Terms and Conditions for Map Canvas


Last Updated: Aug 22, 2026

Acceptance of Terms

By downloading, installing, or using the Map Canvas app (the “App”), these terms and conditions (“Terms”) will automatically apply to you. Please read them carefully before using the App. If you do not agree to these Terms, you must not download, install, or use the App.

Throughout this document, “Colored Pixels Studio,” “we,” “our,” or “us” refers to the individual owner/developer operating under the brand name “Colored Pixels Studio” and any affiliated parties who contribute to the development, maintenance, or operation of the Map Canvas app. Our registered developer name and full postal address are published on the Map Canvas listing on the Google Play Store.

PLEASE READ THE SECTIONS TITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION” AND “LIMITATION OF LIABILITY” CAREFULLY. THEY LIMIT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

You are not permitted to copy or modify the App, any part of the App, or our trademarks in any way. You may not attempt to extract the source code of the App, translate the App into other languages, or make derivative versions. The App itself, and all trademarks, copyright, database rights, and other intellectual property rights related to it, remain the property of Colored Pixels Studio.

Eligibility

You must be at least 13 years of age to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

By purchasing a subscription, you represent that you are of legal age to form a binding contract in your jurisdiction and that you are authorized to use the payment method associated with your Google Play account.

App Purpose and Functionality

Map Canvas is a map-based visualization tool that allows users to place circle groups, custom shapes, and markers on a map. The App requires access to your device’s location services to provide its core functionality.

Important Limitations:

  1. NOT A NAVIGATION APP: Map Canvas is NOT a navigation application. It does not provide directions, routing, or real-time location tracking. Elements placed on the map are static and will not follow your movement.
  2. CALCULATION ACCURACY DISCLAIMER: Due to the Earth’s curvature and factors including but not limited to terrain, building structures, weather, device limitations, map projection limitations, and various geographical factors, all distances, areas, coordinates, and other measurements provided by the App are APPROXIMATE and should be treated as ESTIMATES ONLY. These calculations may deviate from actual real-world measurements and should never be relied upon for critical decisions. We will not be responsible for any incorrect information or consequences resulting from reliance on these approximate calculations.
  3. NO LIABILITY FOR DECISIONS: Colored Pixels Studio expressly disclaims any responsibility for decisions made by users based on information, measurements, or visualizations provided by the App. You should never rely exclusively on this App for making decisions that require precise measurements or that could impact safety, legal matters, property boundaries, navigation, or other critical concerns.
  4. NO PROFESSIONAL REPLACEMENT: This App is not a substitute for professional surveying, mapping, or measurement tools. It should not be used for professional purposes requiring high precision.
  5. FREE VERSION LIMITATIONS: The Free Version has limited functionality compared to Pro features that can be unlocked within the app. These limitations include:
    • Allows only quick circle group with single circles
    • Limited marker types (basic markers only)
    • No collections features
    • No weather information
    • Cannot add tasks and attach images to elements
    • Contains advertisements
    • Does not support cloud backup

By using the App, you acknowledge that you understand these limitations.

Changes to the App

Colored Pixels Studio is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear exactly what you’re paying for.

We reserve the right to modify, suspend, or discontinue the App or any feature or functionality at any time without notice. We may also introduce new features or impose limits on certain features or restrict access to parts or all of the App without notice or liability.

Advertisements

The Free Version of Map Canvas contains advertisements. By using the Free Version, you acknowledge and agree that:

  1. Advertisements will be displayed within the App
  2. Advertisement content is controlled by third-party providers (including Google AdMob, AppLovin, and Meta Audience Network served through AdMob mediation) and not by Colored Pixels Studio
  3. We are not responsible for the content of advertisements
  4. Advertisements may use your device identifier and other non-personal information for targeting
  5. Advertisements may use your location data if you’ve granted location permissions to the App
  6. Interaction with advertisements is at your own risk
  7. Third-party advertising providers may collect and process data according to their own privacy policies and terms of service
  8. Interstitial advertisements may be displayed when you save an element in the Free Version

Device Identifiers and Ad Targeting

Our advertising partners may use your Google Advertising ID (GAID), device model and operating system version, IP address, general location, and in-app interaction data to select, deliver, cap the frequency of, and measure the performance of advertisements. You can reset or delete your Google Advertising ID, and opt out of ad personalization, through your device’s Google settings at any time.

