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Terms & Conditions

TABLE OF CONTENTS

  1. 1. Definitions
  2. 2. Welcome and Introduction
  3. 3. IQ Testing and Training Disclaimers
  4. 4. Acceptance of Terms
  5. 5. Account Eligibility and Security
  6. 6. Subscription Services
  7. 7. Refund Policy
  8. 8. Intellectual Property Rights
  9. 9. User Content and Rights
  10. 10. Service Level Agreement (SLA)
  11. 11. Technical Requirements
  12. 12. Customer Support and Complaints
  13. 13. Limitation of Liability
  14. 14. Dispute Resolution
  15. 15. Service Modifications
  16. 16. Account Termination
  17. 17. Legal Information

1. DEFINITIONS

1.1 Service and Platform Terms

  • ColorAnalysis: Operating as ColorAnalysis ("we," "us," or "our")
  • Service: All features, functionalities, programs, and content available through ColorAnalysis
  • Platform: Our website, applications, and related services accessible via any device
  • User: Any individual or entity accessing or using our services ("you" or "your")

1.2 Testing and Training Terms

  • Color Analysis Test: An online assessment designed to evaluate your natural features, such as skin tone, hair, and eye color, to recommend a personalized color palette.
  • Personal Color Palette: A selection of colors uniquely matched to your individual characteristics, designed to enhance your appearance and support confident style choices.
  • Style Recommendations: Suggestions for clothing, makeup, and accessories based on your personalized palette and analysis results, aimed at helping you look and feel your best.

1.3 Subscription Terms

  • Subscription: Recurring paid access to premium features
  • Trial Period: Initial 7-day access period available for $1.00
  • Standard Subscription: Recurring paid access following trial period
  • Billing Cycle: The frequency of subscription charges (weekly, monthly, or quarterly)

1.4 Security Terms

  • Authentication Code: Time-sensitive, single-use verification code for account access
  • Account Security: Methods and procedures for protecting user access
  • Access Credentials: Information used to verify user identity

1.5 Technical Terms

  • Force Majeure: Circumstances beyond reasonable control preventing or delaying service delivery, including:
    • Natural disasters (earthquakes, floods, storms)
    • Government actions or regulations
    • War, terrorism, or civil unrest
    • Cyber attacks or security incidents
    • Network or infrastructure failures
    • Pandemics or health emergencies
    • Internet service provider outages
    • Power grid failures
    • Other circumstances beyond our reasonable control

2. WELCOME AND INTRODUCTION

2.1 Platform Overview

Welcome to ColorAnalysis! Our digital platform provides personalized color analysis and style recommendations, helping you discover your best colors for clothing, makeup, and accessories—all tailored to your unique features.

2.2 Agreement to Terms

  • You agree to these terms and conditions
  • You accept our Privacy Policy
  • You consent to our data practices
  • You acknowledge our service limitations

2.3 Access Methods

  • Web browsers
  • Mobile devices
  • Tablet computers
  • Desktop applications
  • Third-party integrations
  • Any future access methods

3. COLOR ANALYSIS DISCLAIMERS

3.1 Informational and Educational Purpose

  • ColorAnalysis provides color analysis tests and style recommendations for informational and educational purposes only.
  • Our services are not a substitute for professional medical, dermatological, or psychological assessment.
  • Analysis results and recommendations are intended for personal style guidance only.
  • Results should not be used for medical, diagnostic, or therapeutic purposes.

3.2 Service Limitations

  • Results are based on the information and images you provide.
  • Results are influenced by factors such as lighting, camera quality, device display settings, and the accuracy of submitted information.
  • Results may vary from user to user and are subject to interpretation.

3.3 No Professional Advice

  • Our services do not replace consultation with qualified professionals.
  • We do not provide medical, dermatological, or psychological advice.
  • For health, dermatology, or mental health concerns, consult a licensed specialist.

3.4 User Responsibility

  • All use is at your own risk and discretion.
  • No guarantees of specific results, satisfaction, or improvement are made.
  • We are not liable for decisions made based on analysis results, style choices, purchases, or emotional responses to your results.

