This end user license agreement (the "Agreement") governs the use of the MimiColor mobile application (the "Application"), published by Jonathan Darmouni, whose address is 49 rue Saint-Louis, 93250 Villemomble, France (the "Publisher").
Contact: jonathan.darmouni@gmail.com.
By downloading or using the Application, you accept this Agreement. If you do not accept it, do not use the Application.
1. Scope of the licence
Subject to your compliance with this Agreement, the Publisher grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable licence to install and use the Application on any Apple device that you own or control, in accordance with the App Store Usage Rules and, where applicable, Family Sharing or volume purchasing authorised by Apple.
The Application allows you in particular to turn a photograph of your choice into a colouring page by means of an artificial intelligence service, and then to keep, print or share the result.
2. Conditions of use
You undertake to:
- use the Application in accordance with applicable laws, this Agreement and the App Store rules;
- hold the rights, authorisations and consents required for every photograph you upload, in particular where it depicts a third party or a minor;
- not upload any content that is unlawful, infringing on the rights of others, sexual, violent, hateful, misleading or intended to circumvent security measures;
- not attempt to extract the source code, decompile, disassemble, modify, circumvent protection measures or exploit the Application otherwise than within the limits permitted by law;
- not use the Application or its results to train an automated system, provide a competing service or carry out fraudulent activity.
The Application is intended to be used by an adult. Where it is used to create a colouring page for a child, the choice and the sending of the photograph must remain the responsibility of a parent or legal guardian.
3. Photographs and user content
You retain your rights in the photographs you upload. You grant the Publisher, for the sole duration necessary to provide the service, a limited authorisation to process and transmit those photographs to the technical providers required to generate the colouring page.
You warrant that uploading and processing the photographs infringes neither the privacy, nor the image rights, nor the intellectual property rights of any third party. You are solely responsible for the content you choose to upload, save, print or share.
The data processing arrangements are detailed in the Privacy Policy.
4. Generated results
Colouring pages are produced automatically by an artificial intelligence model. They may be inaccurate, incomplete, unexpected or similar to other results. The Publisher does not warrant their originality, their fitness for any particular purpose, or the possibility of protecting them by an intellectual property right.
Subject to third-party rights, the terms of the technical providers and applicable law, you may use for personal purposes the colouring pages generated from your photographs. Any commercial use must be preceded by a verification of the applicable rights.
5. Intellectual property in the Application
The Application, its interface, graphics, trade marks, texts, software and associated elements remain the exclusive property of the Publisher or its licensors. No right is transferred to you beyond the limited licence provided for in this Agreement.
6. Subscriptions and in-app purchases
Certain features may require a paid subscription taken out through the App Store. Prices, the billing period and any promotional terms are displayed before purchase.
The subscription is charged to your Apple account and renews automatically for an identical period, unless cancelled in your Apple account settings at least twenty-four hours before the end of the current period, in accordance with the conditions displayed by Apple. Management, cancellation, refund and restoration of purchases are handled in accordance with the App Store rules and applicable law.
Deleting the Application does not cancel a subscription. Additional commercial provisions are set out in the Terms of Use and Sale.
7. Third-party services and internet connection
Generating a colouring page and verifying a subscription require an internet connection and rely on third-party services, in particular Apple, fal.ai and, where configured, RevenueCat. Their availability may affect how the Application works.
The Publisher may replace a provider with a service offering an equivalent function, subject to updating the relevant information and complying with applicable regulations.
8. Maintenance and support
The Publisher, and not Apple, is responsible for the maintenance and support of the Application to the extent required by law. For any request: jonathan.darmouni@gmail.com.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Application.
9. Warranties and liability
The Application is provided with the level of care reasonably expected of a digital service. To the extent permitted by law, the Publisher does not warrant that the service will be uninterrupted, error-free, or that every photograph will produce a satisfactory result.
Nothing in this Agreement limits statutory warranties, mandatory consumer rights, or liability that cannot be excluded by law. Subject to the foregoing, the Publisher is not liable for damage resulting from non-compliant use, content uploaded without authorisation, a failure attributable to a third-party service, or a loss avoidable through the device's normal backup functions.
If the Application fails to conform to any applicable warranty, you may notify Apple. Apple may refund the purchase price of the Application, if any, in accordance with its rules. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Application.
10. Claims and third-party rights
The Publisher, and not Apple, is responsible for addressing any claims relating to the Application, including those concerning product liability, legal or regulatory compliance and consumer protection.
In the event of an allegation that the Application infringes a third party's intellectual property rights, the Publisher, and not Apple, will be responsible for the investigation, defence and settlement of that claim to the extent provided by law.
11. Compliance with export rules
You represent that you are not located in a country subject to a United States embargo or designated by the United States authorities as supporting terrorism, and that you are not listed on any United States list of prohibited or restricted parties.
12. Suspension and termination
The Agreement remains in force until terminated. You may end it by deleting the Application, which does not automatically cancel an active subscription.
The Publisher may suspend or terminate your right of use in the event of a serious or repeated breach of this Agreement, a security risk or a legal obligation. On termination of the Agreement, you must stop using the Application.
13. Amendments to the Agreement
The Publisher may amend this Agreement to reflect changes to the service, to the law or to its providers. Any substantial change will be brought to your attention by appropriate means before it takes effect where the law so requires.
14. Governing law and disputes
This Agreement is governed by French law, without depriving a consumer of the mandatory protections of the country in which they reside.
In the event of a dispute, you are invited to contact the Publisher first at jonathan.darmouni@gmail.com. If you are a consumer, you may then refer the matter free of charge to the competent consumer ombudsman: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, HELLODOM, 49 rue de Ponthieu, 75008 Paris, France, www.cm2c.net, secretariat@cm2c.net. You retain the right to bring proceedings before the competent courts in accordance with the applicable rules.
15. Apple as third-party beneficiary
Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right to enforce against you the provisions of this Agreement that concern it.
16. Publisher's contact details
Jonathan Darmouni
49 rue Saint-Louis, 93250 Villemomble, France
jonathan.darmouni@gmail.com