Consent and User Controls

For users in the European Union, the European Economic Area, and the United Kingdom, we present a consent dialog through Google’s User Messaging Platform before advertising SDKs are initialized. You may accept or decline personalized advertising, and you may change that choice at any time through “Ad Privacy Settings” in the App’s Settings screen where it is applicable to your region. Declining personalized advertising does not remove advertisements; it means the advertisements you see will not be personalized to your interests.

Advertisements are removed entirely for Pro and Pro+ subscribers, regardless of consent choices.

AppLovin Specific Terms:

  1. AppLovin may serve personalized advertisements based on information collected about your device and app usage
  2. AppLovin may use cookies, mobile identifiers, and similar technologies to enhance ad targeting
  3. You may be subject to AppLovin’s Terms of Service and Privacy Policy when interacting with AppLovin advertisements
  4. By using the App, you acknowledge that AppLovin may collect, use, and share certain device data and app usage information for advertising purposes
  5. AppLovin may share information with its partners to improve ad targeting and measurement

Accounts and Sign-In (Pro+ Only)

Cloud backup and restore require you to sign in with a Google account. By signing in, you agree that:

  1. Accurate Information: You will sign in using an account that belongs to you and that is associated with your Pro+ subscription. We may refuse access to cloud backup if the signed-in email address does not match the account entitled to Pro+.
  2. Account Security: You are responsible for maintaining the security of your Google account and your device. You are responsible for all activity that occurs under your account.
  3. One Account Per Subscription: Subscriptions and their associated cloud data are personal to the account holder and may not be shared, transferred, or resold.
  4. Suspension: We may suspend or terminate access to cloud features where we reasonably believe an account is being used in breach of these Terms, to circumvent subscription limitations, or to store prohibited content.
  5. Account Deletion: You may request deletion of your account and its associated cloud data as described in our Privacy Policy. Deleting your account does not cancel your subscription; subscriptions must be cancelled separately through Google Play or billing will continue.

Subscription Plans

Map Canvas offers three tiers of service:

  1. Free Version:
    • Address search
    • Multiple map types
    • Custom shapes
    • Basic markers
    • Single circles
    • Add Notes to shapes and markers
    • Edit positions and element properties
    • Contains advertisements
    • Does not support cloud backup
  2. Pro Subscription:
    • Ad-free experience
    • Concentric circle groups
    • Premium marker icons
    • Collections for organizing elements
    • Tasks management
    • Image attachments
    • Custom map themes
    • Distance measurement
  3. Pro+ Subscription:
    • All Pro features
    • Cloud backup (200MB storage limit)
    • Weather information (10 API calls per day)
    • Manual backup & restore options

Subscription Terms

By purchasing a subscription to Pro or Pro+, you agree to the following additional terms:

