The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Colorkuler (“Colorkuler”, “we” or “us”) and our website at colorkuler.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”)

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

We keep these terms updated and may add to or edit them every so often, so remember to circle back before you continue using our Service as the latest version will apply.

1. Colorkuler Service Overview

The Service provides a social media management tool that enables users to analyze posts on social platforms, in addition to design and analytics tools.

2. Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into and form a legally binding contract. By agreeing to these Terms, you represent and warrant to us that:

1. You are at least 18 years old;
2. You have not previously been suspended or removed from the Service; and
3. Your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]

4. General Payment Terms

Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars, unless otherwise stated, and are non-refundable. Fees vary based on the plan or products.

4.1 Price

Colorkuler reserves the right to determine pricing for the Service. Colorkuler will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Colorkuler may change the fees for any feature of the Service, including additional fees or charges, if Colorkuler gives you advance notice of changes before they apply. Colorkuler, at its sole discretion, may make promotional offers with different features and different pricing to any of Colorkuler’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize Colorkuler to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Colorkuler, to the payment method specified in your account. If you pay any fees with a credit card, Colorkuler may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5. Licenses

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, Colorkuler grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

1. reproduce,
2. make modifications to the Service; or
3. interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or improvements to the Service (“Feedback”), then you hereby grant Colorkuler an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6. Ownership; Proprietary Rights

The Service is owned and operated by Colorkuler. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials'') provided by Colorkuler are protected by intellectual property and other laws. All Materials included in the Service are the property of Colorkuler or its third-party licensors. Except as expressly authorized by Colorkuler, you may not make use of the Materials. Colorkuler reserves all rights to the Materials not granted expressly in these Terms.

7. Third Party Terms

7.1 Third Party Services and Linked Websites

Colorkuler provides tools through the Service that enable you to import and export information, including user content, to and from third-party services, including through features that allow you to link your account on Colorkuler with an account on a third party social network service, such as Instagram or Facebook. By using one of these tools, you agree that Colorkuler may transfer that information to and from the applicable third-party service.

Third-party services are not under Colorkuler’s control, and Colorkuler is not responsible for any third party Colorkuler’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Colorkuler’s control, and Colorkuler is not responsible for their content.

7.2 Third Party Software

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”).

Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third party licenses or to limit your use of Third-Party Components under those third party licenses.

8. User Content

8.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.

8.2 Limited License Grant to Colorkuler

By providing User Content to or via the Service, you grant Colorkuler a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

8.3 Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

8.4 User Content Representations and Warranties

Colorkuler disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Colorkuler and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Colorkuler, the Service, and these Terms;
2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:
1. infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
2. slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
3. cause Colorkuler to violate any law or regulation; and
3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
4. your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
   Your User Content may not include, and Colorkuler may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Colorkuler’s Services integrate or interoperate.
   We reserve the right to suspend or terminate accounts and screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

8.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Colorkuler may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Colorkuler with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Colorkuler does not permit copyright-infringing activities on the Service.

8.6 Monitoring Content

Colorkuler does not control and does not have any obligation to monitor:

User Content;

1. any content made available by third parties; or
2. the use of the Service by its users. You acknowledge and agree that Colorkuler reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Colorkuler chooses to monitor the content, Colorkuler still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. Prohibited Conduct

By using the service you agree not to:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the Service, including by:
  1. disabling or circumventing features that prevent or limit use or copying of any content;
  2. reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or
  3. hacking, password “mining” or using any other illegitimate means of interference;
• modify or create derivatives of any part of the Service;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
  1. uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
  2. making any unsolicited offer or advertisement to another user of the Service;
  3. collecting personal information about another user or third party without consent; or
  4. interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Colorkuler’s systems or networks, or any systems or networks connected to the Service or Colorkuler;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Modification of These Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of

1. your acceptance of the modified Terms,
2. your use of the Service with actual knowledge of the modified Terms, or
3. thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Term, Termination and Modification of The Service

11.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.

11.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Colorkuler may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time or by contacting customer service at [email protected].

11.3 Effect of Termination

Upon termination of these Terms:

1. your license rights will terminate and you must immediately cease all use of the Service;
2. you will no longer be authorized to access your account or the Service;
3. you must pay Colorkuler any unpaid amount that was due prior to termination.

11.4 Modification of the Service

Colorkuler reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Colorkuler will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

12. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Colorkuler regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

12.1 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

12.2 Contact Information

The Service is offered by Colorkuler. You may contact us by:

• Email: [email protected]
• Instagram: @colorkuler