Last updated: [DATE]
Version 1.0 — DRAFT, not yet reviewed by a solicitor
These terms are a contract between you and Glazed Ltd ("Umber", "we", "us"). By creating an account or using the app you agree to them. If you do not agree, please do not use Umber.
We have tried to write these in plain English. Where a term matters to you — refunds, what we promise, what we do not — we have said so directly rather than hiding it in a long paragraph.
Umber analyses a photograph of your face to suggest which of twelve colour "seasons" best describes your natural colouring, and uses that to recommend colours, clothing and related guidance.
What Umber is not:
Colour analysis is a judgement, not a measurement with a single correct answer.
In our own research, professional human analysts looking at the same photographs agreed with each other on the broad colour family roughly 60% of the time, and on the exact season considerably less often. That is the honest ceiling of the field, and no software can credibly exceed the agreement of the experts it learns from.
Because of this:
You accept that a result may not match what a professional analyst would tell you, and that this is a limitation of the field rather than a fault in the service.
We may suspend or close an account that breaches these terms, is used fraudulently, or is used to abuse other users. Where we reasonably can, we will tell you why.
A one-off payment, not a subscription. Nothing renews. There is nothing to cancel.
It unlocks hair colour guidance, virtual draping, the full colour toolkit, unlimited wardrobe items, and re-analysis, as described in the app at the time of purchase.
Payment is taken by Apple through your App Store account. Apple is the merchant of record: we never see or handle your card details. Apple's own terms govern the transaction.
Refunds for App Store purchases are handled by Apple, not by us. We cannot issue a refund directly, because we never received your payment directly. Request one at reportaproblem.apple.com.
Nothing in these terms affects your statutory rights under UK consumer law. Note that where digital content is supplied immediately with your agreement, the usual 14-day cancellation right may not apply.
The unlock is tied to your account and applies for as long as Umber operates. It is not transferable or resellable. If we ever discontinue the service, see section 10.
We may add features. We may also change or withdraw one — for example if a third party we depend on withdraws access. If we remove something materially significant that you paid for, we will tell you and offer a fair remedy.
Umber shows products from third-party retailers. When you tap one:
You keep ownership of the photographs and information you add.
You grant us a limited licence to store, process and display that content for the purpose of providing the service to you — for example, storing a wardrobe photograph so it appears in your wardrobe. This licence ends when you delete the content or your account.
You must not upload content that is unlawful, infringes someone else's rights, or contains other people who have not agreed to it.
If your application to become a Umber creator is approved, additional terms apply:
Do not:
The colour engine, the palettes, the seasonal definitions, the branding and the app itself remain our intellectual property.
We provide Umber with reasonable care and skill.
We do not promise that:
Limitation of liability. To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, or the cost of purchases you made in reliance on a colour recommendation. Where we are liable, our total liability is limited to the greater of the amount you paid us in the previous 12 months, or £50.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are a consumer, your statutory rights are unaffected.
If we decide to discontinue Umber we will:
We may update these terms. For material changes we will notify you in the app before they take effect. Continuing to use Umber after that means you accept them. If you do not, you may delete your account.
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts.
We would much rather resolve a problem directly. Email [SUPPORT EMAIL] first.
[SUPPORT EMAIL]
Glazed Ltd, [ADDRESS]