1. About these Terms
1.1 These terms and conditions (“Terms”) govern the provision of our “Art Book: Color by number” mobile application service that uses images to provide art and coloring functionalities to you (“Service”) and your use of it.
1.2 Please read these Terms carefully and make sure that you understand them before using the Service.
1.3 We may amend these Terms from time to time. Any changes we make to these Terms will be posted on this page and, where appropriate, notified to you when we update the Service. Please check back frequently to see any updates or changes made to these Terms.
2. Who we are
We are Ruby Labs Ltd, a company registered in England and Wales with company number 11382334. Our registered office is at 65 Compton Street, London, United Kingdom, EC1V 0BN. You can contact us by email at firstname.lastname@example.org. Our VAT number is GB296182568.
3. Our rights and responsibilities
3.1 We own and operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in services such as the Service, and we will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted.
3.2 We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
3.3 We do not warrant or accept any responsibility for the accuracy or completeness of the content or related information provided on the Service.
3.4 The Service is for entertainment purposes only and the information provided on it should not be relied upon.
4. Your responsibilities generally
4.1 You may use the Service only if you are 13 years or older. To subscribe to the Service you must be 18 years or older and capable of forming a binding contract.
4.2 We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. You may not make any use of or exploit in any way any of our intellectual property rights.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Service on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use.
6. Licence restrictions
6.1 You agree that you will:
6.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from us;
6.1.2 not copy the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security;
6.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Terms;
6.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things; and
6.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
7. Acceptable use of the Service
7.1 You must:
7.1.1 not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system;
7.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
7.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
7.1.4 not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.1.5 not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
8. Our subscription fees
8.1 Details of our subscription options and their associated fees are set out on iTunes or Google Play and in our Service during the sign-up process.
8.2 Any free trial to the Service is offered at our discretion and we may withdraw this offer at any time.
8.3 A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free trial period.
8.4 Weekly subscriptions to the Service automatically renew on the same day each week (the day you subscribed), unless cancelled.
8.5 Monthly subscriptions automatically renew on the same day each month (the day you subscribed), unless cancelled.
8.6 Yearly subscriptions automatically renew on the same date of the year (the date you subscribed), unless cancelled.
8.7 We may immediately suspend or cancel your access to the Service if your subscription is not paid by you or we are unable to collect it from iTunes or Google Play.
9. How to cancel your subscription
9.1 If you would like to cancel your subscription to the Service, you will need to do this through your iTunes or Google Play account settings. Further instructions on how to do this can be found here.
9.2 European Union residents normally have a right to cancel subscription agreements within 14 days of agreeing to them and receive a refund. Please note and acknowledge: if you are resident in the European Union and download our Service from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the Service (for example, the Apple App Store or the Google Play Store).
10. Help desk
11. Apple Application Store Terms also apply
The ways in which you can use the Service may also be controlled by the Apple Application Store terms and conditions and policies and they will apply instead of these Terms where there are differences between the two.
12. Our liability to you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 If our provision of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
13. Your privacy
14. Complaints and alternative dispute resolution
14.1 If you have a complaint, please contact us at email@example.com.
14.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
15. Other important terms
15.1 These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
15.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms.
15.3 These Terms are the terms of a contract whereby we provide you with access to our Service in return for a fee. Nothing in these Terms will create any relationship of partnership, agency or employment between us.
15.4 No waiver of any of these Terms will be valid unless we agree it in writing.
15.5 These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.