Terms of Service & Legal Notice

0. Legal Notice

HOSTING:

Hosted by our principal hosting sub-processor (detailed information available upon request to contact@facadecolorizer.com pursuant to GDPR art. 28).

Contact: contact@facadecolorizer.com

1. Acceptance of Terms

These Terms of Service (ToS) constitute a binding agreement between you ("User") and Facade Colorizer ("Publisher").

B2B SERVICE ONLY. The Services are strictly reserved for professional users. By creating an account, you warrant that you are acting for purposes relating to your trade, business, craft, or profession.

FALSE DECLARATION: Professional status is an essential condition of the Publisher's consent. Any false declaration by the User regarding their professional status constitutes fraudulent conduct. In the event the contract is reclassified as a consumer contract due to a false declaration by the User, the User agrees to indemnify the Publisher for all costs incurred (taxes, legal fees, administrative fines).

By using our services, you acknowledge having the legal capacity to contract and expressly accept these terms.

1.1. Scope - Professional and Consumer Use

These terms apply to both professional and consumer users. If you use the service as a consumer, you benefit from the mandatory protections provided by the law applicable in your place of residence. For digital content and services supplied immediately, the right of withdrawal is extinguished as set out in Section 4 once you have expressly requested immediate performance and acknowledged the loss of that right.

2. Subscriptions, Fees, and Payment

Fees and Billing. You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services on our pricing page unless otherwise communicated to you in writing.

If you purchase access to our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees and any applicable tax. If the fees are specified to be recurring or based on usage, you agree that we may charge these fees and taxes to the Payment Method on a periodic basis.

Subscriptions. To access Facade Colorizer Pro and other subscription services, you must sign up for a subscription ("Subscription"). When you sign up for a Subscription, you agree to these Terms.

Subscription Term and Automatic Renewal. If you sign up for a paid Subscription, we will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. Your Subscription will last for the initial term and will automatically renew for additional terms of equal duration unless you cancel.

Cancellation. You may cancel your Subscription at any time through your customer portal or by notifying us at contact@facadecolorizer.com. To avoid renewal charges, cancel at least 24 hours before the renewal date. Payments are non-refundable, except where required by law.

DIGITAL CONTENT AND WAIVER: In accordance with regulations on digital content, the User accepts that the execution of the service begins immediately after the purchase of credits or the generation of the first render. The User acknowledges that they thereby lose any potential right of withdrawal from the start of the service execution.

Price Changes. We may increase fees for our Services. If we do, we will restrict any increase to the start of your next renewal term and will provide you with advance notice.

2.1. Top-Up Credits (One-Time Purchase)

• Top-up credits are valid for twelve (12) months from the date of purchase.
• Any unused credits at the end of this 12-month period are permanently forfeited, with no compensation or refund.
• Top-up credits are added to your existing balance and are consumed after subscription credits.

2.2. Subscription Credits (Monthly / Annual)

• Subscription credits are allocated at the beginning of each billing period (month or year).
• Limited Rollover: Unused subscription credits are carried over to the following month only, up to a maximum equal to your plan's monthly credit allowance. Beyond this one (1) month period, unconsumed credits are permanently forfeited.
• Cancellation: Upon cancellation of the subscription, remaining subscription credits expire at the end of the current paid period. No rollover or refund will be provided after this date.
• No commitment: You may cancel your subscription at any time from your account settings. Upon cancellation, no further charges will be made. You retain access to your remaining simulations until the end of the current paid period.

2.3. General Credit Terms

• No refunds will be issued, in whole or in part, for any reason whatsoever (dissatisfaction, user error, non-use, account closure).
• 1 credit = 1 facade or interior paint simulation. Credits are non-transferable between accounts (except within a company group via the Group feature).

3. Third-Party Services and Content

Our Services may use or be used in connection with third-party content, services, or integrations ("Third-Party Content"). We do not control or accept responsibility for any loss or damage that may arise from your use of any Third-Party Content. Your use of such content is at your own risk and subject to the third party's terms.

Content Moderation. Third-Party Content is the responsibility of the provider. We are under no obligation to host or serve such content and may remove it if it violates our policies or the law.

