Terms of Service
These Terms of Service ("Terms") govern your use of Chromatik (the "App"), provided by James Montgomery Design Inc. ("we", "us", "our"). By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.
1. Licence to use the App
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own use, in line with these Terms and the App Store terms that apply to you. This licence does not transfer ownership of the App to you.
2. Intellectual property
The App, including its design, code, wordmark, content, and the name Chromatik, is owned by James Montgomery Design Inc. and is protected by intellectual property laws. Except for the licence granted above, no rights are transferred to you. You may not copy, modify, distribute, sell, or lease any part of the App, and you may not reverse engineer or attempt to extract its source code except to the extent this restriction is prohibited by law.
3. Acceptable use
You agree to use the App lawfully and not to misuse it. In particular, you agree not to:
- use the App in any way that breaks applicable laws or regulations;
- interfere with, disrupt, or attempt to gain unauthorised access to the App or related systems;
- remove, obscure, or alter any proprietary notices in the App; or
- use the App to infringe the rights of others.
4. Purchase and the App Store
The App is sold through the Apple App Store, which is the point of sale. Chromatik is a one-time purchase at the price shown on the App Store; there is no subscription. Payment, refunds, and billing are handled by Apple under its own terms, and any refund requests are subject to Apple's policies. Prices and availability may change.
5. Colour accuracy
This clause is central to how the App should be used. Colour values and previews in the App are provided for reference only. On-screen colour is uncalibrated and varies by display, brightness, and ambient lighting conditions.
You must validate any real-world or production decision (including paint, print, textiles, and manufacturing) against physical swatch references such as Pantone, RAL, or NCS, and against a vendor proof, before committing to it. The App is not a substitute for calibrated equipment or a professional colour-matching process.
To the fullest extent permitted by law, the company accepts no liability for decisions made on the basis of on-screen colour.
6. Disclaimer of warranties
The App is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error free, or that results obtained from it will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
7. Limitation of liability
To the fullest extent permitted by law, James Montgomery Design Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to your use of, or inability to use, the App. Where liability cannot be excluded, our total liability is limited to the amount you paid for the App.
8. Changes to these Terms
We may update these Terms from time to time. The current version will be posted here with a revised effective date, and your continued use of the App after changes take effect means you accept the updated Terms.
9. Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for any dispute arising from these Terms or the App.
10. Contact
Questions about these Terms can be sent to hello@jamesmontgomerydesign.com.