Kolor Me Silly
Terms & Conditions
Koloring Coach is an AI-assisted coloring inspiration, education, and personal planning service available at koloringcoach.com.
Last updated: September 26, 2026
Effective date: September 26, 2026
These Terms & Conditions (“Terms”) are a binding agreement between Kolor Me Silly LLC, doing business as Koloring Coach (“Kolor Me Silly,” “Koloring Coach,” “we,” “us,” or “our”) and each person who visits, purchases, creates an account for, or uses Koloring Coach (“you” or “user”).
By creating an account, checking the acceptance box, purchasing a plan or Page Creation, or otherwise using an account-based feature after these Terms are presented, you agree to these Terms, our Privacy Policy, Refund Policy, Copyright & Intellectual Property Policy, and Cookie Policy. If you do not agree, do not create an account, purchase, upload content, or use Koloring Coach.
Quick summary
This summary helps explain the Terms but does not replace them.
- You must be an adult who can legally enter this agreement.
- The person uploading a coloring page may not be the artist or publisher who created it.
- You may upload a page only if you own it, have permission or an applicable license, or otherwise have a lawful basis to upload and privately process it.
- Buying or possessing a coloring book does not automatically grant every right to scan, upload, reproduce, modify, process with AI, distribute, or commercially exploit its pages.
- You keep whatever rights you lawfully hold in your uploads. An artist’s or publisher’s ownership is not transferred to you or Koloring Coach.
- You give Koloring Coach only the limited operational permission needed to store the page, send it through service providers, produce the requested result, save the project, secure the service, and meet legal obligations.
- Koloring Coach does not use uploaded pages or generated results to train, fine-tune, or evaluate AI models owned or developed by Koloring Coach or Kolor Me Silly LLC.
- AI results are creative suggestions. They may be inaccurate, inconsistent, non-unique, or unsuitable for publication or commercial use.
- Subscriptions renew automatically when disclosed at checkout unless cancelled before the next renewal.
- Cancelling a subscription, deleting a project, and deleting an account are different actions.
- We may remove content or suspend an account for infringement, abuse, fraud, security threats, or other violations.
Eligibility
You must be at least 18 years old and have the legal capacity to enter a binding agreement to create or use a Koloring Coach account.
If you use Koloring Coach for a business or other organization, you represent that you have authority to accept these Terms for that organization. In that case, “you” includes both you and the organization.
Koloring Coach is intended for adults. It is not directed to children under 13 and does not operate a parental-consent system.
You may not use the service if applicable law prohibits you from receiving it or if we previously terminated your account for serious or repeated violations, unless we authorize renewed access in writing.
Your account
You must provide accurate, current information and keep it updated. You are responsible for protecting your login credentials, email account, devices, and active sessions.
You may not:
- Share an account with people who are not authorized under your plan;
- Sell, rent, transfer, sublicense, or commercially resell account access;
- Create accounts using false identities or unauthorized email addresses;
- Use another person’s account without permission;
- Circumvent account, plan, payment, usage, or technical limits; or
- Allow an account to be used for unlawful or prohibited conduct.
You are responsible for activity performed through your account unless you promptly notify us that the account was compromised and the activity occurred without your authorization.
Contact hello@kolormesilly.com promptly if you suspect unauthorized access.
What Koloring Coach provides
Koloring Coach provides AI-assisted tools that may include:
- Generated coloring references and revisions;
- Creative-direction ideas;
- Color palettes and coloring plans;
- Marker suggestions and marker-library tools;
- In-app Coach conversations;
- Saved projects, versions, favorites, and archives;
- Free Test setup before account creation; and
- Paid plans, Page Creations, or other entitlements described on the Pricing page or at checkout.
Features, models, interfaces, limits, and availability may change as the service develops. We may add, modify, limit, suspend, or discontinue a feature when reasonably necessary for safety, legal compliance, provider availability, maintenance, security, product improvement, or business operations.
If a change materially reduces a paid service during a current prepaid billing period, we will provide any remedy required by applicable law or our Refund Policy.
The user and the artist
The person uploading a coloring page is the user. The artist, illustrator, author, photographer, publisher, company, or other rights holder who created or owns the page may be someone else and may not have a Koloring Coach account.
