Terms and Conditions

1. Acceptance of Terms

By downloading, accessing, or using the myPaletteAI application ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, please do not use our Service.

2. Service Description

myPaletteAI provides AI-powered color analysis services that analyze your facial features and skin tone to generate personalized color palette recommendations. Our services include:

• Facial image analysis for color season determination
• Personalized color palette generation
• Style and makeup recommendations
• Color analysis reports and insights

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time without prior notice.

3. User Registration and Account

To access our Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 13 years of age (or the minimum age in your jurisdiction)
• Have the legal capacity to enter into these Terms

You are responsible for all activities that occur under your account and for keeping your account information current and secure.

4. User Obligations and Prohibited Uses

Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for the content you upload and must ensure you have the right to use such content.

Prohibited Activities

You agree NOT to:

• Upload images that violate any laws or third-party rights
• Upload inappropriate, offensive, or harmful content
• Use the Service to harass, abuse, or harm others
• Attempt to reverse engineer, hack, or compromise our systems
• Use automated tools to access our Service without permission
• Violate any applicable laws or regulations
• Upload images of minors without proper consent
• Use the Service for commercial purposes without authorization

5. AI-Generated Content and Accuracy

AI Analysis Disclaimer

Our color analysis results are generated using artificial intelligence and machine learning algorithms. While we strive for accuracy, we make no guarantees about:

• The accuracy or completeness of color analysis results
• The suitability of recommended colors for your specific needs
• The effectiveness of style or makeup recommendations

Use of Results

Color analysis results are for informational and entertainment purposes only. You should use your own judgment when applying our recommendations. We are not responsible for any decisions you make based on our analysis.

6. Intellectual Property Rights

Our Content

The myPaletteAI Service, including its design, functionality, algorithms, and content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Your Content

You retain ownership of the images you upload. By using our Service, you grant us a limited license to:

• Process your images for color analysis purposes
• Store your images as necessary to provide our Service
• Use aggregated, anonymized data to improve our algorithms

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

8. Disclaimers and Limitations of Liability

Service Disclaimer

Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties of uninterrupted or error-free operation

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, data, or business opportunities
• Personal injury or property damage
• Emotional distress or reputational harm

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless myPaletteAI and its affiliates from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

10. Termination

Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in the app settings
• Sending an email to rafael@hypercube.be with the subject "delete myPaletteAI account"

Termination by Us

We may suspend or terminate your account immediately if you violate these Terms or engage in prohibited activities. Upon termination, your right to use the Service ceases immediately.

11. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email or app notification. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Brazil. Any disputes arising from these Terms or your use of the Service shall be resolved through:

• Good faith negotiations between the parties
• If negotiations fail, binding arbitration in São Paulo, Brazil
• The courts of São Paulo, Brazil shall have exclusive jurisdiction

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and myPaletteAI regarding the use of our Service and supersede all prior agreements and understandings.

15. Contact Information

For questions about these Terms or our Service, please contact us:

• Email: rafael@hypercube.be
• Address: Rua M. M. D. C., 539 - 05510-021, São Paulo/SP, Brasil

16. Acknowledgment

By using myPaletteAI, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please discontinue use of our Service immediately.