Terms of Service
Last Updated: January 19, 2025
1. Acceptance of Terms
By purchasing, downloading, installing, or using Coloring Book Engine ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software.
These Terms constitute a legal agreement between you and memengin, S.P., Republic of Korea ("Company", "we", "our", or "us"). By using the Software, you acknowledge that you understand and accept the responsibilities, limitations, and obligations described herein.
You must be at least 18 years old, or have parental/guardian consent, to use the Software.
2. Description of Service
Coloring Book Engine is an AI-Assisted software tool that enables users to create coloring books and related assets, including:
- AI-assisted sketch and illustration creation
- KDP-ready PDF export functionality
- Video generation for marketing purposes
- Asset management and project organization
Features may change over time as we improve the Software.
3. License Grant
3.1 Software License
Upon purchase and activation, we grant you a non-exclusive, non-transferable license to install and use the Software in accordance with the license type you purchased (for example, personal or organization license).
3.2 Commercial Use Rights for Outputs
You own the rights to the content (such as images, PDFs, and videos) that you create using the Software, subject to the terms of any third-party AI or other services you choose to use with the Software (including any "bring your own key" / BYOK integrations).
We do not claim ownership of your created content. However, it is your responsibility to ensure that:
- Your use of the outputs complies with the terms of platforms where you publish (e.g., Amazon KDP, Etsy), and
- Your use of third-party AI services complies with those providers' terms and policies.
3.3 License Restrictions
You may NOT:
- Reverse engineer, decompile, or disassemble the Software, except where permitted by applicable law
- Resell, redistribute, rent, lease, or sublicense the Software itself
- Share your license key or account credentials with others
- Remove or modify any proprietary notices, labels, or marks on the Software
- Use the Software to create illegal, harmful, or clearly infringing content
3.4 Single User License
Unless otherwise specified (for example, in a separate organization or team plan), each license is intended for a single user. If multiple people in your organization need access, you must purchase additional licenses or an appropriate team/organization plan.
4. Payment, Licenses, and Subscriptions
4.1 Payment Processing
All payments are processed securely through authorized third-party payment processors or Merchant of Record (MoR) providers. These providers handle billing, tax compliance, and payment processing on our behalf. By purchasing the Software, you also agree to the applicable terms and policies of these payment processors.
Payment processors do not form part of this Agreement. We may change payment processors at any time without affecting your license or these Terms.
4.2 License Types
We may offer one-time licenses, time-limited licenses, and/or subscription plans. The specific type of license and its duration will be shown at the time of purchase.
- One-time / lifetime licenses: provide ongoing access to the current major version of the Software, subject to these Terms.
- Subscriptions (if offered): renew automatically unless canceled before the renewal date, and provide access for the duration of the subscription period.
4.3 Price Changes
We may modify pricing in the future. Price changes will not affect an existing license you have already purchased, and will apply only to new purchases or renewals. If we change subscription pricing, we will provide reasonable notice before the new price takes effect for your next billing period.
4.4 Cancellation
If you purchase a subscription (if available), you may cancel it at any time via the customer portal provided by our payment processor or by contacting support. You will retain access until the end of your current billing period. No refunds are provided for partial periods unless specified in our Refund Policy or required by applicable law.
5. Acceptable Use Policy
When using the Software, you agree to:
- Comply with all applicable laws and regulations
- Not create content that clearly infringes third-party copyrights, trademarks, or other intellectual property rights
- Not generate content that is unlawful, abusive, or intended to cause harm
- Follow Amazon KDP's and other platforms' content guidelines when publishing your work
- Not attempt to hack, disrupt, or abuse the Software or its infrastructure
You are solely responsible for how you use the Software and for any content you create or publish with it.
6. Intellectual Property
6.1 Software Ownership
The Software, including its code, design, logos, and branding, is owned by memengin, S.P. and/or its licensors, and is protected by copyright and other intellectual property laws. No ownership of the Software is transferred to you.
6.2 User-Generated Content
You own all rights to the coloring books and images you create using the Software, subject to any applicable third-party terms (for example, AI providers or stock assets you use). We do not claim ownership over your created content.
6.3 AI Models and Third-Party Services
The Software may integrate or interoperate with third-party AI models and services under their respective licenses. These services may be:
- Included as part of the Software, and/or
- Used through your own API keys ("BYOK").
When you use your own API keys or external services, you are solely responsible for any costs, rate limits, and terms of use imposed by those providers. We are not responsible for changes to those services, their pricing, or their policies.
7. Account and License Termination
7.1 Termination by You
You may stop using the Software at any time. If you wish to cancel a subscription (if applicable), you must do so before the renewal date as described above.
7.2 Termination or Suspension by Us
We may suspend or terminate your license or access to the Software if you:
- Violate these Terms
- Engage in fraudulent, abusive, or illegal activity
- Fail to pay any applicable fees
- Use the Software in a way that harms our service, infrastructure, or other users
7.3 Effect of Termination
Upon termination, your license to use the Software ends immediately. You retain ownership of content created prior to termination, but you may no longer be able to access the Software or receive updates.
8. Service Availability
The Software is provided "AS-IS" and we do not guarantee uninterrupted availability. We will make reasonable efforts to:
- Maintain service availability
- Provide advance notice for planned maintenance, where practical
- Address technical issues and outages in a reasonable timeframe
We are not liable for downtime, data loss, or issues caused by third-party services (such as AI APIs, hosting providers, or payment processors).
9. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS-IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that:
- AI-generated content will meet your expectations or be free of errors
- Your coloring books will be accepted by Amazon KDP or any other platform
- The Software will be completely free of bugs or interruptions
- You will achieve any specific results or financial outcomes
10. Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
- Lost profits, revenue, or business opportunities
- Loss or corruption of data
- Indirect, incidental, special, or consequential damages
- Third-party claims arising from your use of the Software or your content
Our total liability for any claim related to the Software is limited to the amount you paid for the Software in the 12 months preceding the claim, or, for free users, the equivalent of USD $0.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from:
- Your use of the Software
- Content you create, publish, or distribute
- Your violation of these Terms
- Your infringement of any third-party rights
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the Republic of Korea, without regard to its conflict of law principles.
12.2 Informal Resolution
Before taking formal legal action, please contact us at [email protected] so we can try to resolve the issue informally. Many issues can be resolved quickly this way.
13. Changes to Terms
We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, via email, our website, or within the Software).
Your continued use of the Software after the updated Terms take effect constitutes acceptance of the changes.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, form the entire agreement between you and memengin, S.P. regarding the Software.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
15. Contact Us
If you have questions about these Terms, please contact:
Email: [email protected]
Support: [email protected]