features
Features we label as beta, preview or experimental may be incomplete, may change or stop without notice, and are provided as they are.
Availability
We work to keep the Service running, but we don’t promise that it will always be available, uninterrupted or error-free. It may be unavailable during maintenance or because of problems with our providers or the internet.
Keep your own copies
ColorCraft is not a backup service. Download and keep copies of the books and files that matter to you.
4. Prices, payment and taxes
- Prices. Our prices are shown on our pricing page and at checkout, in US dollars. The price shown at checkout, before you pay, is the price you are charged.
- Taxes. Prices don’t include sales tax, VAT or similar taxes unless we say so. Where we must collect tax, it is calculated and shown at checkout before you pay.
- Payment. Payments are processed by our payment provider, Stripe. When you pay, you authorize us and Stripe to charge your payment method for the amounts you owe, including the recurring charges described in Section 6. Stripe’s own terms also apply to your payment. We don’t store your full card details.
- Keep your payment details current. Keep a valid payment method on your account. You are responsible for any fees your bank charges you, such as foreign transaction fees.
- Discounts and promotions. A discount or promo code applies only to the charges and period stated in the offer; after that, the regular price applies. Offers can’t be combined unless we say so, have no cash value, and may end at any time.
- Price changes. We may change our prices. New prices apply to new purchases straight away. Before a price increase applies to an existing subscription, we will email you the new price, the date it takes effect and how to cancel, between 7 and 30 days before the renewal at which you are first charged it. If you don’t want to pay the new price, cancel before that renewal.
- Mistakes. If a price we show is clearly wrong, we may cancel the purchase and refund what you paid.
5. Free trials
New customers may be offered a 7-day free trial of a monthly plan. A payment method is required to start a trial.
What a trial includes
- 40 tokens (the current trial grant): enough for a complete 24-page book, its cover, and room to redo pages.
- The creation tools of the plan you chose.
- Watermarked downloads. During a trial, book downloads (interior and cover), single pages and share links are low-resolution, watermarked previews that are not suitable for printing or publishing. The print-ready file needs a paid plan (which you can start at any time) or a one-time book unlock (Section 8). A trial that started before we introduced watermarked trial downloads keeps print-ready downloads until it ends.
When the trial ends
- The trial’s end date is shown on your Billing page.
- To avoid being charged, cancel before the end date, as described in Section 6. If you cancel during the trial, you won’t be charged, and you keep trial access until the end date.
- We aim to email you a reminder before your trial ends. Not receiving one doesn’t change the end date or the need to cancel in time.
- If you start your plan early (“Upgrade now”), the trial ends at once, we charge the first month straight away, and your remaining trial tokens carry over to your plan.
Trial tokens
Tokens included with a trial are for use during the trial. If the trial becomes a paid plan, its unused tokens carry over to the plan. If a trial ends without becoming a paid plan, you are not entitled to use its unused tokens unless you later start a plan, and we may remove them at any time.
One trial per customer
Free trials are for new customers: one per person, household and payment method. We may refuse a trial, or end one early along with its tokens, if we reasonably believe it is a repeat trial, uses a disposable email address or someone else’s payment method, or is otherwise abusive. Buying a book unlock does not start, end, pause or cancel a trial (Section 8).
6. Subscriptions and automatic renewal
How to cancel
- Online. In your account, open Billing, choose Manage (Manage subscription on a paid plan), then Continue to cancel. That opens our payment provider’s customer portal, where you confirm the cancellation. The page before the portal may show other options, such as switching to a smaller plan, but you can always continue straight to cancelling.
- By email. Write to hello@colorcraft.ai from the email address on your account and say that you want to cancel. An email cancellation takes effect when we receive it, and we will confirm it in writing.
- You can always reach the Billing page to cancel, including without accepting an update to these Terms (Section 25).
When cancelling takes effect
- Cancelling a paid plan stops future renewals. Your plan stays active until the end of the period you have already paid for. We don’t refund or credit the rest of that period, except as described in Section 9 or where the law requires.
