Terms and Conditions

Last Updated: May 13, 2025

Introduction

Welcome to Colr. Theory. These Terms and Conditions ("Terms") govern your access to and use of the website www.colrtheory.com (the "Site") and the services offered by Colr. Theory, LLC ("Colr Theory," "we," "us," or "our"), including but not limited to website design, digital marketing, AI automation, and related services (collectively, the "Services").Please read these Terms carefully before accessing or using our Site or Services. By accessing or using any part of the Site or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services.

1. Use of Site and Services

1.1 Eligibility

You must be at least 18 years of age to use the Site or Services. By using the Site or Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

1.2 Account Creation

Some features of our Site or Services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Using the Site or Services for any illegal purpose or in violation of any lawsAttempting to interfere with, compromise the security of, or disrupt the Site or ServicesCircumventing, disabling, or otherwise interfering with security-related featuresEngaging in unauthorized framing, linking, or mirroring of the SiteAttempting to reverse engineer any portion of the Site or ServicesUploading or transmitting viruses, malware, or other malicious codeCollecting or harvesting user data without permissionUsing the Site or Services to send unauthorized commercial communicationsImpersonating another person or entityInterfering with other users' enjoyment of the Site or Services

2. Intellectual Property

2.1 Our Intellectual Property

The Site and Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof, are the property of Colr Theory or our suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws.

2.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal or internal business purposes. This license does not include any resale or commercial use of the Site or Services or any collection and use of product listings, descriptions, or prices; any derivative use of the Site or Services; or any use of data mining, robots, or similar data gathering and extraction tools.

2.3 Your Content

When you submit, upload, transmit, or display any content through our Site or Services ("Your Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute Your Content in connection with providing and promoting our Services. You represent and warrant that you have all rights necessary to grant us these rights and that Your Content does not violate any third-party rights or applicable laws.

3. Services and Payments

3.1 Service Descriptions

We strive to accurately describe our Services on the Site. However, we do not warrant that Service descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

3.2 Fees and Payment

Fees for our Services are as specified on the Site or in a separate written agreement between you and Colr Theory. You agree to pay all fees and charges associated with your use of our Services in accordance with the billing terms in effect at the time a fee or charge is due and payable.

3.3 Subscription Services

Some of our Services may be offered on a subscription basis. For subscription Services, you agree to the recurring payment terms specified at the time of purchase. You may cancel your subscription according to the cancellation terms provided for the specific Service.

3.4 Refunds

Our refund policy is as specified on the Site or in a separate written agreement between you and Colr Theory. Unless otherwise stated, all fees are non-refundable.

4. Third-Party Services and Links

4.1 Third-Party Services

The Site may integrate with or link to third-party services, applications, or websites ("Third-Party Services"). We do not control Third-Party Services, and we are not responsible for their content, privacy policies, or practices. Your use of Third-Party Services is subject to their respective terms and conditions and privacy policies.

4.2 AI and Automation Features

Our AI and automation features, including but not limited to Inbox Labeling, Automatic Invoice Follow-Up System, Missed Call Textback, Database Reactivation, and Custom Automation Solutions, may rely on third-party technologies or services. Your use of these features is subject to these Terms as well as any additional terms specific to those features.

5. Disclaimers and Limitations of Liability

5.1 Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.COLR THEORY DOES NOT WARRANT THAT (1) THE SITE OR SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (3) THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLR THEORY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (3) ANY CONTENT OBTAINED FROM THE SITE; AND (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

6. Indemnification

You agree to defend, indemnify, and hold harmless Colr Theory, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with (1) your access to or use of the Site or Services; (2) your violation of these Terms; (3) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (4) any claim that Your Content caused damage to a third party.

7. Termination

7.1 Termination by You

You may terminate your account and/or stop using the Services at any time. If you wish to terminate your account, please contact us using the information provided in the "Contact Us" section below.

7.2 Termination by Us

We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site and Services will immediately cease.

7.3 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a revised "Last Updated" date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

9. General Provisions

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Site or Services shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York, New York, and the arbitration proceedings shall be conducted in English.

9.3 Waiver and Severability

The failure of Colr Theory to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

9.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Colr Theory regarding our Site and Services and supersede all prior and contemporaneous agreements, representations, and understandings.

9.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

9.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, or government action.

10. Contact Us

If you have any questions about these Terms, please contact us at:Colr. Theory, LLC

Email: [email protected]