References to “your upload,” “your content,” or “your project” identify content or a project associated with your account. Those phrases do not mean that you created or own every work in the project.
Koloring Coach’s acceptance or processing of an upload does not establish ownership, permission, fair use, public-domain status, or a commercial-use license. We do not independently clear the rights to every private upload.
Rules for uploads
You may upload content only when at least one of the following is true:
- You created and own the content;
- The Creator or Rights Holder gave you permission that covers the upload and requested processing;
- An applicable license permits the upload and requested processing;
- The content is in the public domain; or
- You otherwise have a lawful basis to upload and process it.
Possessing or purchasing a physical or digital coloring book does not automatically grant every right to scan, photograph, upload, reproduce, modify, process with artificial intelligence, distribute, publish, sell, or otherwise commercially exploit its pages.
You are responsible for reviewing and following any license, usage notice, platform rule, or restriction supplied by the Creator or publisher. Do not upload a page if you know that the upload or requested processing is prohibited or unlawful.
The U.S. Copyright Office advises that a person wishing to use another party’s copyrighted work should evaluate copyright status and seek permission unless a limitation or exception applies. Whether a particular use qualifies as fair use depends on the facts, and Koloring Coach does not make that legal determination for users.
Your promises
By uploading or submitting content, you represent and warrant that:
- You have reached the required age and can accept these Terms;
- You own the content, have permission or an applicable license, or otherwise have a lawful basis to upload and process it;
- Your use through Koloring Coach does not knowingly violate another person’s copyright, trademark, privacy, publicity, confidentiality, contractual, or other legal rights;
- You will follow restrictions imposed by the Creator, Rights Holder, or publisher;
- You will not remove or conceal copyright notices, signatures, watermarks, trademarks, or attribution to misrepresent ownership or authorship;
- You will not use Koloring Coach to reproduce, compile, or distribute unauthorized replacement pages, coloring books, or page collections;
- You will not submit confidential, regulated, illegal, deceptive, or harmful material; and
- Information you submit about ownership, permission, a copyright complaint, or a privacy request is truthful to the best of your knowledge.
If you are unsure whether you may upload a page, obtain permission from the Creator or publisher or consult a qualified attorney before uploading it.
Your content
Ownership
You retain whatever ownership rights you lawfully hold in Uploaded Content. If another person owns the content, that person’s ownership is not transferred to you, Koloring Coach, Kolor Me Silly LLC, or our service providers merely because the content is uploaded or processed.
Except for the limited operational license below, we do not claim ownership of Uploaded Content.
Limited operational license
You grant Kolor Me Silly LLC a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, process, and display Uploaded Content, and to generate requested results from it, only as reasonably necessary to:
- Provide features you request;
- Send necessary information to our hosting, storage, AI, security, support, and other service providers;
- Create and return references, revisions, palettes, plans, marker suggestions, and Coach responses;
- Save and display private projects and versions to you;
- Maintain, secure, meter, troubleshoot, and operate the service;
- Investigate fraud, abuse, infringement, and security incidents;
- Enforce these Terms and our other policies; and
- Comply with legal obligations.
This license does not permit us to sell an uploaded coloring page, publicly display a private project for advertising, build an artist-style or artist-identity model, or use Uploaded Content to train AI models owned or developed by Koloring Coach or Kolor Me Silly LLC.
The operational license ends when the associated content is deleted from our active systems, except to the limited extent information remains temporarily in protected backups, provider logs, security records, fraud records, safety systems, dispute records, or legal holds, or must be retained by law. Our Privacy Policy explains those limits.
Feedback
If you send suggestions, feature ideas, bug reports, or other feedback about Koloring Coach, you allow us to use that feedback without restriction or payment to improve and operate the service.
This feedback license does not give us permission to use an uploaded coloring page or private Generated Content for model training, advertising, or public promotion.
AI processing
Koloring Coach uses third-party AI infrastructure and routing services to connect the application to AI model providers, currently including Google Gemini.
When you request an AI feature, we may transmit the processed page, instructions, settings, relevant project context, previous results, and relevant Coach messages needed to produce the result. Providers may also process technical request information for security, safety, abuse prevention, billing, troubleshooting, and reliability.
