Swatch to Canvas - Terms of Use

Welcome to Swatch to Canvas. These Terms of Use ("Terms") are the rules for playing the game and using its features. They are an agreement between you and the developer of Swatch to Canvas ("we", "us" or "our"). Please read them. They are written to be short and plain.

1. Agreeing to These Terms

By downloading, opening or playing Swatch to Canvas (the "Game"), you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Game.

The Game is distributed through Apple's App Store, so Apple's Media Services Terms and the App Store's standard license terms also apply. If those and these Terms conflict about your license to use the app, Apple's terms win.

2. Who Can Play

The Game is for a general audience. Please follow the age rating shown on the App Store. You must be at least 13 to use Create with AI and photo paintings. You must be at least 18 to buy a print, and every print order must be placed and paid for by an adult. If you are under 18, please have a parent or guardian read these Terms with you, and get their permission before buying anything in the Game.

3. The Game

Swatch to Canvas is a solo color-mixing game. You mix dabs of paint to match each color in a painting, earn frames for how close you get, and build your own gallery.

• The paintings are AI-generated. The paintings in the Game were made with AI tools. They are not the work of any real person, and the style names (like Impressionism) describe general art movements, not any one person.
• Features change. We may add, change, pause or remove features, paintings or content at any time as the Game grows.
• No guarantee of uptime. We work to keep the Game running well, but it may sometimes be unavailable, slow or have bugs.

4. Your License to Use the Game

We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Game on Apple devices you own or control, for your own non-commercial fun, following these Terms and Apple's rules.

We (and our licensors) own the Game, including its paintings, artwork, code, design, sounds, names and logos. You may not copy, sell, rent, reverse engineer, or redistribute the Game or its content, except as the law allows or these Terms say.

5. Dabs and In-App Purchases

The Game uses virtual items called dabs, including silver dabs and golden dabs. You can earn dabs by playing, and some may be offered for purchase.

• Purchases go through Apple. All in-app purchases are processed by Apple using your Apple account. Apple's payment and refund rules apply. We don't see or store your payment details.
• Dabs are not money. Dabs have no cash value. They can't be sold, traded, transferred or exchanged for real money or anything outside the Game.
• You get a license, not ownership. When you buy or earn dabs, you get a limited license to use them in the Game. They are not your property.
• No refunds from us. Purchases are final and non-refundable, except where Apple's rules or the law require a refund. Refund requests go to Apple.
• Lost purchases. If a purchase doesn't appear, use Restore Purchases in Settings. Dabs you have already spent can't be returned.
• Changes. We may change dab prices, what dabs can be used for, and how many dabs things cost. We won't remove dabs you have already bought without a fair reason, such as a breach of these Terms, fraud, or a refund issued by Apple.
• Device storage. The Game has no player accounts, so your progress and dabs are saved on your device. If you delete the Game or lose your device, your progress and unspent earned dabs may be lost.

6. Your Paintings and Sharing

Your progress, frames and finished paintings are saved on your device. If you use Share, you choose where the painting goes, and the rules of that app or site apply.

You may share images of your finished paintings for personal, non-commercial use. Please don't sell them or claim the Game's paintings as your own original work.

7. Photo Paintings and Create with AI

The Game may let you:

• turn a photo from your camera roll into a painting, using a style and palette you pick (or "Original" to keep the photo as it is), cropped to 2:3 portrait or 3:2 landscape; and
• create a painting from a text prompt with AI, in portrait or landscape, and then adjust it with new prompts.

Costs and limits. Creating a painting with AI costs 1 golden dab, with a limit of 10 creations per day. For each AI creation, the first adjustment is free, and each adjustment after that costs 1 silver dab. If an AI request fails, the dab spent on it is returned to you. We may change these costs and limits, and we will show the current cost before you spend any dabs.

How it works. If you choose Original, the photo never leaves your phone, and that painting is made on the device. To create a painting with AI, or to turn a photo into a styled painting, your prompt, photo and choices are sent to our servers and to an AI image service. We add our own wording to your prompt (for example the style, palette, and quality and safety instructions) to get better results. We delete prompts, photos and AI results from our servers within 30 days. The painting stays saved on your phone.

8. Your Content and Content Rules

"Your Content" means the photos you upload and the prompts and adjustments you type.

You must have the rights. Only upload photos you took yourself or have permission to use. Only include people in your photos or prompts if they have agreed to it (and, for children, their parent or guardian has agreed).

Don't use the Game to create or upload anything that:

• is illegal, or promotes illegal activity;
• is sexual or sexually suggestive, or involves minors in any harmful way;
• is hateful, harassing, threatening or bullying, or attacks people based on who they are;
• shows or encourages graphic violence, self-harm or cruelty;
• copies or infringes someone else's copyright, trademark or other rights, including copyrighted characters, logos or brands;
• pretends to be a real person, or shows a real person in a false, embarrassing or harmful way;
• shares someone's private or personal information; or
• tries to get around our filters or safety tools.