  1. Subscription Period: Subscriptions are available on a monthly or annual basis.
  2. No Free Trial: We do not offer a free trial period. Your selected subscription is charged in full at the time of purchase, and access to paid features begins immediately upon successful payment.
  3. Auto-Renewal: All subscriptions automatically renew at the end of your subscription period unless canceled at least 24 hours before the end of the current period. Auto-renewal may be turned off in your Google Play account settings after purchase.
  4. Billing: Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected subscription plan (monthly or annual).
  5. Payment Processing: All payments are processed by Google Play Billing. Subscription status and entitlements are managed through RevenueCat. We do not collect, store, or process your payment card details.
  6. Price Changes: We reserve the right to adjust pricing for subscriptions. Any price changes will be communicated to you and will apply to billing cycles after the notice.
  7. No Refunds: Payments for subscriptions are non-refundable except where a refund is required by applicable law or granted under Google Play’s refund policy. We do not provide refunds or credits for partially used subscription periods, decreased usage, or if you decide to downgrade during an active subscription period. Nothing in these Terms limits any non-waivable statutory rights you may have as a consumer in your jurisdiction.
  8. Continued Service After Cancellation: If you cancel a subscription, you will continue to have access to the subscription features until the end of your current billing period. No prorated refunds will be issued.
  9. Downgrades: If you downgrade from Pro+ to Pro or from any paid tier to Free:
    • Any relevant cloud data will be immediately and permanently deleted
    • Weather API functionality will immediately cease
    • You will immediately lose access to any features not included in your new tier
    • The downgrade will take effect at the end of your current billing period
    • When you downgrade from Pro+ to Pro or Free, all cloud data that you have backed up will be deleted at the end of your Pro+ term
    • If you downgrade from Pro+ or Pro to Free, all Pro and Pro+ related data will be deleted from the cloud as well as your local device, leaving only what’s permitted in the Free tier
  10. Service Interruptions: We reserve the right to suspend or terminate subscription services due to technical issues, maintenance, or other reasons without providing refunds for temporary service interruptions.
  11. Prohibited Transfer: Subscriptions are personal to the account holder and may not be transferred, shared, or resold.
  12. No Guarantee of Features: While we strive to maintain and improve our service, we do not guarantee that specific features will remain available throughout your subscription period. Features may be modified or removed at our discretion.

Cloud Backup (Pro+ Only)

For Pro+ subscribers, Map Canvas offers cloud backup functionality with the following terms:

  1. Storage Limitation: Cloud storage is limited to 200MB per account. Exceeding this limit may result in inability to back up additional data.
  2. Backup Content: Cloud backup includes all user-created content such as circle groups, markers, custom shapes, attached images, and user preferences.
  3. Data Ownership: You retain ownership of all content you store in the cloud. However, you grant Colored Pixels Studio a worldwide, non-exclusive, royalty-free license to host, store, transfer, and display your content solely for the purpose of providing the Service to you. This license ends when you delete the content or your account, except to the extent the content persists in routine backups for a limited period.
  4. Data Deletion:
    • If you downgrade from Pro+ to Pro or Free, any relevant cloud data will be immediately and permanently deleted
    • If you cancel your subscription, any relevant cloud data will be immediately and permanently deleted
    • Deleted data cannot be recovered
  5. No Guarantee of Data Integrity: While we employ reasonable efforts to ensure the security and integrity of your backed-up data, we do not guarantee that your data will be completely free from loss, corruption, or unauthorized access. We strongly recommend maintaining local backups of important data.
  6. Service Availability: Cloud backup services may occasionally be unavailable due to maintenance, technical issues, or factors beyond our control. We do not guarantee continuous, uninterrupted access to your cloud data.
  7. Prohibited Content: You may not use cloud storage for any illegal, harmful, threatening, abusive, or otherwise objectionable content. We reserve the right to remove any content that violates these terms or applicable law.
  8. Third-Party Service Providers: Cloud storage is provided through Google Firebase, including Cloud Firestore and Firebase Cloud Storage. By using cloud backup, you acknowledge that your data is stored on third-party infrastructure subject to their security protocols.
  9. Backup Frequency Limitation: Manual backup can be performed only once every 24 hours.
  10. Device Limitations:
    • Backup is tied to only one device at a time
    • Restore can be performed only once on a new device or after a fresh install
    • If a restore is performed on a new device, the cloud backup becomes associated with that device and all previously associated devices will no longer be able to perform backups
  11. Storage Limits: Backup will be disabled once it reaches the maximum allowed limit of 200MB.

Weather Information (Pro+ Only)

For Pro+ subscribers, Map Canvas provides weather information sourced from OpenWeather, with the following limitations:

  1. API Call Limit: Weather information is limited to 10 API calls per day per account. This limit resets at midnight GMT. Additional calls beyond this limit will not be processed until the next 24-hour period.
  2. No Guarantee of Accuracy: Weather information is provided by third-party services. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of weather data.
  3. Not for Critical Decisions: Weather information provided in the App should not be used for critical decision-making regarding personal safety, property protection, or navigation. Always consult official weather services for critical weather information.
  4. Service Availability: Weather information services may occasionally be unavailable due to technical issues, third-party service limitations, or other factors beyond our control.
  5. Geographic Limitations: Weather information may not be available for all geographic locations. Coverage is determined by our third-party weather data providers.

