Terms of Service

Agreement to Terms

By accessing or using PaletteGen ("Service," "we," "us," or "our"), 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. Your use of the Service constitutes your acceptance of these Terms as of the date of such use.

Description of Service

PaletteGen provides a free online color palette generation tool with the following features:

• Color palette generation using multiple harmony modes
• Image color extraction
• Gradient creation tools
• Color blindness simulation
• WCAG accessibility checking
• Palette export in multiple formats (PNG, SVG, CSS, SCSS, JSON)
• Local storage of user-created palettes via browser localStorage

Use of Service

Permitted Use

You may use PaletteGen for:

• Creating color palettes for personal or commercial projects
• Generating and exporting color schemes without limitation
• Testing color accessibility and contrast ratios
• Educational and learning purposes
• Professional design and development work
• Integration into your own projects (using exported palette data)

Prohibited Use

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service, servers, or networks
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use automated scripts, bots, or scrapers to overload or abuse the Service
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users
• Use the Service to create content that violates the rights of others

Intellectual Property

Our Content and Service

The Service and its original content, features, functionality, and underlying code are owned by PaletteGen and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes but is not limited to:

• The PaletteGen name, logo, and branding
• The website design, layout, and user interface
• The palette generation algorithms and harmony mode implementations
• The curated palette collections
• Original documentation and educational content

Your Content and Generated Palettes

You retain all rights to the color palettes you create using our Service. Specifically, you may:

• Use generated palettes in any personal or commercial project without restriction
• Export, share, and distribute palettes freely
• Modify and adapt generated color schemes as needed
• Claim ownership of the specific palette combinations you create

Important Note on Color Copyright

Colors themselves cannot be copyrighted. Individual colors (hex codes, RGB values, etc.) are not subject to copyright protection. However, specific combinations and presentations of colors in a palette may be subject to trademark or trade dress protection in certain contexts. You are responsible for ensuring that your use of generated palettes does not infringe on any existing trademarks or trade dress rights.

User-Uploaded Content

When you upload images for color extraction:

• Images are processed locally in your browser using the Canvas API
• Images are not uploaded to our servers or stored by us
• You retain all rights to uploaded images
• You are responsible for ensuring you have the right to upload and process images
• We are not liable for any copyright infringement related to images you upload

Disclaimer of Warranties

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, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the results obtained from using the Service
• Warranties that defects will be corrected

We do not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted or error-free. You use the Service at your own risk.

Accessibility Disclaimer

While we provide accessibility tools including WCAG contrast checkers and color blindness simulators, we make no guarantees that palettes generated will meet all accessibility requirements for your specific use case. You are responsible for testing and validating accessibility compliance for your own projects. The accessibility tools are provided as helpers and do not constitute professional accessibility advice.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALETTEGEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Service interruptions, errors, or security breaches
• Unauthorized access to or alteration of your transmissions or data
• Third-party conduct or content on the Service
• Any damages arising from your use of or inability to use the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR (B) ONE HUNDRED DOLLARS ($100 USD). This limitation applies even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless PaletteGen and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of or inability to use the Service
• Your violation of these Terms of Service
• Your violation of any rights of another party, including intellectual property rights
• Your uploaded content or conduct using the Service
• Any breach of your representations and warranties set forth in these Terms

This indemnification obligation will survive termination of these Terms and your use of the Service.

User Accounts and Data

Currently, PaletteGen does not require user accounts. All data (saved palettes, preferences) is stored locally in your browser using localStorage. If we implement user accounts in the future:

• You will be responsible for maintaining the confidentiality of your account credentials
• You must provide accurate and complete information
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to suspend or terminate accounts that violate these Terms

Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by PaletteGen. We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of third-party websites or services
• Any damages or losses caused by or in connection with use of third-party services

You acknowledge and agree that PaletteGen shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any third-party services. We strongly advise you to read the terms and conditions and privacy policies of any third-party services you access.

Modifications to Service

We reserve the right at any time and from time to time to:

• Modify, suspend, or discontinue the Service (or any part thereof) with or without notice
• Change features, functionality, or availability
• Impose limits on certain features or restrict access to parts or all of the Service
• Introduce new features or services
• Update pricing structures (with reasonable notice to existing users if applicable)

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms of Service
• Fraudulent, illegal, or harmful activity
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security reasons

Upon termination, your right to use the Service will cease immediately. Data stored locally in your browser (via localStorage) may persist on your device, but we are not responsible for its preservation or recovery.

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

• First: Good faith negotiation between the parties
• If negotiation fails: Binding arbitration in accordance with the rules of the American Arbitration Association
• Arbitration location: California, United States
• Exception: Either party may seek injunctive relief in court to protect intellectual property rights

You agree to waive any right to a jury trial or to participate in a class action lawsuit against PaletteGen.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:

• Post the new Terms on this page
• Update the "Last updated" date at the top of this page
• Provide notice through the Service or via email (if you have an account)
• Provide at least 30 days' notice before any new terms take effect

What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you must stop using the Service.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PaletteGen.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and PaletteGen concerning the Service. These Terms supersede and replace any prior agreements, understandings, or arrangements between you and PaletteGen regarding the Service.