- Until that date you can undo the cancellation and keep your plan without a gap: for a trial, with Resume trial on the Billing page; for a paid plan, through Manage subscription on the Billing page and our payment provider’s customer portal.
- After a paid plan ends, your books, covers and library images stay in your account, and you can still use your unused tokens and download print-ready files of your books. You stop receiving new tokens. This is how the Service works today; we may change it for the future by giving you at least 30 days’ notice.
- After a trial ends without becoming a paid plan, your books stay in your account and you can download watermarked previews of their pages. Print-ready files and cover downloads need a paid plan or a book unlock.
Changing plans
- Moving to a larger monthly plan takes effect straight away. We charge the prorated price difference for the rest of your current billing period at once, add the prorated extra tokens, and renew at the new plan’s price.
- Moving to a smaller plan takes effect at your next renewal. Nothing is charged or refunded for the current period. From that renewal you pay the smaller plan’s price, and its token allowance and rollover cap apply.
- Other changes, such as switching between monthly and annual billing or changing an annual plan, are made by our support team. We will tell you the price and timing before making the change.
Failed payments
If a renewal payment fails, our payment provider retries it for a limited time and we may email you. We may keep your access for up to 7 days while we retry; after that, paid features pause until the payment succeeds or you update your payment method. If we can’t collect the payment, we may cancel the subscription. You remain responsible for any amount you owe.
While a payment is failing, we may offer to move you to a smaller plan straight away. That move is charged when you confirm it and starts a new billing period on that day; we show the amount before you confirm.
Where the law requires us to remind you before an annual plan renews, or to send you a yearly reminder of your plan’s terms and how to cancel, we will.
7. Tokens (“pages”)
Tokens, shown in the app as “pages”, are credits you use to create content in ColorCraft. Generating one coloring page, puzzle or storybook illustration currently uses one token; some items, such as cover art and mockups, use more. Current costs are listed in our Tokens & billing guide. We may change token costs for future generations.
How you get tokens
- Paid plans add their monthly token allowance, as shown on our pricing page, every month. Monthly plans add it when the plan starts and at each monthly renewal. Annual plans add it when the plan starts and then every month while the plan is active.
- Free trials include a one-time grant (Section 5).
- We may give promotional or goodwill tokens, which may come with their own expiry date.
- Tokens bought in a token pack (we no longer sell them) don’t expire while your account is open. If you later subscribe, they become part of your balance and follow your plan’s rollover rule below; if the rollover cap removes tokens you bought in a token pack, tell us and we will add those tokens back.
Rollover
While you have a paid plan, unused tokens carry over from one month to the next, up to your plan’s rollover cap (currently twice its monthly allowance, as shown on the pricing page). Each time your plan adds its monthly allowance (at each monthly renewal, or every month on an annual plan), tokens above the cap are removed and then your new allowance is added, so use them before then.
When a plan or trial ends
- If a paid plan ends, your unused tokens stay in your account and you can still use them; no new tokens are added (Section 6).
- If a trial ends without becoming a paid plan, you are not entitled to use its unused tokens unless you later start a plan, and we may remove them at any time.
- If we close your account for breaking these Terms, all of its tokens are forfeited.
What tokens are, and aren’t
- Tokens are a limited license to use features of the Service. They are not money, property or a deposit, have no cash value, and can’t be sold, transferred, exchanged or redeemed for cash.
- Tokens, including unused tokens, are not refundable, except as described in Section 9 or where the law requires.
- Generations are final. Tokens used to generate content are not returned because you don’t like the result. If a generation fails because of a system error, we may, at our discretion, return the tokens or give you a credit.
- We may correct a token balance that is wrong because of an error, fraud or abuse.
8. One-time book unlock
A book unlock lets you download the print-ready file of one book without a subscription, for a one-time payment: currently $24, plus applicable tax (the tax is calculated and shown at checkout before you pay).