4. Software and Updates

We may offer manual or automatic updates to our software (“Software”), without advance notice. In the event of any conflict between these Terms and any other terms applicable to any portion of the Software (such as open-source licenses), such other terms will control as to that portion.

5. Ownership of the Services

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (“Providers”). We and our Providers retain all rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

5.1 Your Images and Data

You retain full ownership of the images you upload ("Source Images"). However, by using the Service, you grant us a worldwide, royalty-free license to host, process, and modify these images solely for the purpose of providing the Service (generating renders). You warrant that you hold all necessary rights to upload these images.

6. Disclaimer of Warranties, Limitations of Liability, and Indemnity

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

A. NO WARRANTIES & "HALLUCINATIONS": WE EXPRESSLY DISCLAIM ALL WARRANTIES. SPECIFICALLY:

• AI Hallucinations: The Services use generative AI which may produce "hallucinations" (fictional visual elements, distortions, or artifacts). You accept that renders may NOT accurately reflect physical reality.
• Visual Approximation Only: Renders are "visual approximations" or "indicative simulations" only. They are NOT colorimetric tools. You must strictly validate colors using physical swatches before ordering materials (paint, coating, etc.).

B. NON-RELIANCE & HUMAN VERIFICATION: You agree not to rely critically on the Services for essential business processes. You assume full responsibility for manually verifying the consistency and technical feasibility of any Output before presenting it to a client or using it for any commercial purpose.

C. INFRASTRUCTURE EXCLUSION: We are not liable for interruptions or failures caused by third-party service providers (e.g., cloud hosting providers, telecommunications networks). We do not guarantee any specific uptime (SLA), and maintenance may occur without notice.

D. LIMITATION OF LIABILITY CAP: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDEMNITY. You agree to indemnify and hold harmless Facade Colorizer and its Providers from any claims, damages, or expenses arising out of your breach of these Terms, your use of the Services, or your violation of applicable law or third-party rights.

7. General Terms

Changes to Services. We may modify, suspend, or discontinue the Services at any time. We will not be liable for any change to or discontinuation of the Services.

Changes to Terms. We may update these Terms at our discretion. If you continue to use the Services after we post updated Terms, you agree to them.

Termination. We may suspend or terminate your access to the Services at any time if we believe you have breached these Terms. Upon termination, your right to use the Services applies only to the extent permitted by law.

8. Personal Data (Privacy Policy)

In accordance with GDPR, we are committed to protecting your data.

• Data Controller: Facade Colorizer (contact@facadecolorizer.com).
• Data Collected: Email, username, purchase history, IP address, uploaded images.
• Purposes: Service provision, billing, customer support, promotional communication (with consent).
• Recipients: our principal hosting sub-processor (detailed information available upon request to contact@facadecolorizer.com pursuant to GDPR art. 28), PayPal (Payment).
• Retention: Active account: unlimited. Inactive: 3 years. Invoices: 10 years.
• Your Rights: Access, rectification, erasure. Contact: contact@facadecolorizer.com.
• Cookies: We use strictly necessary cookies for site operation (session, security), audience-measurement cookies (Google Analytics 4, anonymized statistics), and cookies placed by our advertising partner and its vendors to serve advertising and measure its performance (see section 8.1). You can manage or refuse non-essential cookies through your browser settings or, where displayed, our cookie consent banner.

8.1. Advertising and Interest-Based Ads

This Site is affiliated with Monumetric (dba for The Blogger Network, LLC) for the purposes of placing advertising on the Site, and Monumetric will collect and use certain data for advertising purposes. To learn more about how Monumetric uses your data, read the Monumetric Publisher Advertising Privacy Policy.

Third-party vendors, including Google and Monumetric's advertising partners, use cookies and similar identifiers to serve ads based on your prior visits to this Site or to other websites, and to measure the performance of those ads. These vendors may combine that information with data collected on other sites. This Site does not provide your name, email address or any other directly identifying information to advertisers.