Data Storage and Security

The App processes location data that you have provided to us solely to deliver our Service. Storage varies by version:

Free Version:

  1. All data is stored locally on your device
  2. No cloud backup is provided
  3. Data will be lost if the App is uninstalled or if your device is reset
  4. We do not access or collect your saved elements

Pro Version:

  1. All data is stored locally on your device
  2. No cloud backup is provided
  3. Data will be lost if the App is uninstalled or if your device is reset
  4. We do not access or collect your saved elements

Pro+ Version:

  1. Data is stored locally on your device
  2. Cloud backup (up to 200MB) is provided for your saved elements
  3. We employ industry-standard security measures to protect your cloud-stored data
  4. We do not access, analyze, or use your backed-up data except to provide the backup service to you
  5. Firebase App Check is used to verify that requests to our backend originate from a genuine installation of the App

It is your responsibility to maintain the security of your phone and access to the App. We recommend against jailbreaking or rooting your phone, as this may compromise your device’s security and could prevent the Map Canvas app from functioning properly.

Third-Party Services

This App integrates third-party services that operate under their own Terms and Conditions:

By using our App, you also agree to comply with these third-party terms. Google Maps content within the App is additionally subject to the Google Maps/Google Earth Additional Terms of Service.

Image Compression (Pro and Pro+ Only)

For Pro and Pro+ subscribers who attach images to elements:

  1. Automatic Compression: Images attached to elements will be automatically compressed to reduce storage space usage.
  2. Purpose: Image compression is implemented to allow users to attach more images while staying within storage limitations, especially for Pro+ users who are subject to cloud storage limits.
  3. Quality Impact: Image compression may reduce the quality, resolution, or file size of attached images.
  4. No Original Preservation: We do not maintain or store original uncompressed versions of images. Once compressed, images cannot be restored to their original quality.
  5. Device Variations: The degree of compression and resulting image quality may vary across different devices and operating system versions.
  6. Disclaimer: We make no guarantees regarding the quality, appearance, or usability of compressed images for any specific purpose.

Your Content and Responsibility

You are solely responsible for the content you create, store, or upload through the App, including map elements, names, descriptions, notes, tasks, and attached images. You represent and warrant that:

  1. You own or have the necessary rights to the content you upload
  2. Your content does not infringe the intellectual property, privacy, or other rights of any third party
  3. Your content does not violate any applicable law
  4. Your content is not illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable

We do not monitor, review, or moderate user content, and we assume no responsibility for it. We reserve the right, but not the obligation, to remove content that we reasonably believe violates these Terms or applicable law, and to suspend or terminate accounts responsible for such content.

Service Limitations and Responsibilities

You should be aware that Colored Pixels Studio has limited responsibilities regarding the App’s functionality:

