Terms and Conditions

Last Updated: 26.10.2024

1. General Information

These Terms and Conditions (“Terms”) govern your access to and use of the ColorPenguin website, operated by BLUMO SOLUTIONS SRL (“we,” “us,” or “our”), located at Calea Dudeşti, Nr. 153, Camera 1, Et.1, Sector 3, Municipiul Bucureşti, Romania. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our services immediately.

2. Services Offered

ColorPenguin.com provides a digital platform that allows users to generate personalized coloring pages (the “Service”). We offer various subscription plans, including a Trial Plan, Premium Plan, and Business Plan, as outlined below.

3. Account Registration

To access our Service, users must register for an account. You are responsible for ensuring the accuracy of information provided during registration and for maintaining the security of your account credentials. We reserve the right to suspend or terminate accounts that we determine violate these Terms.

4. Subscription Plans and Payment

4.1 Subscription Plans

Trial Plan (Free Plan): Users on the Trial Plan may generate 5 coloring pages per week. All generated content on the Trial Plan is restricted to personal use and may not be used for commercial purposes.
Premium Plan (Personal Use): Users on the Premium Plan may generate an 500 monthly coloring pages for personal, non-commercial use only.
Business Plan (Commercial Use): Users on the Business Plan may generate 1000 monthly coloring pages and receive full ownership of the generated content. This includes all intellectual property rights, allowing users to use, reproduce, modify, distribute, and sell the content without limitation.

4.2 Payment Processing

Payment for the Premium and Business Plans is processed through Stripe, a third-party payment processor. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring monthly basis. You are responsible for keeping your billing information current and accurate.

4.3 Non-Payment

Failure to make timely payments may result in suspension or termination of access to the Service. We reserve the right to pursue any legal remedies available for outstanding payments.

5. Usage Rights

5.1 Trial Plan (Free Plan)

Users on the Trial Plan may use the generated coloring pages for personal, non-commercial purposes only. Commercial use of Trial Plan content is strictly prohibited.

5.2 Premium Plan (Personal Use)

Users on the Premium Plan are granted a personal, non-commercial license to use the generated coloring pages. Generated content under this plan may not be used for commercial purposes.

5.3 Business Plan (Commercial Use)

Users subscribed to the Business Plan receive full ownership of the generated content. This includes all intellectual property rights, allowing users to use, reproduce, modify, distribute, and sell the content without limitation.

5.4 Prohibited Use

Any use of content generated under the Trial or Premium Plan for commercial purposes is strictly prohibited. Violation of this provision may result in account termination and potential legal action.

6. Intellectual Property

All intellectual property rights in and to the Service, including but not limited to trademarks, content, and software, are owned by or licensed to BLUMO SOLUTIONS SRL. Users are prohibited from reproducing, distributing, or creating derivative works from any aspect of the Service not explicitly covered by the subscription plan’s usage rights.

7. Termination of Access

We reserve the right to terminate or suspend your account without notice if we believe you have violated these Terms, including but not limited to non-payment or unauthorized commercial use of content under the Trial or Premium Plan. Upon termination, your right to use the Service will immediately cease.

8. Disclaimers and Limitation of Liability

8.1 Service Availability

We strive to maintain an uninterrupted and error-free Service but cannot guarantee its availability or functionality at all times. Access may be restricted for maintenance, upgrades, or other purposes.

8.2 Limitation of Liability

To the maximum extent permitted by law, BLUMO SOLUTIONS SRL is not liable for any indirect, incidental, consequential, or special damages arising from your use or inability to use the Service, including but not limited to loss of data, loss of revenue, or interruption of business.

9. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page, with an updated “Last Updated” date. Continued use of the Service after changes are posted constitutes your acceptance of the new Terms.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

11. Contact Information

For questions or concerns about these Terms, please contact us at:

Email: [email protected]

Address: Calea Dudeşti, Nr. 153, Camera 1, Et.1, Sector 3, Municipiul Bucureşti, Romania