4. ACCEPTANCE OF TERMS

4.1 Agreement to Terms

  • By accessing or using ColorAnalysis's website and services, you acknowledge that you have read, understood, and agree to be bound by these terms.
  • If you do not agree with any part of these terms, you must not use our services.
  • Your continued use of our services following any changes constitutes acceptance of those changes.

4.2 Modifications to Terms

  • We reserve the right to modify these terms at any time.
  • We will notify users of material changes via email.
  • Changes become effective:
    • For new users: Immediately upon posting
    • For existing users: 30 days after notification
  • Your continued use after changes indicates acceptance of updated terms.

5. ACCOUNT ELIGIBILITY AND SECURITY

5.1 Age Requirements

  • Minimum age: 16 years
  • Legal age in jurisdiction
  • Age verification may be required

5.2 Account Creation

  • One account per user
  • Valid email required
  • Accurate information needed
  • Regular updates required

5.3 Security Requirements

  • Secure email management
  • Protection of access codes
  • Unauthorized access reporting
  • Information accuracy maintenance

5.4 Account Protection

  • Passwordless authentication
  • Single-use verification codes
  • Time-limited access
  • Session security measures

5.5 Prohibited Activities

  • Multiple accounts
  • Credential sharing
  • False information
  • Unauthorized access
  • Security bypasses

5.6 Organizational Usage

  • Proper authority required
  • Authorization verification
  • Usage restrictions
  • Authority changes reporting

5.7 Data Retention Policy

To ensure security and efficiency, we automatically remove inactive user accounts after 365 days of inactivity.

  • If a user has had at least one conversation in the past 365 days, their data remains active until their most recent conversation exceeds the 365-day limit.
  • If a user has not interacted with our platform for over 365 days, their account and all associated data will be permanently deleted.

Regular users remain active, but accounts inactive for over 365 days will be automatically removed. This policy ensures a secure and efficient platform. To keep your account active, engage with our platform periodically. For any questions, please contact our support team. Thank you for being a valued user!

6. SUBSCRIPTION SERVICES

6.1 Subscription Options

  • 7-day trial period
  • One-time charge of $1.00
  • Full access to all premium features
  • Converts to selected plan rate after trial

Standard Subscription Pricing

  • Begins after the trial period ends.
  • Charged at the rate selected during signup.
  • Regional pricing applies (see Section 6.2).
  • No additional trial periods available.

Price Transition

  • Trial price ($1.00) applies for the first 7 days only.
  • Selected subscription rate begins immediately after the trial.
  • First standard charge occurs on trial expiration.
  • Users are notified of the exact pricing before the trial ends.

Example

  • If you select a $14.99/month plan with a trial:
    • Day 1-7: $1.00 total (trial period)
    • Day 8 onwards: $14.99/month (standard rate)
    • Option to cancel before standard rate begins

6.2 Standard Subscription Plans

  • Base pricing in USD*:
    • Weekly Plans:
      • Basic: $9.99/week
      • Standard: $11.99/week
      • Plus: $12.99/week
      • Premium: $14.99/week
    • Monthly Plans:
      • Starter: $14.99/month
      • Plus: $29.99/month
      • Pro: $39.99/month
      • Premium: $59.99/month
      • Ultimate: $69.99/month
    • Quarterly Plan:
      • Premium Quarterly: $29.99/quarter
  • *Regional Pricing:
    • Prices may be displayed in your local currency.
    • Your exact price will be clearly shown during sign-up process.
    • Final rates vary based on:
      • Local sales tax and VAT requirements
      • Regional pricing adjustments
      • Currency conversion rates
      • Geographic market conditions
      • Purchasing power parity
      • Current promotions
      • Seasonal offerings
    • You will be charged the exact amount shown during your sign-up.
    • The price displayed at sign-up will be your guaranteed rate.
    • No hidden fees or additional charges will be added after sign-up.
    • Any future changes to your subscription rate will be communicated in advance.
    • Note: While base prices are listed in USD above, you will always see your actual local price before completing any purchase. The price shown during your sign-up process is the exact amount you will be charged, with all applicable regional factors already included.
  • Trial Payment Processing:
    • Your trial payment of $1 may be processed as two separate charges of $0.50 each.
    • The first payment activates your trial subscription.
    • The second payment confirms that your payment method on file supports recurring charges.
    • We process this verification because we are providing you with a 7-day trial at a nominal price to enable you to try our services, and we want to ensure your payment method is valid for future billing.
    • This split payment processing may be applied based on your region, location, or payment method.
    • The total amount charged remains $1 regardless of whether one or two transactions are processed.