  1. Internet Connectivity: Certain functions require an active internet connection (Wi-Fi or mobile data). We are not responsible for reduced functionality when you lack internet access or data allowance.
  2. Mobile Data Charges: When using the App without Wi-Fi, your mobile provider’s terms of service still apply. You accept responsibility for any data charges, including roaming charges when using the App abroad. If you’re not the bill payer, we assume you have obtained permission from the bill payer.
  3. Device Maintenance: You are responsible for maintaining your device’s charge and functionality. We cannot accept responsibility if you cannot access the Service due to device issues.
  4. Data Loss: Colored Pixels Studio is not responsible for any data loss resulting from:
    • Device formatting, settings changes, or other device-related issues
    • Server outages, connectivity issues, or technical failures
    • Corrupted backups or incomplete backup operations
    • User error in managing backups or data
    • Malicious software or unauthorized access to your account
    • Actions by third-party service providers
    • Acts of nature, power failures, or other events beyond our reasonable control
  5. Map and Location Accuracy: Maps, satellite imagery, and location data may not be accurate or current. Factors including terrain, building structures, weather, and device limitations can affect accuracy. We accept no liability for any direct or indirect loss you experience from relying on the App’s location functionality or map data.
  6. Address Search Results: Address and place search results are supplied by a third-party geocoding provider. Results may be incomplete, outdated, or inaccurate, and we make no warranty as to their correctness.
  7. Calculation Accuracy: All distance, area, coordinate, and other measurements provided in the App are approximations. Due to the Earth’s curvature, map projections, and other factors, these calculations may not match actual real-world measurements. You should never rely on these calculations for:
    • Legal boundaries or property lines
    • Critical navigation
    • Safety-related decisions
    • Professional or commercial purposes requiring precision
    • Regulatory compliance
    • Emergency planning
  8. Element Placement: Elements (circle groups, markers, etc.) placed on the map are static and will not follow your movement. We are not responsible for any confusion or errors resulting from misunderstanding this functionality.
  9. Weather Information Accuracy: Weather data provided through the Pro+ subscription is sourced from third-party providers. We make no guarantees regarding the accuracy, timeliness, or reliability of this information. Weather data should not be used for critical decision-making regarding safety, travel, or property protection.
  10. Cloud Backup Reliability: While we employ reasonable measures to protect your cloud-stored data, we do not guarantee against data loss, corruption, or unauthorized access. It is your responsibility to maintain local backups of critical information.
  11. Subscription Billing: You are responsible for monitoring your subscription status and charges. We are not responsible for unintended charges resulting from failure to cancel auto-renewal before the renewal date.
  12. Advertising Content: We are not responsible for the content, accuracy, or appropriateness of any advertisements displayed in the Free Version of the App. Advertisements are provided by third-party services including Google AdMob, AppLovin, and Meta Audience Network, which have their own terms and privacy policies.

Prohibited Uses

You agree not to use the App:

  1. For any unlawful purpose or in violation of any applicable laws
  2. To infringe the intellectual property rights of others
  3. To transmit viruses, malware, or other malicious code
  4. To interfere with the operation of the App or servers
  5. To automate access or use the App through bots or scripts
  6. For military, defense, or national security purposes without proper authorization
  7. For emergency services, critical infrastructure, or safety applications
  8. As a professional measurement or surveying tool
  9. In any manner that could disable, overburden, or impair the App
  10. To store, back up, or transmit illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable content
  11. To attempt to circumvent subscription limitations or access features not included in your subscription tier
  12. For commercial purposes beyond personal use without explicit written permission
  13. To create derivative works based on the App’s content or functionality
  14. To block, disable, or otherwise interfere with advertisements in the Free Version
  15. To manipulate or falsify location data used by the App
  16. To generate fraudulent advertisement impressions or clicks
  17. To scrape, harvest, or extract map data, imagery, or search results for use outside the App
  18. In violation of any applicable export control or economic sanctions laws

Indemnification

You agree to indemnify, defend, and hold harmless Colored Pixels Studio and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:

  1. Your use or misuse of the App
  2. Your violation of these Terms
  3. Your violation of any rights of another person or entity
  4. Your reliance on the App’s calculations, measurements, or visualizations for any purpose
  5. Any decisions or actions taken based on information provided by the App
  6. Your content stored in our cloud storage services
  7. Your use of weather information provided through the App
  8. Your failure to secure your account credentials
  9. Your breach of any part of these Terms
  10. Your interaction with any advertisements displayed in the App

This indemnification obligation will survive the termination of these Terms and your use of the App.

Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COLORED PIXELS STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COLORED PIXELS STUDIO DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. COLORED PIXELS STUDIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THIS DISCLAIMER APPLIES TO ALL FEATURES OF THE APP, INCLUDING BUT NOT LIMITED TO MAP VISUALIZATION, ADDRESS SEARCH, DISTANCE CALCULATIONS, WEATHER INFORMATION, CLOUD BACKUP SERVICES, AND ANY OTHER FUNCTIONALITY PROVIDED IN ANY SUBSCRIPTION TIER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW, AND YOUR NON-WAIVABLE STATUTORY CONSUMER RIGHTS ARE UNAFFECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLORED PIXELS STUDIO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP
  3. ANY CONTENT OBTAINED FROM THE APP
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  5. RELIANCE ON DISTANCE, AREA, OR OTHER CALCULATIONS PROVIDED BY THE APP
  6. ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION PROVIDED BY THE APP
  7. LOSS OR CORRUPTION OF CLOUD-STORED DATA
  8. INACCURACIES OR FAILURES IN WEATHER INFORMATION
  9. INACCURACIES IN ADDRESS OR PLACE SEARCH RESULTS
  10. BILLING DISPUTES OR UNAUTHORIZED CHARGES
  11. SERVICE INTERRUPTIONS OR OUTAGES
  12. PROBLEMS WITH CLOUD BACKUP OR RESTORATION
  13. ANY OTHER MATTER RELATING TO THE APP, ITS CONTENT, OR OUR SERVICES
  14. ADVERTISEMENTS DISPLAYED IN THE APP OR YOUR INTERACTION WITH THEM

