Kadre Terms & Conditions

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the mobile application "Kadre" (hereinafter referred to as the "Application" or the "Service"), you (hereinafter, the "User") expressly agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms in their entirety, you must refrain from using the Application and immediately uninstall it from your device.

Continued use of the Application following any modifications to these Terms shall constitute your acceptance of such modifications. It is the User's responsibility to review these Terms periodically to remain informed of any changes.

Your acceptance of these Terms constitutes a legally binding agreement between you and the developer of Kadre (hereinafter, the "Developer"). If you are using the Application on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization to these Terms.

2. DESCRIPTION OF SERVICE

Kadre is a digital utility application designed to analyze digital images and extract chromatic information, including:

• Color Palettes: Sets of predominant colors identified within the image through frequency analysis.
• Dominant Colors: The most frequent or visually prominent colors detected in the image.
• Luminance Data: Information regarding brightness, light values, and tonal distribution of the image.

The Application employs proprietary image processing algorithms to generate these results. The Service is provided exclusively for informational, reference, creative inspiration, and personal entertainment purposes.

The User acknowledges and agrees that Kadre is an automated analysis tool and that the results provided are algorithmic approximations based on digital image processing. The Service does not constitute professional color consultation, scientific measurement, or expert analysis.

The Developer reserves the right to modify, enhance, or discontinue specific features of the Service at any time without prior notice.

3. INTELLECTUAL PROPERTY RIGHTS

A. Ownership

All rights, title, and interest in and to the Application, including without limitation:

• The complete source code (written in Kotlin, Java, Python, C++, and other programming languages);
• The proprietary "ColorExtractor" algorithm (specifically version v26.0 and all subsequent iterations);
• The "Weighted Frequency Analysis" logic and computational methodologies;
• Native Development Kit (NDK) libraries, including the kadre_native module;
• User interface (UI) design, visual elements, graphics, icons, and layout;
• Application name, branding, logos, and trademarks;
• Documentation, tutorials, and help materials;
• All patents, copyrights, trade secrets, trademarks, and other intellectual property rights;

are the exclusive property of the Developer and are protected by international copyright laws, trade secret laws, patent laws, trademark laws, and other applicable intellectual property and proprietary rights laws.

B. Limited License

Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal, non-commercial use.

C. Restrictions on Use

You explicitly agree NOT to, and will not permit any third party to:

1. Reverse engineer, decompile, disassemble, or otherwise attempt to derive, reconstruct, or discover the source code, underlying algorithms, or structural framework of the Application, including the native C++ libraries (kadre_native), obfuscated code, or any other components;
2. Copy, reproduce, modify, adapt, translate, or create derivative works based on the Application, its algorithms, logic, or any part thereof;
3. Circumvent, disable, interfere with, or otherwise tamper with any security features, encryption mechanisms, access control systems, digital rights management, access keys (including KADRE_ACCESS_KEY), authentication protocols, or technical protection measures or limitations implemented in the Application;
4. Remove, obscure, or alter any proprietary notices, labels, or marks (including copyright, trademark, or patent notices) from the Application;
5. Use the Application to develop, compile, or distribute a competing product, service, or application that provides similar functionality;
6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application available to any third party;
7. Use the Application in any manner that violates any applicable local, state, national, or international law or regulation;
8. Extract, scrape, or harvest data from the Application using automated means (bots, scrapers, or similar tools) for any purpose;
9. Use the Application for any commercial purpose without express written permission from the Developer;
10. Interfere with or disrupt the integrity or performance of the Application or attempt to gain unauthorized access to related systems or networks.

D. Ownership of Derivative Information

Any feedback, suggestions, ideas, enhancement requests, recommendations, or other information provided by you relating to the Application shall become the sole and exclusive property of the Developer, and the Developer shall have the right to use such information without restriction and without compensation to you.

4. USER CONTENT AND LICENSE GRANT

A. Retention of Ownership

You retain all ownership rights, title, and interest in and to the photographs, images, graphics, and other visual content that you upload, import, capture, or process through the Application (collectively, "User Content"). Nothing in these Terms shall be deemed to transfer any ownership rights in your User Content to the Developer.

B. License to Process

By using the Application and submitting User Content for analysis, you grant to Kadre and the Developer a limited, temporary, non-exclusive, royalty-free, worldwide license to access, process, analyze, manipulate, and transform your User Content solely for the purpose of:

1. Generating color analysis results, including color palettes, dominant colors, and luminance data;
2. Providing the core functionality and features of the Service;
3. Improving and optimizing the Application's algorithms and performance (on an aggregated, anonymized basis only, if applicable).