- Not a subscription. An unlock is a single payment, and it does not renew.
- It doesn’t change a free trial. Buying an unlock does not start, end, pause or cancel a trial. If you don’t want a subscription, you must also cancel your trial (Section 6); otherwise it becomes a paid plan when the trial ends. An unlock is not refunded or credited because you keep your trial, your trial becomes a paid plan, or you later start or restart a plan, even though a plan also includes print-ready files. If you were charged for an unlock while your plan or trial already gave that book print-ready downloads, we refund it (Section 9).
- One book, one account. An unlock covers only the book it was bought for, in the account that bought it. It can’t be moved to another book or account.
- Page allowance. An unlock covers your book at the number of book pages it had when you bought the unlock plus 4 more, and never fewer than 28 pages. For example, a 10-page book can grow to 28 pages, and a 50-page book to 54. “Book pages” means the pages of your book in the ColorCraft editor, not the page count of the exported PDF. The exact number is shown before you pay. Editing, replacing or reordering pages doesn’t count against the allowance. If the book grows beyond it, its download becomes a watermarked preview again until you remove the extra pages.
- What isn’t included. An unlock includes no tokens and no access to the creation tools. Generating new or replacement pages, or new cover art, uses tokens and needs an account that can still create, such as one with an active trial or plan. If your trial has ended, an unlocked book’s cover can be downloaded only from cover art you have already made.
- Delivery. An unlock is digital content. It is applied to your book as soon as your payment goes through, usually within moments, and the print-ready file can then be downloaded. At checkout you ask us to supply it immediately (see EU and UK customers for what that means in those countries).
- How long it lasts. An unlock lasts as long as the book and your account exist and the Service is available. If the book or your account is deleted, the unlock ends and can’t be restored or refunded. We recommend downloading and keeping a copy of your print-ready file.
- If it doesn’t work. If an unlock doesn’t work as described, we will fix it or refund it (Section 9).
9. Refunds
When we refund
- Charges made in error. We refund a duplicate charge, a second unlock of a book that is already unlocked, an unlock bought while your plan or trial already gave that book print-ready downloads, and a charge taken after you cancelled in time.
- An unlock that doesn’t work. If an unlock doesn’t work as described, for example if the book’s print-ready file can’t be produced, tell us. We will fix it or, if we can’t within a reasonable time, refund it.
- Printed copies, as described in Section 16.
- Changes on our side. A purchase we cancel because the price shown was clearly wrong (Section 4); a fair refund or credit if we remove a major paid feature during a period you paid for (Section 3); and the unused part of a paid period if we stop the Service, or close your account when you haven’t broken these Terms (Section 19).
- At our discretion. We may give a refund or a token credit in other cases, for example a generation that failed because of a system error. Doing so once doesn’t oblige us to do it again.
To ask for a refund, email hello@colorcraft.ai with the date and amount of the charge. Refunds go back to the original payment method.
EU and UK customers
If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you usually have 14 days to withdraw from an online purchase. For our digital products:
- Book unlocks are digital content supplied straight after payment. The text next to the pay button at checkout says that, by paying, you ask us to supply the unlock immediately and you acknowledge that you lose your right to withdraw once the print-ready file is made available to you. Where the law of your country requires more than that for the right to withdraw to end, you keep the right that law gives you.
- Trials and subscriptions: if you withdraw within 14 days of signing up for a trial or a subscription, we will refund everything you paid under it in full.
- To withdraw, email hello@colorcraft.ai with a clear statement that you are withdrawing.
Nothing in these Terms affects your legal rights if digital content or a service we supply is faulty or not as described.
10. Chargebacks and payment disputes
If something about a charge looks wrong, please contact us first: we can usually fix billing problems quickly. If you dispute a charge with your bank or card issuer instead:
- we may suspend your account while the dispute is open;
- we may cancel the subscription, or suspend the book unlock, that the disputed payment was for;
- we may give your bank evidence of the charge, such as your acceptance of these Terms, your account activity and delivery records;
- if the dispute is decided in our favor, the original charge stands; and if the dispute was made in bad faith, we may close your account and, where the law allows, recover the dispute fees charged to us.
