Terms of Use
Effective date: May 1, 2026
Last updated: August 21, 2026
These Terms of Use ("Terms") govern your access to and use of the Percevra website, application, and related services (collectively, the "Service"). The Service is operated by Percevra ("Percevra," "we," "us," or "our").
By accessing or using the Service, creating an account, or purchasing a subscription, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of legal majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
You may not use the Service if doing so would violate applicable law or if we have previously suspended or terminated your access for violating these Terms.
2. The Service
Percevra provides tools for discovering, generating, organizing, visualizing, comparing, and evaluating colors and color palettes. The Service may include computational color models, lighting-aware simulations, perceptual transformations, material or surface previews, accessibility previews, project tools, exports, and other design features.
The Service is intended for informational, creative, and exploratory use. Features, outputs, availability, and supported formats may change over time.
3. Accounts and Account Security
Some features may require an account. You agree to provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account.
Notify us promptly at support@percevra.com if you suspect unauthorized access or another security issue. We are not responsible for losses caused by your failure to safeguard your credentials, except where applicable law provides otherwise.
4. Color Accuracy and Professional Judgment
Color outputs and simulations are computational approximations. They may be affected by factors including:
- Display hardware, calibration, brightness, and color profile.
- Browser, operating system, image compression, and viewing settings.
- Ambient light, illuminant spectra, time of day, and surrounding colors.
- Material, finish, texture, gloss, opacity, aging, and manufacturing variation.
- The assumptions and limitations of color spaces, adaptation models, and conversion methods, including OKLCH, CIELAB, XYZ, RGB, and related models.
Percevra does not guarantee exact real-world color matching, cross-device consistency, spectral accuracy, or material-specific results. Digital previews are not physical measurements or production specifications.
Before making consequential decisions, you are responsible for validating colors using physical samples, calibrated instruments where appropriate, actual materials, and representative lighting conditions. The Service is not a substitute for the judgment of qualified professionals in architecture, interior design, manufacturing, printing, construction, product safety, material specification, or other regulated or technical fields.
For additional detail, review the Color Accuracy & Simulation Disclaimer, which is incorporated into these Terms by reference.
5. User Content
"User Content" means palettes, saved colors, images, project information, text, and other material you upload, create, submit, or store through the Service.
As between you and Percevra, you retain ownership of your User Content. You grant Percevra a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, display, and transmit your User Content only as reasonably necessary to operate, secure, improve, and provide the Service to you. This license ends when your User Content is deleted from active systems, except for temporary backup copies, legal retention, and content you have shared with others through the Service.
You represent that you have the rights and permissions necessary to submit your User Content and allow us to process it as described in these Terms. You must not upload content that infringes intellectual-property, privacy, publicity, or other rights.
6. Outputs and Permitted Use
"Outputs" means palettes, color values, reports, exports, and other results produced for you through your use of the Service.
Subject to these Terms and applicable law, you may use, modify, reproduce, and commercialize your Outputs for personal or commercial projects. Percevra does not claim ownership of your original creative work merely because you used the Service to produce or evaluate it.
Outputs may not be unique. Other users may receive identical or similar colors, palettes, classifications, or results. Your right to use an Output does not grant you exclusive rights in individual colors, standard color values, common combinations, factual information, or material owned by others. You are responsible for determining whether your intended use requires third-party permissions or clearance.
Your right to use Outputs does not grant access to or ownership of the Service, its source code, models, algorithms, patented or patent-pending systems, interface designs, datasets, taxonomies, scoring methods, documentation, trademarks, or other underlying technology.
7. Percevra Intellectual Property
The Service and its underlying technology, software, visual systems, interfaces, databases, documentation, branding, and other materials are owned by Percevra or its licensors and are protected by intellectual-property and other laws. Open-source components remain subject to their respective licenses.
Subject to these Terms, Percevra grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. Except where applicable law does not allow the restriction, you may not:
- Copy, reproduce, distribute, sell, sublicense, or create a competing service from the Service or its protected components.
- Reverse engineer, decompile, disassemble, or attempt to discover source code or non-public algorithms.
- Extract, scrape, or systematically collect palettes, color records, metadata, taxonomies, or other data from the Service.
- Bypass usage limits, access controls, security measures, or technical restrictions.
- Use Percevra's names, logos, or branding without written permission.
Nothing in these Terms transfers ownership of Percevra intellectual property to you.
8. Acceptable Use
You may not use the Service to:
- Violate applicable law or the rights of another person.
- Upload malware, harmful code, or content intended to disrupt or compromise the Service.
- Gain unauthorized access to accounts, systems, or data.
- Impersonate another person or misrepresent your affiliation.
- Harass, exploit, defraud, or harm others.
- Interfere with the operation, security, or availability of the Service.
