Effective Date: January 26, 2026

 

1. Acceptance of Terms

By accessing or using ChromaChecker online and offline products and services (collectively, "the Service"), provided by ChromaChecker™ Corporation ("ChromaChecker," "We," "Us," or "Our"), you agree to be bound by these Terms of Service ("TOS").

We may update these TOS from time to time. We will notify you of material changes at least 30 days before they take effect by email or prominent notice within the Service. Your continued use of the Service after changes become effective constitutes acceptance. The current version is always available at: https://www.chromachecker.com/manuals/en/show/tos

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these TOS. If you do not have such authority or do not agree with these TOS, you may not use the Service.

You agree that the Service may include certain communications from ChromaChecker, such as service announcements and administrative messages, which are considered part of your membership.

The Service is provided "as is." ChromaChecker assumes no responsibility for the deletion, timeliness, misdelivery, or failure to store any user content or settings.

You are responsible for obtaining access to the Service, including any third-party fees (such as Internet Service Provider charges) and all equipment necessary to access the Service.

You may not access the Service for purposes of monitoring its functionality, availability, or performance for benchmarking or competitive purposes without ChromaChecker's prior written consent.

You may not access the Service if you are a direct competitor of ChromaChecker, except with ChromaChecker's prior written consent.

 

2. Your Account

2.1 Eligibility

You represent and warrant that:

• You are of legal age to form a binding contract
• You are not barred from receiving services under applicable laws
• Your use of the Service does not violate any applicable law or regulation
• Accounts registered by "bots" or other automated methods are not permitted
• You are acting in a business or professional capacity when using the Service, unless explicitly agreed otherwise

FOR THE AVOIDANCE OF DOUBT, THE SERVICE IS OFFERED SOLELY FOR COMMERCIAL AND PROFESSIONAL USE BY ORGANIZATIONS AND THEIR AUTHORIZED PERSONNEL, AND IS NOT OFFERED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

THE SERVICE IS NOT INTENDED FOR USE BY CHILDREN. INDIVIDUALS UNDER THE AGE OF 16 MAY NOT USE THE SERVICE.

2.2 Registration

You agree to:

• Provide true, accurate, current, and complete information ("Registration Data")
• Maintain and update Registration Data to keep it accurate and current

If you provide untrue, inaccurate, or incomplete information, ChromaChecker may suspend or terminate your account.

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account
• All activities that occur under your account
• Immediately notifying ChromaChecker of any unauthorized use or security breach
• Ensuring you exit from your account at the end of each session

ChromaChecker is not liable for any loss or damage arising from your failure to comply with these security obligations.

 

3. Your Content and Use of Content

3.1 Content Responsibility

All information, data, text, or other materials ("Content") uploaded to the Service are your sole responsibility. ChromaChecker does not control user-posted Content and does not guarantee its accuracy, integrity, or quality.

3.2 Prohibited Uses

You agree not to use the Service to:

• Upload content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Harm minors in any way
• Impersonate any person or entity
• Upload content you do not have the right to share
• Upload content that infringes any intellectual property rights
• Upload unsolicited advertising, spam, or promotional materials
• Upload viruses or malicious code
• Interfere with the Service or connected networks
• Violate any applicable laws
• Provide material support to designated terrorist organizations

3.3 Content Moderation

ChromaChecker reserves the right (but not the obligation) to pre-screen, refuse, or remove any Content that violates these TOS or is otherwise objectionable.

3.4 Content Disclosure

ChromaChecker may access, preserve, and disclose your account information and Content if required by law or in good faith belief that such action is necessary to:

• Comply with legal process
• Enforce the TOS
• Respond to claims of rights violations
• Respond to customer service requests
• Protect ChromaChecker's rights, property, or safety

3.5 License to Your Content

You retain ownership of Content you submit. By uploading Content, you grant ChromaChecker a limited, non-exclusive, royalty-free license to use, display, and reproduce such Content solely to provide and improve the Service. This license terminates when you delete the Content or your account, except for Content shared publicly or with other users.

ChromaChecker will not use your Content to train machine learning models without your explicit consent.

3.6 Data Sharing

Users can grant access to selected data for sharing between authorized users in accordance with Service settings.

 

4. Billing and Subscriptions

4.1 Subscription Terms

IMPORTANT - AUTOMATIC RENEWAL: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee plus applicable taxes.

Subscription Details:

• Billing begins at the end of your initial subscription period (if applicable)
• View your subscription details in "Account Management - Subscription" after logging in
• You will not receive a separate notice before each renewal

4.2 Clear Disclosure of Material Terms

Before subscribing, you will be informed of:

• The fact that charges are recurring until you cancel
• The billing frequency (monthly/annual)
• The amount you will be charged
• The deadline to cancel before the next charge
• How to cancel your subscription

4.3 Cancellation

You may cancel your subscription at any time through one of the following methods:

• Online: Account Management > Subscription > Cancel Subscription
• Email: support@chromachecker.com
• Phone: 1-800-91-PILOT

Cancellation will be effective immediately. No refunds or credits will be provided for partial subscription periods.

