Terms of Use

1. Agreement and Eligibility

These Terms of Use are a binding agreement between you and LifeVen LLC, a Washington limited liability company ("LifeVen," "we," "us," or "our"), governing your download, access, and use of PaintCue, including the app, its color readings, advice, paint descriptions and lessons, this website, and any feature we add later, such as accounts, AI features, cloud features, and paid features (together, the "Service"). By using the Service, you accept these Terms and the PaintCue Privacy Policy. If you do not agree, do not use the Service.

You must be legally capable of entering this agreement. If you are under the age of majority where you live, a parent or legal guardian must review and accept these Terms for you and supervise any purchase and any use of paints and materials. PaintCue is not directed to children under 13.

Some features may show additional terms or notices in the app. Those terms are part of these Terms for that feature, and they control if the two conflict.

2. Limited License

Subject to these Terms, LifeVen grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use PaintCue on devices you own or control, solely for lawful personal, non-commercial use and as permitted by the applicable app-store usage rules. No ownership interest is transferred to you.

3. Ownership and Restrictions

The Service, including its software, design, text, color models, paint descriptions, lessons, lesson pictures, prompts, databases, trademarks, and all related intellectual-property rights, is owned by LifeVen or its licensors. Except where applicable law expressly permits, you may not copy, modify, translate, rent, sell, sublicense, distribute, publicly display, reverse engineer, decompile, disassemble, defeat security features, extract source code, prompts, or substantial content, or create derivative works from the Service. You may use what you learn from a lesson to make your own paintings, and you own the paintings you make.

If you send suggestions or feedback, you grant LifeVen a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without restriction, attribution, or compensation.

4. Your Content

You keep ownership of the photos, color names, recipes, notes, and other content you add ("Your Content"). You are responsible for Your Content and represent that you have the rights and permissions needed to add and use it, and that it does not violate law or anyone's rights. Reference photos, artworks, and images made by other people belong to their owners. Photograph or upload them only where you are allowed to, and do not include other people in a photo you send to an online feature without their permission.

When you use a feature that sends Your Content off your device, such as an AI course, feedback, or backup feature, you grant LifeVen and the service providers acting for us a worldwide, non-exclusive, royalty-free license to host, store, transmit, reproduce, process, analyze, and transform that content as needed to provide and improve the feature, keep the Service secure, and comply with law. This license ends when the content is deleted under the Privacy Policy, except for copies we must keep by law or that remain in routine backups for a limited time.

PaintCue stores your records on your device unless you turn on a feature that stores them elsewhere. You are responsible for device security and any backups you keep. Deleting records, clearing app data, uninstalling the app, losing a device, storage corruption, operating-system changes, or device failure may cause permanent data loss, and LifeVen has no obligation and may have no technical ability to recover local data.

5. Color Readings, Advice, and Lessons

PaintCue reads colors from photos taken with consumer cameras and screens. Readings depend on the light, the camera, the device, the paint, the surface, and how the photo was taken, and they are estimates, not measurements from a calibrated instrument. Paint names, recipes, suggestions, lesson steps, lesson pictures, paint descriptions, and any instructional or generated content (together, "Guidance") are general information to help you paint. Lesson and stage pictures may be AI-generated illustrations rather than photographs of real paintings.

Guidance is provided as is. We do not promise that a mix will match a color, that a recipe will give the same result with your paints, or that you will achieve any particular artistic result. Paints differ between brands, batches, and colors, and acrylic and watercolor change as they dry. Use your own judgment, test on a scrap first, and decide for yourself what to paint.

6. Paints, Materials, and Safety

You are responsible for choosing, using, storing, and disposing of your paints, mediums, solvents, varnishes, and other materials safely. Some art materials contain hazardous substances, such as pigments made with cadmium, cobalt, or other heavy metals, and some solvents, sprays, and mediums give off fumes. Read and follow the manufacturer's labels and safety data sheets, work with adequate ventilation, do not eat, drink, or smoke while painting, keep materials away from children and pets, wash your hands, and follow local rules for disposing of paint and rinse water.

