Terms and Conditions
Effective Date: April 2, 2025
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and yourfreecoloranalysis.com (“we,” “us,” or “our”), concerning your access to and use of the color analysis service provided through yourfreecoloranalysis.com and any related embedded forms or applications (collectively, the “Service”).
By accessing or using the Service, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately. You also agree to our Privacy Policy, which is incorporated herein by reference Privacy Policy Here or state where it can be found, e.g., ‘available on our website’].
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms and Conditions. Your continued use of the Service after the date such revised Terms are posted will constitute acceptance of, and agreement to be bound by, those changes.
2. Description of Service
The Service allows users to upload a photograph of themselves, along with their first name and email address, to receive an automated color analysis based on artificial intelligence (AI). The Service processes the photo, determines a suggested color season, generates a personalized PDF report containing this analysis and the user’s photo, and emails this report to the user. The Service also involves adding the user’s contact information to our email marketing list.
3. User Representations and Obligations
By using the Service, you represent and warrant that:
(a) all registration information you submit (name, email) is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you have the legal capacity and you agree to comply with these Terms;
(d) you are at least 18 years of age or the age of legal majority in your jurisdiction;
(e) you have the necessary rights, licenses, consents, and permissions to submit the photograph (“User Content”) you upload, and you grant us the necessary license to use it as described herein and in our Privacy Policy;
(f) the photograph you upload is of yourself or you have explicit permission from the individual depicted;
(g) the photograph does not contain nudity, violence, or illegal content;
(h) for best results, you understand the photograph should be clear, well-lit (preferably natural daylight), and feature your face without heavy makeup;
(i) you will not access or use the Service for any illegal or unauthorized purpose;
(j) your use of the Service will not violate any applicable law or regulation.
4. User Content License Grant
You retain full ownership of the photograph you upload. However, by submitting the photograph to the Service, you grant us a limited, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify (e.g., resize, optimize), process (including via AI analysis), and display the photograph solely for the purposes of:
(a) providing the color analysis Service to you;
(b) generating and including the photograph within your personalized PDF report;
(c) temporarily storing the photograph during the analysis and delivery process;
(d) potentially using the photograph internally for troubleshooting or service improvement purposes as outlined in our Privacy Policy.
This license terminates automatically once the photograph is deleted from our active systems shortly after the analysis and report delivery process is complete, as described in our Privacy Policy.
5. Intellectual Property Rights
Unless otherwise indicated, the Service itself, including source code, databases, functionality, software, website designs, audio, video, text, non-user photographs, graphics, report templates, and logos on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Service “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of your personalized PDF report solely for your personal, non-commercial use.
6. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: [Link to Your Privacy Policy Here]. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Service is hosted in [Specify Server Location if known, e.g., the United States]. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in [Your Server Location Jurisdiction], then through your continued use of the Service, you are transferring your data to [Your Server Location Jurisdiction], and you expressly consent to have your data transferred to and processed in [Your Server Location Jurisdiction].
7. Email Marketing and Communications
By providing your email address and submitting the form, you acknowledge and agree that:
(a) We will use your email address to send you the personalized color analysis PDF report generated by the Service.
(b) You consent to being added to our email marketing list, managed through our third-party provider (Systeme.io). We may send you emails regarding our services, related content, promotions, or other information we think may be of interest to you.
(c) You can opt-out of receiving future marketing emails at any time by clicking the “unsubscribe” link provided in the footer of every marketing email, or by contacting us directly. Opting out of marketing emails will not affect the delivery of your initial color analysis report unless the report delivery fails for other reasons.
8. Third-Party Services
The Service utilizes third-party services, including but not limited to Anthropic (for AI analysis), Mailgun (for email delivery), and Systeme.io (for email list management). Your use of these third-party services through our Service may be subject to their respective terms and conditions and privacy policies. We are not responsible for the data handling practices, content, or actions of these third parties.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT (INCLUDING THE COLOR ANALYSIS RESULTS) OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. THE COLOR ANALYSIS PROVIDED IS BASED ON AUTOMATED AI INTERPRETATION OF THE PROVIDED PHOTOGRAPH AND IS INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. IT IS SUBJECTIVE, DEPENDENT ON THE QUALITY AND CONDITIONS OF THE UPLOADED PHOTOGRAPH, AND MAY NOT BE 100% ACCURATE. IT DOES NOT CONSTITUTE PROFESSIONAL FASHION, STYLING, OR COSMETIC ADVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE.
10. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content (the photograph); (2) use of the Service; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.
12. Termination
We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Service without warning, in our sole discretion.
13. Governing Law
These Terms and Conditions and your use of the Service are governed by and construed in accordance with the laws of [Your State/Country, e.g., the State of California] applicable to agreements made and to be entirely performed within [Your State/Country], without regard to its conflict of law principles.
14. Contact Us
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: mail@hello.yourfreecoloranalysis.com