Click-to-Cancel: When canceling online, you will be presented with a clear "Cancel Subscription" button that completes the cancellation immediately.

4.4 Price Changes

We will notify you of any price changes at least 7 days before they take effect. You may cancel before the change takes effect to avoid the new pricing.

4.5 Service Level Changes

If you downgrade your service level, you may lose access to certain Content or features. ChromaChecker is not liable for such loss.

4.6 Non-Renewal and Data Retention

If you do not renew your subscription:

• Your account will become inactive
• You will have 60 days from subscription end to make payment and retain your data
• After 60 days, your Content will be permanently deleted

4.7 Taxes

You are responsible for all applicable taxes. You agree to indemnify ChromaChecker for any tax obligations incurred on your behalf.

 

5. Data Processing and Privacy

5.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy at https://www.chromachecker.com/privacy/, which is incorporated by reference.

5.2 Roles and Scope of Processing

For purposes of applicable data protection laws, including GDPR, UK GDPR, and similar regulations, ChromaChecker acts as a Data Processor with respect to Customer Content and personal data processed on behalf of business customers. The Customer remains the Data Controller and determines the purposes and means of processing.

The Service is designed to process technical, operational, and quality-control data related to printing workflows, including spectral measurement data, device identifiers, and associated metadata. The Service is not intended to process special categories of personal data.

5.3 Data Processing Agreement (DPA)

For business customers subject to GDPR, CCPA/CPRA, or similar regulations, ChromaChecker makes available a Data Processing Agreement ("DPA") that forms part of these Terms upon execution. The DPA governs the processing of personal data and includes Standard Contractual Clauses where applicable.

To request execution of a DPA, contact legal@chromachecker.com.

5.4 Your Data Rights

Depending on your jurisdiction, you may have the following rights regarding your personal data:

• Access: Request a copy of your personal data
• Correction: Request correction of inaccurate data
• Deletion: Request deletion of your data (subject to legal retention requirements)
• Portability: Receive your data in a structured, machine-readable format
• Opt-Out: Opt out of certain data processing activities

To exercise these rights, contact privacy@chromachecker.com. We will respond within 30 days (or as required by applicable law).

These rights apply only to personal data and do not extend to anonymized or aggregated technical measurement data.

5.5 Data Security

ChromaChecker implements commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Content and personal data against unauthorized access, loss, or disclosure, including encryption in transit and at rest, role-based access controls, and secure authentication mechanisms.

ChromaChecker does not guarantee absolute security but commits to maintaining security practices consistent with generally accepted SaaS industry standards.

5.6 Security Incidents

In the event of a confirmed personal data breach affecting Customer Content, ChromaChecker will notify affected customers without undue delay and in accordance with applicable law.

5.7 Subprocessors

ChromaChecker may engage third-party subprocessors to support delivery of the Service, including hosting and infrastructure providers. ChromaChecker remains responsible for the performance of such subprocessors in accordance with these Terms and applicable law.

5.8 International Data Transfers

If you are located outside the United States, your data may be transferred to and processed in the United States. We use Standard Contractual Clauses and other safeguards to protect international transfers.

 

6. Formulas and Source Data

For analysis, only spectral raw data are processed. Lab, XYZ, or other colorimetric data are not imported. Calculations comply with ISO 13655. Results may differ slightly from other solutions. ChromaChecker has developed unique analysis methods not comparable to competitive products.

 

7. General Practices Regarding Use

ChromaChecker may establish limits concerning Service use, including:

• Maximum days Content will be retained
• Maximum measurement data that may be uploaded
• Maximum disk space allocated
• Maximum access frequency and duration

ChromaChecker reserves the right to log off inactive accounts and modify these limits at any time with reasonable notice.

 

8. Modifications to Service

ChromaChecker reserves the right to modify or discontinue the Service (or any part thereof) at any time. For material changes, we will provide at least 30 days' notice. ChromaChecker shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

 

9. International Use

You agree to comply with all applicable local, state, national, and international laws regarding online conduct and transmission of technical data from your jurisdiction.

9.1 Export Compliance

The Service and related technical data may be subject to United States export control and economic sanctions laws. You agree not to access or use the Service in violation of such laws, including by exporting or re-exporting the Service to prohibited countries, entities, or individuals.

 

10. Intellectual Property

10.1 ChromaChecker's Proprietary Rights

The Service and associated software contain proprietary and confidential information protected by intellectual property laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software.

10.2 ChromaChecker Trademarks

ChromaChecker™ and associated logos are trademarks of ChromaChecker Corporation. You may use these marks for promotional purposes to identify yourself as a customer, provided you do not claim ownership.

