Terms of Service

1. Acceptance of Terms

Welcome to Swatchery, a product of Samoremi LLC ("Samoremi," "we," "us," or "our"). By accessing or using Swatchery at swatchery.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service.

You must be at least 13 years old to use this Service. By creating an account, you represent that you are at least 13 years of age. If you are between 13 and 18 (or the age of legal majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms.

We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our Service at least 30 days before the changes take effect. Your continued use after the effective date constitutes acceptance of the changes.

2. Service Description

Swatchery is a privacy-focused web application that provides color palette extraction, creation, and management tools. The Service is free and supported by advertising. Key features include:

• Local Image Processing: Extract color palettes from images processed entirely in your browser. Images never leave your device, and EXIF metadata is automatically removed.
• Color Extraction: Extract 1-30 colors per palette with adjustable quality and diversity settings.
• Export Formats: Export palettes to 15+ creative software formats including Adobe Photoshop (.aco), Adobe Swatch Exchange (.ase), Procreate Swatches, GIMP Palette (.gpl), and more.
• Palette Management: Save up to 250 color palettes per account, with up to 30 colors per palette.
• Community Features: Share palettes publicly, browse the community feed, and discover palettes from other users.
• Advanced Tools: Color theory generators, accessibility tools, color wheel explorer, and embed service.

Important: All image processing occurs entirely in your browser. We do not upload, store, or have access to your images. Only the final color palette data (if you choose to save it) is transmitted to our servers.

3. User Accounts

You may create an account using email and password (with email verification required) or Google Sign-In. When creating an account, you must:

• Provide accurate, current, and complete information
• Choose a unique username (3-20 characters, lowercase letters, numbers, and underscores only)
• Verify that you are at least 13 years old
• Create a strong password (at least 12 characters with mixed case, numbers, and special characters)
• Verify your email address before accessing account features

Usernames cannot contain profanity, hate speech, or infringe on trademarks. We reserve the right to modify usernames that violate our policies. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.

You may delete your account at any time through account settings. Deletion is immediate and irreversible. Your profile, palettes, and personal data will be permanently deleted. We reserve the right to suspend or terminate accounts for violations of these Terms, automated access, repeated rate limit violations, uploading illegal content, or extended inactivity (12+ months).

4. Privacy and Data Processing

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your personal information.

Local Image Processing: When you upload an image for color extraction, it is processed entirely in your browser. EXIF metadata is automatically stripped before processing. Images are never uploaded to our servers. We do not store, access, or have any ability to view your images. Only the final color palette (if you save it) is transmitted to our servers.

You have the right to access, correct, delete, and export your data. You may request a data export through your account settings. If you are in the European Union, you have additional rights under GDPR. If you are in California, you have rights under CCPA.

5. Third-Party Services

Swatchery uses the following third-party services to provide and improve our Service:

• Firebase (Google LLC): Authentication, database, cloud functions, hosting, analytics
• Google Analytics (GA4): Usage analytics (with your consent)
• Google AdSense: Advertising to support free service
• Google Sign-In: Alternative authentication method

By using Swatchery, you acknowledge that your data may be processed by these services in accordance with their respective privacy policies and terms of service. We are not responsible for the practices of these third parties.

6. Acceptable Use and Content Policy

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Infringe on intellectual property rights of others
• Upload illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or objectionable content
• Impersonate any person or entity
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Service, servers, or networks
• Harass, abuse, threaten, or harm other users
• Use automated systems (bots, scrapers) to access the Service

We reserve the right to remove content and suspend or terminate accounts for violations of these Terms. We may report illegal activity to law enforcement.

7. Intellectual Property Rights

Swatchery, including all content, features, functionality, software, designs, graphics, text, logos, and trademarks, is owned by Samoremi LLC and protected by United States and international intellectual property laws.

You retain all ownership rights to color palettes you create. By saving palettes to your account or sharing palettes publicly, you grant Swatchery a non-exclusive, royalty-free, worldwide license to store, display, process, and distribute your palettes solely for the purpose of operating and improving the Service. For public palettes, this includes displaying them in community features and using them in marketing materials that showcase the Service's capabilities.

Because images are processed entirely locally in your browser, we never receive, store, or transmit your images. Therefore, no license grant is necessary for images.

We will NOT: Sell your palettes as standalone products, use your palettes to train AI or machine learning models, license your palettes to third parties for their independent use, or claim ownership of your creative work.

8. Exported Palette Usage Rights

You may use exported color palettes from Swatchery for any personal or commercial purpose, including design projects, client work, brand identity, marketing materials, software applications, websites, art, and creative projects.