What we can do. We use automatic filters and may review content to keep the Game safe and to follow the law and Apple's rules. We may block, change, refuse or remove any prompt, photo or AI result, and we may limit or turn off these features for any player who breaks these rules. If you see something that breaks these rules, please report it through Send Feedback or by email.

Ownership and license to us. You keep whatever rights you have in Your Content. You give us a worldwide, non-exclusive, royalty-free license to store, copy, process, change and display Your Content only as needed to run these features for you, make prints you order, keep the Game safe, and follow the law. This license ends when the content is deleted from our systems, except for copies we must keep for safety, legal or record-keeping reasons.

AI results. AI results are created by software and may be imperfect, unexpected or inaccurate. They may look similar to results other players get, and we can't promise any AI result is unique. To the extent we have rights in an AI result made from Your Content, you may use it for personal, non-commercial purposes. You are responsible for how you use AI results and for making sure your use follows the law.

9. Buy a Print

The Game may let you order a physical print of your painting, such as a poster or framed print.

• Made by Printful. Prints are produced and shipped by our print partner, Printful. To fill your order, we and Printful use your name, shipping address, contact details and the painting image. Printful's own policies apply to production, shipping and delivery.
• Check your proof. Before every order, you'll see a proof of your print. You must review it and confirm that you've checked it before you can order. The printed colors may look slightly different from your screen, and you are responsible for checking the image, size and crop on the proof.
• Prices, taxes and shipping. Prices, taxes and shipping costs are shown before you pay. Payment is handled by the payment provider shown at checkout. Delivery times are estimates.
• Cancellations. Prints are made to order, so orders usually can't be cancelled once production starts.
• Returns and problems. Because each print is custom-made, we don't accept returns for a change of mind or for something that matches the proof you approved. If your print arrives damaged, defective or wrong, contact us within 15 days of delivery with your order details and photos, and we'll work with Printful to reprint it or refund it.
• Ownership and risk. Title and risk of loss pass to you when the print is handed to the shipping carrier.

Prints can ship to any country Printful delivers to. The countries available are shown at checkout.

10. Feedback

You can send feedback, bug reports, ideas and painting requests in the Game or by email. We may use your feedback to improve the Game without paying you or giving you credit, and sending feedback doesn't give you any rights in the Game or in changes we make. Please don't include personal information in feedback.

11. Fair Play

Please don't:

• cheat, hack, or use bots, mods or tools that change how the Game works;
• try to get dabs, prints or features you didn't earn or pay for, or misuse a bug to do so;
• interfere with, overload or attack the Game, our servers or our partners' services;
• copy, scrape or collect the Game's paintings or other content in bulk;
• break the law or these Terms while using the Game.

If you find a bug, please tell us through Send Feedback.

12. Ending Your Use

You can stop using the Game at any time by deleting it. We may limit, suspend or end your access to the Game or any feature if you break these Terms, if the law requires it, or if we stop offering the Game. If we end the Game entirely, we'll try to give reasonable notice in the Game or on the App Store.

Sections that by their nature should continue (like ownership, content license, disclaimers, limits on liability, and disputes) still apply after your use ends.

13. Privacy

Our Privacy Policy explains what information the Game sends and how it is used. Please read it at https://swatch-to-canvas.pages.dev/privacy/.

14. Disclaimers

The Game, its content, AI results and prints are provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties of any kind, whether stated or implied, including that the Game will be error-free, always available, or fit for a particular purpose. Some places don't allow these disclaimers, so some of this may not apply to you.

15. Limits on Our Liability

To the fullest extent the law allows, we will not be responsible for indirect, incidental, special, consequential or punitive damages, or for lost data, lost progress or lost profits. Our total responsibility for any claim about the Game is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) US $50. Some places don't allow these limits, so they may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.

16. Your Responsibility

If you break these Terms or the law, or misuse Your Content, and that causes a claim against us, you agree to cover the reasonable costs of that claim, to the extent the law allows.

17. Apple

These Terms are between you and us, not Apple. Apple is not responsible for the Game or its content, and has no duty to provide support or maintenance for it. If the Game fails to meet a warranty, you may tell Apple, and Apple may refund the purchase price of the app (if any); beyond that, Apple has no warranty duty. Apple is not responsible for handling any claims about the Game, including product liability, legal or consumer claims, or claims that the Game infringes someone's rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not in a country under a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

18. Disputes and Governing Law

Please contact us first if you have a problem, so we can try to fix it. These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in North Carolina, unless the law where you live gives you the right to bring a claim in your local courts.

19. Changes to These Terms

We may update these Terms as the Game changes. The date at the top shows when they were last updated. If a change is important, we'll let you know in the Game. If you keep playing after a change, you accept the updated Terms.

20. General

If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a part right away, we haven't given up the right to enforce it later. You can't transfer these Terms to anyone else; we may transfer them as part of a sale or reorganization of the Game. These Terms, together with the Privacy Policy, are the whole agreement between you and us about the Game.

21. Contact

Questions, problems or reports? Email us at swatchtocanvas.feedback@gmail.com, or use Send Feedback in the Game.

The developer of Swatch to Canvas