- Use automated means to access the Service except through interfaces or APIs that we expressly authorize.
- Resell access to the Service or use it to build a substantially similar or competing dataset, product, or service without written permission.
We may investigate suspected violations and take reasonable action, including restricting or suspending access.
9. Paid Services and Subscriptions
If you purchase a paid plan, the price, billing interval, included features, renewal terms, and any trial or promotional conditions will be disclosed before purchase. You authorize us and our payment provider to charge the applicable amounts, taxes, and disclosed fees to your selected payment method.
Unless stated otherwise at checkout, subscriptions automatically renew for the same billing interval until canceled. You may cancel using the cancellation method identified in your account or during purchase, or by contacting support@percevra.com. Cancellation prevents future renewals but ordinarily does not provide a retroactive refund for the current billing period, except where required by law or expressly stated in a refund policy.
We may change subscription prices or plan features. If a price change affects an existing recurring subscription, we will provide advance notice as required by law and apply the change no earlier than the next applicable renewal.
10. Third-Party Services
The Service may depend on or link to third-party services, software, content, products, or websites. Percevra does not control those third parties and is not responsible for their availability, content, security, or practices. Your use of a third-party service may be governed by separate terms and privacy policies.
11. Feedback
If you voluntarily provide suggestions, ideas, or other feedback about the Service, you grant Percevra a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. This does not transfer ownership of your User Content, projects, or Outputs.
12. Suspension and Termination
You may stop using the Service at any time and may request account deletion as described in our Privacy Policy.
We may suspend or terminate access if we reasonably believe that you have materially violated these Terms, created a security or legal risk, failed to pay applicable charges, or misused the Service. Where appropriate, we will provide notice and an opportunity to address the issue. We may immediately restrict access when necessary to protect users, the Service, or third parties.
Upon termination, your license to use the Service ends. Sections that by their nature should survive termination—including ownership, payment obligations, disclaimers, limitations of liability, indemnification, and dispute provisions—will remain in effect.
13. Service Changes and Availability
We may add, modify, suspend, or discontinue features. We do not guarantee that the Service or any particular feature will always be available, uninterrupted, secure, or error-free. When reasonably practicable, we will provide advance notice of material discontinuations affecting paid users.
You are responsible for maintaining copies of User Content and Outputs you need. We are not a permanent archival or backup service.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." PERCEVRA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL MEET YOUR REQUIREMENTS, PRODUCE A PARTICULAR CREATIVE OR COMMERCIAL RESULT, OR BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERCEVRA AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, MATERIALS, OR PROJECT VALUE, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.
THIS INCLUDES LOSSES ARISING FROM COLOR MISMATCHES, DISPLAY VARIATION, LIGHTING OR MATERIAL DIFFERENCES, DESIGN OR SPECIFICATION DECISIONS, PRODUCTION ERRORS, MATERIAL WASTE, REWORK, PROJECT DELAYS, OR RELIANCE ON OUTPUTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERCEVRA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PERCEVRA FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US $100.
These limitations do not exclude liability that cannot lawfully be excluded or limited.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Percevra and its owners, officers, employees, contractors, and affiliates from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from: (a) your User Content; (b) your material violation of these Terms; (c) your infringement or violation of another person's rights; or (d) your unlawful or willful misuse of the Service.
This obligation does not apply to the extent a claim results from Percevra's own unlawful conduct, negligence, or breach of these Terms.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any dispute that is not resolved informally will be brought in the state or federal courts located in Salt Lake County, Utah, and you and Percevra consent to their jurisdiction and venue.
Before filing a claim, you and Percevra agree to make a good-faith effort to resolve the dispute informally for at least 30 days after written notice is received. Send notices to support@percevra.com. This requirement does not prevent either party from seeking urgent injunctive relief or filing a claim when necessary to avoid expiration of a legal deadline.
Nothing in these Terms limits consumer protections that cannot be waived under the law that applies to you.
18. Changes to These Terms
We may update these Terms to reflect changes to the Service, our business, or applicable law. We will post the revised Terms and update the "Last updated" date above. If a change materially affects your rights or obligations, we will provide additional notice where required by law.
Changes apply prospectively from their stated effective date. Your continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Service and cancel any subscription.
19. General Terms
These Terms, the Privacy Policy, the Color Accuracy & Simulation Disclaimer, and any additional terms presented for a specific feature or purchase form the entire agreement between you and Percevra regarding the Service.
If a provision is found unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will remain in effect. Percevra's failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or transfer of the Service.
Headings are for convenience only. The words "including" and "such as" mean "including without limitation."
20. Contact Us
For legal, privacy, billing, or support inquiries, contact:
Percevra
support@percevra.com
See also our Privacy Policy and Color Accuracy & Simulation Disclaimer.