However, you may NOT redistribute exported palettes as standalone products. Specifically, you may not:

• Sell, license, or distribute palettes as standalone products or digital downloads
• Create palette collections or compilations for resale
• Include palettes in stock image websites or digital asset marketplaces
• Create a competing color palette service using our exported data

Attribution is not required when using exported palettes, but we appreciate credit when possible. Export format names (Adobe Photoshop, Procreate, GIMP, etc.) are trademarks of their respective owners. We are not affiliated with, endorsed by, or sponsored by these companies.

9. Community Features

The community feed displays public palettes from users with public profiles. Palettes are sorted by creation date and paginated (24 per page). Users may search for palettes by name or users by username.

Swatchery tracks palette lineage to provide proper attribution. When you save someone else's palette, the original creator receives attribution and their interaction counter increments. This helps identify popular palettes and recognize active creators.

Private profiles show only the username with a "Profile is private" message. No other information or palettes are visible. You control privacy settings via your profile.

Maximum limits: 250 palettes per user, 30 colors per palette. You must delete existing palettes before creating new ones when you reach the limit.

10. Rate Limiting

To ensure fair usage and protect our Service from abuse, we implement rate limiting on various operations. Rate limits are enforced both client-side and server-side to prevent abuse and ensure service availability for all users.

If you exceed rate limits, you may experience temporary operation blocking, error messages, increased delays, or temporary account restrictions. You may not use bots, scrapers, or automated systems to access the Service or attempt to circumvent rate limiting.

11. Advertising

Swatchery is provided free of charge and is supported by advertising. By using the Service, you acknowledge that advertisements will be displayed during your use of the Service. We use Google AdSense as our advertising provider.

With your consent, we may display personalized advertisements based on your activity on Swatchery and your interests. You can opt out of personalized ads through our privacy settings, Google Ad Settings, or browser settings.

We track basic ad metrics (impressions, clicks, view duration) through Firebase Analytics only. We do NOT collect personal data through ad metrics and do NOT store ad data on our servers. All ad data is anonymized and aggregated.

11.1 User Responsibilities for Advertising

When viewing advertisements on Swatchery, you agree to:

• Not click your own ads: Do not click on advertisements displayed on pages you own or control
• No automated interactions: Do not use bots, scripts, or automated tools to interact with advertisements
• No click manipulation: Do not encourage or incentivize clicks on advertisements through rewards, payments, or deceptive means
• No fraud: Do not attempt to artificially inflate ad impressions, clicks, or engagement metrics

Violation of these terms may result in account suspension and reporting to advertising partners. We actively monitor for fraudulent ad activity and cooperate with Google AdSense to prevent ad fraud.

11.2 Ad Blockers

You have the right to use ad blocking software. We do not discriminate against users who block ads. However, please note that advertising revenue helps us keep Swatchery free for all users. If you find ads intrusive, you can manage your advertising preferences in our Cookie Settings.

12. Embed Service

12.1 Usage Requirements

If you use Swatchery's embed functionality to display color palettes on your website, you agree to:

• Not modify, reverse engineer, or decompile the embed script
• Not remove or alter the attribution link to Swatchery
• Not use the embed service to distribute malicious code
• Maintain the attribution link as provided in the embed code
• Comply with all applicable privacy laws and regulations

Removal of the attribution link constitutes a violation of these Terms and may result in termination of your access to the embed service.

12.2 Analytics and Data Collection

The embed service includes privacy-first analytics to help us understand how embeds are used and improve the service. The embed script collects:

• Usage data: Which websites display embeds, embed configuration preferences (layout, theme, options), and aggregate statistics (number of colors, dimensions)
• Interaction data: When visitors copy colors from the embedded palette
• Technical data: Embedding domain, page path, and anonymized IP addresses

The embed script does NOT collect:

• Personal information or user identities
• Page views of your website
• User browsing behavior beyond embed interactions
• Any data through cookies or persistent identifiers on your site

12.3 Privacy Controls

Our analytics automatically respect user privacy preferences and comply with privacy regulations:

• Do Not Track (DNT): No tracking occurs if the visitor's browser sends a DNT header
• Global Privacy Control (GPC): Tracking is disabled when GPC signals are detected
• IP Anonymization: All IP addresses are anonymized before processing
• No Cross-Site Tracking: We do not track users across different websites
• No Ad Targeting: Collected data is never used for advertising or sold to third parties

The analytics implementation is compliant with GDPR, CCPA, and other applicable privacy regulations.

