Terms of Service

PaletteCheck (palettecheck.com/palettecheck.ai) is operated by Forthean Labs LLC ("we," "us," or "our"), a limited liability company registered in the State of Texas, United States, with its website at fortheanlabs.com. By accessing or using PaletteCheck ("Service," "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. Your use and access of the Service is conditioned on your acceptance of and compliance with these Terms.

PaletteCheck is an AI-powered brand compliance checking platform that:

• Extracts brand guidelines from PDF documents using artificial intelligence
• Analyzes your content for brand consistency
• Provides automated brand guidelines verification
• Offers a real-time compliance scoring system

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

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks
• Accept responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

PaletteCheck offers various subscription tiers with different features and usage limits. By subscribing to a paid plan, you agree to:

• Pay the applicable fees with your chosen payment method
• Accept that subscription fees are billed in advance on a monthly or annual basis
• Understand that unused allotment does not roll over to the next billing period
• Authorize us to charge your payment method on file automatically

Cancellation & Refunds

You may cancel your subscription at any time. Upon cancellation, your subscription remains active until the end of the current billing period. We do not provide prorated refunds.

5.1 Your Content

You retain all ownership rights to content you upload, submit, or store on the Service ("User Content"), including but not limited to brand guidelines, PDFs, images, and text. By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Access, process, and store your User Content to provide the Service
• Use your User Content for AI training and service improvement (as described in our Privacy Policy)
• Display and distribute your User Content as necessary to provide the Service

5.2 Our Intellectual Property

The Service and its original content, features, and functionality are owned by PaletteCheck and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Upload, transmit, or distribute any malicious code, viruses, or harmful software
• Upload content that is illegal, harmful, threatening, abusive, or offensive
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Resell, sublicense, or otherwise commercialize the Service without authorization
• Use the Service to compete with PaletteCheck or develop competing products

We reserve the right to suspend or terminate accounts that violate these acceptable use guidelines.

PaletteCheck uses artificial intelligence and machine learning technologies to extract and analyze brand guidelines. You understand and agree that:

• AI-generated results are provided "as-is" and may contain inaccuracies
• You should review all AI-generated content for accuracy and completeness
• We are not responsible for decisions made based on AI-generated results
• The Service may use your User Content to improve our AI models (as detailed in our Privacy Policy)
• AI accuracy may vary depending on the quality and format of input documents

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection, use, and disclosure of your information.

While we implement security measures to protect your data, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or secure operation. The Service may be unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• System failures or technical issues
• Force majeure events

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by canceling your subscription through your account settings or contacting us.

All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Defects in the Service will be corrected

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALETTECHECK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from third-party conduct or content on the Service

Our total liability for all claims related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

You agree to defend, indemnify, and hold harmless PaletteCheck and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third party right, including intellectual property rights
• Your User Content

These Terms shall be interpreted and governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions. Forthean Labs LLC is a limited liability company registered in the State of Texas. You agree to submit to the exclusive jurisdiction of the courts located in Travis County, Texas, for the resolution of any disputes.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.