Terms of Service

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you” or “your”) and AI Paint Visualizer (“AI Paint Visualizer,” “we,” “us,” or “our”), a business based in Vancouver, British Columbia, Canada. They govern your access to and use of our websites, applications, application programming interfaces, and related services (collectively, the “Service”).

By accessing or using the Service, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

• “Account” means the account you create to access the Service.
• “Content” means any photos, images, text, data, or other materials you upload, submit, or generate through the Service.
• “Output” means the visualizations, recolored images, and previews generated by the Service based on your Content and your selected colors.
• “Subscription” means a paid plan that gives you access to specified features and usage limits.

You must be at least the age of majority in your province, state, or country of residence (19 years of age in British Columbia) to create an Account and enter into these Terms. If you are between the age of digital consent and the age of majority, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

The Service is not directed to children under 13, and we do not knowingly permit them to use it. See our Privacy Policy for more information.

You represent that you are not barred from using the Service under the laws of Canada, your country of residence, or any other applicable jurisdiction, and that your use complies with all applicable laws.

To access certain features you must register for an Account and provide accurate, current, and complete information. You agree to keep this information up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. You agree to notify us immediately at hello@paintvisualizer.ai of any unauthorized use of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials.

You may not share your Account, sell or transfer it, or allow anyone else to use it without our permission. We may suspend or terminate Accounts that appear to be compromised or used in violation of these Terms.

AI Paint Visualizer lets you upload a photo of an interior room or a home exterior and preview how real paint colors from various brands, or custom colors, may look on selected surfaces. The Service uses automated and artificial-intelligence techniques to generate the Output.

We may add, change, or remove features, colors, brands, or functionality at any time. We may also impose or change usage limits (for example, the number of previews or uploads) for any plan. Some features may be offered on a trial, beta, or experimental basis and may be modified or discontinued without notice.

We may offer a limited number of free previews or a free trial so you can evaluate the Service. Unless stated otherwise, free previews are provided without requiring payment details and are subject to the usage limits shown at the time.

We may modify or discontinue free previews and trials at any time. We may also take reasonable measures to prevent abuse of free offerings, including limiting or disabling Accounts that we believe are creating multiple identities to circumvent limits.

Paid features are offered on a subscription basis. When you purchase a Subscription, you authorize us and our third-party payment processor to charge the applicable fees, plus any applicable taxes, to your selected payment method.

Recurring billing

Subscriptions renew automatically at the end of each billing cycle (monthly or annually, as selected) at the then-current rate, unless you cancel before the renewal date. By subscribing, you authorize these recurring charges until you cancel.

Taxes

Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales, goods and services, harmonized sales, value-added, or similar taxes, which may be added to your charges based on your billing location.

Payment processing

Payments are handled by third-party processors. We do not store full payment card numbers on our own servers. Your use of payment features may be subject to the processor’s terms and privacy policy.

Failed payments

If a charge fails, we may retry, downgrade your Account, or suspend access to paid features until payment is received. You are responsible for keeping your payment information valid and current.

We may change our fees from time to time. If we change the recurring fee for your Subscription, we will give you reasonable advance notice by email or through the Service. Price changes take effect at the start of the next billing cycle following the notice. If you do not agree to a price change, you may cancel before it takes effect. Continuing to use a paid Subscription after a price change takes effect constitutes your acceptance of the new price.

You may cancel your Subscription at any time through your Account settings or by contacting us at hello@paintvisualizer.ai. Cancellation stops future renewals. Unless required by applicable law or expressly stated otherwise, cancellation takes effect at the end of the current billing cycle, and you retain access to paid features until then.

Except where required by applicable consumer-protection law, fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused previews, or periods during which your Account remained open but you did not use the Service.

Nothing in these Terms limits any non-waivable statutory rights you may have as a consumer under the laws of British Columbia or your place of residence.

You retain all ownership rights you already hold in the Content you upload. We do not claim ownership of your Content.

To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize, adjust, and recolor), and process your Content solely for the purposes of providing, maintaining, securing, and improving the Service and generating your Output. This license lasts only as long as needed for those purposes and ends when your Content is deleted, except for residual copies retained in routine backups or as required by law.

You represent and warrant that you own or have all necessary rights, consents, and permissions to upload your Content and to grant this license, and that your Content and its use by us will not infringe or violate the rights of any third party (including privacy, publicity, intellectual property, or contractual rights) or any applicable law. Do not upload photos of people, property, or spaces without the necessary rights or permissions.

We do not use your uploaded photos to train generative AI models for use by other customers without your consent. For details about how we handle your Content, see our Privacy Policy.

