Terms and Conditions
Effective Date: 27-May-2025
Welcome to Color Pencil and Color Pencil Pro. These Terms and Conditions (“Terms”) govern your access to and use of our website, services, and mobile applications provided by Color Pencil (“we,” “us,” or “our”). By accessing or using any of our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
- 1. Use of Services
- 2. Intellectual Property Rights
- 3. User Conduct and Responsibilities
- 4. Payment and Fees
- 5. Privacy and Data Protection
- 6. Third-Party Services and Links
- 7. Disclaimers and Limitation of Liability
- 8. Indemnification
- 9. Termination and Suspension
- 10. Changes to Terms
- 11. Governing Law and Dispute Resolution
- 12. Contact Information
1. Use of Services
Eligibility
You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services. By using Color Pencil or Color Pencil Pro, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
Account Registration
To access certain features, including Color Pencil Pro, you may be required to register an account. You agree to provide accurate, complete, and current information during registration and to update it promptly. You are responsible for safeguarding your login credentials and for all activities conducted under your account.
License Management
Color Pencil Pro is intended solely for internal use by authorized sales executives, managers, and employees within your organization. It facilitates the management, distribution, and approval of educational app licenses. Unauthorized use or distribution outside your organization is strictly prohibited.
2. Intellectual Property Rights
All content, trademarks, logos, software, and technology used in or related to Color Pencil and Color Pencil Pro are the exclusive property of Color Pencil or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the services solely for your internal organizational purposes, in compliance with these Terms.
You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise use any of the intellectual property without prior written permission from Color Pencil.
3. User Conduct and Responsibilities
You agree to use Color Pencil and Color Pencil Pro only for lawful purposes and in accordance with these Terms. Prohibited conduct includes, but is not limited to:
- Using the services to violate any applicable law or regulation.
- Interfering with or disrupting the services or servers.
- Attempting to gain unauthorized access to other users’ accounts or data.
- Uploading or distributing malicious software, viruses, or harmful content.
- Using the services for fraudulent, harmful, or unethical purposes.
You are responsible for all actions performed under your account and for maintaining the confidentiality of your login credentials.
4. Payment and Fees
Certain services or features may require payment, such as purchasing licenses for educational apps. All payment terms, including pricing, billing, and refund policies, are governed by the separate payment agreement or invoice associated with your purchase.
Payments must be made in the currency specified and via accepted payment methods. Failure to pay may result in suspension or termination of your access to paid features.
5. Privacy and Data Protection
Your use of Color Pencil and Color Pencil Pro is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the services, you consent to the collection and use of your information as described in the Privacy Policy.
You are responsible for ensuring that any personal data you upload or share via the services complies with applicable data protection laws and that you have obtained any necessary consents.
6. Third-Party Services and Links
Our services may contain links to third-party websites or services that are not owned or controlled by Color Pencil. We do not endorse or assume responsibility for any third-party content, policies, or practices.
You access such third-party sites at your own risk, and we recommend reviewing their terms and privacy policies before use.
7. Disclaimers and Limitation of Liability
No Warranty
Color Pencil and Color Pencil Pro are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
To the fullest extent permitted by law, Color Pencil shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use or inability to use the services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the services shall not exceed the amount you have paid us in the past twelve (12) months.
8. Indemnification
You agree to indemnify, defend, and hold harmless Color Pencil, its affiliates, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses arising from:
- Your violation of these Terms.
- Your misuse of the services.
- Your violation of any applicable law or regulation.
- Any content you submit or share through the services.
9. Termination and Suspension
We reserve the right to suspend or terminate your access to Color Pencil and Color Pencil Pro at any time, without prior notice or liability, for conduct that violates these Terms or is harmful to our services or users.
Upon termination, your right to use the services will immediately cease, and we may delete or disable your account and any associated data.
10. Changes to Terms
Color Pencil may update these Terms from time to time to reflect changes in our practices, legal requirements, or service features. We will notify you of significant changes by posting the updated Terms on our website and/or via email.
Your continued use of the services after such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the jurisdiction where Color Pencil is headquartered, without regard to its conflict of law principles.
Any disputes arising out of or related to these Terms or the use of our services shall be resolved through good faith negotiations. If unresolved, disputes shall be subject to binding arbitration or litigation as specified in your separate service agreement or contract.
12. Contact Information
If you have any questions or concerns regarding these Terms or the services, please contact us:
Email: customercare@colorpencil.com
Address: Color Pencil Communications Private Limited, 5/63, Venkateshwara Nagar, Ishta Siddhi Vinayagar Koil Street, Polichalur, Chennai – 600074. Landmark – Opposite JK Anbu Store
Phone: +91 7358-990982
Thank you for choosing Color Pencil and Color Pencil Pro. We are committed to supporting your educational initiatives with reliable, secure, and user-friendly tools.
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