PaintCue does not provide health, medical, or safety advice and does not check whether a paint or material is safe for you or for any use. When it names a paint, it names a general color, not a product recommendation.

7. Optional, Beta, and Future Features

We may offer optional features, such as an AI painting course built from your photo, AI feedback or generated images, a LifeVen account, backup or sync, subscriptions, credits, or other paid features. Some may be labeled beta, preview, or experimental. Optional, beta, and future features may require an account, an internet connection, acceptance of additional terms, or payment, may be limited by region, device, or usage, and may change, be limited, or end at any time. They are provided as they are.

8. AI Features and Generated Content

AI features produce output generated by AI models ("Output"), such as lesson plans, painting feedback, stage pictures, or other images and text. Output may be inaccurate, incomplete, mistranslated, or similar to output others receive. An AI-generated stage picture shows one possible way a painting could look, not a promise of how yours will turn out. Review Output before relying on it.

As between you and LifeVen, you may use Output you receive for personal purposes, and LifeVen claims no ownership of it. We do not promise that Output is unique, accurate, or free of third-party rights, and you are responsible for how you use and share it. We may refuse, limit, or filter requests or Output for safety, legal, or quality reasons.

9. Accounts, Purchases, and Subscriptions

If a feature requires a LifeVen account, keep your sign-in secure; you are responsible for activity on your account.

Paid features are sold through the App Store or Google Play, and the store shows the price before you buy. Purchases are also governed by the store's terms. An auto-renewing subscription renews automatically at the end of each period, and the store charges your account, unless you cancel at least 24 hours before the period ends. You can manage or cancel a subscription in your App Store or Google Play account settings; deleting the app does not cancel it. Canceling stops future renewals, and you keep access until the end of the period you paid for. If a free trial is offered, it converts to a paid subscription unless you cancel before it ends.

Refunds are handled by Apple or Google under their policies. LifeVen cannot issue refunds for store purchases except where the law requires. If a purchase is refunded or charged back, the access or credits it provided may be removed. Credits, if offered, are a limited license to use paid features, have no cash value, and cannot be transferred or sold. We may change prices, plans, and which features are paid, with notice as the stores and the law require. RevenueCat may manage purchase status for us.

10. Acceptable Use

You may not use the Service to:

• violate any law, regulation, contractual duty, or third-party right;
• send an online feature content you do not have the right to use, photos of other people without their permission, or photos of children without a parent or guardian's consent;
• store or generate unlawful, infringing, defamatory, sexual, abusive, or malicious content;
• get around safety checks, usage limits, or payments, or abuse purchases, refunds, trials, or promotions;
• access the Service by automated means, introduce malware, interfere with the Service, bypass access controls, or probe for vulnerabilities;
• resell or commercially exploit the Service, its lessons, or Output; or
• use the Service or its content to build, benchmark, train, or improve a competing product without written permission.

We may refuse, limit, or block requests, content, or accounts that we reasonably believe break these rules or create legal or safety risk.

11. Updates, Availability, Suspension, and Termination

We may add, change, restrict, suspend, or discontinue any feature or the Service itself; change compatibility requirements; require an update; or stop supporting a device, operating system, language, region, or store. We may suspend or end your access, including any account, if you violate these Terms, misuse the Service, commit fraud, or create legal risk for LifeVen. You may stop using the Service at any time.

We are not responsible for outages, store removal, device incompatibility, loss of access, or changes made by Apple, Google, operating-system providers, AI providers, or other third parties, or for events beyond our reasonable control.

