TERMS AND CONDITIONS

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to Coloring Me Happy LLC (“Coloring Me Happy,” “Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at www.coloringmehappy.com (the “Site”), our dashboard application at dashboard.coloringmehappy.com, and all associated services, features, content, and AI-powered image generation tools (collectively, the “Services”).

Our Services allow you to upload personal photographs and other images, which are transformed into sketch-style coloring pages using artificial intelligence. These coloring pages can then be compiled into custom coloring books and calendars, which you may download for home printing or order as printed products that we ship to you.

By accessing, browsing, creating an account on, or using our Site or Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Site and Services.

We reserve the right to modify, update, or revise these Terms at any time, in our sole discretion. Material changes will be communicated by posting the revised Terms on the Site with an updated “Effective Date” and, where practicable, by email notification to registered Users. Your continued use of the Services after such posting constitutes your acceptance of the modified Terms.

2. DEFINITIONS

  • “User,” “you,” or “your” refers to any individual who creates an Account and accesses or uses the Site or Services.
  • “Account” means the registered account you create on the Site, which is required in order to upload images and use the Services.
  • “Input” or “User Content” means any photographs, images, graphics, or other materials you upload or submit through the Services for AI processing.
  • “Output” or “Generated Content” means the AI-generated sketch-style coloring pages produced by our Services from your Input.
  • “Products” means the physical coloring books, calendars, or other printed products incorporating Generated Content that are manufactured and shipped by us or available for digital download and home printing.
  • “Package” means the subscription tier selected by you (Silver, Gold, or Platinum), each of which permits a different number of image uploads and includes associated features such as cover photo customization.
  • “AI Tools” refers to Google’s Gemini generative AI technology, which we use as our third-party AI provider to transform your uploaded images into sketch-style coloring pages.
  • “Biometric Data” means data derived from the automated processing of facial features or other biological characteristics contained in User Content, as further described in our Privacy Policy.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to create an Account and use our Services. By using the Services, you represent and warrant that you meet this eligibility requirement. We do not knowingly collect personal information from individuals under the age of thirteen (13), in compliance with the Children’s Online Privacy Protection Act (“COPPA”), as amended in 2025. If we discover that a minor under 13 has provided personal information without verifiable parental consent, we will promptly delete such information.

3.2 Account Creation

You must create an Account in order to upload images and use the AI image generation features of our Services. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account credentials and for all activities that occur under your Account. You agree to notify us immediately at [support email] of any unauthorized use of your Account.

3.3 Account Termination

We reserve the right to suspend or terminate your Account at any time, with or without cause and with or without notice, including but not limited to instances where we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. We will retain or delete your Account data (including stored images) in accordance with our Privacy Policy and applicable data retention obligations.

4. DESCRIPTION OF SERVICES

4.1 Core Services

  • AI-powered conversion of uploaded photographs into sketch-style coloring page illustrations using Google Gemini technology
  • Selection of service Packages (Silver: up to 20 images; Gold: up to 35 images; Platinum: up to 50 images)
  • Cover photo customization for coloring books and calendars
  • Digital download option allowing you to print coloring pages and products at home
  • Physical product manufacturing and global shipping of printed coloring books and calendars
  • Account management, order tracking, and customer support features

4.2 Third-Party AI Provider

Our AI image generation functionality is powered by Google’s Gemini API. By using our Services, you acknowledge that your uploaded images are transmitted to and processed by Google’s Gemini API in order to generate the sketch-style coloring page Output. Google’s processing of this data is subject to the Gemini API Additional Terms of Service and Google’s Privacy Policy. We use the paid tier of the Gemini API, under which Google does not use your prompts or images to train its AI models. However, Google may log prompts and responses for a limited period (up to fifty-five days) solely for detecting violations of Google’s Prohibited Use Policy.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the Package offerings, pricing, features, or the underlying AI technology provider, without prior notice or liability.

5. USER CONTENT AND IMAGE UPLOADS

5.1 Ownership of User Content

You retain all ownership rights in and to your original Input (i.e., the photographs and images you upload). By uploading User Content to the Services, you do not transfer ownership of such content to us.

