These Terms of Use ("Terms") are an agreement between you and Revolt Bots LLC, a Florida limited liability company ("we", "us"). They cover the Mellow Colors app for Android and iPhone, including its updates, coloring pages and features (the "App"), and this website.
By using the App you agree to these Terms. If you do not agree, please don't use it. Section 15 includes a waiver of jury trials and class actions.
1. Who may use the App
Mellow Colors is not directed at children. You must be at least 13 years old to use it (16 in the EU and EEA). If you are under the age of majority where you live, a parent or legal guardian must agree to these Terms for you.
2. Your license
We grant you a limited, personal, non-exclusive, non-transferable and revocable license to install and use the App for your own non-commercial purposes on devices you own or control, as allowed by the rules of the store you got it from. The App is licensed, not sold. We and our licensors keep all rights not expressly granted to you.
3. Subscriptions and free trials
The App is free to download, and some pages are free to color. A Premium subscription unlocks the full library.
- Billing. Subscriptions are bought inside the App and billed by Apple (App Store) or Google (Google Play) to your store account, under their terms.
- Automatic renewal. A subscription renews automatically at the end of each period, at the then-current price, until you cancel it.
- Cancelling. Cancel at least 24 hours before the end of the current period, in your store's subscription settings, to avoid being charged for the next one. Deleting the App does not cancel a subscription. After you cancel, you keep Premium until the end of the period you paid for.
- Free trials. Where a free trial is offered, it turns into a paid subscription when it ends unless you cancel at least 24 hours before then. The App shows whether a trial is available to you before you subscribe.
- Prices. Prices may vary by country and may include or add taxes depending on where you live. The App shows your price, taken from the store, before you subscribe. If we change a price, the change applies from your next renewal, and the store tells you about it under its rules.
4. Refunds
Purchases are refunded by Apple or Google, under their refund policies. We cannot issue refunds for store purchases ourselves. Nothing in these Terms limits a refund or withdrawal right that the law gives you and that cannot be waived.
5. The pages and your artwork
The coloring pages in the App are ours or our licensors'. They are licensed to you for personal, non-commercial use inside the App.
Your finished artwork is yours. You can save it, print it and share it, for example with friends or on social media. Because the page underneath is still ours, you may not sell your colored pages, use them in products or advertising, or collect blank or colored pages to redistribute them without our written permission.
6. Acceptable use
You agree not to, and not to help anyone else to:
- copy, extract, sell, rent, sublicense or redistribute the App or its pages, except as these Terms allow;
- reverse engineer, decompile or disassemble the App, except where the law expressly permits it despite this restriction;
- remove, bypass or tamper with the paywall, subscription checks or security features;
- interfere with, overload or disrupt our servers, or access them other than through the App;
- use the App in violation of any law or anyone else's rights.
7. Your data and backups
Your artwork is saved on your device, not on our servers. It can be lost if you uninstall the App, clear its data or lose the device. Keep copies of anything you don't want to lose, for example by exporting it. We are not responsible for lost artwork. How we handle personal data is described in the Privacy Policy.
8. Apple, Google and other services
The App relies on services we don't control, such as the app stores and RevenueCat for subscriptions. Their own terms and privacy policies govern your use of them, and we are not responsible for them.
9. Changes to the App
We may update, change, add or remove features and pages, or stop offering the App, at any time. Some updates may be needed to keep using the App. We try to keep it working well but do not promise that it will always be available or free of errors.
10. Intellectual property
The App, including its software, design, pages, text and graphics, belongs to Revolt Bots LLC or its licensors. "Mellow Colors", "Revolt Bots" and their logos are our trademarks.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries and regions; App Store is a service mark of Apple Inc. Google Play and Android are trademarks of Google LLC. We are not affiliated with or endorsed by Apple or Google.
11. No warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow these exclusions, so some of them may not apply to you.
Mellow Colors is a hobby app. It is not a medical, psychological or therapeutic product.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, REVOLT BOTS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $50.
These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence where the law forbids limiting it.
13. Indemnification
To the extent permitted by law, you will defend, indemnify and hold harmless Revolt Bots LLC and its members, managers, employees and contractors from any claim, loss, liability or expense (including reasonable attorneys' fees) arising out of your misuse of the App or your breach of these Terms.
14. Ending these Terms
You can stop using the App at any time by deleting it; remember to cancel any subscription in your store settings as well. We may suspend or end your access if you breach these Terms, if the law requires it, or to protect the App or other people. Sections 5, 6 and 10 to 19 survive the end of these Terms.
15. Governing law and disputes
These Terms and any dispute arising out of or related to them or the App are governed by the laws of the State of Florida, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting any legal proceeding, you agree to first contact us at support@mellowcolors.com with a description of the dispute and to try to resolve it informally with us for at least 30 days.
Any dispute that is not resolved informally will be decided exclusively by the state or federal courts located in Palm Beach County, Florida, and you and we consent to their personal jurisdiction, except that either party may bring an individual claim in small claims court where it qualifies. To the fullest extent permitted by law, you and we each waive the right to a jury trial, and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.
If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you mandatory protections, nothing in this section takes away those protections or your right to bring a claim in the courts where you live.
16. Changes to these Terms
We may update these Terms. We will post the new version here with a new effective date and, for material changes, give reasonable notice in the App. Changes apply from the date they are posted or from the date in the notice, and not to a dispute that arose before then. If you keep using the App after a change takes effect, you accept the updated Terms.
17. Apple App Store terms
This section applies if you got the App from the Apple App Store:
- These Terms are between you and Revolt Bots LLC only, not Apple Inc. ("Apple"). Revolt Bots LLC, not Apple, is solely responsible for the App and its content.
- Your license to the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- 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 of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Revolt Bots LLC's responsibility, to the extent they cannot be disclaimed under these Terms.
- Revolt Bots LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Revolt Bots LLC, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
- You confirm 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 on any U.S. Government list of prohibited or restricted parties.
- Questions, complaints and claims about the App go to Revolt Bots LLC at support@mellowcolors.com.
- You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
18. Google Play
If you got the App from Google Play, these Terms are between you and Revolt Bots LLC only, not Google LLC ("Google"). Google is not responsible for the App, its content, or its maintenance and support. Your use of Google Play is also subject to the Google Play Terms of Service.
19. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms stays in force.
- No waiver. If we don't enforce a provision, that is not a waiver of our right to do so later.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example as part of a merger or sale of assets.
- Export and sanctions. You may not use or export the App in violation of U.S. or other applicable export control and sanctions laws.
- Language. These Terms are written in English. If a translation differs, the English version controls.
- No third-party beneficiaries, except as stated in section 17.
20. Contact
Questions about these Terms: support@mellowcolors.com.