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Terms & Conditions

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1. Introduction These Terms and Conditions (the "Terms") govern the use of the Smart Color Swatches application (the "App"). The App is developed and operated by the company (the "Company"). Smart Color Swatches is an application designed to allow website owners to display and manage color and image swatches for their products or options, enhancing the visual representation and user experience on their websites. Use of the App is subject to the conditions set forth in this document. By downloading, installing, accessing, or using the App, any individual or entity (the "User") acknowledges that they have read, understood, and agreed to be bound by these Terms. If the User does not agree to any or all of these Terms, they must refrain from downloading, installing, or using the App.
 

2. Use of Service The User may use the App solely for lawful purposes and in accordance with its intended purpose of displaying and managing product variants and visual swatches. It is strictly prohibited to use the App for any illegal, harmful, or unauthorized purposes. Without limiting the generality of the foregoing, the User agrees not to:

  • Misuse the App: Use the App in a manner that could damage, disable, overburden, or impair the proper functioning of the App, servers, or networks connected to the service.

  • Unauthorized Access: Attempt to gain unauthorized access to the App’s systems, other users' accounts, or any information that does not belong to the User.

  • Spread Malware: Upload, transmit, or distribute viruses, worms, malicious software, or any other harmful code through the App.

  • Infringe Rights: Engage in any action that infringes upon the intellectual property rights, privacy rights, or other rights of the Company or any third party, including using copyrighted images or materials for swatches without proper authorization. The User is solely responsible for ensuring they have the necessary rights to any images or visual assets uploaded or linked through the App.

  • Engage in Illegal Activities: Use the App for fraudulent activities, harassment, harm to others, or any other activity prohibited by law. The Company reserves the right to restrict, suspend, or terminate the User’s access to the App at any time if, at the Company’s sole discretion, the User violates these Terms or misuses the service.
     

3. User Accounts When creating an account on the App (or authorizing the App through a platform like Wix), the User must provide accurate, complete, and up-to-date registration details. The User is solely responsible for safeguarding their account credentials and for any activity conducted under their account. The User must immediately notify the Company of any unauthorized use of their account or any other security breach. The Company shall not be held responsible for any loss or damage resulting from unauthorized or unlawful use of the User’s account, whether the User was aware of it or not. Any action performed under the User’s account shall be deemed to have been carried out by the User, who assumes full responsibility. The Company reserves the right to terminate or suspend the User’s account at any time if it is determined that the User has violated these Terms or engaged in activity suspected to be unlawful or unauthorized in connection with the use of the App.
 

4. Data Collection and Usage The Company may collect certain information from Users in connection with the use of the App, including but not limited to: the User’s email address, the website URL where the App is integrated, usage data, configuration settings (such as swatch styles and mappings), actions performed within the App, and relevant API keys (e.g., the Wix API key) used to connect the App to platform services. This data is used solely for internal purposes, including service operation, maintenance, enhancement, technical support, and usage pattern analysis to improve the user experience. No collected information will be shared with or disclosed to third parties. The only exceptions apply when disclosure is required by law, pursuant to a court order, or necessary to protect the Company’s legal rights. By using the App, the User agrees to the collection and processing of information as detailed above. The Company commits to using the collected data only for the purposes necessary for providing the service and in compliance with applicable laws.
 

5. Privacy and Data Security The Company places great importance on protecting Users' privacy and employs reasonable and industry-standard security measures to safeguard collected data. User information and App configurations are securely stored (e.g., on Wix servers or the Company's designated secure servers), and the Company follows established security protocols to prevent unauthorized access, exposure, loss, or modification of data. However, Users acknowledge that absolute security cannot be guaranteed. The Company does not warrant that the service will be completely immune from unauthorized access or security breaches and shall not be liable for any unauthorized access, hacking, or security incidents beyond its reasonable control. In the event of a security breach, such as a system compromise or unauthorized access to User data, the Company will take necessary steps to mitigate harm and notify affected Users and relevant authorities as required by law. Use of the App and data transmission are at the User’s own risk. By using the service, the User acknowledges and accepts these risks.
 

6. Refunds and Subscriptions The App may include paid services or content (e.g., monthly subscriptions or in-app purchases). Purchases, billing, and subscription management may be processed through Wix (or the relevant platform where the App is hosted) or in accordance with their payment policies. Refunds and cancellations are subject to the respective platform's refund policy. Users should review the platform's refund policy before making a purchase or subscribing to the App’s premium features. If the User meets the eligibility criteria for a refund under that policy, the Company will honor the refund process via the platform's system. For clarity, beyond the platform's refund policy, the Company is not obligated to provide refunds or credits for payments made for App usage.
 

7. Service Modifications The Company reserves the right to modify, update, restrict, suspend, or discontinue the App or any part thereof at any time, at its sole discretion, and without prior notice. These changes may include adding or removing features, modifying functionalities, updating software, or discontinuing the service altogether. Users acknowledge and agree that the Company shall not be liable for any modifications, service suspensions, or discontinuations, including any resulting data loss or impact on the visual presentation of their website. Users are encouraged to independently back up any important data or configurations entered into the App to prevent data loss in case of service changes or unexpected outages.
 

8. Intellectual Property and User Content The App, its code, design, features, and the "Smart Color Swatches" name are the intellectual property of the Company. The User may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may they reverse engineer or attempt to extract the source code of that software. User Content: Any images, colors, or data the User uploads or configures using the App remain the User's property. However, by uploading this content, the User grants the Company a license to store, display, and process this content solely for the purpose of operating the App on the User's website. The User guarantees they have the legal right to use and display any images or visual assets they upload.
 

9. Third-Party Integrations The App is designed to integrate with third-party platforms (such as Wix). The Company is not responsible for the availability, performance, or policies of these third-party platforms. Changes made by these platforms to their APIs or infrastructure may affect the App's functionality, and the Company shall not be held liable for such disruptions.
 

10. Legal Liability and Limitation of Liability The App is provided "As-Is" and "As-Available", without any warranties, express or implied. The Company disclaims all warranties regarding the App’s suitability, merchantability, accuracy, security, and non-infringement. The Company does not guarantee that the App will function uninterrupted or be error-free. The User agrees that their use of the App is at their own risk. Under no circumstances shall the Company, its officers, employees, affiliates, suppliers, or representatives be liable for any direct, indirect, special, consequential, punitive, or incidental damages arising from the use or inability to use the App, including but not limited to lost profits, loss of data, or disruption to the User's website or business.
 

11. Compliance with Regulations The Company adheres to all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Users covered by these laws have specific rights concerning their personal data, including access, correction, and deletion rights.
 

12. Governing Law These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of law principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel.
 

13. Changes to Terms The Company reserves the right to update these Terms from time to time. Continued use of the App after changes are made constitutes acceptance of the updated Terms. The Company will make reasonable efforts to notify Users of significant changes (e.g., via a notice within the App).
 

14. Contact Information For any questions, concerns, or legal inquiries regarding these Terms, Users may contact the Company at: tonyboom3d@gmail.com.

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