1. Acceptance of Terms
By accessing ChromaChecker products and services, you agree to these Terms of Service. Material changes require 30 days' notice via email or prominent notice. The current version is at: legal-tos.html
If representing a company, you warrant authority to bind that entity. The Service includes communications from ChromaChecker as part of membership. "The Service is provided 'as is.'" ChromaChecker assumes no responsibility for deletion, timeliness, misdelivery, or failure to store user content or settings.
You must obtain your own access and equipment. Monitoring the Service for benchmarking or competitive purposes requires prior written consent. Direct competitors cannot access the Service without ChromaChecker's written consent.
2. Your Account
2.1 Eligibility
You represent and warrant:
- Legal age to form binding contracts
- Not barred from receiving services under applicable laws
- Your use complies with applicable law and regulation
- No bot or automated account registration
- Acting in business or professional capacity
"THE SERVICE IS OFFERED SOLELY FOR COMMERCIAL AND PROFESSIONAL USE BY ORGANIZATIONS AND THEIR AUTHORIZED PERSONNEL" and not for personal, family, or household purposes. Children under 16 cannot use the Service.
2.2 Registration
You agree to provide true, accurate, current, and complete information and maintain its accuracy. Untrue or incomplete information may result in account suspension or termination.
2.3 Account Security
You are responsible for maintaining password confidentiality, all account activities, immediately notifying ChromaChecker of unauthorized use or breaches, and exiting your account after each session. ChromaChecker is not liable for losses from non-compliance with these obligations.
3. Your Content and Use of Content
3.1 Content Responsibility
All uploaded information and materials are your sole responsibility. ChromaChecker does not control user-posted content and does not guarantee its accuracy, integrity, or quality.
3.2 Prohibited Uses
You may not use the Service to:
- Upload unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or privacy-invasive content
- Harm minors
- Impersonate any person or entity
- Upload content you lack rights to share
- Upload content infringing intellectual property rights
- Upload unsolicited advertising, spam, or promotional materials
- Upload viruses or malicious code
- Interfere with the Service or connected networks
- Violate applicable laws
- Provide material support to designated terrorist organizations
3.3 Content Moderation
ChromaChecker reserves the right (but not the obligation) to pre-screen, refuse, or remove content violating these Terms or otherwise objectionable.
3.4 Content Disclosure
ChromaChecker may access, preserve, and disclose account information and content if required by law or in good faith belief such action is necessary to: comply with legal process; enforce the Terms; respond to rights violation claims; respond to customer service requests; protect ChromaChecker's rights, property, or safety.
3.5 License to Your Content
You retain content ownership. By uploading, you grant ChromaChecker a limited, non-exclusive, royalty-free license to use, display, and reproduce content solely to provide and improve the Service. This license terminates when you delete content or your account, except for publicly shared or inter-user shared content. "ChromaChecker will not use your Content to train machine learning models without your explicit consent."
3.6 Data Sharing
Users can grant access to selected data for sharing between authorized users per Service settings.
4. Billing and Subscriptions
4.1 Subscription Terms
IMPORTANT — AUTOMATIC RENEWAL: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee plus applicable taxes.
Subscription details:
- Billing begins at initial subscription period end (if applicable)
- View subscription details in "Account Management — Subscription" after logging in
- You will not receive separate notice before each renewal
4.2 Clear Disclosure of Material Terms
Before subscribing, you will be informed of: recurring charges until cancellation; billing frequency (monthly/annual); charge amount; cancellation deadline before next charge; how to cancel.
4.3 Cancellation
You may cancel your subscription at any time through these methods:
- Online: Account Management > Subscription > Cancel Subscription
- Email: support@chromachecker.com
- Phone: 1-800-91-PILOT
Cancellation is effective immediately. No refunds or credits apply to partial periods. A clear "Cancel Subscription" button completes cancellation immediately.
4.4 Price Changes
Seven days' notice precedes price changes. You may cancel before changes take effect to avoid new pricing.
4.5 Service Level Changes
Downgrading may cause loss of certain content or features. ChromaChecker is not liable for such loss.