12. Third-Party Services and Content

The Service may work with device cameras and photo pickers, app stores, sign-in providers, hosting providers, AI gateways and AI model providers, purchase management services such as RevenueCat, operating-system backup services, sharing destinations, and external links. Those services are controlled by third parties and governed by their own terms and privacy practices. LifeVen does not endorse and is not responsible for their availability, security, content, conduct, or data handling.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, ALL GUIDANCE, AND ALL OUTPUT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." LIFEVEN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE, ANY COLOR READING, GUIDANCE, OR OUTPUT WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT RECORDS WILL BE PRESERVED, THAT ANY MIX WILL MATCH A COLOR, OR THAT ANY ARTISTIC RESULT WILL BE ACHIEVED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFEVEN AND ITS OWNERS, MEMBERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PHOTOS, PROFITS, REVENUE, GOODWILL, OPPORTUNITIES, PAINTS, MATERIALS, OR ARTWORK, OR FOR ANY INJURY, ILLNESS, OR PROPERTY DAMAGE ARISING FROM PAINTS OR MATERIALS YOU USE, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR PAINTCUE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) TEN U.S. DOLLARS (US $10). Some jurisdictions do not allow certain exclusions or limits; in those jurisdictions, these limits apply only to the extent permitted by law, and nothing in these Terms limits liability that cannot be limited by law.

15. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless LifeVen and its owners, members, affiliates, employees, contractors, agents, licensors, successors, and assigns from claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys' fees arising from your unlawful or negligent use of the Service, your use of paints and materials, Your Content, how you use or share Output, your violation of these Terms, or your violation of another person's rights. LifeVen may control the defense and settlement of any covered claim.

16. Dispute Resolution; Individual Arbitration

Before filing a claim, you and LifeVen agree to send written notice to support@lifeven.com (or, for notice to you, to the contact information we have) describing the claim and the relief sought, and to attempt in good faith to resolve the dispute for 60 days. Except for eligible small-claims matters or claims seeking injunctive relief for intellectual-property misuse, unresolved disputes will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section.

YOU AND LIFEVEN WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual claimant and only as necessary to resolve that claim. If this class-action waiver is found unenforceable for a claim, that claim must proceed in court, not in arbitration, and will be stayed until the individual arbitrations are finished.

If 25 or more similar arbitration demands are filed against LifeVen by the same or coordinated counsel or claimants, the AAA Mass Arbitration Supplementary Rules apply, and the demands will be administered in batches as those rules provide. Applicable statutes of limitation are tolled for demands waiting in a batch. Each side pays the fees the AAA rules assign to it.

You may opt out of arbitration by emailing support@lifeven.com within 30 days after first accepting these Terms, with your name and a clear statement that you opt out. To the extent permitted by law, any claim must be brought within one year after it arises. These Terms are governed by Washington law, without regard to conflict-of-law rules. If arbitration does not apply, the state and federal courts located in King County, Washington have exclusive jurisdiction, except where mandatory consumer law gives you the right to bring a claim where you live.

17. Apple App Store Terms

If you obtained PaintCue through Apple, these Terms are between you and LifeVen, not Apple. LifeVen, not Apple, is responsible for PaintCue, maintenance and support, product claims, legal or regulatory claims, and third-party intellectual-property claims. Apple has no obligation to provide maintenance or support. If PaintCue fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your license is limited to Apple-branded products you own or control and use permitted by Apple's Usage Rules, including qualifying Family Sharing or volume-purchase access.

18. Google Play Terms

If you obtained PaintCue through Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for PaintCue. Purchases made through Google Play, including refunds and subscription management, are governed by Google's policies.

19. Export and Sanctions Compliance

You represent that you are not located in a U.S.-embargoed country or a country designated by the U.S. government as supporting terrorism, are not listed on a U.S. government restricted-party list, and will not use or export PaintCue in violation of applicable export-control or sanctions laws.

20. Changes to These Terms

We may revise these Terms by posting an updated version and changing the date above. For material changes, we will give reasonable notice in the app or on this website before they take effect. Changes apply going forward, and continued use after the effective date means you accept them. If you do not agree, stop using the Service.

21. General Terms

These Terms, any feature terms shown in the app, and the Privacy Policy are the entire agreement about the Service. You agree to receive notices electronically, in the app, on this website, or by email. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms; LifeVen may assign them in connection with an affiliate, financing, merger, acquisition, reorganization, or sale of assets. Provisions concerning ownership, Your Content licenses, purchases, disclaimers, liability, indemnity, disputes, and general terms survive termination.

22. Developer and Contact Information

PaintCue is provided by LifeVen LLC, a Washington limited liability company, Washington, United States. Mailing address and telephone contact are available upon request where required by applicable law. Questions, complaints, and claims should be directed to support@lifeven.com.