Terms of Service

These terms are an agreement between you and Color Swag ("we", "us") covering the Color Swag iPhone app and the website at colorswag.xyz (together, the "Service"). By using the Service you agree to them. If you don't agree, please don't use it.

Who can use it

You must be at least 13 years old, or 16 if you are in the European Economic Area, to use the Service. If you are under the age of majority where you live, you may use it only with the involvement of a parent or guardian.

Your license to use the app

We grant you a personal, non-exclusive, non-transferable, revocable license to use Color Swag on Apple devices you own or control, for your own non-commercial use, in line with the App Store Terms of Service. You may not copy, resell, sublicense, reverse engineer, or attempt to derive the source code of the app, except to the extent that restriction is unenforceable where you live.

What the Service does, and doesn't do

Color Swag analyses an image you provide, identifies its dominant colors, and searches third-party retailers for clothing in those colors. The listings, images, prices, ratings, and availability it shows come from those retailers and from third-party search results.

We do not sell any product shown in the app. We are not a party to any transaction between you and a retailer. Anything to do with your order — payment, shipping, sizing, returns, refunds, warranty, customer service — is between you and that retailer, under their terms.

We do not control third-party listings and cannot guarantee that a price, an image, a rating, a stock level, or a description is accurate or current. Check the retailer's own page before you buy.

Color matching is approximate

Detected colors and matched products are suggestions produced by software. How a color looks depends on lighting, camera, screen calibration, fabric, and dye lot, and a retailer's idea of "rust" may not be yours. Color Swag makes no promise that an item will match your photo, your other clothes, or your expectations.

Affiliate links and how we make money

The Service is free to use. Some links to retailers are affiliate links: if you buy through one, we may receive a commission from the retailer or its affiliate network. This costs you nothing extra — the price is the same as going to the retailer directly.

As an Amazon Associate we earn from qualifying purchases. Commission has no bearing on which items the search returns; results come from the colors and filters you set.

Your photos and content

Your photos remain yours. Because color detection runs entirely on your device and images are never uploaded, we acquire no rights in them and no ability to use them — see the Privacy Policy.

You are responsible for having the right to use any image you analyse, and for not using the Service with content that is unlawful.

Acceptable use

You agree not to:

• access our search service other than through the Color Swag app, or build a competing or derivative service on top of it;
• use automated means to send requests at a volume beyond normal personal use, or attempt to evade rate limiting;
• probe, scan, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure;
• scrape, mirror, or redistribute listings or other content obtained through the Service;
• use the Service to break any law or infringe anyone's rights.

We apply rate limits to keep the Service usable and affordable, and may suspend access that breaks these rules.

Our intellectual property

The Color Swag name, logo, design, and software are ours and are protected by intellectual property law. These terms give you no right to use our branding. Product names, images, and trademarks shown in results belong to their respective owners.

Availability and changes

The Service is provided as-is and may change. We may add, alter, or remove features, or suspend or discontinue the Service, at any time and without notice. We are not obliged to maintain any particular retailer, category, or search behaviour, and the Service depends on third-party providers who may change or fail independently of us.

Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy, reliability, or availability of results or third-party content. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Color Swag will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service — including any purchase you make from a retailer, any inaccuracy in a listing, or any product that fails to match your photo.

Our total liability for any claim relating to the Service will not exceed one hundred US dollars (US$100), or the amount you paid us in the twelve months before the claim, whichever is greater. Nothing here limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

Indemnity

You agree to indemnify Color Swag against claims, losses, and reasonable legal costs arising from your misuse of the Service or your breach of these terms.

Apple

These terms are between you and Color Swag only, not with Apple, and Color Swag alone is responsible for the app and its content. Apple has no obligation to provide any maintenance or support for the app. Apple is not responsible for addressing any claim you have relating to the app, including product liability, regulatory compliance, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Termination

You can stop using the Service and delete the app at any time, which removes all data it stored on your device. We may suspend or terminate your access if you breach these terms. The sections on intellectual property, disclaimers, liability, and indemnity survive termination.

Changes to these terms

We may update these terms. The date at the top of the page shows when they last changed, and continuing to use the Service after a change means you accept the updated terms. For material changes we will give notice in the app or on this site.

Governing law

These terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws rules, and the courts there will have jurisdiction — except that if you are a consumer, you keep the protections and the right to bring proceedings in the country where you live.

If any provision is found unenforceable, the rest stays in effect.

Contact

Questions about these terms: hello@colorswag.xyz.