The short version: be reasonable, the app is yours to enjoy but not to copy, subscriptions renew until you cancel them with Apple, and Queensland law applies. The longer version follows.
1. The agreement
These Terms of Service are an agreement between you and Cee Enterprises Pty Ltd ("Colourtone", "we", "us") governing your use of the Colourtone® app and the colourtone.app website (together, the "Service"). By downloading or using the Service you accept these terms. If you do not accept them, the remedy is simple and free: do not use the Service.
2. Eligibility
You must be legally capable of entering into this agreement, and at least the minimum age required by the App Store in your region. If you are using the Service on behalf of someone else, you confirm you are authorised to do so.
3. Your licence
We grant you a personal, non-exclusive, non-transferable, non-sublicensable licence to use the app on Apple devices you own or control, for as long as these terms are in effect. The app, its filters, overlays, Tones, design, and everything else in it remain our intellectual property. You may not copy, resell, redistribute, reverse-engineer or extract the Service or any part of it, including the filters and colour science.
4. Your content
Your photographs and videos are yours. Editing them in Colourtone gives us no rights over them. Tones you create are yours to use and share. If you send us feedback or suggestions, we may use them to improve the Service without obligation to you, though we will think of you fondly.
5. Subscriptions and payment
Colourtone is free to download and use. Certain features are unlocked by a paid membership, offered as auto-renewing subscriptions and processed entirely by Apple through your App Store account. Prices are shown in the app before purchase and may vary by region. Where a free trial is offered, the subscription begins automatically when the trial ends unless cancelled at least 24 hours beforehand.
Subscriptions renew automatically until cancelled in your App Store account settings. Cancellation takes effect at the end of the current billing period, and no partial refunds are given for the remainder of a period. Refunds are handled by Apple under Apple's refund policies; we cannot process App Store refunds ourselves. Advertised prices exclude any applicable taxes, which Apple calculates at purchase.
6. Acceptable use
You agree not to use the Service unlawfully, to infringe anyone's rights, to interfere with or disrupt the Service, or to attempt to access parts of it not intended for you. We may suspend or terminate access for breach of these terms.
7. The Service, as provided
The Service is provided "as is" and "as available". We work hard on it, but we do not warrant that it will be uninterrupted, error-free or that every filter will suit every photograph. To the maximum extent permitted by law, we disclaim all implied warranties. Nothing in these terms excludes rights you have under the Australian Consumer Law or other consumer protection laws that cannot be excluded, including statutory guarantees that services be provided with due care and skill.
8. Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, data or goodwill. Our total aggregate liability arising out of the Service is limited to the amounts you paid us through the Service in the twelve months before the event giving rise to the claim. Where liability cannot be limited by law, it is limited to the minimum extent the law allows, such as re-supplying the Service.
9. Termination
You can stop using the Service at any time, and delete the app whenever you please. We may suspend or terminate the Service or your access to it if you breach these terms. Any active subscription remains governed by Apple's terms through the end of its billing period. Sections of these terms that by their nature should survive termination (including intellectual property, liability and governing law) survive it.
10. Copyright complaints
If you believe content available through the Service infringes your copyright, write to hello@colourtone.app with enough detail for us to assess and respond.
11. Changes
We may update these terms from time to time. If we make material changes we will update the effective date above and give reasonable notice in the app. Continued use after changes take effect means you accept the updated terms.
12. Governing law
These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Queensland.
Contact
Cee Enterprises Pty Ltd ◆ Burleigh Heads, Gold Coast, Queensland, Australia
hello@colourtone.app