Subject to your compliance with these Terms and any third-party rights, you may use the Output for your personal or internal business purposes, such as planning a paint project or sharing previews with your family, designer, or contractor.

The Output is a digital simulation and not a guarantee of real-world results. Colors shown on your screen are approximations that depend on your device, display calibration, the lighting and quality of your photo, and the limits of the underlying technology. Actual paint color, finish, sheen, coverage, and appearance will vary. Always confirm your final choice with a physical paint sample and, where appropriate, a professional before purchasing paint or beginning work. We are not responsible for decisions you make based on the Output.

Because AI Output may be generated for many users and may not be unique, we cannot promise that Output provided to you is not similar to Output provided to others.

You agree that you will not, and will not permit anyone to:

• upload or generate Content that is unlawful, infringing, defamatory, obscene, hateful, harassing, or that depicts or exploits minors;
• upload images of individuals or private property without the rights or permissions required to do so;
• violate any person’s privacy, publicity, intellectual property, or other rights;
• reverse engineer, decompile, scrape, or attempt to extract the source code, models, or underlying data of the Service, except to the extent this restriction is prohibited by applicable law;
• use bots, automated scripts, or other means to access the Service in a manner that exceeds normal use, circumvents usage limits, or imposes an unreasonable load on our infrastructure;
• resell, sublicense, or commercially exploit the Service without our prior written consent;
• introduce malware, attempt to gain unauthorized access to any system, or interfere with the security or integrity of the Service;
• use the Service to build a competing product or to train a competing machine-learning model; or
• misrepresent your affiliation with any person or entity, including any paint brand.

We may investigate suspected violations and may remove Content, limit features, or suspend or terminate Accounts that we reasonably believe violate these Terms or applicable law.

The Service, including its software, models, design, text, graphics, logos, and the “AI Paint Visualizer” name and branding, is owned by us or our licensors and is protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights, title, and interest in and to the Service. These Terms do not grant you any right to use our trademarks, logos, or brand features without our prior written consent.

AI Paint Visualizer is an independent tool. We are not affiliated with, sponsored by, or endorsed by Sherwin-Williams, Benjamin Moore, Behr, Farrow & Ball, PPG, Valspar, or any other paint manufacturer or brand.

All brand names, product names, color names, and trademarks are the property of their respective owners and are used on the Service for identification and reference purposes only. Displayed colors are close digital approximations of catalog values and are not official, certified, or guaranteed matches. To confirm a true color, refer to the manufacturer’s official swatch or a physical sample.

The Service may integrate with or link to third-party websites, products, or services (for example, payment processors, hosting and AI infrastructure providers, and analytics tools). We do not control and are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies. Links do not imply our endorsement.

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose without obligation or compensation to you.

We strive to keep the Service available but do not guarantee that it will be uninterrupted, timely, secure, or error-free. We may modify, suspend, or discontinue all or part of the Service, temporarily or permanently, at any time, with or without notice. We are not liable to you for any modification, suspension, or discontinuation of the Service, except as expressly provided in these Terms.

To the maximum extent permitted by applicable law, the Service and Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, that Output will be accurate or reliable, or that color previews will match real paint. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the maximum extent permitted by applicable law, in no event will AI Paint Visualizer or its owners, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or the cost of paint, materials, or labour, arising out of or relating to your use of, or inability to use, the Service or Output, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the liability, or (b) CAD $100.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless AI Paint Visualizer and its owners, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content; (b) your use or misuse of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

These Terms apply while you use the Service. You may stop using the Service and delete your Account at any time. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if required to protect the Service or other users, or if we discontinue the Service.

Upon termination, your right to use the Service ends and we may delete your Content and Account data, subject to our Privacy Policy and applicable law. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to the section below, you agree that the courts located in Vancouver, British Columbia will have exclusive jurisdiction, and you consent to the personal jurisdiction of those courts. If you are a consumer, you may have the right to bring claims in the courts of your place of residence under applicable local law.

Before filing a claim, you agree to first contact us at hello@paintvisualizer.ai and attempt to resolve the dispute informally. We will try in good faith to resolve any dispute within sixty (60) days. If we cannot resolve it, either party may pursue the remedies available under these Terms and applicable law. This section does not limit any mandatory statutory rights or remedies available to you as a consumer.

We may update these Terms from time to time. If we make material changes, we will provide notice by email or through the Service and update the “Last updated” date above. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices to you by email or through the Service. You may contact us using the details below.
• Language. The parties have requested that these Terms and all related documents be drawn up in English.

If you have questions about these Terms, please contact us:

• Email: hello@paintvisualizer.ai
• AI Paint Visualizer, Vancouver, British Columbia, Canada