4.6 Non-Renewal and Data Retention
If you don't renew: your account becomes inactive; you have 60 days from subscription end to pay and retain data; after 60 days, content is permanently deleted.
4.7 Taxes
You are responsible for all applicable taxes and agree to indemnify ChromaChecker for any tax obligations incurred on your behalf.
5. Data Processing and Privacy
5.1 Privacy Policy
Your Service use is governed by the Privacy Policy at legal-privacy.html, incorporated by reference.
5.2 Roles and Scope of Processing
For GDPR, UK GDPR, and similar regulations, ChromaChecker acts as Data Processor regarding customer content and personal data on behalf of business customers. The customer remains Data Controller and determines processing purposes and means.
The Service processes technical, operational, and quality-control data related to printing workflows, including spectral measurement data, device identifiers, and associated metadata. It is not intended to process special categories of personal data.
5.3 Data Processing Agreement (DPA)
Business customers subject to GDPR, CCPA/CPRA, or similar regulations may request a Data Processing Agreement ("DPA") forming part of these Terms upon execution. The DPA governs personal data processing and includes Standard Contractual Clauses where applicable. Contact legal@chromachecker.com to request DPA execution.
5.4 Your Data Rights
Depending on jurisdiction, you may have these rights regarding personal data:
- Access: Request a copy
- Correction: Request inaccuracy corrections
- Deletion: Request deletion (subject to legal retention requirements)
- Portability: Receive data in structured, machine-readable format
- Opt-Out: Opt out of certain processing activities
Contact privacy@chromachecker.com to exercise rights. ChromaChecker responds within 30 days or as required by applicable law.
5.5 Data Security
ChromaChecker implements commercially reasonable administrative, technical, and organizational safeguards protecting customer content and personal data against unauthorized access, loss, or disclosure, including encryption in transit and at rest, role-based access controls, and secure authentication.
5.6 Security Incidents
Upon confirmed personal data breach affecting customer content, ChromaChecker notifies affected customers without undue delay and per applicable law.
5.7 Subprocessors
ChromaChecker may engage third-party subprocessors supporting Service delivery, including hosting and infrastructure providers. ChromaChecker remains responsible for subprocessor performance per these Terms and applicable law.
5.8 International Data Transfers
Data outside the United States may transfer to and process in the United States. Standard Contractual Clauses and other safeguards protect international transfers.
6. Formulas and Source Data
Only spectral raw data are processed for analysis. Lab, XYZ, or other colorimetric data are not imported. Calculations comply with ISO 13655. Results may slightly differ from other solutions. ChromaChecker has developed unique analysis methods not comparable to competitive products.
7. General Practices Regarding Use
ChromaChecker may establish use limits, including: maximum days content retention; maximum measurement data upload; maximum allocated disk space; maximum access frequency and duration.
ChromaChecker reserves the right to log off inactive accounts and modify these limits anytime with reasonable notice.
8. Modifications to Service
ChromaChecker may modify or discontinue the Service (or any part) anytime. Material changes require at least 30 days' notice. ChromaChecker shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
9. International Use
You agree to comply with all applicable local, state, national, and international laws regarding online conduct and technical data transmission from your jurisdiction.
9.1 Export Compliance
The Service and technical data may be subject to United States export control and economic sanctions laws. You agree not to access or use the Service in violation of such laws, including by exporting or re-exporting to prohibited countries, entities, or individuals.
10. Intellectual Property
10.1 ChromaChecker's Proprietary Rights
The Service and associated software contain proprietary and confidential information protected by intellectual property laws. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or software.
10.2 ChromaChecker Trademarks
ChromaChecker™ and associated logos are ChromaChecker Corporation trademarks. You may use these marks to identify yourself as a customer without claiming ownership.
10.3 Third-Party Trademarks
All other trademarks belong to their respective owners.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service for commercial purposes without a separate ChromaChecker agreement.
