Menu Close

Terms and Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use

Effective date: June 29, 2026

Welcome to Color My Life. Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications, including our iOS, Android, and web applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@colormylife.com, 88769 Territorial Hwy, Ste 81, Elmira, OR 97437, USA.

These Terms of Use (the “Terms”) are a binding contract between you and Color My Life Inc. (“CML,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

About the summaries in this document: To make these Terms easier to follow, each section below begins with a short plain-English summary marked "In short." These summaries are provided for convenience only. They are not part of the contract and do not change, limit, or expand the full text of any section. If a summary and the full text ever seem to conflict, the full text controls.

Will these Terms ever change?

In short: Yes — we may update these Terms, and we'll let you know (via the website, email, or an in-app notice). If you keep using the Services after a change takes effect, you're agreeing to it.

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the http://colormylife.com website, by sending you an email, by posting an in-app notice, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

In short: Your privacy is governed by our Privacy Policy. We don't knowingly collect personal information from children under 13.

CML takes the privacy of its users very seriously. For the current CML Privacy Policy, please click here. The Privacy Policy describes how we collect, use, share, and safeguard personal information, and explains the rights available to you under applicable privacy laws, including (where applicable) the California Consumer Privacy Act / California Privacy Rights Act (“CCPA/CPRA”), other U.S. state privacy laws, the EU and UK General Data Protection Regulation (“GDPR”/“UK GDPR”), and Canada’s PIPEDA.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at support@colormylife.com. Additional protections may apply to teens under applicable law (for example, in the United Kingdom under the Age Appropriate Design Code, and in certain U.S. states); see our Privacy Policy for details.

What are the basics of using CML Services?

In short: Give us accurate sign-up information, keep your password safe, and use the Services for your own personal, lawful use. You're responsible for everything that happens on your account.

You may be required to sign up for an account, and provide an email address and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Consent to receive periodic messages

In short: By signing up, you agree to receive messages from us (you can unsubscribe from marketing emails), and you confirm that anyone else you sign up has agreed to receive them too.

As part of the Services, you may receive communications through the Services, including messages that CML sends you (for example, via email or in-app notification). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CML, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE SERVICES OR FOR WHOM YOU PROVIDE AN EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM CML. You agree to indemnify and hold CML harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Your use of the Services is subject to the following additional restrictions:

In short: Don't misuse the Services. That means no breaking the law, harming or harassing others, hacking, spamming, scraping, or copying or reverse-engineering our content or software. Breaking these rules can cost you access.

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including CML);
  • Violates any law or regulation, including, without limitation, any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your CML account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content; or
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

In short: Our content and the Services are protected by intellectual property law. You can use them within the App, but you can't copy, resell, or otherwise exploit content you don't own.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including CML’s) rights.

You understand that CML owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

What about content I create or share through the Services? (User Content)

In short: You own what you create. You give us a license to host, display, and share it so the Services work, and you promise you have the rights to what you upload. Barcode catalog entries work differently — see "Catalog Data" below.

The Services may let you create, upload, post, save, send, or share content, including coloring pages, palettes, artwork, comments, captions, and other materials (collectively, “User Content”). You are responsible for your User Content and for ensuring you have all rights necessary to provide it to us and to make it available through the Services.

Ownership. You retain all ownership rights you have in your User Content. We do not claim ownership of your User Content.

License you grant to CML. By providing User Content through the Services, you grant CML a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, your User Content, in each case solely for the purposes of operating, providing, improving, marketing, and promoting the Services. Except as set out in the Catalog Data paragraph below, this license continues for as long as your User Content is available through the Services and for a commercially reasonable wind-down period after deletion (for example, in backups). Any sublicenses you have granted (for example, to other users with whom you shared the User Content) survive termination of these Terms in accordance with their terms.

License you grant to other users. If you share User Content with other users of the Services or make it publicly available, you also grant those users a non-exclusive license to access and use that User Content as permitted by the Services and these Terms.

Catalog Data.

In short: Unless you opt out, items you add may be included in our shared barcode catalog using only the title, barcode, manufacturer, category, and a product image — never your notes, tags, or identity. Once an anonymized entry is in the catalog, it stays even if you leave. You can opt out anytime in settings.

