Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Wada Sanzo Colors website and digital color palette collections ("Service"). By purchasing, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy.

2. Definitions

• User, you, and your refer to the individual or entity purchasing access to the Service.
• Purchase refers to a one-time purchase transaction granting perpetual access to the color palette collections.
• Content refers to the color palette data, color codes (RGB, HEX, LAB), and related digital materials.
• Intellectual Property Rights means all copyright, trademark, and other intellectual property rights.
• Free Tier refers to the basic account tier with limited or no access to premium features.
• Pro Tier refers to the paid account tier granting full access to all color palette collections.
• Account Status refers to your account's tier classification (Free or Pro) stored in our database.

3. Acceptance of Terms

By purchasing or using our Service, you agree to be bound by these Terms and our Privacy Policy, incorporated by reference. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting on our website or via email. Your continued use after changes constitutes acceptance of revised Terms.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater.

6. One-Time Purchase and Payment

Payment Processing:

• Payments are processed securely through Stripe, which serves as our payment processor
• You will receive a receipt and account access via email after successful payment
• All sales are final and non-refundable except as required by applicable law (see section on Right of Withdrawal)
• Your purchase is a one-time charge only that grants perpetual Pro Tier access
• Your account status will be updated to "Pro" upon successful payment completion

Right of Withdrawal:

This product is a digital good. In accordance with EU Directive 2011/83/EU Article 16, the 14-day withdrawal right does not apply to digital content once you have completed your purchase and received access to the color palette collections. You acknowledge this before purchase through explicit consent at checkout. All sales are final and non-refundable.

Account Status:

Your account status (Free or Pro) is stored in our database and determines which features and color palette collections you can access. Upon purchase, your status is updated to Pro. If your account is terminated or you request account deletion, your Free/Pro status will be removed along with other account data within 30 days, except where retention is required by law.

7. License Grant

Upon purchase, we grant you a limited, non-exclusive, non-transferable, perpetual license to:

• Access and download the color palette collections
• Use the color palettes for personal projects (design, reference, artwork)
• Use the color palettes for professional work (web design, branding, UI/UX, interior design)
• Use the color palettes in commercial projects you create

You may not:

• Resell, redistribute, or share the color palettes with others
• Share your account login credentials with anyone
• Claim the palettes as your own original work
• Create competing color palette products or services using this data
• Reverse-engineer or extract the color data for redistribution
• Use automated tools to scrape or download the content
• Reproduce, duplicate, or copy the compiled dataset for any purpose other than personal use

8. Source and Intellectual Property

The color palettes are derived from Haishoku Soukan, Haishoku Soukan B-hen, Gohyaku-sen Shinsaku Zuanshu and related works by Wada Sanzo, published in 1933 - 1937. These original publications entered the public domain in Japan on December 31, 2017 (50 years after the author's death in 1967) and are in the public domain in the United States. The source materials are digitized by the National Diet Library (and other libraries) and released as public domain on Wikimedia Commons.

Our Role:

We have digitized and converted the color data into modern digital formats (RGB, HEX, LAB codes) and organized it into searchable, accessible collections. While the underlying historical color information is public domain, our specific digital compilation, conversion process, and platform organization are protected as our original work.

Your Understanding:

You acknowledge that:

• The underlying color palettes are public domain historical content
• Your purchase grants a license to use our specific digital compilation and conversion
• You do not own or have rights to republish the compiled dataset
• Attribution to Wada Sanzo and the National Diet Library is appreciated when sharing references to the collections

9. User Accounts

You must create an account to access our Service. You are responsible for:

• Providing accurate information during authentication
• Maintaining your login credentials confidentiality
• All activities under your account
• Notifying us of unauthorized access

Your account is authenticated through Google or Apple OAuth. We store your name, email, and account status (Free or Pro Tier) in our MongoDB database. You can delete your account at any time by contacting support@wada-sanzo-colors.com. Upon account deletion, your personal data will be removed within 30 days, except for payment transaction records which are retained for 7 years in anonymized form as required by law.

We reserve the right to suspend or terminate your account if you violate these Terms.

10. Payment Information and Stripe

Payment Processing:

Your payment information is processed securely by Stripe. We do not store your full credit card details or sensitive payment method information on our servers. Stripe complies with PCI Data Security Standards (PCI DSS Level 1).

Data Stored:

We store only your account status and transaction date in our systems. Stripe retains and processes actual payment method details according to Stripe's privacy policy and PCI DSS requirements.

For Stripe Information:

For details on how Stripe handles your payment data, see our Privacy Policy and Stripe's Privacy Policy.

11. Data Privacy and GDPR

We process your personal data in accordance with GDPR. See our Privacy Policy for details on:

• What data we collect (name, email, account status, payment transaction information)
• How we use your data (order fulfillment, account access, authentication, communication)
• Your rights under GDPR (access, correction, deletion, data portability, objection)
• Data retention and security measures
• Information on our data processors (Google, Apple, Stripe, MongoDB)

Data Storage:

Your personal data is stored in our MongoDB database. Our systems maintain appropriate technical and organizational security measures to protect your data from unauthorized access, alteration, disclosure, or destruction.

Data Localization:

Our data storage infrastructure is located in the European Union to ensure compliance with GDPR data localization principles.

To exercise your data rights or for GDPR-related inquiries, contact: support@wada-sanzo-colors.com

Please include "GDPR Request" in the subject line and allow 30 days for processing.

12. Prohibited Conduct

You agree not to:

• Use the Service for illegal purposes
• Share your account credentials or purchased content with others
• Resell, redistribute, or exploit the color palettes commercially
• Attempt to breach security measures or reverse-engineer the platform
• Use automated tools to scrape data
• Infringe on intellectual property or create competing services using this data
• Transmit malware or disrupt the Service

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, secure, or meet your specific requirements.

14. Limitation of Liability

To the maximum extent permitted by law, our liability for any claim arising from your use of the Service shall not exceed the amount you paid for your purchase. We are not liable for indirect, incidental, special, or consequential damages.

15. Third-Party Links

Our Service may contain links to external websites. We are not responsible for the content or practices of third-party sites.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the European Union and your country of residence, whichever provides greater consumer protection. Disputes will be resolved through:

1. Informal negotiation (30 days)
2. Your country's courts or the European Commission's Online Dispute Resolution platform if unresolved

17. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement regarding your use of the Service.

18. Termination

We reserve the right to suspend or terminate your account if you violate these Terms. Upon termination, your license ceases, though you retain any files already downloaded.

Data Upon Termination:

Upon account termination or deletion, we will delete your personal data (name, email, favorite colors, account status) within 30 days. Payment transaction records necessary for legal and tax compliance are retained for 7 years in anonymized form. You can request accelerated deletion by contacting support@wada-sanzo-colors.com.

19. Contact Information

For questions about these Terms or to exercise your rights: support@wada-sanzo-colors.com

For complaints related to data protection, you can contact your local Data Protection Authority or the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/odr/