Terms of Service

Effective Date: December 30, 2024

Welcome to Mixura! These Terms of Service ("Terms") govern your use of the Mixura mobile application ("App") operated by Adaptiv Ltd ("we," "our," or "us").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Description of Service

Mixura is a paint color matching application that allows users to:

• Scan colors using their device's camera
• Find matching acrylic paints from various brands
• Get paint mixing recommendations
• Create and manage color palettes
• Access paint information including pigment codes, opacity, and lightfastness

2. Account Registration

To access certain features of the App, you may need to create an account. When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update any information that changes
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscription Plans

3.1 Free Tier

The free version of Mixura includes:

• Access to 3 paint brands of your choice
• Top 3 color matches per scan
• Up to 3 palettes with 10 scanned colors each
• Local data storage only

3.2 Mixura Pro Subscription

Mixura Pro is available as a subscription with the following options:

Mixura Pro includes:

• Access to all 8+ paint brands
• Top 10 color matches with mixing recommendations
• Unlimited palettes and scanned colors
• Cloud sync across all your devices
• Export features
• Priority support

3.3 Subscription Terms

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Payment is charged to your Apple ID or Google Play account at confirmation of purchase
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your device's account settings
• No refunds are provided for partial subscription periods

3.4 Free Trials

If offered, free trial periods convert to paid subscriptions unless canceled before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.

4. Acceptable Use

You agree not to:

• Use the App for any illegal purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Remove any copyright or proprietary notices
• Use automated systems or bots to access the App
• Interfere with or disrupt the App's servers or networks
• Attempt to gain unauthorized access to other users' accounts
• Use the App to transmit malware or harmful code
• Resell or redistribute the App or its content

5. Intellectual Property

5.1 Our Property

The App, including its design, features, code, and content, is owned by us and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

5.2 Paint Brand Information

Paint brand names, product names, and color names referenced in the App are trademarks of their respective owners. Mixura is not affiliated with, endorsed by, or sponsored by any paint manufacturer. Color data is provided for reference purposes only.

5.3 Your Content

You retain ownership of palettes and color data you create. By using cloud sync features, you grant us a license to store and transmit your content solely to provide the service to you.

6. Disclaimers

6.2 No Professional Advice

The App provides information for artistic and hobbyist purposes. It does not constitute professional advice. For commercial or professional applications, consult with paint manufacturers or color specialists.

6.3 "As Is" Service

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of data
• Cost of substitute services
• Paint purchases based on App recommendations
• Any damages arising from your use of or inability to use the App

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you create or share through the App

9. Third-Party Services

The App may integrate with third-party services (Google Sign-In, Apple Sign-In, Firebase). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. Modifications to Service

We reserve the right to:

• Modify or discontinue features at any time
• Update paint databases and brand availability
• Change subscription pricing with notice to existing subscribers
• Suspend the service for maintenance

We will provide reasonable notice of material changes when possible.

11. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of subscription fees
• At our sole discretion for any reason

Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles. Any disputes shall be resolved in the courts of the United Kingdom.

13. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. If we cannot resolve the dispute within 30 days, either party may proceed with legal action.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Effective Date" above
• Sending an email notification for significant changes

Your continued use of the App after changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

By using Mixura, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.