These general terms of use and of sale (the "Terms") govern access to the MimiColor application (the "Application"), its use and the purchase of the subscriptions offered within the Application.
1. Publisher
The Application is published by Jonathan Darmouni, whose address is 49 rue Saint-Louis, 93250 Villemomble, France (the "Publisher").
Contact: jonathan.darmouni@gmail.com.
2. The service offered
MimiColor allows an adult user to choose or take a photograph, select a style, automatically generate a colouring page, and then save, organise, print or share it.
Some generations may be free of charge. Beyond any free quota, unlimited access requires a subscription offered within the Application.
3. Acceptance and access
Use of the Application implies acceptance of these Terms and of the End User License Agreement. Taking out a subscription implies acceptance of the commercial provisions set out below.
You must have the capacity to enter into a contract. If you are a minor, use and any purchase must be made with the agreement and under the supervision of your legal guardian.
Access requires a compatible device, a supported version of iOS and, for generation and purchases, an internet connection. No MimiColor account is required in the current version of the Application.
4. Rules concerning photographs
You are responsible for the photographs you upload and warrant that:
- you are their author or hold sufficient authorisation;
- you have obtained the necessary consent of identifiable persons and, for a minor, of their legal guardian;
- you will not upload content that is unlawful, harmful, infringing, sexual, hateful, violent or that breaches privacy;
- you will not use the service to impersonate someone, harass a person or create misleading content.
The Publisher may prevent a generation or suspend access where a use presents a security risk, breaches these Terms or where the law so requires.
5. Artificial intelligence and results
The result is generated automatically from the photograph and the parameters chosen. Its quality depends in particular on framing, lighting and subject. A generation may fail or produce an unexpected result.
The Publisher does not warrant that a result will be unique, free of resemblance to other content or capable of protection by an exclusive right. You must check the result before printing it, sharing it or using it with a child. Results must not be used for any medical, legal, educational or safety decision.
6. Free offer
The Publisher may offer a limited number of free generations. The number available is displayed in the Application. Unless stated otherwise, free credits:
- are personal and non-transferable;
- have no monetary value and are non-refundable;
- may be modified or withdrawn for the future, without deleting creations already saved on the device.
An attempt that clearly failed because of a service outage should not be counted where the Application is technically able to identify it.
7. Subscriptions
MimiColor currently offers, subject to their availability on the App Store:
- a weekly subscription;
- an annual subscription.
Each subscription gives access to the features presented as unlimited during its period of validity, subject to reasonable use, technical limits and content rules. The exact prices, including taxes where applicable, the currency, the duration and any promotional offer are those displayed by the App Store at the time of confirmation.
The order is formed when you confirm the purchase with your Apple account and Apple validates the transaction. Payment is collected by Apple, which provides the corresponding receipts.
8. Renewal and cancellation
Subscriptions renew automatically for the same duration, unless cancelled from the Apple account settings at least twenty-four hours before the end of the current period, in accordance with the arrangements indicated by Apple.
You can manage or cancel the subscription in iOS Settings > your name > Subscriptions. Cancellation takes effect at the end of the period already paid for. Deleting the Application or its data does not cancel the subscription.
The "Restore purchases" feature makes it possible to recover the access associated with the Apple account where the transaction is eligible.
9. Right of withdrawal and refunds
For digital content or services supplied immediately, performance may begin before the expiry of the withdrawal period after your express agreement and, where the law so requires, your acknowledgement of the loss of the right of withdrawal. This is collected within the App Store purchase flow.
Requests to cancel or refund a purchase made on the App Store must be addressed to Apple in accordance with its procedures, without prejudice to your statutory rights. Nothing herein limits the mandatory warranties or remedies available to a consumer.
10. Availability and evolution of the service
The Publisher endeavours to provide an accessible and reliable service, but an interruption may be necessary for maintenance, security, technical evolution or because of a third-party provider. Generation may be unavailable in the event of a network outage or overload.
The Publisher may change the styles, the interface, the free quotas and non-essential characteristics. Any substantial change affecting an ongoing subscription will be communicated in accordance with the law.
11. Personal data
Photographs are transmitted to the generation service when you request a colouring page. Creations, saved source photos, albums and preferences are stored locally on the device in accordance with the Application's features. Subscriptions are processed by Apple and may be monitored through RevenueCat.
For details of the processing, recipients, periods and rights, see the Privacy Policy.
12. Intellectual property
The Publisher and its licensors retain all their rights in the Application, its trade mark, its interface, its code and its graphic elements. You retain your rights in the photographs you upload and grant the technical authorisations strictly necessary for the provision of the service.
Subject to third-party rights, providers' terms and the law, you may personally use the colouring pages obtained. You may not extract, reproduce or exploit elements specific to the Application independently of the service.
13. Liability
The Publisher is answerable for the proper performance of its obligations under the conditions provided by law. It cannot be held liable for damage attributable to your fault, to a use contrary to these Terms, to a photograph used without authorisation or to an external event reasonably beyond its control.
The exclusions or limitations provided for here do not apply where they are prohibited by a mandatory rule, in particular regarding consumer protection, personal injury, gross negligence or wilful misconduct.
14. Duration, suspension and end of access
The Terms apply throughout your use of the Application. You may stop using it at any time. The Publisher may suspend a feature or access in the event of a serious or repeated breach, fraud, security risk or legal obligation, after notification where such notification is possible and required.
The end of access does not automatically extinguish obligations that arose beforehand, nor a subscription managed by Apple.
15. Amendments to the Terms
The Publisher may amend these Terms to reflect a legal, technical or commercial change. The new version date will be indicated. Where a substantial change concerns an ongoing service, it will be brought to your attention within a reasonable time and the choices required by law will be offered to you.
16. Complaints, mediation and disputes
For any complaint, first contact jonathan.darmouni@gmail.com describing the problem and, if necessary, the transaction concerned, without sending any password or banking data.
After a prior written complaint has remained unresolved, a consumer may refer the matter free of charge to the consumer ombudsman to which the Publisher belongs: 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.
These Terms are governed by French law, without depriving the consumer of the more protective mandatory provisions of their country of residence. The competent courts are determined by the applicable legal rules; no clause imposes on the consumer a jurisdiction contrary to their rights.
17. Contact details
Jonathan Darmouni
49 rue Saint-Louis, 93250 Villemomble, France
jonathan.darmouni@gmail.com