6.3 Payment and Billing

  • PCI-DSS compliant payment processing
  • Major credit/debit cards accepted
  • Select regional payment methods supported
  • Automatic billing on subscription renewal
  • Price lock guarantee for existing subscribers
  • Pricing changes only affect new subscriptions
  • Multiple retry attempts over 30 days
  • Account suspension after 30 days of failed payments
  • Bank fees for declined payments are customer responsibility

6.4 Subscription Management

Post-Cancellation Terms

  • Service continues until current period ends.
  • No automatic renewals after cancellation.
  • No partial refunds for unused time.
  • Account reactivation is available at current rates.

Important Notes

  • All subscriptions auto-renew until canceled.
  • Cancel anytime before renewal to avoid charges.
  • Subscription features may vary by region.
  • Some features may be available as one-time purchases ($4.99-$14.99).

7. REFUND POLICY

7.1 Trial Period Refunds ($1.00)

  • Eligible for full refund within 30 days of purchase if:
    • First-time trial user
    • No previous trial refunds on any account
    • No terms of service violations
    • Request submitted through official channels

7.2 Regular Subscription Refunds

  • Not eligible for refunds except in these specific cases:
    • Service Unavailability: Documented downtime exceeding 24 consecutive hours. Not caused by scheduled maintenance or force majeure events.
    • Technical Issues: Platform bugs preventing core feature access. Must be reported within 30 days of the charge and verified by our technical team.
    • Billing Errors: Duplicate charges, incorrect amount charged, unauthorized transactions.
    • Legal Requirements: As required by applicable laws in your jurisdiction.

7.3 Non-Refundable Cases

  • Partial/unused subscription time after cancellation
  • Plan downgrades
  • Feature unavailability during maintenance
  • Change of mind or no longer needing service
  • Failure to cancel before renewal

7.4 Refund Process

  • Submit a request through: Email: support@color-analysis.pro
  • Include: Account email, transaction details, reason for refund, supporting documentation
  • Processing time: 3 business days

7.5 Currency Processing

7.5.1 Supported Currencies
  • We process payments in local currency for:
    • United States (USD)
    • European Union (EUR)
    • United Kingdom (GBP)
    • Canada (CAD)
    • Australia (AUD)
  • For all other regions, charges will be processed in USD.
7.5.2 Currency Conversion
  • Exchange rates are determined by your bank or card issuer.
  • Any currency conversion fees charged by your bank are not refundable.
  • You may see currency conversion charges on your statement from your bank.
  • These conversion charges are separate from our service charges and are not controlled by ColorAnalysis.
Note: While we don't charge additional fees for currency conversion, your bank or card issuer may apply their own conversion fees or charges. Please check with your financial institution for details about their international transaction policies.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership Rights

  • All platform content and functionality are owned by ColorAnalysis.
  • Protected by international copyright laws.
  • All trademarks and service marks are proprietary.

