The terms for using Tinkerhue: 3D Coloring Book, its accounts, auto-renewing memberships and object catalog.
These Terms of Use ("Terms") are an agreement between you and Calling Moonshots Inc. ("Calling Moonshots", "we", "us") for Tinkerhue: 3D Coloring Book (the "app") and the account, membership and catalog services that go with it. By downloading or using the app, you agree to them. If you do not agree, do not use the app.
These Terms are specific to Tinkerhue. They apply instead of the general Calling Moonshots Terms of Service at callingmoonshots.com/terms for the app. Our Privacy Policy explains what information we handle.
Your license to install and use the app is the Apple Standard End User License Agreement (Licensed Application EULA). These Terms add to it for accounts, memberships and the catalog. If they conflict, the Apple EULA controls for the license itself.
These Terms are between you and Calling Moonshots only, not Apple. Calling Moonshots, not Apple, is responsible for the app and its content, for maintenance and support (see Support), and for any claims about the app, including product liability, legal or regulatory compliance, consumer protection and intellectual-property claims. If the app does not meet an applicable warranty, you may tell Apple and Apple will refund the purchase price of the app if any; Apple has no other warranty obligation for the app. You confirm that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must follow any third-party agreements that apply to you when you use the app, such as your mobile carrier's terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Tinkerhue is free to download and includes a set of free objects to paint. An optional Tinkerhue membership unlocks the app's additional objects and collections for as long as the subscription is active. Membership is offered as a monthly or yearly auto-renewing subscription, and some plans include a free trial. The purchase screen shows the name of the plan, its length, the price billed and, for a trial, how long the trial lasts and what you will pay afterwards. The App Store purchase confirmation shows the final price, currency and taxes. A membership does not promise a particular number of objects, a release schedule or the entire external source catalog.
Tinkerhue creates a guest account automatically. You can optionally sign in with Apple to reconnect the account on another device. Guest access depends on a credential stored on your device. Keep access to the Apple Account you use for sign-in and purchases. To restore an eligible purchase, open ••• menu → Settings → Account & membership → Restore purchases using the Apple Account that bought it. We may verify purchase and account ownership before assigning membership access. Account deletion is in the same place, as described in the Privacy Policy.
You must be old enough to form a binding agreement where you live to buy a membership. If you are younger, a parent or guardian must make the purchase and accept these Terms for you.
We do not claim ownership of the original creative choices you make, such as your colours and brush work. The 3D objects are provided by us and by third parties under their own licenses. Object sources, attribution, changes we made and open-source notices are in the app under ••• menu → Settings → Help & privacy → Credits & licenses. Exporting or sharing a picture or video does not remove those license requirements or give you any right to third-party names, trademarks or designs shown on an object. We grant you a personal, non-commercial right to use the app and its objects as the app allows; you must follow the attribution that a particular object's license requires if you share or publish a picture of it.
Paintings are stored on your device only. The service does not back them up or sync them between devices in this version. Export what you want to keep before you delete the app, replace a device or clear its data.
Do not interfere with or overload the service, probe or bypass its security, access another person's account, abuse purchases or trials, copy or resell the catalog in bulk, or use the app in a way that breaks the law or others' rights. We may limit or suspend access to the account service when reasonably needed to stop abuse, deal with a security incident or meet a legal duty. This does not affect your ability to manage an App Store subscription through Apple.
We work to keep Tinkerhue available, but sign-in, catalog and purchase functions depend on connections and providers and can be interrupted. Objects, collections and features can change. We may update these Terms; the date at the top shows the current version, and we will tell you in the app about material changes. If you keep using the app after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the app and, if you subscribe, cancel the subscription.
The app is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties and are not liable for indirect, incidental or consequential damages or lost data, and our total liability for any claim related to the app is limited to the amount you paid for the app and memberships in the 12 months before the claim. Nothing in these Terms excludes or limits a warranty, remedy or liability that cannot be excluded or limited by law, including for death or personal injury caused by negligence, fraud, or your statutory consumer rights.
These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws rules, except that if you are a consumer, the mandatory consumer-protection laws of the place where you live still apply to you and you may bring a claim in the courts of that place.
Questions about these Terms or the app: tinkerhue@callingmoonshots.com. Support is also at callingmoonshots.com/tinkerhue/support. Calling Moonshots Inc.