1. Acceptance of Terms
By creating an account, clicking "Sign Up", or otherwise accessing or using Colourblind Painter Pro (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our
Privacy Policy. If you do not agree, do not use the Service. These Terms constitute a legally binding click-wrap agreement under Canadian law.
2. Description of Service
Colourblind Painter Pro is a software-as-a-service (SaaS) platform designed for painting contractors. It provides AI-powered room visualisation, substrate detection, paint quantity estimation, colour identification, CVD simulation, and related professional tools. The Service is hosted in Canada and operated by Brady Ruoss ("we", "us", or "our"), a sole proprietor based in British Columbia, Canada.
3. Eligibility
You must be at least 18 years of age and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for professional use by painting contractors and related trades.
4. Accounts and Registration
You must provide accurate, current, and complete information when registering. You are solely responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account. We reserve the right to terminate accounts that contain inaccurate information or that have been inactive for more than 24 months.
5. Licence Grant
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes. You may not sublicense, resell, or otherwise transfer access to the Service. All intellectual property rights in the Service remain exclusively with us.
6. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable federal, provincial, or local law or regulation
- Upload content that is unlawful, defamatory, harassing, or that infringes any third-party intellectual property rights
- Attempt to gain unauthorised access to any system, network, or account
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code
- Use automated tools (bots, scrapers, crawlers) to extract data from the Service in bulk
- Interfere with or disrupt the integrity or performance of the Service or its infrastructure
- Use the Service to develop a competing product or service
Violation of this policy may result in immediate account suspension or termination without refund.
7. Subscription, Pricing, and Billing
The Service offers a free tier with limited usage and a paid Pro subscription. Current pricing is displayed on the Pricing page. All prices are in Canadian dollars (CAD) and are exclusive of applicable taxes.
Automatic renewal: Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled before the renewal date. You will receive a reminder before renewal.
Payment processing: Payments are processed securely by Stripe. By providing payment information, you authorise us to charge your payment method for the subscription fees.
Price changes: We will provide at least 30 days' advance notice of any price increase. You may cancel before the new price takes effect.
8. Cancellation and Refund Policy
Cancellation: You may cancel your subscription at any time through your Billing settings. Cancellation takes effect at the end of the current billing period. In accordance with the British Columbia Business Practices and Consumer Protection Act (BPCPA), you may cancel a monthly subscription at any time without penalty.
Refunds: Subscription fees are generally non-refundable after a billing period has commenced. However, if you experience a significant service failure attributable to us, you may request a pro-rated credit or refund by contacting support within 14 days of the issue.
Free trial / free tier: If a free trial is offered, no charge is made until the trial period ends. You may cancel before the trial ends to avoid any charge.
9. Taxes
Prices displayed do not include applicable goods and services tax (GST), harmonised sales tax (HST), or provincial sales tax (PST). Applicable taxes will be calculated and added at checkout based on your billing address. You are responsible for any taxes applicable to your subscription in your jurisdiction.
10. Intellectual Property
All content, software, algorithms, designs, trademarks, and technology comprising the Service are owned by or licensed to us and are protected by Canadian and international intellectual property laws. You may not copy, reproduce, or create derivative works without our express written permission.
Paint colour names and codes referenced in the Service are the trademarks of their respective manufacturers. Colourblind Painter Pro is not affiliated with, endorsed by, sponsored by, or officially connected to Sherwin-Williams, Benjamin Moore, Cloverdale Paints, or any other paint manufacturer. Colour data is used for informational reference purposes only.
11. User Content
You retain full ownership of photos, files, and data you upload ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free licence to process and store that content solely for the purpose of delivering the Service to you. We do not sell, share, or use your User Content for any purpose beyond operating the Service. You represent that you have the right to upload all User Content and that it does not infringe any third-party rights.
12. AI-Generated Results — Disclaimer
AI-generated visualisations, substrate detections, and paint quantity estimates are provided for informational and planning purposes only. Results are not guaranteed to be accurate and should not be relied upon as a substitute for professional assessment. Always verify colour choices with physical paint swatches and consult a qualified professional before committing to a paint application. We accept no liability for losses arising from reliance on AI-generated outputs.
13. Privacy and PIPEDA Compliance
The collection, use, and disclosure of your personal information is governed by our
Privacy Policy, which forms part of these Terms. We comply with Canada's
Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, British Columbia's
Personal Information Protection Act (PIPA). By using the Service, you consent to the collection and use of your personal information as described in the Privacy Policy.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) CAD $100.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms limits our liability for gross negligence, fraud, or any other liability that cannot be excluded under applicable Canadian law.
16. Termination and Suspension
We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, or if required by law. Upon termination, your licence to use the Service ends immediately. You may request a copy of your data within 30 days of termination. After 30 days, your data may be permanently deleted.
17. Changes to Terms
We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email and by posting the updated Terms on this page. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your subscription before the effective date.
18. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising from these Terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in British Columbia under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC), except that either party may seek injunctive relief in a court of competent jurisdiction.