Notwithstanding the foregoing paragraphs of this Section, certain entries you add to your personal catalog may, unless you have opted out, be reviewed by CML for possible inclusion in the shared Color My Life barcode catalog. For any entry CML selects for inclusion, the data included in the shared catalog consists of the item’s title, barcode, manufacturer, category, and a product image (collectively, “Catalog Data”). CML does not include in the shared catalog any personal notes or tags you have added to an entry, focuses on an image of the product itself (rather than anything you may have made with or from it), and screens submissions to exclude personally identifiable information. CML may also review and standardize Catalog Data (for example, normalizing manufacturer names and categories). Because the shared catalog is a resource that benefits every user, CML retains Catalog Data that has been included in the shared catalog even if you delete the entry from your personal catalog, deactivate your account, or stop using the Services. After any such deletion, deactivation, or departure, CML will retain such Catalog Data only in de-identified or aggregated form (i.e., no longer linked to you as an identifiable individual), and you grant CML a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to host, store, reproduce, modify, adapt, distribute, display, perform, and create derivative works of such de-identified or aggregated Catalog Data in connection with operating, improving, and promoting the Services. You may opt out of having your new entries considered for the shared catalog through your account settings (or as otherwise indicated in the app); opting out does not affect Catalog Data already included in the shared catalog prior to your opt-out, which remains subject to this paragraph. For clarity, the de-identification and retention described in this paragraph do not affect any privacy rights you may have under applicable law; see our Privacy Policy for details.

Your representations. You represent and warrant that: (i) you own your User Content or have all rights, licenses, consents, and releases necessary to grant the licenses above; (ii) your User Content, and our use of it as permitted by these Terms, will not infringe, misappropriate, or violate the rights of any third party (including intellectual property rights, rights of publicity or privacy, or moral rights) or any applicable law; and (iii) your User Content does not violate the restrictions set out elsewhere in these Terms.

Removal. We may, but are not obligated to, monitor, review, or moderate User Content. We reserve the right (but not the obligation) to remove or restrict access to any User Content at any time, for any reason, in our sole discretion, including User Content we believe violates these Terms or applicable law.

DMCA / copyright infringement notices. If you believe that User Content or other Content available through the Services infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated copyright agent at support@colormylife.com (subject line: “DMCA Notice”) or by mail to Color My Life, Inc., Attn: Copyright Agent, 88769 Territorial Hwy, Ste 81, Elmira, OR 97437, USA. We will respond to valid notices in accordance with the Digital Millennium Copyright Act, and we may terminate the accounts of repeat infringers in appropriate circumstances.

Feedback. If you send us suggestions, ideas, or other feedback about the Services (“Feedback”), you agree that we may use that Feedback for any purpose without obligation or compensation to you.

Who is responsible for links or connections to third party websites or services through the Services?

In short: We're not responsible for third-party websites, services, or your dealings with them. Review their terms and privacy policies yourself.

The Services may contain links or connections to third party websites or services that are not owned or controlled by CML. When you access third party websites or use third party services, you accept that there are risks in doing so, and that CML is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

CML has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, CML will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CML shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users and any third party, you agree that CML is under no obligation to become involved. In the event that you have a dispute with any third party, you release CML, its directors, officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Will CML ever change the Services?

In short: The Services may change over time. We may add, limit, or remove features or content. We'll try to warn you about major changes that would adversely affect you, but we can't always.

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

In short: Some features are free; some cost money. If you buy a paid plan, you authorize us (or Apple/Google) to charge you, you must keep your billing details current, and subscriptions renew automatically until you cancel.

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive email messages through the Services, data rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. Where you purchase a Paid Service through the Apple App Store or the Google Play Store, billing is handled by Apple or Google (as applicable) under their respective terms, and the Payment Processor for that purchase is Apple or Google rather than our third-party Payment Processor. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Auto-Renewing Subscriptions. If you sign up for a subscription Paid Service, your subscription will automatically renew at the end of each billing period (e.g., monthly or annually) at the then-current price unless you cancel before the renewal date. You can cancel at any time through your account settings in the app, or, if you purchased through the Apple App Store or Google Play Store, through your Apple or Google account subscription settings. We will provide notices and disclosures (including renewal notices and price-change notices) where required by applicable law, including under California, New York, and other state automatic renewal laws.

Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@colormylife.com.

What if I want to stop using the Services?

In short: You can cancel anytime in the app (or via Apple/Google). We can also suspend or close your account, which may delete your content. Some terms (like payment, IP, and dispute terms) continue to apply after you leave.

You’re free to do that at any time, by cancelling in the app (or, for purchases through the Apple App Store or Google Play Store, through your Apple or Google subscription settings). Payments, be they monthly or annually, will not be charged starting on the day following cancellation. Where pre-payment has been made for services, they will be available up until the time that the prepaid period ends.

CML is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. CML has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Company.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

I use the CML App available via the Apple App Store – should I know anything about that?

