Terms of Service
Last updated: May 2025
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Hathaura Color Studio platform ("Service"), operated by Hathaura Color Studio LLC, a Texas limited liability company ("Hathaura," "we," "us," or "our").
By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Eligibility
To use our Service, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Service, you represent that you meet these requirements.
3. Account Registration
You must provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
4. Client Photo Consent and Indemnification
This is an important provision. Please read carefully.
When you upload photos of your clients to the Service, you represent and warrant that:
- You have obtained all necessary rights, permissions, and consents from the individuals depicted in the photos to upload, store, and process their images through our Service.
- You have informed your clients about how their photos will be used and have obtained their consent for color analysis processing.
- For any photos of minors, you have obtained consent from the minor's parent or legal guardian.
Indemnification: You agree to indemnify, defend, and hold harmless Hathaura Color Studio LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your upload of photos without proper consent
- Any violation of a third party's privacy rights
- Your breach of these Terms
5. Subscription Plans and Billing
5.1 Subscription Tiers
We offer three subscription tiers with different monthly analysis limits:
- Starter: Up to 3 analyses per month
- Stylist: Up to 10 analyses per month
- Pro: Up to 20 analyses per month
Additional analyses beyond your monthly limit may be purchased at per-report rates as displayed in your account.
5.2 Free Trial
New accounts receive a 3-day free trial with 1 analysis credit. Your payment method will not be charged during the trial period.
5.3 Billing and Auto-Renewal
Subscriptions are billed monthly via Stripe. Your subscription will automatically renew each month unless you cancel. You may cancel at any time; your access will continue until the end of your current billing period.
5.4 Cancellation
You may cancel your subscription at any time from your account settings. Upon cancellation, you will retain access to the Service until the end of your current billing period. No refunds are provided for partial months.
6. Acceptable Use
You agree not to:
- Upload content that is illegal, harmful, or violates the rights of others
- Use the Service to harass, defame, or harm any person
- Attempt to gain unauthorized access to our systems
- Use automated means to access the Service without permission
- Resell or redistribute access to the Service without authorization
7. Intellectual Property
7.1 Our Property
The Service, including its design, features, content, and underlying technology, is owned by Hathaura Color Studio LLC and protected by intellectual property laws. You may not copy, modify, or create derivative works of our Service without permission.
7.2 Your Content
You retain ownership of the photos and content you upload. By uploading content, you grant us a limited license to process and store it for the purpose of providing the Service.
7.3 Generated Reports
The branded color analysis reports generated through the Service are yours to use with your clients. You may distribute these reports to your clients as part of your professional services.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Color analysis results are provided as guidance based on analysis of uploaded photos. We do not guarantee any particular outcomes or results from using our analysis. Color perception can vary based on lighting, photography conditions, and display settings.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HATHAURA COLOR STUDIO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.
11. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately, though provisions that by their nature should survive (such as indemnification and limitation of liability) will continue in effect.
12. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Contact Us
If you have questions about these Terms, contact us at:
Hathaura Color Studio LLC
Houston, Texas, USA
Email: hathaurasocial@gmail.com
