Colory Terms of Service

Welcome to use "Colory" (hereinafter referred to as "this App").

These Terms of Service (hereinafter referred to as "this Agreement") is a legally binding agreement between you and us regarding your use of the "Colory" App and related services.

1. Service Description

• "Colory" is a mobile application (App) focused on extracting theme colors from images and providing color card management and other functions.
• We are committed to providing you with safe and convenient color recording and management services. Through this App, you can take photos or select images from your album to extract colors, create and manage your color cards.
• Core Functions and Data Storage Principles:
  • The core functions of this App (including color extraction, color card creation, management, local search, user information editing and management, etc.) run and are stored locally on your device by default.
  • This App provides an iCloud data sync function to facilitate the synchronization of your color card content between different devices logged into the same Apple account.
  • The iCloud sync function is provided as a paid "Colory Pro" feature. After you complete the purchase and enable this feature, your User Content (including moments, color cards, etc.) will be encrypted and stored through Apple's iCloud service. At this time, your data will no longer be limited to local storage on a single device.
  • When you choose not to enable the iCloud sync function or have not purchased the Pro feature, all your user data will still only be saved in the local storage of your device and will not be uploaded to any cloud server.
• We reserve the right to modify, suspend, or terminate all or part of the service content and functions at any time without prior notice. We do not assume compensation liability for any inconvenience or loss caused by service changes, suspension, or termination, unless otherwise required by law.

2. User Eligibility and Account

• The service object of this App is a natural person who is at least 14 years old. If you are under 14, please read this Agreement with your legal guardian and use this App only after obtaining the guardian's consent. We do not recommend that children use the core functions of this App.
• As of now, this App does not require registering an account or logging in to any third-party account to use all its free basic functions. Your experience is completely independent of any external account system.
• You are responsible for ensuring the truthfulness, accuracy, and completeness of all information you enter during the use of this App. You shall bear any consequences caused by inaccurate, incorrect, or incomplete information.
• You are responsible for properly keeping your device and device unlock information (such as password, fingerprint, or Face ID) to prevent others from using your device and this App without authorization. Any data leakage, loss, or liability caused by your poor custody resulting in device loss, theft, or use by others shall be borne by you.

3. User Content

• "User Content" refers to any information you create and store locally on your device through this App, including but not limited to moments, color cards, etc.
• Ownership: You expressly and irrevocably retain ownership and related intellectual property rights of the User Content you create. We do not claim any ownership or intellectual property rights over your User Content.
• License Grant: In order to provide the core functions of this App on your device (such as local storage, editing, search, display, etc.), you grant us a limited, non-exclusive, royalty-free license necessary for running this App on your device, allowing this App to process and use your User Content locally on your device. If you choose to purchase and enable the iCloud sync function, this license also covers the encrypted data transmission and storage operations through Apple iCloud services necessary to achieve data synchronization between devices. We will not access, view, or use your User Content synchronized through iCloud.
• Your Responsibility: You are fully responsible for the User Content you create. You guarantee that you have the legal right to publish such content (if applicable), and that the content does not violate any laws or regulations, does not infringe upon the legitimate rights and interests of any third party (including but not limited to intellectual property rights, privacy rights, etc.), and does not contain any illegal, pornographic, violent, defamatory, harassing, threatening, false, misleading, or offensive content.
• Content Management: Since all data is completely localized and we cannot access it, we cannot and do not intend to review User Content. You assume full responsibility and risk for all User Content on your device.

4. Privacy and Data Security

We attach great importance to your privacy protection. For how we handle your information, please refer to our Colory Privacy Policy. The Privacy Policy is an integral part of this Agreement. Before using this App, you must carefully read and agree to our Privacy Policy.

4.1 Data Storage and Sync Options:

• Local Storage: When you do not enable iCloud sync or have not purchased this feature, this App will not collect, upload, or store any of your User Content to any cloud server. All your personal data only exists in the local storage of your device. Some functions may require network connection for normal use. If you have purchased or subscribed to "Colory Pro", a network connection is required to synchronize related purchase status and rights.
• iCloud Sync: After you actively pay for and enable the iCloud sync function, your User Content will be encrypted and synchronized through the iCloud service provided by Apple. We rely on Apple's iCloud infrastructure to implement this function, and we cannot access your User Content stored in iCloud. By enabling this feature, you indicate that you accept Apple's iCloud service terms and privacy policy.
• Minimum Necessary Information: The core functions of this App can be used without collecting any personal information (such as name, email, or phone number). We do not actively collect your personally identifiable information. The implementation of the iCloud sync function relies on the Apple account and iCloud account of your device. Relevant information is directly managed by Apple, and we do not obtain or store your Apple account or iCloud account credentials.
• No Tracking: This App does not integrate any third-party advertising SDK or user behavior analysis tracking tools (such as advertising identifier IDFA), and will not track your user behavior or cross-App activities. This principle applies regardless of whether you enable iCloud sync.