Nothing here limits rights you have under the law or your card issuer’s rules.
11. Acceptable use
You are responsible for how you use the Service and for what you put into it. You must not use the Service to create, upload or share anything that:
- breaks the law or promotes illegal activity;
- infringes anyone’s copyright, trademark or other rights, including prompts or uploads meant to reproduce characters, logos, brands, artwork or text that belong to someone else (for example, Disney, Nintendo or Marvel characters), unless you have permission;
- uses a real person’s photo, name or likeness without their permission. You need permission from every identifiable person in a photo you upload and, for a child, from their parent or guardian;
- sexualizes minors in any way, or is sexually explicit;
- is hateful, harassing, threatening, graphically violent, or promotes self-harm;
- is defamatory or deceptive, impersonates anyone, or shows real people in a misleading way;
- misleads buyers, for example by crediting a book to someone else or hiding that it was made with AI where a platform requires you to say so.
You also must not:
- get around, or try to get around, usage limits, token charges, trial rules, the export gate or a watermark, or remove or obscure a watermark;
- copy, scrape, reverse engineer or interfere with the Service, or access it with bots or scripts other than through features we provide;
- resell or share access to the Service (as opposed to the books you make with it);
- use the Service or its output to build or train a competing product or AI model;
- upload malware, or probe or break our security;
- break the rules of the platforms where you publish or sell.
Our AI providers apply their own content rules, so some prompts may be refused. We may review content (but don’t have to), and we may block prompts, remove content, or suspend or close accounts that we reasonably believe break this section. Tokens used on content that breaks this section are not returned.
12. Your content and our license to it
- “Your Content” means the prompts, text, photos and other files you give us (“Inputs”) and the images, pages, covers and books the Service generates for you (“Output”).
- You keep ownership of your Inputs. Ownership of Output is covered in Section 13.
- You confirm that you have all the rights and permissions your Inputs need, including the consent of people shown in photos you upload, and that our use of them under these Terms won’t break the law or anyone’s rights.
- Your license to us. You give ColorCraft a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt Your Content (for example, to resize it or build a PDF), only as needed to operate, provide, secure, support and improve the Service, as described in our Privacy Policy. Our service providers (such as hosting, AI and payment providers) may do this on our behalf for the same purposes. We don’t use photos you upload, or the likeness of anyone in them, to train AI models. The license ends when Your Content is deleted from the Service, except for copies held in backups or that we must keep by law or to resolve a dispute, which we delete in the normal course.
- We won’t sell your books, show them publicly or use them in our marketing without your permission. Anything you choose to share, for example through a share link, can be seen by anyone who has the link.
- If you send us ideas or feedback, we may use them without any obligation to you.
13. Generated content: ownership and commercial use
- Ownership. As between you and ColorCraft, you own the Output you generate, and we assign to you any rights we have in it.
- Commercial use. You may use your Output for any lawful purpose, including selling books on Amazon KDP, Etsy and elsewhere, whether or not you have a paid plan. This is subject to these Terms, especially Section 11, and to the rights of others.
- Watermarked previews are for reviewing your book only. You may not sell, print for sale, publish or distribute a watermarked preview, or remove or obscure its watermark. For a file you can print and sell, use a paid plan (current or ended, as described in Section 6) or a book unlock.
- Not exclusive. AI can produce similar or even identical results for different people. Your rights don’t extend to Output generated for others, and others may make content similar to yours.
- Copyright. In some countries, including the United States, AI-generated material may not be protected by copyright, or only in part. We don’t promise that you can register or enforce copyright in your Output.
- Our materials. Templates, layouts, fonts, puzzle generators, design elements and sample content that we provide remain ours or our licensors’. You may use them as part of the books you make with the Service, but not on their own (for example, you can’t resell our templates or fonts).
14. AI-generated content: what to expect
- Output is created automatically by AI models, including models run by third-party providers. It can be inaccurate, unexpected or uneven in quality, can contain mistakes in text, spelling or details, and can unintentionally resemble existing works, characters or brands.
- We don’t guarantee that Output will be unique, accurate, suitable for any particular purpose or audience (including children), or free of other people’s rights.
- You are responsible for reviewing Output before you use, print, publish or sell it, including checking it for other people’s characters, logos and trademarks, checking its text, and deciding whether it suits your readers, and you are responsible for your publishing decisions.
- Your prompts and uploads are sent to our AI providers to generate Output, as described in our Privacy Policy.
15. Amazon KDP and other platforms
- ColorCraft is not affiliated with, endorsed by or sponsored by Amazon or any other marketplace or printer. Amazon and Kindle Direct Publishing (KDP) are trademarks of Amazon.com, Inc. or its affiliates.
- “Print-ready” means a file formatted to the trim size, margins, bleed and resolution that ColorCraft shows for your book. We don’t guarantee that Amazon KDP or any other printer or marketplace will accept a file, approve or keep a listing, or that your book will sell. Their requirements and decisions are outside our control and can change.
- You are responsible for checking their current requirements, ordering a proof copy before you sell, following their terms and content rules (including any AI-content disclosure), and for your listings, prices, sales and taxes.
- We are not responsible if a platform rejects or removes your book, or takes action against your account there.
- Other services you use with ColorCraft, such as Google sign-in and Stripe, are governed by their own terms.
16. Printed copies
Where this feature is available, you can order printed copies of a book you made in ColorCraft. You order from ColorCraft, and our print partner prints and ships the copies. The details shown when you order (format, price and shipping) also apply.
- Price. The total, including printing, shipping, our service fee and applicable tax, is shown before you pay.
- Your files. Copies are printed from your book’s files as you approved them, so check them carefully, and order one copy first when a book is new. We are not responsible for problems in content you approved, such as typos, art choices or low-resolution images you uploaded. You authorize us and our print partner to reproduce your content for your order, and you confirm that you have the rights to it.
- Cancelling. Copies are made to order. You can cancel an order only before printing starts, which is about 2 hours after you order, by contacting us (Section 28) with your order number. We then refund it in full. Once printing has started, an order can’t be cancelled or refunded, except as described in the next point.
- Damaged or misprinted copies. If a copy arrives damaged or misprinted, or doesn’t match what you ordered, contact us within 30 days of delivery with your order number and photos of the problem. We will reprint or refund the affected copies.
- Shipping. We currently ship only to addresses in the United States, to the address on the order exactly as entered. Delivery dates are estimates.
17. ColorCraft’s intellectual property
The Service, including its software, design, features and templates, and the ColorCraft name and logo, belong to us and our licensors and are protected by law. As long as you follow these Terms, we give you a personal, limited, non-exclusive, non-transferable and revocable license to use the Service to make your books. We keep all rights we don’t expressly give you. Don’t use our name or logo in a way that suggests we endorse you or your books.
18. Copyright complaints
We respond to notices of claimed copyright infringement under the US Digital Millennium Copyright Act (DMCA). If you believe that content on ColorCraft infringes your copyright, email hello@colorcraft.ai with the subject “Copyright notice” and include:
- your physical or electronic signature;
- the copyrighted work you say is infringed;
- the material you say infringes it, and where it is (for example, its URL);
- your name, address, phone number and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act for them.
If your content was removed and you believe that was a mistake, or that you had permission, you can send us a counter-notice with the information the DMCA requires. We close the accounts of repeat infringers in appropriate circumstances. Knowingly false notices can make the sender liable for damages.
19. Suspension and termination
- You can stop using the Service at any time. To close your account and delete its content, contact us. Please cancel any subscription first (Section 6); if you haven’t, we cancel it when we close the account.
