These Terms of Service (the "Terms") are an agreement between you and Color Technologies, Inc. ("Color," "we," "us"), and govern your use of the Color application, the withcolor.com websites, and the related services we provide (together, the "Service"). Color is a voice-first AI assistant: an animated character you talk to, which can converse with you, look things up on the web, read and act on accounts you choose to connect, and remember context to be more useful over time.
1. Agreeing to these Terms
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which describes how we collect and use information. If you do not agree, do not use the Service.
If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes it.
These Terms contain an arbitration agreement and a class-action waiver (Section 21). They affect how disputes between you and Color are resolved. You may opt out of arbitration within 30 days, as described there.
2. Who may use Color
You may use the Service only if all of the following are true:
- You are at least 18 years old. The Service is built for adults and is not directed to children or teenagers. We do not knowingly permit anyone under 18 to use it, and we will close accounts we believe belong to minors.
- You are not barred from using the Service under applicable law, including U.S. export control and sanctions laws.
- The Service is currently offered only to users located in the United States.
You may create and use only one account, and only for yourself.
3. Alpha status of the Service
The Service is an early-access alpha. That has real consequences, and by using it you accept them:
- Features may change, break, or be removed at any time, with or without notice.
- We may reset, migrate, or delete data — including conversation history, memories, notes, and personalization — as part of developing the Service.
- We make no commitment to uptime, support, continued availability, or migration of your data to any future version of the Service.
- We may limit, throttle, or suspend access at our discretion, including to manage capacity during the alpha.
If you need dependable storage for something Color helped you create — a note, a plan, an email draft — keep your own copy outside the Service.
4. Your account
You sign in with a supported identity provider (currently Google, with account management provided by our authentication vendor). You are responsible for:
- maintaining the security of the identity provider account you use to sign in;
- everything that happens under your Color account; and
- telling us promptly at hi@withcolor.com if you believe your account has been compromised.
Information you provide in connection with your account must be accurate. We may reclaim, suspend, or close accounts that violate these Terms.
5. Connected accounts and permissions
Much of what makes Color useful comes from accounts you choose to connect — currently Google (Gmail and Google Calendar) and Slack (together, "Connected Accounts"). Connecting an account is always your choice.
5.1 What you authorize
When you connect an account, you authorize Color to access it with the permissions shown in the provider's consent screen, and to use that access to operate the Service for you. Depending on the account, this includes:
- Gmail: reading your messages, and — where a feature calls for it and subject to Section 6 — modifying mail data, such as creating drafts or (when enabled) sending replies you have approved;
- Google Calendar: reading your calendars and creating, rescheduling, and canceling events;
- Slack: reading messages, threads, and workspace directory information available to your Slack account.
Color processes content from Connected Accounts to answer your questions, prepare briefings and reminders, and personalize the Service as described in Section 7 and the Privacy Policy.
5.2 Your responsibilities for Connected Accounts
- You represent that you have the right to connect each account and to let us process its contents. If you connect a work account — an employer-provided Gmail or a company Slack workspace — you are responsible for making sure your employer's policies and any agreements you are under permit it.
- Content in your accounts inevitably includes information about other people — the colleagues, friends, and contacts you correspond with. You are responsible for having the right to share that content with us, and for any notices to or permissions from those people that the law of your jurisdiction requires.
- Your use of each connected provider remains governed by that provider's own terms, and we are not responsible for the providers' services.
5.3 Disconnecting
You can disconnect a Connected Account at any time in the Service or through the provider's own security settings (for Google, your Google Account's third-party access page). Disconnecting stops future access; it does not by itself delete content we already processed, which is handled as described in Section 17 and the Privacy Policy.
6. Actions Color takes for you
Color is an assistant that can act, not just answer. When you ask it to do something within its capabilities — set a reminder, put an event on your calendar, email you a copy of a conversation — you are instructing us to take that action on your behalf, and you authorize the result.
- Actions that execute directly. Some actions run as soon as you ask, without a separate confirmation step — for example, creating, rescheduling, or canceling calendar events, and setting or changing reminders. Ask carefully, and check the result when the action matters.
- Actions that require your approval. Some actions — such as sending an email from your account to someone else — are staged for your explicit approval before anything is sent. When you approve a draft, you are responsible for its contents as if you had written and sent it yourself.
- Mistakes are possible. Color interprets natural speech, and interpretation can be wrong: a mis-heard date, the wrong contact, an event on the wrong calendar. You are responsible for reviewing actions taken on your instruction, and Section 19 limits our liability for the consequences of actions you asked for.
We may add, gate, or remove action capabilities at any time, and may require confirmation steps for any action at our discretion.
7. Voice, conversations, and personalization
7.1 Voice input
Color is voice-first. When you speak to it, you consent to the capture and processing of your voice to operate the Service, including real-time transcription. Conversation transcripts are retained and used as described in the Privacy Policy.