4.2 Data Security Responsibility:

• We have taken reasonable technical measures to ensure the security of this App itself when processing your local data. However, the ultimate responsibility for data security lies with you. You must take all necessary measures to protect the security of your device, your Apple account, and your iCloud account, including but not limited to:
• Setting a strong device passcode, fingerprint, or Face ID lock.
• Enabling two-factor authentication for your Apple account.
• Keeping the device operating system, this App, and iCloud services up to date.
• Installing reliable security software (if applicable).
• Regularly backing up important data on your device (including User Content in this App) to local or external storage media you trust. Even if you have enabled iCloud sync, we strongly recommend that you make additional local backups to guard against iCloud account security risks or service interruptions.
• We expressly state that we assume no responsibility for the loss of User Content caused by device loss, theft, damage, operating system failure, accidental deletion, virus or malicious software attack, iCloud account theft, or password leakage. You understand and accept this risk.

5. Usage Restrictions

You undertake that when using this App, you shall not:

• Violate the laws and regulations of any country or region.
• Infringe upon the intellectual property rights, privacy rights, or other legitimate rights and interests of others.
• Upload or spread any viruses, Trojans, or other malicious programs (although this App does not connect to the internet, this clause remains a general requirement).
• Interfere with or disrupt the normal operation of this App, or attempt to reverse engineer, decompile, disassemble this App, or obtain its source code (unless permitted by law).
• Use this App for any illegal, fraudulent, or malicious activities.
• Copy, rent, lend, sell, distribute, sublicense this App or any part thereof, or create derivative works without our written permission.

6. Disclaimer

6.1 "As Is" Provision:

This App and its services are provided on an "as is" and "as available" basis. We expressly disclaim any express or implied warranties regarding the availability, timeliness, security, accuracy, completeness, error-free nature, or uninterrupted operation of this App.

6.2 Service Interruption and Data Loss Risk:

• Due to device hardware failure, software conflicts, operating system issues, user misoperation, device loss or damage, iCloud service interruption or failure, and other reasons, this App service may be interrupted or your stored User Content may be lost.
• You hereby explicitly acknowledge, understand, and fully accept that the loss of User Content or service interruption caused by any of the above reasons is an inherent risk of your use of this App, your device, and (if applicable) iCloud services. You have been informed and agree that we do not assume any direct, indirect, incidental, special, consequential, or punitive compensation liability for this.
• You understand and agree that the availability of the iCloud sync function depends on Apple's iCloud service. We do not assume responsibility for sync failure or data inaccessibility caused by Apple service interruption, account security issues, your device issues, or your failure to purchase this paid feature.
• You have an inescapable responsibility to regularly back up data you consider important. We strongly recommend that you establish a local or external backup solution independent of iCloud, regardless of whether you use iCloud sync.

6.3 Third-Party Services and Links:

This App may contain links to third-party websites or services (for example, help documents or feedback links). These links are for your convenience only, and we are not responsible for the content, accuracy, privacy policies, or practices of third-party websites or services. You assume the risk of using third-party services.

6.4 Indirect Loss and Liability Cap:

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages (including but not limited to loss of profits, data loss, or business interruption) arising from the use or inability to use this App, even if we have been advised of the possibility of such damages. In any event, our total liability (if any) shall be limited to the fees you paid for this App (usually zero) or the minimum amount permitted by applicable law.

7. Intellectual Property

• The intellectual property rights and related rights of this App (including its overall design, interface, code, technology, trademarks, logos, icons, service names, etc.) and all content we provide (except User Content) belong to us or our licensors.
• Without our prior written consent, you may not use our trademarks, service marks, or trade dress in any way.

8. Fees and Purchases

8.1 Subscription Services

Some advanced features of this App (such as iCloud sync, advanced color analysis, unlimited color card storage, etc.) need to be unlocked by subscribing to "Colory Pro".

