Terms of Service
These Terms of Service (“Terms”) govern your use of the Paletteable app (“App”), provided by Pink Octopus Pty Ltd (ABN 62 684 951 915), trading as Pink Octopus Labs (“we”, “our” or “us”), an Australian company. By downloading or using the App, you agree to these Terms.
1. The App
Paletteable helps painters:
- capture a colour from a photo or the camera;
- see the closest oil paints, or a suggested mixing recipe with ratios and a confidence score;
- build and manage palettes; and
- optionally sync palettes across their Apple devices via iCloud.
Paletteable is a guide, not a guarantee. Colour matches and mixing recipes are suggestions to help you mix with more confidence; they are approximate and depend on your screen, lighting and reference photo. Always confirm against physical paint. See the disclaimers below.
2. Licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use Paletteable for your personal use. You may not modify, reverse engineer or create derivative works of the App, attempt to disrupt or misuse it, or use it in breach of applicable laws.
3. Your content
- You keep ownership of the palettes and content you create.
- You are responsible for the content you create and for having the rights to any images you use.
- You can edit or delete your content at any time in the App.
Community sharing is not part of the current release. If we add the ability to share palettes publicly in future, separate terms (including content standards and a licence to display shared content) will apply, and sharing will be opt-in.
4. Purchases
Paletteable is offered as a one-off purchase with no subscription. Purchases are made through the Apple App Store at the price shown for your region, and are subject to Apple’s terms and refund policies; payments are handled by Apple and we do not receive your payment card details.
5. Paint data
- Paint information is provided for reference and may vary between batches and manufacturers.
- The paint database is compiled from publicly available information and our own research, and is provided “as is” without any warranty of accuracy or completeness. We are continually updating and expanding it.
- Paint brand names and trademarks belong to their respective owners and are used only for identification.
6. Intellectual property
Paletteable — including its design, software and content (other than content you create) — is owned by Pink Octopus Pty Ltd and protected by intellectual property laws. These Terms grant you no rights in our trademarks or branding.
7. Disclaimers
To the extent permitted by law, the App is provided “as is” and “as available” without warranties of any kind. In particular, colour matching is approximate and for reference only; digital displays may not represent paint colours accurately; and you should verify colours against physical paint before relying on them.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.
8. Limitation of liability
To the fullest extent permitted by law, Pink Octopus Pty Ltd will not be liable for any indirect, incidental, special or consequential loss, or loss of profits, arising from your use of the App. Where our liability cannot be excluded but can be limited, it is limited to re-supplying the App or the cost of doing so.
9. Third-party services
The App uses Apple services (iCloud, the App Store), which are governed by Apple’s terms and policies. We do not integrate other third-party services that collect your personal data. How we handle data is described in our Privacy Policy.
10. Termination
You may stop using the App at any time by deleting it. We may suspend or end your licence if you materially breach these Terms. Your locally stored and iCloud data remains under your control.
11. Changes
We may update the App and these Terms. For material changes to the Terms we will update the date above and note the change in the App. Continuing to use the App after changes take effect means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of its courts, without limiting any rights you have under mandatory local consumer law in your country of residence.
13. Contact
Pink Octopus Pty Ltd (ABN 62 684 951 915), trading as Pink Octopus Labs
Email: support@pinkoctopuslabs.com