- We may suspend or close your account, or limit what you can do, if you break these Terms (seriously or repeatedly), don’t pay what you owe, commit fraud or abuse, or if your use puts us, other users or our providers at legal or security risk, or the law requires it. Where we reasonably can, and unless the law or security prevents it, we will tell you why.
- We may also stop offering the Service altogether. If we do, or if we close your account when you haven’t broken these Terms, we will give you at least 30 days’ notice where we reasonably can, and refund the unused part of any subscription period you have paid for.
- When your account closes, your right to use the Service ends, its tokens and book unlocks end, and we may delete Your Content after a reasonable period. If we close your account because you broke these Terms, you won’t get a refund.
- Sections that by their nature should continue after your account closes do so, including those on refunds, chargebacks, content, intellectual property, disclaimers, liability, indemnification and disputes.
20. Disclaimer of warranties
Some places don’t allow these exclusions, so some of them may not apply to you. You may also have consumer rights that can’t be excluded, and these Terms don’t take them away.
21. Limitation of liability
To the fullest extent permitted by law, ColorCraft and its owners, employees and suppliers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, royalties or sales, lost data or content, loss of goodwill, or the suspension of an account on another platform, arising out of or relating to these Terms or the Service, even if we were told they were possible.
Our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the event that gave rise to the claim, and (b) US$50.
These limits apply whatever the legal basis of the claim (contract, tort including negligence, statute or otherwise), and even if a limited remedy fails of its essential purpose. They don’t limit liability that the law doesn’t allow to be limited, such as liability for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence, and they don’t take away your legal rights as a consumer.
22. Indemnification
To the extent the law allows, you will defend and indemnify ColorCraft and its owners, employees and suppliers against third-party claims, and the resulting losses and reasonable legal fees, arising from: Inputs you provide; your breach of these Terms or of the law; or books you publish or sell, to the extent the claim arises from your Inputs, your instructions or your changes, or from your not following Section 11, Section 14 or Section 15. This doesn’t apply to the extent a claim arises from our own breach, negligence or misconduct. We will tell you promptly about any claim; we may take over its defense at our own cost, and you will cooperate with us; and neither of us may settle a claim that affects the other without that party’s consent, which won’t be unreasonably withheld.
23. Dispute resolution and arbitration
Try to resolve it informally first
Before starting an arbitration or a court case, the party with the dispute must send the other a written notice describing it and what they want: you to hello@colorcraft.ai, and us to the email address on your account. We both then try in good faith to resolve it for 60 days. Time limits for bringing the claim are paused during that period.
Agreement to arbitrate
If the dispute isn’t resolved, you and ColorCraft agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including whether it must be arbitrated, will be resolved by binding individual arbitration, except as described below. However, a court, not the arbitrator, decides any dispute about the validity, scope or enforceability of the class action and jury trial waiver or of the public injunctive relief provision, and whether a claim falls within the small claims or intellectual property exceptions. The Federal Arbitration Act governs this agreement to arbitrate.
- Rules. The arbitration is run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. Fees are paid as those rules provide. We won’t seek our fees or costs from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
- Where. The hearing takes place in the county where you live, or by video, phone or written submissions if you prefer or if the claim is for US$10,000 or less.
- Small claims. Either of us may instead bring an individual claim in a small claims court that has jurisdiction over it.
- Intellectual property. Either of us may ask a court for an injunction to stop the infringement or misuse of intellectual property.
- Public injunctive relief. Any claim for public injunctive relief that the law doesn’t allow to be arbitrated is decided in court after the individual claims are arbitrated, and is paused until then.
Class action and jury trial waiver
You and ColorCraft may bring claims against each other only individually, not as a plaintiff or class member in any class, consolidated or representative proceeding. The arbitrator may not combine more than one person’s claims and may award relief only in favor of the individual party seeking it. If this waiver is found unenforceable for a claim, that claim (and only that claim) goes to court, and this agreement to arbitrate doesn’t apply to it. You and ColorCraft both waive the right to a jury trial.