• Subscription Period: We offer monthly, quarterly, and annual subscriptions.
• Auto-Renewal: Subscriptions will automatically renew according to the period you selected. Unless you manually turn off auto-renewal at least 24 hours before the end of the current subscription period, the subscription will automatically be extended.
• Billing Description: After confirming the purchase, the fee will be deducted from your Apple ID account. Renewal fees will be deducted from your account within 24 hours before the end of the current billing cycle.
• Management and Cancellation: You can manage your subscription or cancel automatic renewal at any time by going to iOS device "Settings" > "Apple ID" > "Subscriptions".
• Free Trial: If we offer a free trial period, after the trial ends it will automatically convert to a paid subscription. If you cancel the subscription at least 24 hours before the trial ends, no fee will be charged.

8.2 User's Consent to Changes in Payment Model

• You understand and agree that we reserve the right to introduce new paid features or adjust business models (including but not limited to launching new subscription services, new payment models, or price adjustments) in the future.
• When you click "Agree" to this Agreement or use this App in any way, you agree to accept any legal changes in payment models that we may introduce in the future, including adding subscription features or adjusting existing payment structures. We will notify you in advance of significant changes within the App or through other means.
• You have the right to choose whether to purchase or subscribe to any new features launched in the future. Users who have not purchased any paid features (including current or future ones) can continue to use the basic free features of this App.

8.3 Payment and Management

• All purchases made through this App are completed through the Apple App Store payment system.
• You need to comply with Apple's purchase terms, conditions, and App Store policies. We do not directly process or store your payment information.
• For features using the subscription model, unless you turn off auto-renewal in your Apple account settings at least 24 hours before the end of the current subscription period, it will automatically renew.
• Unless otherwise provided by applicable law or Apple's refund policy, paid fees are usually non-refundable.
• If you still need a refund, please refer to the official refund process

8.4 Service Changes and Cancellation

• If you initiate a refund (for one-time paid products, such as the "Unlimited Plan") or cancel a subscription (for subscription products), the related services will be disabled, and we have the right to reclaim data space newly generated outside the paid features. Please properly keep your data before initiating a refund or canceling a subscription.
• We reserve the right to modify, suspend, or terminate any paid feature or service according to business needs without compensation to you, unless otherwise provided by law.

9. Agreement Changes

• We reserve the right to modify this Agreement at any time, including but not limited to updating service content, adjusting existing features, introducing new payment models, or modifying fee structures. We will notify you of significant changes by posting updated versions within the App or publishing them on our website.
• Continuing to use this App means you accept the revised Agreement. If you do not agree to the revised Agreement, you should stop using this App.

10. Agreement Termination

• You may terminate this Agreement at any time by deleting the App or canceling your subscription (if applicable).
• If you seriously violate this Agreement, we have the right to immediately terminate or suspend your right to access and use this App without prior notice.
• After the Agreement is terminated, your right to use this App immediately terminates. You should stop using this App. The provisions of Articles 4 (Privacy and Data), 6 (Disclaimer), 7 (Intellectual Property), 11 (Applicable Law and Dispute Resolution), and 12 (Miscellaneous) shall remain in effect after the termination of this Agreement.

11. Applicable Law and Dispute Resolution

• The conclusion, execution, interpretation, and dispute resolution of this Agreement shall be governed by the laws of mainland China, excluding its conflict of laws rules.
• Any dispute arising from or related to this Agreement shall first be resolved through friendly consultation between the parties. If consultation fails, either party has the right to submit the dispute to the people's court with jurisdiction in Beijing for litigation.

12. Miscellaneous

12.1 Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or modified to the minimum extent necessary to make it valid and enforceable, and the validity of the remaining provisions shall not be affected.

12.2 Entire Agreement

This Agreement (including the Privacy Policy) constitutes the entire agreement reached between you and us regarding the use of this App and supersedes all prior oral or written communications and proposals.

12.3 Assignment

Without our prior written consent, you may not assign any rights or obligations under this Agreement. We may assign our rights and obligations under this Agreement to our affiliates or business transferees.

12.4 No Waiver

Our failure or delay in exercising any right or remedy under this Agreement does not constitute a waiver of such right or remedy.

12.5 Contact Us

If you have any questions about this Agreement or our services, or need to contact us, please contact us through the following methods: