Terms of Use
These Terms of Use (“Terms”) govern your use of the Color Garden: Color by Number mobile app (the “App”), developed and published by TOMX (“we”, “us”). By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.
1. The App
The App is a color by number game. It is free to use and supported by advertising. Some pictures are unlocked by watching a short rewarded video ad. Features and content may change over time.
2. License
We grant you a personal, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, for your personal, non-commercial use, in accordance with these Terms and the App Store usage rules.
3. Content and intellectual property
The App, including its illustrations, design, software and trademarks, is owned by us or our licensors and is protected by intellectual property laws. You may save the pictures you color and share them for personal, non-commercial purposes (for example, on social media). You may not sell, license or otherwise commercially exploit the App's illustrations, colored or not.
4. Advertising
The App displays ads provided by third parties (Google AdMob). We are not responsible for the content of third-party ads or the websites and services they link to. How advertising data is handled is described in our Privacy Policy.
5. Acceptable use
You agree not to:
- copy, modify, reverse engineer or decompile the App, except as permitted by law;
- interfere with the App, its servers or its advertising, or use automated means to access it;
- use the App for any unlawful purpose.
6. Your anonymous account and data
The App creates an anonymous account automatically. You can delete it, together with all related data, at any time in Settings → Delete account. Our collection and use of information is described in the Privacy Policy.
7. Disclaimer
The App is provided “as is” and “as available”, without warranties of any kind, to the fullest extent permitted by law. We do not guarantee that the App will be uninterrupted, error-free or that your progress will never be lost.
8. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages arising from your use of the App. Nothing in these Terms limits liability that cannot be limited under applicable law, or your rights as a consumer.
9. Termination
You may stop using the App and delete it at any time. We may suspend or end your access if you breach these Terms. Sections that by their nature should survive termination will survive.
10. App Store terms
If you downloaded the App from Apple's App Store:
- These Terms are an agreement between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
- Your license is limited to using the App on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support services for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection claims.
- If a third party claims that the App infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms (for example, your wireless data service agreement).
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
11. Changes to these Terms
We may update these Terms from time to time. We will change the effective date above, and continued use of the App after changes take effect means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of the Republic of Türkiye, without prejudice to any mandatory consumer protection laws of the country where you live.
13. Contact
TOMX · info@tomx.co