Opting out
You can opt out of this agreement to arbitrate within 30 days after you first accept these Terms (or, if you already had an account, after you accept this version) by emailing hello@colorcraft.ai from the email address on your account, with your name and a statement that you opt out of arbitration. Opting out doesn’t affect the rest of these Terms. If you opted out of an earlier version, your opt-out still applies.
Changes to this section
A material change to this section applies to you only once you accept it (for example, by accepting updated Terms when we ask you to), and even then not to a dispute either of us gave notice of before the change. Within 30 days after you accept a changed version, you may reject the change by emailing hello@colorcraft.ai, and the version you accepted before it continues to apply to you.
Where this section doesn’t apply
If you are a consumer living in the European Union, the European Economic Area, the United Kingdom, Switzerland, or another country whose law doesn’t allow consumers to agree to arbitration in advance, this section doesn’t apply to you. You can bring a claim in the courts where you live, and the mandatory consumer protections of your country apply.
24. Governing law and courts
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, for the agreement to arbitrate, by the Federal Arbitration Act. Except for claims in small claims court, which may be brought in any small claims court with jurisdiction (including where you live), and for consumers covered by “Where this section doesn’t apply” in Section 23, any claim that isn’t arbitrated (including if you opted out) must be brought in the state or federal courts located in California, and you and ColorCraft agree to the jurisdiction of those courts. If you are a consumer outside the United States, you may also be able to bring a claim in the courts where you live.
25. Changes to these Terms
- We may change these Terms. For a material change, such as one to fees, renewals, refunds, your rights in your content or how disputes are resolved, we will tell you by email or in the app at least 14 days before it takes effect, unless the change is required by law or covers a new feature, in which case it may take effect sooner.
- We will ask you to accept material changes. The next time you open the app after a material change, you will see the updated Terms and must accept them to keep using it. You can still open the Billing page to manage or cancel your plan without accepting.
- Changes are not retroactive. They don’t change a purchase or billing period you have already paid for, a free trial that is already running, or a dispute that one of us has already given notice of.
- If you keep a subscription after a change takes effect without accepting it, the updated Terms apply to you from your first renewal at least 14 days after we notify you of the change, except that changes to Section 23 apply to you only if you accept them. If you don’t agree to a change, cancel before that renewal.
- Other changes, such as clarifications and corrections, take effect when we post them.
26. Export controls and sanctions
You may not use the Service if you are located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, or if you are on a US government list of restricted or prohibited parties. You must follow all export control and sanctions laws that apply to your use of the Service and its content.
27. General terms
- Entire agreement. These Terms, the Privacy Policy and any extra terms shown when you buy or use a feature are the whole agreement between you and ColorCraft about the Service, and they replace earlier versions and any other understandings.
- Severability. If any part of these Terms can’t be enforced, it is limited to the minimum extent needed, and the rest stays in effect.
- No waiver. If we don’t enforce a right, we haven’t given it up.
- Assignment. You may not transfer your account or these Terms without our written consent. We may transfer them, for example as part of a merger, acquisition or sale of assets, and will tell you if we do.
- Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of our providers, natural disasters or changes in law.
- Notices. We send notices to the email address on your account, and they count as received when sent, unless we learn they weren’t delivered. You agree to receive agreements, notices and other communications from us electronically. Send notices to us at hello@colorcraft.ai.
- No third-party rights. These Terms don’t give rights to anyone except you and ColorCraft.
- Relationship. You and ColorCraft are independent; these Terms don’t create a partnership, agency or employment relationship.
- Language and headings. These Terms are written in English, which controls if a translation differs. Headings are for convenience only, and “including” means “including without limitation”.
28. Contact us
Questions about these Terms, cancellations, refunds, legal notices and arbitration opt-outs: email hello@colorcraft.ai. You can also reach us through our contact page.
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