Other people in the room. The microphone can pick up anyone near you. Do not use voice features in circumstances where recording or transcribing another person's speech without their consent would violate applicable law (some jurisdictions require everyone's consent), and obtain any consent that is required. You are responsible for how and where you choose to talk to Color.
7.2 Memory and personalization
Color remembers. To be a useful assistant, the Service maintains memory of your conversations and — if you connect accounts — signals from your Connected Accounts, and uses AI to organize that into a profile of you: your preferences, routines, relationships, work, and other context that helps Color act on your behalf. This can include characteristics you would consider sensitive if you discuss them or they appear in your connected content.
The Privacy Policy describes this in detail, including what is inferred, where you can see it, and how to correct or delete it. You can view what Color understands about you in the Service's "About you" view, and you can ask us to delete your data as described in Section 17.
7.3 Emails from the Service
By using the Service you consent to receive service emails from us at your account address — reminder deliveries you scheduled, conversation copies you requested, and notices about your account or these Terms. These are part of how the Service works; marketing email, if we ever send it, will be separately consented and unsubscribable.
8. AI outputs and their limits
Color's responses — spoken and written — are generated by artificial intelligence ("Outputs"). You should understand their limits:
- Outputs can be wrong. They may be inaccurate, incomplete, outdated, or misleadingly confident, including summaries of your own email, calendar, and messages, and information retrieved from the web. Verify anything you intend to rely on.
- Outputs are not our statements. They are generated in response to your inputs and context, and do not represent the views of Color Technologies, Inc.
- Outputs are not unique to you. Similar prompts can produce similar outputs for other users, and you acquire no rights in any resemblance.
- Color is software. It is designed to be personable and conversational, and to be honest about being an AI. It is not a person, does not have feelings, and no statement it makes creates any commitment, contract, or authorization by Color Technologies, Inc. beyond what these Terms provide.
As between you and us, and subject to Section 10 and your compliance with these Terms, we assign to you our rights, if any, in Outputs generated for you. We make no promise that Outputs are free of third-party claims.
9. Not professional advice; crisis resources
Color can talk with you about nearly anything, including health, money, relationships, and work. It is a general-purpose assistant, not a professional:
- Outputs are not medical, mental-health, legal, financial, tax, or other professional advice, and no professional–client relationship is created by using the Service.
- Do not use the Service as a substitute for advice from a qualified professional, and do not delay seeking professional help because of something Color said.
- The Service is not designed for crisis situations and is not monitored by humans. It cannot call for help.
If you are in crisis or thinking about harming yourself or others, stop using the Service and get help from people equipped to provide it: call or text 988 (Suicide & Crisis Lifeline, U.S.), call 911 or your local emergency number, or go to the nearest emergency room.
10. Your content
10.1 What you give us
"Your Content" means what you provide to the Service: your voice and the things you say, notes, to-dos, documents and boards you create in the workspace, customizations you make to your assistant, and content from your Connected Accounts. You retain your rights in Your Content.
10.2 The license you grant us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, modify (for example, transcribing or summarizing), and display Your Content — sublicensable to the service providers who help us run the Service — solely to operate, provide, secure, and improve the Service and as otherwise described in the Privacy Policy. This license lasts as long as we retain Your Content under Section 17 and the Privacy Policy.
You represent that you have the rights necessary to grant this license, and that Your Content does not violate the law or these Terms.
10.3 Content you choose to publish
If the Service offers publishing or sharing features and you use them to make content public, you additionally grant us the right to display that content publicly at the address you published it to, for as long as you keep it published, and you grant viewers the right to view it. You can unpublish at any time. Do not publish content you lack rights to share or that identifies others without their consent.
10.4 Feedback
The alpha exists to gather feedback. If you send us ideas, suggestions, or bug reports, we may use them without restriction or obligation to you.
11. Copyright complaints
We respect intellectual property and expect you to as well. If you believe content available through the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent: Copyright Agent, Color Technologies, Inc., 300 Grant Ave, San Francisco, CA 94108, or hi@withcolor.com, including the information required by 17 U.S.C. § 512(c)(3). We will respond to valid notices, and we may terminate the accounts of repeat infringers.
12. Acceptable use
Do not misuse the Service. In particular, you agree not to:
- use the Service for anything unlawful, or to harm, harass, defraud, stalk, or deceive anyone;
- use the Service to violate others' privacy, including surveilling people, or recording or processing another person's communications without any legally required consent;
- connect accounts you are not authorized to connect, or use the Service to access data you have no right to access;
- upload or transmit malware, or probe, scan, or test the vulnerability of the Service other than under a disclosure process we have authorized in writing;
- attempt to extract the Service's underlying prompts, models, or weights; reverse engineer the Service except where the law grants that right notwithstanding this term; or use the Service or Outputs to develop a competing product or to train a competing AI model;
- access the Service by any automated means other than interfaces we provide, scrape the Service, or circumvent rate limits or other access controls;
- resell, rent, or provide the Service to third parties, or share your account;
- misrepresent Outputs as human-authored where that matters, or use Outputs to spam, mislead, or manipulate others.