The Privacy Policy provides more detail about the upload-to-deletion data flow, service-provider processing, retention, and privacy rights.
No model training by Koloring Coach
Koloring Coach and Kolor Me Silly LLC do not use Uploaded Content or Generated Content to train, fine-tune, or evaluate AI models owned or developed by Koloring Coach or Kolor Me Silly LLC.
We do not:
- Build artist-style, artist-identity, or artist-imitation models from user uploads;
- Assemble uploaded coloring pages, reference images, instructions, or generated results into datasets for sale, licensing, or external AI training;
- Sell or license Uploaded Content or Generated Content for AI-model training;
- Publish private Project Content for marketing or advertising; or
- Voluntarily authorize our AI infrastructure or model providers to use uploaded coloring pages for general AI-model training.
Under the service arrangements currently used by Koloring Coach, information submitted through the published application is not permitted to be used for general AI-model training by our AI infrastructure and model providers.
We will not materially change this commitment or apply a new AI-training use to previously collected content merely by updating these Terms.
This commitment does not mean that an uploaded page has never appeared elsewhere online or in another dataset. It also does not prevent temporary technical processing, operational logging, safety review, security retention, protected backups, or legally required preservation as described in the Privacy Policy.
AI results
Koloring Coach provides creative assistance, not professional, legal, licensing, or factual verification services. Generated Content is a suggestion or reference, not a guarantee.
AI results may be incomplete, inaccurate, inconsistent, unsuitable, delayed, unavailable, or visually similar to results generated for other users. Revisions may not create a noticeable change, and marker matches, palette suggestions, or coloring instructions may not perfectly match physical supplies, screens, printers, paper, lighting, or a user’s expectations.
We do not guarantee:
- That a result will match an uploaded page or instruction exactly;
- That every requested revision will produce a noticeable or satisfactory change;
- That color, palette, or marker recommendations will be exact;
- That a result is unique;
- That a result is eligible for copyright, trademark, or other protection;
- That a result does not resemble material belonging to another party;
- That a result is permitted for publication, resale, licensing, or commercial use; or
- That using a result will avoid claims by a Creator or Rights Holder.
You are responsible for reviewing Generated Content and obtaining any rights or permissions needed before sharing, publishing, selling, licensing, distributing, or commercially using it.
The U.S. Copyright Office states that purely AI-generated material is not protected by copyright under current U.S. law, while human-authored expression, creative selection or arrangement, and human modifications may be protected depending on the facts. Koloring Coach does not promise that any particular result is copyrightable.
Rights in Generated Content
As between you and Koloring Coach, and subject to applicable law, third-party rights, the rights in the underlying page, and these Terms, we do not claim ownership of Generated Content created specifically for your project.
This does not:
- Transfer an artist’s, illustrator’s, author’s, photographer’s, or publisher’s rights to you;
- Give you ownership of the underlying uploaded page;
- Guarantee that Generated Content is copyrightable or exclusive;
- Prevent other users from receiving similar results;
- Grant rights in trademarks, characters, brands, personalities, or third-party material; or
- Grant permission for commercial use of the underlying work.
You receive only the rights that Koloring Coach lawfully has authority to provide. Rights belonging to other people remain with them.
Intended use
Koloring Coach is designed for private coloring inspiration, education, planning, and personal reference.
The service itself does not grant permission to copy, publish, distribute, sell, license, or commercially exploit a Creator’s page. A private, personal, educational, or noncommercial project is not automatically lawful merely because of that purpose.
You are responsible for determining whether your upload and intended use comply with the applicable license and law. Koloring Coach does not provide legal advice and does not decide whether a specific use qualifies as fair use or another legal exception.