8.2 Licensed Content

  • Personal, non-commercial use only
  • Non-transferable license
  • No modification permitted
  • No source code extraction
  • No redistribution allowed

8.3 Prohibited Actions

  • Reverse engineering
  • Content reproduction
  • Copyright notice removal
  • Derivative works creation
  • Unauthorized distribution

9. USER CONTENT AND RIGHTS

9.1 User Ownership

  • Users retain full ownership of submitted content
  • Includes profile information, responses, and custom content
  • Personal data remains user property

9.2 License to ColorAnalysis

  • Users grant ColorAnalysis:
    • Non-exclusive license
    • Worldwide usage rights
    • Royalty-free terms
    • Perpetual duration
    • Transfer rights
    • Sublicense permission

9.3 Content Usage Rights

  • ColorAnalysis may:
    • Display user content
    • Optimize for technical purposes
    • Analyze for improvements
    • Use in anonymized research
    • Include in statistics

9.4 Content Restrictions

  • Users must not submit:
    • Copyrighted material
    • Malicious code
    • Harmful content
    • Inappropriate material
    • Deceptive information

9.5 Quality Standards

  • All content must meet:
    • Technical requirements
    • Format specifications
    • Quality guidelines
    • Safety standards

10. SERVICE LEVEL AGREEMENT (SLA)

10.1 Service Availability

  • 97% annual uptime guarantee
  • Maintenance exclusions
  • Subject to Force Majeure events (as defined in Section 1.5)
  • Performance monitoring

10.2 Change Categories

A. Standard Changes
  • Feature updates
  • Interface improvements
  • Performance optimization
  • 15-day notice required
  • User communication provided
B. Emergency Changes
  • Critical security updates
  • Legal compliance requirements
  • System stability issues
  • Immediate implementation
  • Post-change notification

10.3 Maintenance Windows

  • Scheduled: 24-hour notice
  • Emergency: Immediate when required
  • Duration: Maximum 4 hours
  • Timing: Low-usage periods

10.4 Service Credits

  • 95-97% uptime: 3-day credit
  • 90-95% uptime: 7-day credit
  • Below 90%: 14-day credit

11. TECHNICAL REQUIREMENTS

11.1 Browser Support

  • Google Chrome (version 90 or later)
  • Mozilla Firefox (version 88 or later)
  • Safari (version 14 or later)
  • Microsoft Edge (Chromium-based version 90 or later)
Update Requirements:
  • Security updates: Required within 60 days of release.
  • Security patches: Mandatory installation.
  • Legacy version support: 6 months.
  • Feature deprecation notice: 30 days advance warning

11.2 Display Requirements

  • Minimum screen resolution: 320x480 pixels
  • Recommended resolution: 768x1024 pixels
  • Responsive design support
  • Automatic interface adaptation

11.3 Mobile Device Requirements

iOS Devices:
  • iOS version 13.0 or later
  • Compatible devices: iPhone 6s and newer, iPad Air 2 and newer, iPod Touch 7th generation and newer
  • Regular security updates required
  • Automatic updates recommended
Android Devices:
  • Android version 8.0 (Oreo) or later
  • Hardware acceleration support required
  • Security patches mandatory
  • System updates recommended

11.4 Internet Connection Requirements

  • Minimum download speed: 1 Mbps
  • Recommended speed: 5 Mbps or higher
  • Stable connection required
  • Maximum latency: 300ms
  • Minimal packet loss tolerance

11.5 System Resources

  • RAM: 4GB (8GB recommended)
  • Storage: 1GB available space
  • Processor: Multi-core, 2GHz or faster
  • Operating System: Latest security patches installed

11.6 Additional Requirements

  • JavaScript enabled
  • Cookies enabled
  • Modern web standards support
  • Secure connection capability (HTTPS)
  • Local storage access

12. CUSTOMER SUPPORT AND COMPLAINTS

12.1 Support Availability

  • Customer Support: Available 24/7/365
  • Average response time: 24 hours
  • All inquiries tracked with unique ticket numbers.

12.2 Support Channels

Primary Support Methods:Self-Service Options:
  • Account management
  • Subscription changes
  • Troubleshooting guides
  • FAQs and documentation
  • Immediate automated assistance

12.3 Response Times

General Support:
  • Automatic acknowledgment: Immediate
  • Initial response: Within 24 hours
  • Average response time: 12 hours
  • Resolution target: 3-5 business days
Legal Matters:
  • Acknowledgment: 1-3 business days
  • Resolution: Within 15 business days