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COLORED PIXELS STUDIO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Updates and Termination

We may update the App periodically, and the system requirements may change. You agree to install all updates to maintain functionality. While we aim to ensure compatibility with current Android versions, we do not guarantee continued compatibility with all device configurations.

We reserve the right to terminate the Service at any time without notice. Upon termination: (a) the rights and licenses granted to you will end; (b) you must stop using the App and delete it from your device.

In addition, we may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

You may terminate these Terms at any time by cancelling your subscription and uninstalling the App.

For subscribers:

  1. If we terminate your access due to a breach of these Terms, you will not be entitled to any refund
  2. If we discontinue the App entirely, subscribers may be entitled to a prorated refund for the unused portion of their current subscription period
  3. We reserve the right to modify, suspend, or discontinue any specific feature or functionality without liability to subscribers

The sections titled Your Content and Responsibility, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution and Binding Arbitration, and Governing Law survive any termination of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, and applicable federal law of the United States, without regard to conflict of law principles.

Subject to the Dispute Resolution and Binding Arbitration section below, any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the state or federal courts located in the State of New Jersey, and you consent to the personal jurisdiction of those courts.

If you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom, this choice of law does not deprive you of the protection of the mandatory consumer laws of your country of residence, and you may bring proceedings in the courts of your country of residence.

Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

  1. Informal Resolution First: Before commencing any arbitration or legal proceeding, you agree to first contact us at hellocoloredpixelsstudio@gmail.com with a written description of the dispute and the relief you seek. We will attempt in good faith to resolve the matter within sixty (60) days. Most concerns can be resolved this way without cost to either party.
  2. Agreement to Arbitrate: If the dispute is not resolved informally, you and Colored Pixels Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as set out below.
  3. Location and Procedure: Arbitration shall take place in New Jersey, or at your election may be conducted by telephone, video conference, or on written submissions where the applicable rules permit. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
  4. CLASS ACTION WAIVER: YOU AND COLORED PIXELS STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
  5. Exceptions: Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property rights.
  6. Opt-Out: You may opt out of this arbitration agreement by emailing hellocoloredpixelsstudio@gmail.com with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms or your use of the App.
  7. Severability of This Section: If the class action waiver is found unenforceable as to a particular claim, that claim shall be severed and brought in court, while all remaining claims proceed in arbitration.
  8. Consumers Outside the United States: If you are a consumer resident in the European Union, the European Economic Area, the United Kingdom, or another jurisdiction where pre-dispute arbitration agreements or class action waivers are not enforceable against consumers, this section does not apply to you, and disputes will be resolved as described in the Governing Law section.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

The failure of Colored Pixels Studio to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement and Assignment

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Colored Pixels Studio regarding the App and supersede any prior agreements or understandings.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

These Terms are between you and Colored Pixels Studio only, and not with Google. Google is not responsible for the App or its content. You acknowledge that Google is a third-party beneficiary of these Terms and may enforce them against you.

Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of nature, power or internet failures, outages or changes at third-party service providers, government action, labour disputes, or civil unrest.

Changes to These Terms and Conditions

We may update our Terms and Conditions periodically. You are advised to review this page regularly for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. Changes to these Terms are effective when they are posted.

Where changes are material, we will make reasonable efforts to notify you in advance through the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may cancel your subscription through Google Play.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, please contact us at:

Email: hellocoloredpixelsstudio@gmail.com