12. Termination
12.1 Termination by ChromaChecker
ChromaChecker may terminate your account immediately, with or without notice, for: breaches of these Terms; law enforcement or government agency requests; service discontinuance or material modification; technical or security issues; extended inactivity; fraudulent or illegal activities; nonpayment of fees.
12.2 Termination by You
You may terminate your account anytime through Account Management or by contacting support@chromachecker.com.
12.3 Effect of Termination
Upon termination: your Service use right ceases immediately; you may request data export within 30 days; ChromaChecker may delete your data after 60 days.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." CHROMACHECKER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT.
CHROMACHECKER DOES NOT WARRANT THAT: the Service will meet your requirements; the Service will be uninterrupted, timely, secure, or error-free; results obtained will be accurate or reliable; errors will be corrected.
14. Limitation of Liability
CHROMACHECKER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
CHROMACHECKER'S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF: the amount paid for the Service in the 12 months prior to the claim, or $100 USD.
NOTHING IN THESE TERMS LIMITS LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING MANDATORY CONSUMER OR DATA PROTECTION LAWS.
15. Exclusions and Limitations
Some jurisdictions prohibit excluding certain warranties or limiting liability. In such jurisdictions, liability is limited to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold ChromaChecker and its affiliates harmless from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your Service use; your Terms violation; your violation of any third-party rights.
17. Dispute Resolution
17.1 Informal Resolution
Before filing any claim, you agree to contact legal@chromachecker.com and attempt informal dispute resolution for at least 30 days.
17.2 Arbitration
Except where prohibited by applicable law, any dispute, claim, or controversy arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) per its Commercial Arbitration Rules. Arbitration may occur remotely or in Delaware, USA, at ChromaChecker's discretion. A single arbitrator conducts arbitration in English.
17.3 Governing Law
These Terms are governed by Delaware state law, without regard to conflict of law principles.
17.4 Jurisdiction
For non-arbitration disputes, you agree to exclusive Delaware courts jurisdiction.
17.5 Class Action Waiver
You agree to resolve disputes individually and waive class action lawsuit or class-wide arbitration participation rights.
17.6 Statute of Limitations
Any claim from these Terms or the Service must be filed within one (1) year after the claim arose.
18. General Provisions
18.1 Entire Agreement
These Terms constitute the entire agreement between you and ChromaChecker regarding the Service.
18.2 Severability
If any provision is invalid, remaining provisions remain fully in force.
18.3 Waiver
Failing to enforce any right does not constitute waiver of that right.
18.4 Assignment
You may not assign these Terms without ChromaChecker's consent. ChromaChecker may assign these Terms freely.
18.5 Force Majeure
ChromaChecker is not liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet/utility failures.
18.6 No Survivorship
Your account is non-transferable. Account rights terminate upon death. Upon death certificate receipt, your account may be terminated and content deleted.
19. External Links
The Service may contain third-party website links. ChromaChecker is not responsible for linked site content and does not endorse them.
20. Copyright Infringement (DMCA)
20.1 Designated Agent
ChromaChecker Corporation, 4324 Sanddollar Court, New Port Richey, FL 34652, USA. Email: dmca@chromachecker.com. Phone: 1-800-91-PILOT.
20.2 Filing a DMCA Notice
Valid takedown notices must include: copyright owner or authorized agent physical or electronic signature; claimed infringed copyrighted work identification; infringing material identification and location; your contact information; good faith belief statement that use is not authorized; perjury penalty statement.
20.3 Counter-Notification
If you believe content was removed in error, submit counter-notification containing: your physical or electronic signature; removed material identification; perjury penalty statement; your name, address, phone number, and federal Delaware court jurisdiction consent; statement accepting service of process from the complainant.
20.4 Repeat Infringer Policy
ChromaChecker terminates accounts of repeat copyright infringers.
21. Contact Information
ChromaChecker Corporation, 4324 Sanddollar Court, New Port Richey, FL 34652, USA.
General: support@chromachecker.com | Legal: legal@chromachecker.com | Privacy: privacy@chromachecker.com | DMCA: dmca@chromachecker.com | Phone: 1-800-91-PILOT
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