12.4 Complaint Resolution Process

Initial Submission Requirements:
  • Full name and account email
  • Detailed issue description
  • Supporting documentation
  • Timeline of events
  • Previous communication references
  • Submit to: info@color-analysis.pro
Resolution Process:Acknowledgment Phase (24 hours):
  • Automated receipt confirmation
  • Case manager assignment
  • Severity assessment
  • Information verification
Investigation Phase (3-5 business days):
  • Account history review
  • Technical analysis
  • Departmental consultation
  • Solution development
Resolution Phase (3-5 business days):
  • Solution implementation
  • Effectiveness verification
  • Customer confirmation
  • Documentation completion

12.5 Escalation Procedure

First-Level Escalation:

12.6 Quality Assurance

  • All support interactions are:
    • Tracked in secure system
    • Reviewed for improvement
    • Analyzed for patterns
    • Used for staff training
    • Monitored for compliance

13. LIMITATION OF LIABILITY

Scope of Limitations

While we strive to provide reliable and high-quality services, ColorAnalysis's liability is strictly limited under these terms. Our maximum aggregate liability for any claims arising from or related to our services shall not exceed the amount paid by you for the services during the twelve (12) months preceding the claim. This limitation applies regardless of the form of action, whether in contract, negligence, strict liability, or other legal theory.

Excluded Damages

  • Financial Losses:
    • Lost profits or revenue
    • Business interruption costs
    • Lost business opportunities
    • Lost or damaged data
    • Cost of substitute services
    • Investment or business decisions based on our services
  • Indirect Damages:
    • Consequential damages
    • Incidental damages
    • Punitive damages
    • Special damages
    • Emotional distress
    • Reputational damage
  • Technical Issues:
    • Temporary service interruptions
    • Data transmission errors
    • Third-party software failures
    • Device compatibility issues
    • Internet connectivity problems

Service-Related Limitations

  • Accuracy of Color Analysis color analysis results
  • Effectiveness of
  • Achievement of specific cognitive improvements
  • Personal or professional outcomes
  • Decision-making based on our assessments

Force Majeure: We are not liable for failures or delays resulting from Force Majeure events (as defined in Section 1.5).

Indemnification Obligations

User Responsibilities:

You agree to indemnify, defend, and hold harmless ColorAnalysis, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Service Usage:
    • Violation of these terms
    • Unauthorized account access
    • Misuse of services
    • Content submitted or shared
    • Interaction with other users
  • Legal Compliance:
    • Violation of applicable laws
    • Intellectual property infringement
    • Privacy rights violations
    • Data protection breaches
    • Regulatory non-compliance
  • Third-Party Claims:
    • Disputes with other users
    • Claims from affected parties
    • Regulatory investigations
    • Legal proceedings
    • Administrative actions

14. DISPUTE RESOLUTION

Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of the United States, specifically the State of Delaware. Any legal action or proceeding arising out of or relating to these terms shall be exclusively filed in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts.

14.1 Mandatory Arbitration Process

Initial Dispute Resolution:

Before initiating any formal legal proceedings, we encourage users to contact us directly to resolve any disputes informally. We will make good-faith efforts to resolve any issues through direct communication within 30 days of notification.

Formal Arbitration Requirements:

If informal resolution is unsuccessful, all disputes shall be resolved through binding arbitration:

14.1.1 Arbitration Rules
  • Conducted by the Delaware Court of Chancery
  • Following Commercial Arbitration Rules
  • Administered in English language
  • Single arbitrator appointment
14.1.2 Arbitration Process
  • Written notice of dispute required
  • Detailed claim description
  • Supporting documentation
  • Proposed resolution
  • 60-day resolution window
14.1.3 Arbitration Proceedings
  • Virtual hearings
  • Document submission requirements
  • Witness testimony if necessary
  • Expert evidence when relevant
  • Reasoned written decision

14.2 Cost Allocation

  • Filing fees shared equally
  • Each party bears own legal costs
  • Arbitrator fees split unless otherwise awarded
  • Travel expenses responsibility of each party
  • Document production costs borne by producing party