Prohibited conduct
You may not use Koloring Coach to:
- Upload or process content without ownership, permission, an applicable license, or another lawful basis;
- Infringe copyright, trademark, privacy, publicity, confidentiality, contractual, or other rights;
- Reproduce, assemble, distribute, or sell unauthorized replacement coloring pages, books, or page collections;
- Remove or conceal ownership information to misrepresent authorship or source;
- Impersonate a Creator or falsely claim sponsorship, approval, partnership, or endorsement;
- Generate, distribute, or facilitate unlawful, abusive, fraudulent, deceptive, defamatory, threatening, exploitative, or harmful material;
- Upload malware or code intended to disrupt, damage, monitor, or gain unauthorized access;
- Probe, scan, attack, overload, or bypass the service’s security or access controls;
- Access or attempt to identify another user’s private projects, files, messages, account, or personal information;
- Scrape, crawl, index, harvest, or bulk-download the service or its content without written permission;
- Reverse engineer, decompile, or attempt to discover nonpublic source code, models, prompts, credentials, systems, or methods except where applicable law expressly permits it;
- Circumvent payment, plan, Page Creation, message, generation, rate, or access limits;
- Use bots, scripts, or automated systems without written approval;
- Resell, rent, sublicense, timeshare, or commercially provide access to the service;
- Submit false payment, ownership, permission, copyright, privacy, or support information;
- Interfere with another person’s use of the service; or
- Encourage, assist, or enable another person to do any of the above.
We may establish reasonable technical limits to prevent abuse and protect service reliability.
Creator and Rights Holder protections
We may investigate reports that Project Content is unauthorized, infringing, deceptive, or otherwise violates these Terms.
We may preserve relevant evidence, restrict further processing, remove active content, disable sharing, warn a user, suspend features, or terminate an account when we reasonably believe action is needed to protect a Creator, Rights Holder, user, third party, or the service.
We may consider information provided by the user, Creator, Rights Holder, publisher, service provider, payment provider, law enforcement, or another relevant party. We are not required to decide private ownership disputes or disclose one party’s private account information to another except where legally required or permitted.
Repeated or serious violations may result in permanent account termination and loss of access to projects, subject to applicable law and the data-handling procedures in our Privacy Policy.
Copyright complaints
Copyright complaints are handled under our Copyright & Intellectual Property Policy.
We may remove or restrict access to content in response to a valid complaint or when we otherwise obtain sufficient knowledge of infringement. We may notify the affected user and provide information about any available response or counter-notice process.
We may terminate users who repeatedly infringe copyrights or other intellectual-property rights in appropriate circumstances.
Section 512 of the U.S. Copyright Act provides conditional safe harbors for qualifying service providers that satisfy applicable notice-and-takedown and repeat-infringer requirements. Nothing in these Terms represents that Koloring Coach qualifies for a particular safe harbor unless all legal and operational requirements have been implemented.
Knowingly submitting a materially false infringement notice or response may result in legal liability. Do not submit a copyright complaint merely because you dislike a user’s private coloring choices.
Plans and Page Creations
Koloring Coach may offer subscriptions, one-time purchases, Page Creations, and other paid entitlements. The price, billing frequency, included features, usage limits, renewal terms, and any applicable expiration or special restrictions are displayed on the Pricing page or during checkout and become part of these Terms when you purchase.
A Page Creation is a limited contractual entitlement to request a qualifying generation or feature. It is not money, stored value, a bank account, a security, a gift card, or property redeemable for cash.
Unless the Pricing page or checkout states otherwise:
- Page Creations may be used only through the account for which they were purchased or granted;
- Page Creations may not be sold, transferred, traded, or combined across accounts;
- Promotional or complimentary Page Creations have no cash value;
- A Page Creation may be temporarily reserved when a generation begins;
- A reserved Page Creation should be returned if the qualifying generation fails before a usable result is delivered;
- Dissatisfaction based only on creative preference does not automatically restore a Page Creation after a result is delivered;
- Attempts to manipulate failures, refunds, balances, or usage tracking may result in correction, suspension, or termination; and
- Closing an account may cause unused Page Creations to be forfeited, except where applicable law or our Refund Policy requires otherwise.
The account ledger and our service records control the recorded balance unless you provide evidence of an error and we verify it.
Subscriptions and renewal
If you purchase an automatically renewing subscription, it renews for the period and at the price disclosed at checkout unless you cancel before the next renewal date.
Before purchase, checkout must clearly display:
- That the plan renews automatically;
- The amount charged or how the amount is calculated;
- The billing frequency and renewal period;
- Any trial or introductory period and the price afterward;
- Material usage limits or minimum commitment;
- How to cancel; and
- When cancellation must occur to avoid the next charge.