5.2 License Grant to Coloring Me Happy

  • To process your images through Google’s Gemini AI to generate sketch-style coloring page Output
  • To compile Generated Content into coloring books and calendars as ordered by you
  • To manufacture, produce, and fulfill Product orders incorporating the Generated Content
  • To store your images on our servers for the purpose of enabling you to access and manage your content through your Account
  • To provide customer support related to your orders and content
  • To comply with legal obligations, enforce these Terms, and protect our rights

We do not use your uploaded images for any purpose beyond the core business of generating and fulfilling your coloring book and calendar orders, and the associated Account management functions described above.

5.3 Image Storage

Your uploaded images are stored on our servers (Coloring Me Happy’s servers) for the duration of your Account, unless you delete them earlier. We retain your images to enable you to reorder Products, manage your content library, and access your previously generated coloring pages. We do not use your stored images to train AI models, for marketing purposes, or for any purpose unrelated to providing the Services to you. For details on data retention and deletion, please see our Privacy Policy.

5.4 Representations and Warranties Regarding User Content

  • You are the owner of or have obtained all necessary rights, licenses, consents, and permissions to upload, use, and authorize us to use the User Content as contemplated by these Terms
  • The User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights
  • You have obtained express, informed consent from every identifiable individual depicted in the User Content before uploading such content, and you can provide proof of such consent upon our request
  • The User Content does not contain any material that is unlawful, defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or otherwise objectionable
  • The User Content does not depict minors (individuals under eighteen years of age) unless uploaded by or with the verifiable consent of a parent or legal guardian, and such images are appropriate for the purpose of creating family-oriented coloring books or calendars
  • The User Content does not contain malicious code, viruses, or any harmful software

5.5 Content Moderation and Removal

We reserve the right, but assume no obligation, to monitor, review, screen, and remove User Content at our sole discretion and without notice. We may remove or disable access to any User Content that we reasonably believe violates these Terms, applicable law, or the rights of any third party.

6. AI-GENERATED CONTENT

6.1 Nature of AI Output

  • AI-generated Output may not be unique, and other Users submitting similar images may receive similar Output
  • The quality, accuracy, and artistic suitability of AI-generated sketch conversions cannot be guaranteed and may vary depending on the quality, composition, and subject matter of your uploaded images
  • AI-generated Output may occasionally produce unexpected, inaccurate, or aesthetically undesirable results, including imperfect facial representations or distorted features
  • We do not warrant that AI-generated Output will be free from defects, errors, or third-party intellectual property claims

6.2 Ownership of Generated Content

  • Under current United States copyright law, AI-generated works may not qualify for copyright protection, and the copyrightability of AI-generated content remains legally unsettled
  • Your ownership rights do not extend to Output generated for other Users, even if such Output is similar or identical to yours
  • We retain all rights in our underlying platform, software, processes, and the selection and arrangement of the Services, as well as all proprietary rights in the prompts, configurations, and workflows used to generate the Output
  • Google retains all intellectual property rights in the Gemini AI models and technology used to process your images

6.3 Permitted and Prohibited Uses of Generated Content

  • Create, distribute, or promote deepfakes, misinformation, or misleading content
  • Impersonate any person or entity
  • Resell, sublicense, or commercially distribute the Generated Content or derivative works thereof outside of the Products purchased through our Services, without our prior written consent
  • Infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party
  • Generate, distribute, or facilitate the creation of child sexual abuse material (CSAM) or any content depicting the exploitation of minors
  • Use Generated Content to train, develop, or improve any competing artificial intelligence or machine learning models
  • Bypass, disable, or circumvent any content moderation or safety filtering systems incorporated in the Services or in Google’s Gemini API

6.4 Disclaimer Regarding Generated Content

THE GENERATED CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” COLORING ME HAPPY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AESTHETIC QUALITY, SUITABILITY, OR NON-INFRINGEMENT OF ANY GENERATED CONTENT. WE DO NOT GUARANTEE THAT SKETCH CONVERSIONS WILL ACCURATELY RESEMBLE THE ORIGINAL UPLOADED IMAGES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ALL GENERATED CONTENT BEFORE PLACING AN ORDER.

7. PACKAGES, PRICING, ORDERS, AND SHIPPING

7.1 Packages and Pricing

  • Silver Package: Upload up to 20 pictures, includes cover photo customization — $15.00 USD
  • Gold Package: Upload up to 35 pictures, includes cover photo customization — $20.00 USD
  • Platinum Package: Upload up to 50 pictures, includes cover photo customization — $25.00 USD

Prices are listed in U.S. Dollars and are subject to change without notice. Additional charges may apply for shipping, applicable taxes, and any premium features or add-ons introduced in the future. We reserve the right to correct any errors in pricing and to cancel orders placed at an incorrect price. Current pricing is displayed on the Site at the time of purchase.