In short: If you use our iOS app, this agreement is between you and CML — not Apple. Apple isn't responsible for the app, but Apple can enforce these Terms as a third-party beneficiary.

These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Apple Application”), but the following additional terms also apply to the Apple Application:

  • Both you and CML acknowledge that the Terms are concluded between you and CML only, and not with Apple, and that Apple is not responsible for the Apple Application or the Content;
  • The Apple Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  • You will only use the Apple Application in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
  • In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application;
  • You acknowledge and agree that CML, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
  • You acknowledge and agree that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, CML, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and CML acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and CML acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

I use the CML App available via the Google Play Store – should I know anything about that?

In short: If you use our Android app, this agreement is between you and CML — not Google. Follow Google Play's terms; Google isn't responsible for the app, and we are.

These Terms also apply to your use of the Android applications available via the Google Play Store, operated by Google LLC (“Google”) (the “Android Application”). The following additional terms apply to the Android Application:

  • You acknowledge that these Terms are concluded between you and CML only, and not with Google, and that Google is not responsible for the Android Application or the Content;
  • Your use of the Android Application must comply with Google’s then-current Google Play Terms of Service;
  • The Android Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  • You acknowledge that Google has no obligation whatsoever to furnish any maintenance, support, or warranty services with respect to the Android Application;
  • CML, and not Google, is solely responsible for the Android Application and the Content thereof, and for addressing any claims relating to the Android Application (including product liability, legal compliance, or intellectual property infringement claims); and
  • You agree to pay all fees (if any) charged by the Google Play Store in connection with the Android Application.

I use the CML web app – should I know anything about that?

In short: If you use our website, you provide your own device and connection, we use cookies as described in our Privacy Policy, and any third-party sign-in you use has its own terms.

These Terms also apply to your use of the Color My Life website and any browser-based Services we make available at colormylife.com or related domains (the “Web Application”). When using the Web Application:

  • You are responsible for providing your own internet connection, browser, and compatible device, and for any associated data, hardware, or service charges;
  • You acknowledge that the Web Application may rely on cookies, local storage, and similar technologies as described in our Privacy Policy and any cookie notice presented in the Web Application;
  • You will not attempt to interfere with, disrupt, or place an unreasonable load on the Web Application or its underlying infrastructure; and
  • Where you sign in using a third-party identity provider (for example, “Sign in with Apple,” “Sign in with Google,” or similar), your use of that sign-in method is also governed by the third party’s applicable terms.

What else do I need to know?

In short: This section contains the important legal protections — the Services are provided "as is," our liability is capped, you agree to cover us for claims caused by your use, and most disputes go to individual arbitration in Oregon (with a 30-day opt-out). The full text of each provision controls.

Warranty Disclaimer. In short: the Services are provided "as is" — we don't guarantee they'll be accurate, uninterrupted, or error-free. Neither CML nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from CML or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. In short: if something goes wrong, we're not liable for indirect damages, and our total liability is capped at the greater of $100 or what you paid us in the prior 12 months. Some states don't allow these limits, so they may not fully apply to you. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. In short: if someone brings a claim because of how you used the Services, your User Content, or your breaking these Terms, you agree to cover our resulting costs. To the fullest extent allowed by applicable law, you agree to indemnify and hold CML, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your User Content, and (c) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CML’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Oregon, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. In short: most disputes between you and CML must be resolved by binding individual arbitration in Eugene, Oregon — not in court, and not as a class action. You waive a jury trial. You can opt out of arbitration by writing to us within 30 days of first accepting these Terms (see the Opt-out paragraph below), and you can always use small claims court for qualifying claims. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with CML and limits the manner in which you can seek relief from us. Both you and CML acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, CML’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Eugene, Oregon. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. CML will pay all arbitration fees for claims less than $75,000. CML will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court. Furthermore, either you or CML may assert claims, if they qualify, in small claims court in Lane County, Oregon or any United States county where you live or work.

(d) Waiver of Jury Trial. YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and CML are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and CML over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Color My Life, Inc., 88769 Territorial Hwy, Ste 81, Elmira, OR 97437, USA, postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or CML to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and CML agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Lane County, Oregon.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the CML may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and CML agree that these Terms are the complete and exclusive statement of the mutual understanding between you and CML, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, including without limitation the prior version of these Terms with an effective date of March 2019. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of CML, and you do not have any authority of any kind to bind CML in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application, the Google Play Android Application, and the arbitration agreement, you and Company agree there are no third party beneficiaries intended under these Terms.

If you have any questions or concerns please contact us: