Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and ES Impact Ventures LLC, doing business as ColorMatch Assist ("we", "us", "our"), governing your use of our website and app (the "Service").

Acceptance

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, Acceptable Use Policy, Refund Policy, and Disclaimer. If you do not agree, do not use the Service.

Eligibility

You must be at least 13 years old to use the Service, and old enough to form a binding contract in your jurisdiction. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

Your account

You are responsible for your account credentials and for activity that occurs under your account. Notify us promptly through /support if you believe your account has been compromised.

The Service

ColorMatch Assist analyzes photos of outfits and returns an AI-generated color-match verdict. It is a suggestion tool. The verdicts are provided "as is" and you decide whether to act on them.

Not medical, vision-care, or professional advice

The Service does not diagnose or treat color vision deficiency or any other condition, and it is not fashion, styling, or professional advice. It is not a substitute for a qualified eye-care professional. See our Disclaimer.

Subscriptions, trials, and billing

• Paid features require an active subscription, billed on a recurring basis through Stripe.
• New subscribers may be offered a 7-day free trial. A payment method is collected upfront. If you do not cancel before the trial ends, your paid subscription begins automatically at the then-current price.
• Subscriptions auto-renew each billing period until cancelled.
• You can cancel at any time from the Account page. Cancellation takes effect at the end of your current billing period; access continues until then.
• We may change prices with reasonable prior notice; changes take effect at the start of your next billing period.
• Fees already paid are non-refundable except where required by law or as stated in our Refund Policy.
• You are responsible for any applicable taxes.

Acceptable use

Your use of the Service must comply with our Acceptable Use Policy. In short: don't upload content you don't have the right to upload, don't use the Service to harass or harm others, and don't attempt to reverse-engineer, disrupt, or scrape it.

User content

You retain ownership of photos and other content you submit. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, and display your content solely to operate and provide the Service to you. We do not use your content to train third-party AI models.

AI-generated output

Verdicts are generated by an AI model and may be incorrect, incomplete, or inconsistent. Lighting, camera color balance, and image quality all affect results. Use verdicts as a second opinion, not a final ruling.

Intellectual property

The Service, including its software, design, and branding, is owned by ES Impact Ventures LLC and its licensors and is protected by intellectual-property laws. We grant you a limited, non-transferable, non-exclusive license to use the Service for its intended purpose.

Third-party services

The Service integrates with third parties (for example, Stripe for billing and Google for sign-in). Your use of those services is subject to their own terms and privacy policies.

Termination

You can delete your account at any time from the Account page. We may suspend or terminate your access if you violate these Terms, abuse the Service, or expose us or other users to legal or security risk. Provisions that by their nature should survive termination will do so.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT VERDICTS WILL BE ACCURATE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ES IMPACT VENTURES LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Indemnity

You agree to indemnify and hold harmless ES Impact Ventures LLC from any claim, loss, or expense (including reasonable attorneys' fees) arising from your misuse of the Service or your violation of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. Except for disputes subject to arbitration below, you agree to the exclusive jurisdiction of the state and federal courts located in Texas.

Dispute resolution and arbitration

Informal resolution first. Before filing a claim, contact us through /support and give us 30 days to resolve the issue.

Binding arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration seated in Texas, administered under the rules of a recognized arbitration provider (such as the American Arbitration Association). You and we waive the right to a jury trial and to participate in a class action. Small-claims court disputes are excluded from this section.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an opt-out notice through /support.

Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated in-app or by email. Continued use after changes take effect constitutes acceptance.

Contact

Questions about these Terms? Contact us through our Support page. Legal entity: ES Impact Ventures LLC, State of Texas, United States.