7.2 Order Acceptance

Your submission of an order constitutes an offer to purchase, which we may accept or reject at our sole discretion. An order is not considered accepted until we send you an order confirmation via email. We reserve the right to limit the quantity of items purchased per person, per household, or per order, and to refuse or cancel any order for any reason, including suspected fraud or violation of these Terms.

7.3 Payment Terms

All payments are processed through our third-party payment processor(s). By making a purchase, you agree to the payment processor’s terms of service. You represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is accurate and complete. All transactions are encrypted using industry-standard security measures.

7.4 Digital Downloads and Home Printing

If you choose the digital download option, you will receive your coloring book or calendar in a downloadable digital format (e.g., PDF) suitable for home printing. Digital downloads are delivered to your Account and/or the email address associated with your Account. Once a digital download has been delivered, it is considered final and is generally non-refundable, except where the file is materially defective or corrupted.

7.5 International Shipping

  • International shipments may be subject to import duties, taxes, customs fees, and other charges imposed by the destination country, which are your sole responsibility
  • Delivery times are estimates only and are not guaranteed; we are not liable for delays caused by customs processing, carrier issues, force majeure events, or other circumstances beyond our control
  • Risk of loss and title for Products pass to you upon delivery to the shipping carrier
  • Certain Products may not be available for shipment to all jurisdictions due to legal, regulatory, or logistical restrictions
  • You are responsible for providing accurate shipping information; we are not responsible for shipments lost or delayed due to incorrect addresses provided by you
  • Shipping costs and estimated delivery times are calculated and displayed at checkout based on your selected shipping destination

7.6 Returns, Refunds, and Cancellations

  • If you receive a printed Product that is materially defective (e.g., significant printing errors, binding defects, missing pages, or substantially incorrect content), you may request a replacement or refund by contacting our customer support team within fourteen (14) days of delivery
  • Refund requests will be evaluated on a case-by-case basis. Approved refunds will be issued to the original payment method within a reasonable timeframe
  • We reserve the right to refuse returns or refunds for Products that show signs of misuse, damage not attributable to manufacturing defects, or normal wear and tear
  • Orders may be cancelled prior to the commencement of printing/manufacturing by contacting customer support. Once production has begun, cancellation may not be possible
  • Digital downloads are non-refundable once delivered, except where the file is materially defective

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Company Intellectual Property

The Site, Services, and all content therein (excluding User Content and Generated Content owned by Users), including but not limited to the Coloring Me Happy name, logo, and branding, text, graphics, icons, images, software, platform design, AI processing workflows, data compilations, and the design, selection, and arrangement thereof, are the exclusive property of Coloring Me Happy LLC or its licensors and are protected by United States and international intellectual property laws.

8.2 Restrictions

You may not, without our prior written consent: copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Site, except as incidental to normal web browsing or as expressly permitted by these Terms. You may not use any data mining, robots, scraping, or similar automated data gathering methods on any content of the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or AI processing workflows used in the Services.

8.3 DMCA and Copyright Complaints

We respect the intellectual property rights of others and expect our Users to do the same. If you believe that your copyrighted work has been used or displayed on our Site in a manner that constitutes copyright infringement, please submit a written notification to our designated Copyright Agent containing: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location on the Site; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

9. PROHIBITED CONDUCT

  • Use the Services for any purpose that is unlawful or prohibited by these Terms
  • Upload images of identifiable individuals without their express, informed consent
  • Upload images depicting minors without the verifiable consent of a parent or legal guardian
  • Upload content that is sexually explicit, pornographic, obscene, violent, threatening, harassing, defamatory, or otherwise objectionable
  • Use the Services to facilitate fraud, identity theft, impersonation, or any form of deception
  • Attempt to probe, scan, or test the vulnerability of the Site or Services, or to breach any security or authentication measures
  • Interfere with or disrupt the integrity, performance, or availability of the Site or Services
  • Use any automated system, including bots, crawlers, or scrapers, to access the Services without our express written permission
  • Sell, resell, license, or exploit access to the Services without our prior written authorization
  • Attempt to reverse engineer any AI model, algorithm, or software component of the Services
  • Use Generated Content to train, develop, or improve any competing AI or machine learning models
  • Circumvent any content filters, safety mechanisms, or technical protection measures incorporated into the Services or Google’s Gemini API
  • Upload images containing malware, viruses, or other harmful code
  • Use the Services to generate content intended to harass, bully, threaten, or intimidate any individual

10. INDEMNIFICATION

  • Your use of or access to the Site or Services
  • Your User Content, including any claims that your uploaded images infringe the intellectual property, privacy, publicity, or other rights of any third party, or that you failed to obtain required consent from individuals depicted in your images
  • Your use, distribution, or commercialization of any Generated Content
  • Your violation of these Terms or any applicable law, regulation, or third-party right
  • Any Products ordered by you, including claims related to the Products made by recipients or third parties
  • Any dispute between you and any third party arising out of your use of the Services

11. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AI TOOLS, GENERATED CONTENT, AND ALL PRODUCTS AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLORING ME HAPPY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • The Services will be uninterrupted, timely, secure, or error-free
  • The AI-generated sketch conversions will accurately resemble the original uploaded images or meet your aesthetic expectations
  • The Generated Content or Products will be free from defects, errors, or third-party intellectual property claims
  • The print quality, color accuracy, or physical attributes of shipped Products will exactly match on-screen previews
  • Google’s Gemini AI technology will be continuously available or will not be modified, upgraded, or discontinued

COLORING ME HAPPY RELIES ON GOOGLE’S GEMINI AI TECHNOLOGY FOR IMAGE GENERATION, AND WE DISCLAIM ALL LIABILITY FOR ANY FAILURES, ERRORS, INACCURACIES, OR INTERRUPTIONS IN THE GEMINI API OR ITS PROCESSING OF YOUR IMAGES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

12. LIMITATION OF LIABILITY

  • Your access to, use of, or inability to use the Site or Services
  • Any Generated Content, including the quality, accuracy, or aesthetic suitability thereof
  • Any unauthorized access to or alteration of your User Content, data, or transmissions
  • Any Products purchased through the Services, including claims for personal injury or property damage
  • Any failure, error, or interruption of Google’s Gemini API or related third-party services
  • Any conduct or content of any third party on the Services

IN NO EVENT SHALL COLORING ME HAPPY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO COLORING ME HAPPY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in [CITY, STATE]. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COLORING ME HAPPY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU AND COLORING ME HAPPY EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. THIRD-PARTY SERVICES AND LINKS

  • Google Gemini API: Powers the AI image generation functionality. Subject to Google’s Terms of Service, Gemini API Additional Terms, and Privacy Policy.
  • Payment Processor(s): Processes payments for Product orders. Subject to the payment processor’s own terms of service and privacy policy.
  • Shipping Carriers: Handles physical delivery of Products. Subject to the carrier’s terms and conditions.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Coloring Me Happy shall not be liable for any damage or loss caused by or in connection with your use of or reliance on any third-party services.

15. EXPORT COMPLIANCE AND INTERNATIONAL USE

The Services are controlled and operated from the United States. You are responsible for compliance with all applicable local, national, and international laws and regulations, including without limitation all applicable export control and sanctions laws. You represent and warrant that you are not located in, or a national or resident of, any country subject to comprehensive U.S. economic sanctions, and that you are not listed on any U.S. government restricted party list.

16. FORCE MAJEURE

Coloring Me Happy shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, power failures, internet or telecommunications failures, cyberattacks, disruptions to Google’s Gemini API or other third-party services upon which the Company relies, or disruptions to printing, manufacturing, or shipping operations.

17. ELECTRONIC COMMUNICATIONS

By creating an Account and providing your email address, you consent to receiving electronic communications from us, including transactional emails (order confirmations, shipping notifications, Account updates), service announcements, and, where you have opted in, marketing communications. You may opt out of marketing communications at any time by following the unsubscribe instructions in such communications, but you may not opt out of transactional or service-related communications necessary for the operation of your Account.

18. SEVERABILITY

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

19. WAIVER

The failure of Coloring Me Happy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Coloring Me Happy.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Coloring Me Happy regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

21. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without the prior written consent of Coloring Me Happy. Coloring Me Happy may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

22. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us at:

Coloring Me Happy LLC

[Street Address]

[City, State, ZIP Code]

Email: [email address]

Phone: [phone number]

Website: www.coloringmehappy.com