This license is strictly limited to the technical operations necessary to provide the Service and terminates automatically upon deletion of the User Content from your device or upon cessation of your use of the Application.

C. User Representations and Warranties

You represent and warrant that:

1. You own or have obtained all necessary rights, licenses, consents, and permissions to use and submit the User Content to the Application;
2. Your User Content does not infringe, violate, or misappropriate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary or legal rights;
3. Your User Content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material;
4. You will not upload or process any User Content that contains malware, viruses, or any other harmful code.

D. Privacy and Data Processing

The Application is designed with privacy as a priority. Image processing is performed primarily on-device to provide the Service. The Developer does not collect, store, or transmit your User Content to external servers except as may be necessary for specific optional features (such as cloud backup, if offered) or as disclosed in the Privacy Policy.

For comprehensive information regarding data collection, processing, storage, and sharing practices, please refer to our Privacy Policy, which is incorporated into these Terms by reference and available within the Application and on our website.

5. DISCLAIMER OF WARRANTIES AND ACCURACY

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

A. Algorithmic Nature of Results

You acknowledge and agree that the Application employs a heuristic algorithm ("ColorExtractor" and related computational methods) to estimate and extract color information based on mathematical frequency analysis, statistical weighting, and digital image processing techniques. The results generated are algorithmic approximations and computational estimates, NOT scientific laboratory measurements, spectrophotometric readings, or certified color standards.

B. Factors Affecting Accuracy

The accuracy, precision, and reliability of the color extraction and analysis results are significantly influenced by numerous external factors beyond the Developer's control, including but not limited to:

1. The quality, resolution, compression level, file format, and bit depth of the source image;
2. Lighting conditions, color temperature, shadows, and white balance present in the original photographed or captured scene;
3. The color profile, color space (sRGB, Adobe RGB, etc.), and embedded metadata of the image file;
4. The color calibration, brightness settings, contrast ratio, color temperature, and display technology (LCD, OLED, AMOLED, etc.) of your device's screen;
5. Ambient lighting conditions when viewing the results on your device;
6. Image artifacts, noise, blur, or distortions present in the source material;
7. The subjective nature of human color perception and individual variations in color vision.

C. No Professional or Expert Advice

The Application is intended solely for casual reference, personal use, creative exploration, and design inspiration. The results provided by the Application should NOT be relied upon, used, or considered appropriate for:

1. Critical decisions requiring absolute color precision or accuracy, such as color matching for automotive paint, architectural coatings, or industrial finishes;
2. Medical, diagnostic, or clinical purposes, including but not limited to dermatological analysis, skin condition assessment, or any health-related determinations;
3. Professional printing, pre-press production, color calibration for commercial printing, or color-critical graphic design work;
4. Scientific research, laboratory analysis, or academic studies requiring validated measurement instruments;
5. Quality control, manufacturing processes, or compliance with color standards or specifications;
6. Legal, regulatory, or contractual requirements involving specific color matching or verification.

D. No Guarantee of Availability

The Developer does not warrant that:

1. The Application will be available at all times, uninterrupted, or error-free;
2. Defects or errors will be corrected;
3. The Application is free of viruses or other harmful components;
4. The results obtained from the use of the Application will be accurate, reliable, or meet your requirements.

E. Express Disclaimer of Liability

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY COSTS, DAMAGES, LOSSES, EXPENSES, OR CONSEQUENCES INCURRED DUE TO YOUR RELIANCE ON THE COLOR DATA, ANALYSIS, OR RECOMMENDATIONS PROVIDED BY THE APPLICATION. This includes, without limitation, costs associated with purchasing incorrect paint colors, materials, or products; damages resulting from incorrect color matching; or any other financial or non-financial losses arising from use of the Application's results.

6. THIRD-PARTY SOFTWARE AND COMPONENTS

A. Incorporated Components

The Application may incorporate, utilize, or depend upon third-party software libraries, frameworks, tools, and components, which may include but are not limited to:

• Android Jetpack and AndroidX libraries (developed by Google LLC);
• Glide image loading and caching library;
• Lottie animation library (developed by Airbnb, Inc.);
• Pillow/PIL Python imaging libraries (if applicable in backend processing);
• OpenCV computer vision libraries (if applicable);
• Various open-source utilities and dependencies.