14.3 Class Action Waiver

  • By agreeing to these terms, you explicitly waive:
    • Right to participate in class actions
    • Right to class-wide arbitration
    • Consolidated claims procedures
    • Representative actions
    • Private attorney general actions
This waiver means:
  • All disputes must be resolved individually
  • No joining or consolidating claims
  • No class-wide relief
  • Individual remedies only
  • Separate proceedings for each claim

14.5 Exceptions to Arbitration

  • The following matters are exempt from mandatory arbitration:
    • Intellectual Property Disputes: Copyright infringement, violations, patent disputes, trade secret misappropriation
    • Small Claims Court: Claims within jurisdictional limits, local venue requirements, individual capacity only, monetary relief only
    • Emergency Relief: Temporary restraining orders, preliminary injunctions, other urgent equitable relief, immediate harm prevention
    • Time Limitations: All claims must be brought within: Six months from incident date, discovery of claim basis, reasonable discovery time, statutory limitations, regulatory requirements

15. SERVICE MODIFICATIONS

15.1 Modification Rights

ColorAnalysis reserves the right to modify, suspend, or discontinue any aspect of our services, with or without notice, subject to the notice requirements detailed below.

15.2 Types of Changes

A. Platform Updates
  • Addition or removal of features
  • User interface improvements
  • Performance optimizations
  • Security enhancements
  • Technical requirement updates
  • Infrastructure modifications
B. Content Changes
  • Training program modifications
  • Assessment tool updates
  • Educational material revisions
  • Resource availability adjustments
  • Interactive content changes
  • Curriculum updates

15.3 Notice Requirements

A. Standard Changes
  • For material changes to the service, we will provide:
    • 15 days advance notice via email
    • Documentation updates
    • Migration guidance when applicable
    • Clear timeline for implementation
    • Instructions for any required user actions
B. Emergency Changes
  • We may implement immediate changes without a notice for:
    • Force Majeure events (as defined in Section 1.5)
    • Critical security updates
    • Legal compliance requirements
    • System stability issues
    • Critical bug fixes
    • Emergency maintenance
    • Infrastructure security

15.4 Change Implementation

A. Material Changes
  • Require advance notice as specified above
  • Include transition period when possible
  • Provide user guidance and support
  • May offer opt-out options when applicable
B. Non-Material Changes
  • May be implemented without a notice
  • Include but not limited to:
    • Minor bug fixes
    • Performance improvements
    • Content updates
    • UI refinements
    • Documentation updates

15.5 User Rights

  • Users will be notified of significant changes affecting service use
  • Users may terminate their subscription if they do not agree with material changes
  • Continued use after changes constitutes acceptance
  • Changes will not affect prior transactions

16. ACCOUNT TERMINATION

16.1 User-Initiated Termination

Termination Terms:
  • Available at any time
  • Takes effect immediately
  • No termination fees
  • Subject to current billing cycle completion
  • No refunds for unused period

16.2 ColorAnalysis-Initiated Termination

We reserve the right to terminate accounts for:
  • Terms Violations:
    • Multiple or severe policy breaches
    • Fraudulent activity
    • Abusive behavior
    • Security violations
    • Payment defaults
    • Account sharing
    • False information provision
  • Legal and Regulatory:
    • Regulatory compliance requirements
    • Valid court orders
    • Legal investigations
    • Government requests
    • Jurisdictional restrictions
    • Age verification failures

16.3 Termination Process

Notice:
  • User-initiated: Immediate confirmation
  • ColorAnalysis-initiated: Written notice when applicable
  • Emergency termination: Immediate effect for severe violations

16.4 Post-Termination Procedures

A. Access Management:
  • Immediate service discontinuation
  • Authentication code deactivation
  • API access revocation
  • Third-party integration closure
  • Account deactivation
B. Data Handling:
  • Account data retained per legal requirements
  • User content archived for 30 days
  • Personal data handled per privacy policy
C. Service Wind-Down:
  • Subscription cancellation
  • Credit balance refund if applicable

16.5 Reactivation Policy

  • Available within 30 days of termination
  • Subject to current terms and pricing
  • New account creation required after 30 days
  • Previous username may not be available
  • Reactivation subject to approval