We may investigate suspected violations and take any action we reasonably consider appropriate, including removing content, suspending or terminating accounts, and involving law enforcement.
13. Fees
The alpha is currently free. We expect to charge for the Service in the future. If we introduce fees, we will tell you in advance, no charge will apply retroactively, and continued use after a fee takes effect will require your agreement to the applicable pricing terms. We may also introduce usage limits for free access.
14. Intellectual property
The Service — including its software, models, character and animation designs, visual design, prompts, and the Color name and branding — is owned by Color Technologies, Inc. and its licensors, and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal use in accordance with these Terms. No other rights are granted, and we reserve all rights not expressly granted.
Customizing your assistant's appearance within the Service does not give you rights in the underlying character, artwork, or software.
15. Third-party services
The Service is built on third-party providers — for example, cloud hosting, authentication, real-time audio transport, speech recognition, AI model providers, integration brokers for Connected Accounts, web search, geolocation, weather data, email delivery, and analytics. We choose these providers to operate the Service and may change them at any time. Except where the Privacy Policy says otherwise, we are not responsible for third-party services we do not control, including the Connected Account providers themselves, and information retrieved from the public web through the Service is not ours and not verified by us.
16. Privacy
Our Privacy Policy explains what we collect, how we use it, how long we keep it, and the choices and rights you have — including how the Service's memory and personalization work and how to delete your data. It is part of your agreement with us, and using the Service means you have read it.
17. Suspension, termination, and deletion
17.1 By you
You may stop using the Service at any time. To close your account and request deletion of your data, contact us at hi@withcolor.com. We will delete the content associated with your account as described in the Privacy Policy, subject to limited exceptions — for example, records we must keep for legal, security, or accounting reasons, and residual copies that persist briefly in backups before cycling out.
17.2 By us
We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, if we discontinue the Service or the alpha program, or where necessary to protect the Service or other users. Where practical, we will give you notice and, for terminations not caused by your violation, a reasonable opportunity to retrieve your content.
17.3 Survival
Sections that by their nature should survive termination do — including 8, 10.4, 11, 14, and 18 through 22.
18. Disclaimers
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT OUTPUTS WILL BE ACCURATE OR RELIABLE; OR THAT DATA WILL NOT BE LOST. THIS IS AN ALPHA PRODUCT, AND SECTION 3 APPLIES TO EVERYTHING IN IT.
Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.
19. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER COLOR NOR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE; AND (C) THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These limits reflect that the Service is an experimental, currently free alpha. They do not limit liability that cannot be limited by law, and some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
20. Indemnification
You will indemnify and hold Color harmless from claims, damages, and expenses (including reasonable attorneys' fees) brought by a third party arising out of: (a) Your Content, including content from your Connected Accounts and any failure to obtain consents required for it; (b) actions the Service took at your instruction or with your approval; (c) your violation of these Terms or of the law; or (d) your violation of a third party's rights. We may assume the defense of any matter subject to indemnification, in which case you will cooperate with us.
21. Arbitration and class-action waiver
21.1 Talk to us first
Before filing a claim, contact us at hi@withcolor.com with a written description of the dispute. Most concerns can be resolved informally. If we have not resolved it within 60 days, either side may proceed as set out below.
21.2 Binding arbitration
You and Color agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in San Francisco, California, or at your election by video or telephone. The Federal Arbitration Act governs this section. The arbitrator decides all issues except that a court decides issues of arbitrability and the enforceability of the class waiver below. Judgment on the award may be entered in any court of competent jurisdiction.
21.3 Exceptions
Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or confidential information, or unauthorized access to the Service.
21.4 Class-action waiver
ALL DISPUTES ARE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR COLOR MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING.
If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) proceeds in court, and the rest of this section remains in effect.
21.5 Opt-out
You may opt out of this arbitration agreement by emailing hi@withcolor.com with the subject "Arbitration Opt-Out," from the email address on your account, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
22. General terms
22.1 Changes to these Terms
We may update these Terms as the Service evolves — and during the alpha, it will evolve. If a change is material, we will notify you (for example, by email to your account address or a notice in the Service) before it takes effect. Continued use of the Service after the effective date constitutes acceptance; if you do not agree, stop using the Service and close your account. Changes do not apply retroactively to disputes that arose before the change.
22.2 Governing law and venue
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. For matters not subject to arbitration, you and Color consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California.
22.3 Everything else
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Color about the Service, and supersede prior agreements on that subject.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, or by operation of law.
- Severability; waiver. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver of it.
- Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
- Export. You may not use the Service in violation of U.S. export control or sanctions laws.
- Notices. We may notify you by email to your account address or through the Service. Legal notices to us go to Color Technologies, Inc., 300 Grant Ave, San Francisco, CA 94108, with a copy to hi@withcolor.com.
Questions about these Terms: hi@withcolor.com.
Color Technologies, Inc. · 300 Grant Ave, San Francisco, CA 94108 · hi@withcolor.com