Terms of Service
Welcome to Colour Matcher.
Colour Matcher is operated by W4D. In these Terms, "we", "us" and "our" mean W4D, and "you" means the person or organisation using Colour Matcher.
By creating an account, subscribing to a paid plan or using Colour Matcher, you agree to these Terms.
1. Account and eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.
You are responsible for keeping your login details secure and for all activity that takes place under your account.
You agree to provide accurate registration information and to keep your account details up to date.
2. Free and paid plans
Colour Matcher offers both free and paid plans.
The free plan has usage limits. These may include limits on the number of palettes, gradients, boards, sharing options and access to AI features.
Paid plans increase or remove certain limits and may include access to additional features.
Paid plans are billed monthly unless otherwise stated at checkout. You can cancel your paid plan at any time. If you cancel, you will usually retain access to your paid features until the end of your current billing period.
Payments are processed by Paddle, our merchant of record. Paddle may apply its own payment, tax, invoice and refund terms at checkout.
We may change plan features, usage limits or pricing from time to time. Where a change materially affects your paid subscription, we will give reasonable notice.
3. Your content
You retain ownership of the content you upload to, create in or save within Colour Matcher. This includes images, palettes, gradients, boards, project names, notes and other materials you add to the Service, referred to in these Terms as "Your Content".
You are responsible for Your Content and must make sure you have the necessary rights to upload, use and share it through Colour Matcher.
You confirm that Your Content does not infringe any copyright, trade mark, design right, privacy right, confidentiality obligation or other third-party right.
4. Licence to operate the Service
To provide Colour Matcher, you grant W4D a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display, modify and transmit Your Content only as needed to:
- operate and provide the Service;
- save and display your palettes, gradients, boards and projects;
- process your uploaded content and generate outputs requested by you;
- provide AI features that you choose to use;
- share boards or content with recipients you select;
- maintain, secure, troubleshoot and improve the Service; and
- comply with legal obligations.
This licence lasts for as long as needed to provide the Service to you and to meet our legal, security and backup obligations.
When you delete Your Content or delete your account, we will remove or anonymise Your Content within a reasonable period, except where we need to retain limited copies for legal, accounting, security, dispute-resolution or backup purposes.
5. AI features and AI-generated outputs
Colour Matcher may use third-party AI services, currently including Google Gemini, to generate palettes, names, briefs, recolours and other outputs.
When you use AI features, relevant prompts, uploaded content and generated outputs may be sent to the relevant AI provider so the requested feature can be performed.
AI-generated outputs may be inaccurate, incomplete, similar to outputs generated for other users, or unsuitable for your intended use.
You are responsible for reviewing AI-generated outputs before relying on them, publishing them or using them commercially.
We do not guarantee that AI-generated outputs will be unique, protectable by intellectual property rights, non-infringing, accurate or suitable for a particular purpose.
6. AI model training
We do not use your private uploaded images, boards, palettes, gradients, notes or project content to train public AI models.
We may use aggregated or anonymised usage information to understand how Colour Matcher is used, improve performance and develop new features.
If we introduce optional features in the future that use customer content for model training or product improvement, we will update these Terms and our Privacy Policy and provide appropriate notice and controls before doing so.
7. Sharing boards and content
Colour Matcher may allow you to share boards, palettes, gradients or other content with other people.
You are responsible for choosing who you share with and for ensuring you have the right to share that content.
Recipients may be able to view your shared content and may see your name, email address or other identifying information connected to the share.
8. Acceptable use
You agree not to use Colour Matcher to:
- upload, create, store or share unlawful, harmful, abusive, defamatory, obscene or infringing content;
- upload content that violates another person's intellectual property, privacy, confidentiality or publicity rights;
- impersonate another person or misrepresent your identity or affiliation;
- attempt to gain unauthorised access to the Service or any related systems;
- reverse-engineer, scrape, crawl, copy, overload, disrupt or interfere with the Service;
- use the Service to develop, train or improve a competing product or service;
- bypass usage limits, security measures or access controls;
- upload malware, harmful code or content designed to damage systems; or
- breach any applicable law or regulation.
9. Suspension and termination
You may delete your account at any time.
We may suspend or terminate your account if you breach these Terms, misuse the Service, create legal or security risk, or fail to pay for a paid plan.
If we suspend or terminate your account, your access to the Service may end immediately.
Sections of these Terms that by their nature should continue after termination will remain in effect, including ownership, payment obligations, disclaimers, limitation of liability, governing law and any licences needed for legal, security, backup or dispute-resolution purposes.
10. Availability and changes to the Service
We aim to keep Colour Matcher available and working well, but we do not guarantee uninterrupted or error-free access.
We may update, modify, suspend or discontinue parts of the Service from time to time, including features, limits, plans and integrations.
Where a change materially affects a paid plan, we will give reasonable notice where practical.
11. Disclaimers
Colour Matcher is provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, we exclude all warranties, representations and conditions that are not expressly set out in these Terms.
We do not guarantee that:
- the Service will be uninterrupted, secure or error-free;
- AI-generated outputs will be accurate, original, non-infringing or suitable for your intended use;
- colours displayed on screen will match printed output, physical products, fabrics, materials or third-party colour standards;
- the Service will meet every requirement of your business, project or workflow.
You are responsible for checking all outputs, colours, references, files and generated content before production, publication or commercial use.
12. Limitation of liability
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded.
Subject to the above, and to the maximum extent permitted by law, our total liability to you for all claims relating to the Service shall not exceed the greater of:
- the amount you paid to us for the Service in the 12 months before the claim arose; or
- £100.
We are not liable for indirect, consequential or special losses, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, or losses arising from your reliance on AI-generated outputs, except where such liability cannot legally be excluded.
13. Consumer rights
Nothing in these Terms affects any statutory rights you may have as a consumer.
If you are using Colour Matcher as a consumer, some limitations or exclusions in these Terms may not apply to you where they are not permitted by law.
14. Privacy
We process personal data in accordance with our Privacy Policy.
Our Privacy Policy explains what personal data we collect, how we use it, who we share it with, how long we keep it and the rights you have under UK GDPR.
15. Third-party services
Colour Matcher may integrate with or rely on third-party services, including AI providers, hosting providers, email providers and payment providers.
We are not responsible for third-party services that we do not control, but we select providers we believe are appropriate for operating the Service.
Your use of third-party payment or AI services may also be subject to those providers' own terms and policies.
16. Changes to these Terms
We may update these Terms from time to time.
If we make material changes, we will notify you by email or through the Service. We may require you to accept the updated Terms before continuing to use Colour Matcher.
The current version date will always be shown at the top of this page.
17. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales.
Disputes are subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer-protection laws in your country of residence give you additional rights.
18. Contact
Questions about these Terms? Email hello@colourmatcher.com.