10.3 Third-Party Trademarks

All other trademarks are the property of their respective owners.

 

11. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service for commercial purposes without a separate agreement with ChromaChecker.

 

12. Termination

12.1 Termination by ChromaChecker

ChromaChecker may terminate your account immediately, with or without notice, for:

• Breaches of these TOS
• Requests by law enforcement or government agencies
• Discontinuance or material modification of the Service
• Technical or security issues
• Extended inactivity
• Fraudulent or illegal activities
• Nonpayment of fees

12.2 Termination by You

You may terminate your account at any time through Account Management or by contacting support@chromachecker.com.

12.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You may request export of your data within 30 days
• ChromaChecker may delete your data after 60 days

For clarity, Section 4.6 governs data retention following non-renewal of a paid subscription, while this Section 12.3 governs data handling following full account termination initiated by either party.

 

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." CHROMACHECKER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

CHROMACHECKER DOES NOT WARRANT THAT:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained will be accurate or reliable
• Errors will be corrected

 

14. Limitation of Liability

CHROMACHECKER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.

CHROMACHECKER'S MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF:

• The amount paid by you for the Service in the 12 months prior to the claim, or
• $100 USD

NOTHING IN THESE TERMS LIMITS LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING MANDATORY CONSUMER OR DATA PROTECTION LAWS.

 

15. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

 

16. Indemnification

You agree to indemnify, defend, and hold harmless ChromaChecker and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these TOS
• Your violation of any third-party rights

 

17. Dispute Resolution

17.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@chromachecker.com and attempt to resolve the dispute informally for at least 30 days.

17.2 Arbitration

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Arbitration may be conducted remotely or in Delaware, USA, at ChromaChecker's discretion. The arbitration shall be conducted in English by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This arbitration clause does not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or data security.

This arbitration agreement survives termination or expiration of these Terms of Service.

17.3 Governing Law

These TOS are governed by the laws of the State of Delaware, without regard to conflict of law principles.

To the extent any user is deemed a consumer under applicable law despite the intended business use of the Service, mandatory consumer protection laws of the user's country of residence may apply notwithstanding this governing law clause.

17.4 Jurisdiction

This jurisdiction clause applies only to disputes not subject to arbitration, actions to compel arbitration, actions to enforce or challenge arbitration awards, or claims for injunctive or equitable relief.

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts in Delaware.

17.5 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

17.6 Statute of Limitations

Any claim arising from these TOS or the Service must be filed within one (1) year after the claim arose.

 

18. General Provisions

18.1 Entire Agreement

These TOS constitute the entire agreement between you and ChromaChecker regarding the Service.

18.2 Severability

If any provision is found invalid, the remaining provisions remain in full force.

18.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

18.4 Assignment

You may not assign these TOS without ChromaChecker's consent. ChromaChecker may assign these TOS freely.

18.5 Force Majeure

ChromaChecker shall not be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet/utility failures.

18.6 No Survivorship

Your account is non-transferable. Rights to your account terminate upon death. Upon receipt of a death certificate, your account may be terminated and Content deleted.

 

19. External Links

The Service may contain links to third-party websites. ChromaChecker is not responsible for the content of linked sites and does not endorse them.

 

20. Copyright Infringement (DMCA)

ChromaChecker respects intellectual property rights and responds to valid infringement notices under the Digital Millennium Copyright Act (DMCA).

20.1 Designated Agent

Our designated agent for DMCA notices is registered with the U.S. Copyright Office. Contact information:

ChromaChecker DMCA Agent
ChromaChecker Corporation
4324 Sanddollar Court
New Port Richey, FL 34652, USA
Email: dmca@chromachecker.com
Phone: 1-800-91-PILOT

20.2 Filing a DMCA Notice

To file a valid takedown notice, provide:

1. Physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the infringing material and its location
4. Your contact information (address, phone, email)
5. A statement of good faith belief that the use is not authorized
6. A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

20.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification containing:

1. Your physical or electronic signature
2. Identification of the removed material and its prior location
3. A statement under penalty of perjury that you believe the material was removed by mistake
4. Your name, address, phone number, and consent to jurisdiction of federal court in Delaware
5. A statement that you will accept service of process from the complainant

20.4 Repeat Infringer Policy

ChromaChecker will terminate accounts of users who are repeat copyright infringers.

 

21. Contact Information

ChromaChecker Corporation
4324 Sanddollar Court
New Port Richey, FL 34652, USA

General Inquiries: support@chromachecker.com
Legal: legal@chromachecker.com
Privacy: privacy@chromachecker.com
DMCA: dmca@chromachecker.com
Phone: 1-800-91-PILOT

© 2026 ChromaChecker Corporation. All rights reserved.