Applicable automatic-renewal laws require clear disclosure of renewal terms and cancellation methods. Federal guidance likewise emphasizes clear material terms, affirmative consent, and a simple cancellation method for recurring programs.
By completing a subscription purchase after these disclosures are presented, you authorize the payment provider to charge the disclosed recurring amount, applicable taxes, and authorized price changes to your selected payment method until cancellation.
We may change a subscription price prospectively. We will provide advance notice when required and will not charge a new recurring price until legally effective. Continued subscription after the effective date constitutes acceptance where permitted by law; when affirmative consent is required, we will request it.
Cancellation
You may cancel a subscription using the cancellation method displayed in your account, through the payment-provider billing portal when available, or by emailing hello@kolormesilly.com from the account email address.
Cancellation stops future renewals after it is processed. Unless the Pricing page, checkout, Refund Policy, or applicable law states otherwise, you may continue using paid subscription features through the end of the already-paid billing period.
Cancelling a subscription does not automatically:
- Delete the account;
- Delete projects or Project Content;
- Refund charges already paid;
- Reverse completed Page Creation usage; or
- Delete records that must be retained for billing, fraud prevention, security, disputes, or legal compliance.
Deleting a project does not cancel a subscription. If you request account deletion while a subscription is active, we will also process cancellation of future renewals or provide the steps needed to complete cancellation through the payment provider.
Keep the cancellation confirmation. Contact us promptly if a charge occurs after a timely, confirmed cancellation.
Payments, taxes, and billing
You authorize our payment processor to charge the prices, recurring fees, one-time charges, and applicable taxes presented at checkout.
You must provide accurate billing information and keep the payment method current. If payment fails, we may retry the charge as permitted, restrict paid features, pause service, or cancel the subscription.
Prices may vary by plan, billing period, promotion, location, currency, tax, or purchase channel. A promotion applies only under its stated conditions and may not be combined unless expressly allowed.
You are responsible for taxes imposed on your purchase except taxes based on our net income. The payment processor may calculate and collect applicable sales, use, value-added, or similar taxes.
Do not initiate a chargeback for a charge you recognize without first contacting us and allowing a reasonable opportunity to investigate. This does not limit any chargeback or dispute right provided by law or a card issuer.
We may correct billing, entitlement, or ledger errors. If we undercharged because of our error, we will not impose a retroactive charge without authorization where the law requires consent.
Refunds
Refund eligibility is governed by our separate Refund Policy, which is incorporated into these Terms.
Except where the Refund Policy or applicable law provides otherwise:
- Completed and delivered AI generations are not refundable solely because the result did not match a user’s creative preference;
- A failed qualifying generation should result in restoration of the reserved Page Creation rather than a cash refund;
- Used Page Creations are not refundable;
- Partial billing periods are not automatically prorated after cancellation;
- Promotional and complimentary entitlements have no cash value; and
- Account suspension or termination for a material violation does not automatically create a refund right.
Nothing in these Terms limits a refund, cancellation, or consumer-protection right that cannot lawfully be waived.
Free features and promotions
We may offer Free Tests, trials, promotional Page Creations, discounts, referral benefits, or limited-access features. We may establish eligibility, duration, quantity, and use restrictions for them.
Unless checkout clearly states that a trial converts into a paid subscription, using a free feature does not by itself authorize a recurring charge. If a trial converts to a paid subscription, the conversion date, recurring price, billing frequency, and cancellation method must be disclosed before enrollment.
We may end or modify a promotion prospectively, but we will honor legally binding commitments already made for the stated promotional period.
Service availability
We aim to provide a reliable service but do not guarantee uninterrupted, error-free, or continuous availability. Features may be delayed or unavailable because of maintenance, provider outages, model limits, internet failures, security events, excessive demand, legal restrictions, or circumstances beyond our reasonable control.
We may apply rate limits, queues, file restrictions, usage limits, or temporary suspensions to protect users and the service.
If an AI provider, payment provider, hosting provider, or other service provider changes or discontinues a service, we may substitute another provider or modify the affected feature. We will update the Privacy Policy if a change materially affects how personal information or Uploaded Content is processed.
Changes to the service
We may improve, modify, replace, or discontinue features. We may change supported file types, model providers, usage limits, plan contents, Page Creation requirements, or technical requirements prospectively.