12.4 Your Responsibilities

By using the embed service on your website, you represent and warrant that:

• You have the legal right to embed third-party scripts on your website
• Your use complies with your own privacy policy and applicable privacy laws
• You will inform your users about third-party services as required by law

While our analytics are privacy-first and respect user signals, you remain responsible for compliance with privacy laws applicable to your website, including providing appropriate disclosures about third-party services in your privacy policy.

13. Disclaimers and Warranties

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, SAMOREMI LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• Color extraction results will be accurate or meet your requirements
• Exported files will be compatible with all software versions
• The Service will meet your needs or expectations
• Data will not be lost or corrupted

You use the Service at your sole risk. You are responsible for verifying the accuracy of color values and testing exported files with your specific software.

15. Indemnification

You agree to indemnify, defend, and hold harmless Samoremi LLC, its members, officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity, including intellectual property rights
• Your Content or any content you submit, post, transmit, or make available through the Service
• Your violation of any applicable laws or regulations

You agree to cooperate fully in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation will survive termination of these Terms.

16. Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time. We may change features, add or remove export formats, modify rate limits, or update the user interface. We will make reasonable efforts to notify users of material changes.

The Service might not be available due to reasons outside our reasonable control (force majeure), including natural disasters, acts of government, war, infrastructure breakdowns, cyberattacks, or failures of third-party services.

You may terminate your use of the Service at any time by deleting your account. We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including violation of these Terms, violation of applicable laws, conduct that harms or could harm us or other users, legal requirements, discontinuation of the Service, or extended inactivity.

Upon termination, your right to access and use the Service immediately ceases. Your account and data will be deleted (subject to retention periods in our Privacy Policy). Sections that by their nature should survive termination will survive (including IP licenses, indemnification, limitation of liability, and dispute resolution).

17. Dispute Resolution

Before filing a claim against Samoremi LLC, you agree to contact us at contact@swatchery.com and attempt to resolve the dispute informally. Please provide your name, email address, a description of the dispute, your desired resolution, and any supporting documentation.

We will attempt to resolve the dispute informally by contacting you via email within 7 business days. If a dispute is not resolved within 60 days of submission, you or Swatchery may proceed with formal dispute resolution.

If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall occur in the State of California, United States, or via videoconference if both parties agree. The arbitrator's decision is final and binding.

Either party may seek injunctive relief in court to prevent infringement of intellectual property rights, unauthorized access or use of the Service, or disclosure of confidential information. You may assert claims in small claims court if your claims qualify.

BY AGREEING TO THESE TERMS, YOU AND SAMOREMI LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR SIMILAR PROCEEDING.

You agree that any claim or cause of action must be filed within one (1) year after such claim arose or be forever barred.

18. Governing Law and Jurisdiction

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

Subject to the arbitration provisions in Section 17, you and Samoremi LLC agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts located in California, United States. Both you and Samoremi LLC consent to venue and personal jurisdiction in such courts.

If you are a consumer based in the European Union, nothing in these Terms shall affect any mandatory consumer protection rights you may have under applicable EU or local law, including the right to bring proceedings in your country of residence and rights under GDPR.

19. DMCA Takedown Process

We respect the intellectual property rights of others. If you believe that any content on Swatchery infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent at contact@swatchery.com.

Your DMCA notice must include: (1) your physical or electronic signature, (2) identification of the copyrighted work, (3) identification of the infringing material with sufficient detail to locate it (include URL or username), (4) your contact information, (5) a statement of good faith belief that use is not authorized, and (6) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner.

If you believe your content was wrongly removed, you may file a counter-notification. We will terminate the accounts of users who are repeat infringers (more than two valid DMCA takedown notices).

20. Accessibility Commitment

We are committed to ensuring digital accessibility for people with disabilities. We continually work to improve the accessibility of our Service in accordance with applicable standards. We strive to conform to WCAG 2.1 Level AA standards.

If you encounter accessibility barriers while using Swatchery, please contact us at contact@swatchery.com. We will make reasonable efforts to address accessibility issues promptly.

21. General Provisions

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Samoremi LLC regarding the Service and supersede all prior understandings and agreements.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign, transfer, or delegate these Terms without our prior written consent. We may freely assign or transfer these Terms to any successor, affiliate, or third party.

We may provide notices to you by email to the address associated with your account, by posting a notice on the Service, through in-app notifications, or by any other legally acceptable means.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

We will make reasonable efforts to respond to inquiries within 7 business days. For urgent security or privacy concerns, please indicate "URGENT" in your subject line.

Thank you for using Swatchery. By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.