How to opt out of interest-based advertising:

• Personalised ads from Google: Google Ads Settings.
• Members of the Network Advertising Initiative (NAI): NAI opt-out page.
• Members of the Digital Advertising Alliance (DAA): DAA Consumer Choice page.
• You can also block or delete cookies in your browser settings. Opting out does not remove advertising: it only stops ads from being tailored to your interests.

California residents. California law gives you the right to opt out of the "sale" or "sharing" of your personal information, which can include sharing data with advertising partners. To opt out, use the "Your Privacy Choices" link in the footer of this Site, or the opt-out mechanisms listed above. You may also request the categories of personal information shared and the categories of third parties involved, by writing to contact@facadecolorizer.com or to Monumetric at support@monumetric.com. We do not sell your name, contact details or any other sensitive information. The categories of third parties we share information with for advertising purposes are supply-side platforms, programmatic advertising exchanges and demand-side platforms.

European Economic Area and United Kingdom. Where our consent banner is displayed, advertising and measurement cookies requiring consent are only set once you have given it, and you can change or withdraw your choice at any time. To access or delete personal data held by Monumetric in connection with advertising on this Site, contact support@monumetric.com.

9. Protection Against Foreign Jurisdictions (notably United States and United Kingdom)

ACCEPTANCE OF FRENCH TERMS: BY USING THIS SERVICE, REGARDLESS OF YOUR COUNTRY OF RESIDENCE, YOU EXPRESSLY AGREE THAT THESE TERMS ARE GOVERNED EXCLUSIVELY BY FRENCH LAW AND THAT ANY DISPUTE SHALL BE SUBJECT ONLY TO THE COMPETENT FRENCH COURTS.

WAIVER OF RIGHT TO SUE OUTSIDE FRANCE: YOU IRREVOCABLY WAIVE ANY RIGHT TO BRING A LEGAL ACTION BEFORE ANY JURISDICTION OTHER THAN THE FRENCH COURTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE THE APPLICATION OF CONSUMER PROTECTION LAWS OR OTHER LAWS OF YOUR LOCAL JURISDICTION IN FAVOR OF FRENCH LAW.

EXCLUSION OF LIABILITY FOR FOREIGN JURISDICTIONS: In the event that a user invokes a foreign jurisdiction (notably American - federal or state - or British), the Publisher disclaims all liability of any nature whatsoever, including but not limited to:

• Any claim, legal action, or proceeding brought before a non-French jurisdiction.
• Any payment obligation, damages, penalties, or sanctions ordered by a non-French jurisdiction.

NON-ENFORCEMENT OF FOREIGN JUDGMENTS: The Publisher does not recognize any decision, judgment, arbitral award, or injunction issued by a non-French jurisdiction as binding or enforceable.

10. Governing Law

These terms are governed exclusively by French law. Any dispute shall be subject to the exclusive jurisdiction of the competent French courts.

11. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION.

If this clause is found to be unenforceable, this entire section 11 shall be deemed null and void, without affecting the remainder of these Terms.

12. Force Majeure

The Publisher shall not be liable for any delay or failure in the performance of its obligations resulting from any event of force majeure, including but not limited to: natural disasters, pandemics, wars, armed conflicts, acts of terrorism, cyberattacks, internet or cloud infrastructure outages, economic sanctions, embargoes, strikes, governmental actions, or any other event beyond the reasonable control of the Publisher.

In the event of force majeure lasting more than ninety (90) days, either party may terminate the agreement without compensation.

13. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement and No Outside Promises

These Terms constitute the entire agreement between you and the Publisher regarding the Services and supersede all prior or contemporaneous negotiations, communications, or proposals, whether oral or written.

NO REPRESENTATION, PROMISE, WARRANTY, OR UNDERTAKING not expressly set forth in these Terms has been made to induce you to use the Services. You acknowledge that you have not relied on any statement outside of these Terms.

16. Minimum Age and Capacity

You must be at least eighteen (18) years old and have the legal capacity to enter into contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.

17. AI Facade Render Specific Disclaimer

Renders generated by the Service are indicative visualizations for reference purposes only. They do not constitute architectural specifications, paint formulas, certified color matches, or professional design recommendations.

Actual painted results will vary due to factors including but not limited to: lighting conditions, paint brand and formulation, surface texture and condition, application technique, weather conditions, and aging.