We will not use a product change or amendment to quietly convert private user uploads into a training dataset for models owned or developed by Koloring Coach or Kolor Me Silly LLC. The FTC has warned that retroactively expanding data use for AI through changed terms may be unfair or deceptive.
If a material change substantially reduces a prepaid service, any remedy will be determined under applicable law and the Refund Policy.
Suspension and termination
You may stop using Koloring Coach at any time. Subscription cancellation and account deletion must be completed separately as described above and in the Privacy Policy.
We may warn, restrict, suspend, or terminate an account or specific feature when we reasonably believe:
- You violated these Terms or another applicable policy;
- An upload or use infringes or threatens another person’s rights;
- Payment is overdue, reversed, disputed, unauthorized, or fraudulent;
- The account creates security, abuse, legal, or operational risk;
- You attempted to bypass limits or interfere with the service;
- Continued service would violate law or a provider requirement; or
- The service or relevant feature is discontinued.
Where reasonably practicable, we may provide notice and an opportunity to correct the issue. We may act immediately for fraud, security threats, illegal activity, serious infringement, harmful conduct, repeated violations, or material risk to users, Creators, Rights Holders, providers, or the service.
After suspension or termination, you may lose access to projects and Generated Content. You are responsible for exporting any content the service allows you to export before closing the account, unless immediate suspension prevents access for safety or legal reasons.
Sections that by their nature should continue—including ownership, operational licenses for retained records, payment obligations, disclaimers, limitations, indemnity, dispute terms, and enforcement rights—survive termination.
Account and data deletion
Archiving a project keeps it in the account. Deleting a project initiates removal of its active project record and associated active files. Cancelling a subscription stops future renewals but does not delete the account or projects. Deleting an account removes active account content, subject to limited legal, billing, fraud, security, backup, and provider-retention exceptions.
You can delete your account in Settings after confirming your identity. You may also request account deletion by emailing hello@kolormesilly.com from the account email address. Additional verification may be required before deletion.
Deleting content from Koloring Coach does not delete copies downloaded or shared outside the service, copies held by another person, the Creator’s original work, or temporary records in provider logs, backups, security systems, payment disputes, or legal holds.
The Privacy Policy controls how personal information is retained and deleted.
Third-party services
Koloring Coach depends on third-party services for hosting, storage, authentication, AI processing, payments, email, security, and support.
Third-party services may have separate terms and privacy policies. We are not responsible for a third-party website or service that you access outside Koloring Coach, but we remain responsible for our own obligations and for selecting and managing service providers as required by applicable law.
A provider’s outage, model behavior, policy change, or service restriction may affect Koloring Coach. We do not guarantee that a particular provider, AI model, or feature will always remain available.
Intellectual property
Except for user content and third-party materials, Koloring Coach—including its software, interface, branding, logos, text, designs, selection and arrangement, and other proprietary materials—is owned by Kolor Me Silly LLC or its licensors and is protected by applicable intellectual-property laws.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use Koloring Coach for its intended purposes during the period your account is authorized.
This right does not permit you to copy, sell, license, distribute, publicly display, create a competing service from, or commercially exploit Koloring Coach’s proprietary materials except with written permission or where applicable law expressly allows it.
“Koloring Coach,” “Kolor Me Silly,” associated logos, and related branding may not be used in a way that suggests endorsement, affiliation, or ownership without written permission.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOLORING COACH IS PROVIDED “AS IS” AND “AS AVAILABLE.”
We disclaim warranties that may otherwise arise by statute, usage, or course of dealing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent those warranties may lawfully be disclaimed.
We do not warrant that:
- The service will be uninterrupted, secure, or error-free;
- An upload, result, project, or conversation will never be lost;
- AI output will be accurate, unique, lawful, copyrightable, or fit for a particular use;
- A result will satisfy a user, Creator, publisher, customer, platform, or regulator;
- Color or marker suggestions will match physical materials;
- A requested revision will materially change the prior result;
- The service will detect every unauthorized or infringing upload; or
- A third-party provider will always remain available or maintain the same policies.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOLOR ME SILLY LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO KOLORING COACH OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KOLOR ME SILLY LLC FOR CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO KOLORING COACH DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
These limitations do not exclude or limit liability that cannot lawfully be excluded or limited, including liability for intentional or gross fault or physical injury where applicable law prohibits such limits.
Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, this section applies only to the maximum extent allowed.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Kolor Me Silly LLC and its members, managers, employees, contractors, and agents from third-party claims, damages, judgments, losses, liabilities, penalties, costs, and reasonable attorneys’ fees arising from:
- Uploaded Content or instructions you submit;
- Your actual or alleged infringement or violation of another person’s rights;
- Your unlawful, fraudulent, abusive, or prohibited use of the service;
- Your material breach of these Terms; or
- Your sharing, publication, sale, licensing, distribution, or commercial use of Generated Content.
You do not have to indemnify a protected party for that party’s own intentional misconduct, gross fault, or liability that applicable law does not allow to be shifted.
We may control the defense of a covered claim with counsel of our choosing, and you agree to provide reasonable cooperation. You may not settle a claim in a way that admits our fault, imposes an obligation on us, or affects our rights without our written consent.
Governing law and disputes
Disputes arising from these Terms are governed by the laws that legally apply, including applicable federal law and any non-waivable consumer rights under the law of your location.
Before filing a lawsuit, you and Kolor Me Silly LLC agree to make a good-faith attempt to resolve the dispute informally. The person raising the dispute must email hello@kolormesilly.com with the account email address, a description of the issue, the requested resolution, and relevant records. The parties will have 30 days after receipt to attempt resolution, unless immediate legal relief is reasonably necessary.
If the dispute is not resolved, either party may bring a claim in a court with jurisdiction under applicable law. In addition:
- A party may bring an eligible individual claim in small-claims court;
- A party may seek temporary or emergency relief to stop unauthorized access, security threats, infringement, or misuse of intellectual property; and
- A consumer may bring a claim in another forum when applicable law gives the consumer a non-waivable right to do so.
These Terms do not require private arbitration and do not contain a class-action waiver.
Electronic communications
You agree to receive Terms, policies, receipts, notices, disclosures, and other service communications electronically, including by email, in-app notice, or posting within the service, where permitted by law.
You are responsible for keeping the account email address current. Electronic notices are considered received when sent or posted, subject to applicable law and evidence of delivery failure.
Marketing communications remain optional and are governed by the Privacy Policy.
Changes to these Terms
We may update these Terms to reflect service changes, provider changes, legal requirements, security needs, or business operations.
For a material change, we will update the “Last updated” date and provide additional notice reasonably designed to reach affected users, such as an email or in-app notice. If the law requires renewed affirmative acceptance, we will request it before the revised Terms apply.
Changes apply prospectively unless the law permits or requires otherwise. Continued use after the effective date constitutes acceptance only where that method is legally valid.
We will not use a Terms update by itself to authorize a new use of previously collected Uploaded Content for AI-model training.
General provisions
Entire agreement. These Terms and the incorporated policies are the entire agreement between you and Kolor Me Silly LLC regarding Koloring Coach and replace prior agreements or statements about the same subject.
Order of precedence. If these Terms conflict with a purchase-specific offer, the purchase-specific terms control for that purchase. The Privacy Policy controls descriptions of personal-information handling. The Refund Policy controls refund eligibility. The Copyright & Intellectual Property Policy controls copyright notice procedures.
Severability. If a provision is held invalid or unenforceable, it will be enforced to the greatest extent permitted, and the remaining provisions will continue.
No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
Assignment. You may not assign or transfer these Terms or an account without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the service, subject to applicable law and the Privacy Policy.
No third-party beneficiaries. Except for parties expressly protected by the disclaimer, limitation, or indemnification provisions, these Terms do not create enforcement rights for third parties.
Force majeure. Neither party is responsible for delay or failure caused by events beyond reasonable control, except that this does not excuse payment obligations already incurred or obligations that applicable law does not allow to be excused.
Headings. Headings are for convenience and do not limit the Terms.
Language. If a translated version conflicts with the English version, the English version controls to the extent permitted by law.
Contact
Kolor Me Silly LLC d/b/a Koloring Coach
Email: hello@kolormesilly.com
Website: https://koloringcoach.com
