Terms & Conditions
These Terms & Conditions govern the use of the content and services offered through ColorsScan application.
The terms “user” or “you” refer to the user of the Services.
By using or accessing our Services you accept these Terms & Conditions.
Your use of our Services is subject to Jeremy Perez Privacy Policy, which is an integral part of these Terms & Conditions and is available at http://perezjeremy.fr/terms-and-conditions-colorsscan/.
GENERAL RULES
By using ColorsScan App you are subject to these Terms & Conditions and to any rules or policies applied by any App Store provider from whose site you download the App (“Provider”).
We license use of ColorsScan App to you on the basis of these Terms & Conditions. We (or our affiliates and/or third party licensors, where applicable) remain the owners of ColorsScan App all times.
PAYMENTS
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments: Their Privacy Policy can be viewed at: https://www.apple.com/legal/privacy/en-ww/ / https://support.apple.com/en-us/HT203027
AGE
ColorsScan App is not directed to individuals under the age of sixteen (16). To use the App, you agree that you must be 16 or older. However, if law requires that you must be older in order for ColorsScan to lawfully provide the Services to you without parental consent (including using of your personal data) then you must acquire this minimum age.
USING APP
The ColorsScan team is committed to making the Application as useful and efficient as possible. For this reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you what you are paying for.
It’s your responsibility to keep your phone and access to ColorsScan App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ColorsScan App won’t work properly or at all.br>
Certain functions of the App will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. Stoic cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.br>
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming.
Along the same lines, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, Stoic cannot accept responsibility.
Although we strive to ensure that the app is up-to-date and correct at all times, we rely on third parties to provide us with information so that we can make it available to you. Stoic accepts no liability for any loss, direct or indirect, that you suffer by relying entirely on this functionality of the Application.br>
At some point, we may want to update the app. The app is currently available on iOS - requirements for systems (and for any additional systems to which we decide to extend the app's availability) may change, and you will need to download updates if you wish to continue to use the app. The ColorsScan team cannot guarantee that they will always update the app so that it is relevant for you and/or works with the iOS version you have installed on your device.
We may also wish to cease providing the App and terminate its use at any time without giving you notice of termination. Unless we tell you otherwise, upon termination, (a) the rights and licenses granted to you in these Terms will terminate; (b) you must stop using the Application and (if necessary) delete it from your device.br>
If you are not the bill payer for the device on which you are using the app, please be aware that we assume that you have received permission from the bill payer to use the app.
COPYRIGHTS
Subject to these Terms and Conditions, ColorsScan grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services, including downloading and making personal non-commercial use of ColorsScan App on user’s mobile or tablet device.
All elements contained in the Services, including software, App, App content, website, website and social media pages content (together as “Materials”) are owned by ColorsScan (or our affiliates and/or third party licensors, where applicable) and are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. You agree and acknowledge that you shall not acquire any ownership rights in or to these Materials.
The Materials may not be used except as provided for in these Terms and Conditions. The Materials are not intended for your commercial use. You are authorised to share a limited amount of content provided by Stoic on your personal social media accounts (Facebook, Twitter, etc.), your blog or other online commentary, analysis or review. You may not modify such a content. You agree not to publish such a content in false, inaccurate, or misleading context or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, hateful or otherwise objectionable.
You may not otherwise download, display, copy, reproduce, distribute, publish modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, or other Materials without ColorsScan prior consent.
All trademarks, logos, images, company names and brands displayed or referred to in the Services are the property of ColorsScan or respective owners. You have no license or right to use, alter or remove or copy them.
Any unauthorized use or violation of these Terms & Conditions immediately and automatically terminates your right to use the Services and may subject you to legal liability.
USER’S RESPOSIBILITIES
You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
APPLICABLE LAWS AND JURISDICTIONS
For the users located in the United States this agreement is governed by the laws of the State of California and the United States, without regard to choice or conflict of rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this agreement shall be federal and state courts located in San Francisco County, California, the US. For the users located in other countries (including the European Union) this agreement is governed by the laws of Poland and venue of courts located in Warsaw, Poland.
CHANGES TO TERMS AND CONDITIONS
The ColorsScan team reserves the right to modify or update these terms and conditions, or any other of our policies or practices, at any time, and will notify users by posting the updated terms and conditions, policies or practices on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms and Conditions, policies or practices as modified. In certain circumstances, we may also notify you of changes through additional means, such as emails or notifications in the ColorsScan app.