The Service is not a substitute for professional advice from a qualified architect, engineer, color consultant, heritage advisor, or any other professional. Professionals using the Service remain solely responsible for exercising their own professional judgment and meeting their professional duties of care.

The Publisher is not liable for any decisions made or actions taken by the User or their clients based on AI-generated renders.

18. Explicit Exclusion of Consequential Damages

IN NO EVENT SHALL THE PUBLISHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Costs of physical works (painting, repainting, materials, labour).
• Loss of profits, goodwill, or business opportunities.
• Property damage to buildings or assets.
• Reputational harm.
• Loss of data or information.

THIS EXCLUSION APPLIES EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

19. Usage Restrictions

You shall not, and shall not permit any third party to:

• Use the Service to build a competing product or service.
• Use the Service to train, develop, or improve any machine learning model or artificial intelligence system.
• Scrape, crawl, or use automated means to extract data from the Service.
• Sublicense, resell, rent, lease, or distribute the Service to any third party.
• Remove or alter any proprietary notices.
• Use the Service in any manner that exceeds the scope of rights expressly granted in these Terms.

20. Input Content Warranty

You represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to upload and process all content submitted to the Service.
• The submitted content does not infringe any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
• You have obtained all necessary authorizations from property owners, tenants, or other rights holders before submitting images of buildings, facades, or properties.
• The submitted content complies with all applicable laws and regulations.

You are solely responsible for your submitted content and the consequences of submitting it to the Service.

21. Time Limitation on Claims

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arises, regardless of any statute of limitations to the contrary. Any claim not brought within this period is permanently barred.

22. Assignment and Feedback License

Non-assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms without the Publisher's prior written consent. The Publisher may freely assign its rights and obligations without restriction. Any attempted assignment in violation of this section is void.

Feedback: If you provide any suggestions, ideas, enhancement requests, or feedback regarding the Service ("Feedback"), you hereby assign to the Publisher all rights, title, and interest in and to such Feedback. The Publisher may use Feedback for any purpose without obligation, compensation, or attribution to you.

23. Data Deletion Post-Termination

Upon termination or expiration of your account, the Publisher may permanently delete all data, content, and outputs associated with your account after a period of thirty (30) days. The Publisher shall have no obligation to retain, return, or provide access to any data after this period. You are solely responsible for exporting or backing up your data prior to termination.

24. Export Controls and Sanctions

The Service may be subject to export control and sanctions laws and regulations. You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions.
• You are not identified on any applicable sanctions or denied-party list.
• You will not use the Service in violation of any applicable export control or sanctions laws.

25. AI Transparency (EU AI Act Compliance)

In accordance with Regulation (EU) 2024/1689 (EU AI Act), we inform Users that:

• All renders are generated by artificial intelligence models.
• Renders do not represent photographs or real-world captures.
• Users deploying renders in client-facing materials must maintain the AI-generated disclosure or add their own transparency notice.

26. Intellectual Property in AI Outputs

The Publisher makes no representation or warranty that AI-generated renders are free from third-party intellectual property rights. The User assumes all responsibility for ensuring that their use of renders does not infringe any third-party rights.

Subject to payment of applicable fees, the User receives a non-exclusive, non-transferable, revocable license to use AI-generated renders for internal business purposes and client presentations. Ownership of the underlying AI models, algorithms, and training data remains exclusively with the Publisher and its licensors.

27. Independent Contractors

The relationship between you and the Publisher is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between the parties.

28. Language

These Terms are drafted in French and English. In the event of any conflict or inconsistency between the French and English versions, the French version shall prevail.

29. Survival

The following provisions shall survive any termination or expiration of these Terms: Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Exclusion of Consequential Damages, Indemnification, Dispute Resolution, Protection Against Foreign Jurisdictions, Data Deletion, and any other provisions which by their nature should survive.

30. Insurance Recommendation

The Publisher recommends that all Users maintain appropriate professional liability (errors & omissions) insurance covering their use of AI-assisted tools in their professional work. The Publisher does not provide insurance coverage for any losses arising from the use of Service outputs.