B. Third-Party Licenses

The use, distribution, and modification of these third-party components are subject to their respective open-source licenses, including but not limited to Apache License 2.0, MIT License, BSD License, and other applicable licenses. These licenses are incorporated herein by reference and may impose additional terms and conditions on your use of the Application.

C. No Warranty for Third-Party Components

The Developer makes no warranties or representations regarding third-party components and expressly disclaims any liability arising from such components. Any issues, defects, or limitations in third-party components are the responsibility of their respective licensors.

D. Third-Party Services

The Application may integrate with or provide links to third-party websites, services, or resources. The Developer is not responsible for the availability, content, privacy practices, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of such third parties.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:

(I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APPLICATION OR SERVICE;

(II) ANY CONDUCT, CONTENT, OR MATERIALS OF ANY THIRD PARTY ON OR RELATED TO THE APPLICATION;

(III) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT, OR DATA;

(IV) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE COLOR ANALYSIS OR OTHER RESULTS PROVIDED BY THE APPLICATION;

(V) PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE APPLICATION;

(VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION;

(VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY;

(VIII) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIALS, OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE DEVELOPER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE DEVELOPER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO THE DEVELOPER FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Developer, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, and partners from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and litigation costs) arising out of or in any way connected with:

(I) Your access to or use of the Application or Service;

(II) Your User Content or any content you submit, post, or transmit through the Application;

(III) Your violation of these Terms or any applicable law, regulation, or the rights of any third party;

(IV) Any negligent or willful misconduct by you;

(V) Any claim that your User Content caused damage to or infringed upon the rights of a third party.

The Developer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Developer in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Application.

9. MODIFICATIONS TO THE APPLICATION AND TERMS

A. Modification of Service

The Developer reserves the right, in its sole discretion, to modify, update, suspend, discontinue, or terminate the Application or any part, feature, or functionality thereof at any time, with or without prior notice to you. The Developer shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Application.

B. Updates and Upgrades

The Developer may from time to time provide updates, upgrades, patches, or new versions of the Application. Such updates may be automatically downloaded and installed on your device depending on your device settings. You acknowledge that the Application may not function properly if you do not install updates when made available.

C. Modification of Terms

The Developer reserves the right to revise, amend, or modify these Terms at any time. When changes are made, the Developer will update the "Last Updated" date at the top of these Terms and may provide additional notice through the Application or via email (if you have provided contact information). The most current version of these Terms will always be available within the Application.

Your continued access to or use of the Application following the posting of revised Terms constitutes your acceptance of and agreement to be bound by such changes. If you do not agree to the modified Terms, you must immediately cease using the Application and uninstall it from your device.

10. TERMINATION

A. Termination by User

You may terminate this agreement at any time by uninstalling the Application from all devices on which it is installed and ceasing all use of the Service.

B. Termination by Developer

The Developer reserves the right, in its sole discretion, to terminate or suspend your access to the Application, with or without notice, for any reason or no reason, including without limitation if the Developer believes that you have violated these Terms.

C. Effect of Termination

Upon termination of this agreement for any reason:

1. Your license to use the Application shall immediately terminate;
2. You must cease all use of the Application and uninstall it from all devices;
3. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

11. DISPUTE RESOLUTION

A. Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Application, the parties agree to first attempt to resolve the matter informally by contacting the Developer through the support channels provided in the Application store listing or on the Developer's website.

B. Arbitration Agreement

If the parties are unable to resolve a dispute informally within thirty (30) days, either party may initiate binding arbitration. Any arbitration shall be conducted in accordance with the rules of a recognized arbitration body in the jurisdiction specified in Section 12 below. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

C. Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by, construed, and enforced in accordance with the laws of the jurisdiction in which the Developer resides or maintains its principal place of business, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in such jurisdiction, and the parties hereby irrevocably consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. MISCELLANEOUS PROVISIONS

A. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by the Developer, constitute the entire agreement between you and the Developer concerning the Application and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, regarding such subject matter.

B. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The Developer's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

C. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the prior written consent of the Developer. The Developer may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision shall be null and void.

D. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall remain in full force and effect.

E. Force Majeure

The Developer shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

F. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and the Developer.

G. Language

These Terms have been prepared in English. In the event of any conflict between an English version and a translated version, the English version shall prevail to the extent permitted by applicable law.

14. CONTACT INFORMATION

If you have any questions, concerns, or comments regarding these Terms and Conditions, or if you need to report a violation, please contact us through the support channels provided in the Application store listing or visit our website for additional contact information.

By using the Kadre Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.