Terms of Use

Welcome to Unclear, the website, applications, and online service of What Color LLC ("Unclear," "we," or "us"), a New Jersey Limited Liability Company and the developer, owner, and operator of Unclear. This page explains the terms by which you may use our web, mobile, and software services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms of Use ("Agreement") and to the collection and use of your information as described in our Privacy Policy, whether or not you are a registered user.

We may amend this Agreement by posting the changes on our website. Please check periodically. Your continued use of the Service after a change takes effect constitutes acceptance. If you do not agree, do not use the Service. This Agreement applies to all visitors and users of the Service ("Users").

1. Use of the Service

Unclear is a note-taking app for lists, todos, ratings, and notes, for personal and organizational use.

A. Eligibility

You may use the Service only if you can form a binding contract with What Color LLC, and only in compliance with this Agreement and all applicable laws. The Service is not available to any User previously removed by us. You must be at least 13 years old.

B. Your account

Your account gives you access to the features we make available from time to time. When you create an account, you must provide accurate information and keep your credentials secure. You are responsible for all activity on your account, and you must notify us immediately of any unauthorized use. We are not liable for losses caused by unauthorized use of your account.

Encryption and your recovery phrase. If you enable end-to-end encryption, your content is protected by a key derived from a recovery phrase that only you hold. We never receive your recovery phrase or your keys, and we cannot access, reset, or recover your encrypted content. You are solely responsible for safely storing your recovery phrase. If you lose it, your encrypted content cannot be recovered by anyone, including us.

By providing your email address, you consent to receiving Service-related notices at that address in lieu of postal mail. You may opt out of non-essential messages by emailing unclearapp@gmail.com.

C. Acceptable use

You agree not to: (i) copy, distribute, or disclose any part of the Service by automated or non-automated "scraping"; (ii) use any automated system to access the Service in a way that sends more requests than a human reasonably could (we grant public search engines revocable permission to index our public marketing pages); (iii) transmit spam or unsolicited messages; (iv) interfere with, compromise, or attempt to decipher any transmissions to or from our servers; (v) impose an unreasonable load on our infrastructure; (vi) upload viruses, worms, or malicious code; (vii) harvest personal information from the Service; (viii) use the Service for any unlawful purpose; (ix) impersonate another person or misrepresent your affiliation; (x) interfere with the proper working of the Service; (xi) access the Service through any means other than those we provide or authorize; or (xii) bypass measures we use to restrict access to the Service.

We may change, suspend, or stop providing the Service or any feature, and may set usage limits, at any time. We may suspend or terminate your access without notice if you violate this Agreement. Upon termination, you remain bound by this Agreement.

2. Your content

The Service lets you create and store content such as lists, todos, ratings, notes, and (in some list types) photos ("Your Content"). You retain ownership of Your Content.

Because Your Content may be end-to-end encrypted, we generally cannot see, monitor, or moderate it. You are solely responsible for Your Content and for ensuring it is lawful and does not infringe the rights of others. You agree not to use the Service to store or share content that is illegal, that infringes intellectual-property or privacy rights, or that you do not have the right to store.

You grant us the limited license needed to operate the Service on your behalf — to store, back up, sync, and (where not encrypted) display Your Content to you and to the devices and people you choose to share it with. We do not claim ownership of Your Content, and we do not use it to train models or for advertising. This license ends within a commercially reasonable time after you delete Your Content, except for encrypted backups that expire on our normal retention schedule.

3. Our rights

Except for Your Content, the Service and all materials in it — software, text, graphics, logos, trademarks, and the like (the "Unclear Content") — are the property of What Color LLC and its licensors, and are protected by intellectual-property laws. You may not sell, license, copy, modify, distribute, or create derivative works from the Unclear Content except as this Agreement allows. If you send us ideas or suggestions about the Service, you agree we may use them without restriction or obligation to you.

4. Subscriptions and payments

Unclear offers a free tier and a paid "Pro" subscription, billed monthly or yearly. How you are charged depends on where you subscribe: on the web, through our payment processor, Stripe; in our iOS app, through your Apple Account as an in-app purchase. We never store your full card details, and Apple does not share them with us.

A. Web subscriptions

• Billing. By subscribing, you authorize us and Stripe to charge your chosen payment method on a recurring basis (monthly or yearly) until you cancel. Fees are shown at sign-up.
• Cancellation. You may cancel at any time; cancellation takes effect at the end of your current billing period, and you keep Pro access until then.
• Refunds. Except where required by law, fees are non-refundable.

B. App Store subscriptions

• Billing. Payment is charged to your Apple Account at confirmation of purchase. The subscription renews automatically for the same period at the same price unless you cancel at least 24 hours before the current period ends. Apple charges your account for the renewal within the 24 hours before that date.
• Cancellation. Manage or cancel your subscription in your Apple Account settings. Cancelling stops future renewals and you keep Pro access through the period you have already paid for. We cannot cancel an App Store subscription on your behalf.
• Refunds. Refunds for App Store purchases are handled by Apple under its own policies, not by us.

C. All subscriptions

• Changes. We may change our prices; changes apply to future billing periods, and we will give reasonable notice.
• Taxes. Fees are exclusive of applicable taxes, which are your responsibility.

5. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and disclose information, and that your information is processed in the United States.

6. Security

We care about the security of your information and use end-to-end encryption to protect your content. However, no method of transmission or storage is completely secure, and we cannot guarantee that unauthorized parties will never defeat our security measures. You use the Service at your own risk, and you are responsible for safeguarding your recovery phrase and account credentials.

7. Third-party links and services

The Service may link to or rely on third-party websites and services we don't control (for example, our authentication and payment providers). We are not responsible for their content or practices, and this Agreement and our Privacy Policy do not apply to them. Your dealings with third parties are solely between you and them.

8. Copyright (DMCA)

We respect intellectual-property rights. If you believe content accessible through the Service infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to unclearapp@gmail.com (Attn: DMCA Notice, What Color LLC). Note that because user content may be end-to-end encrypted, we may be unable to view or remove specific content, though we may suspend or terminate accounts of repeat infringers. Knowingly misrepresenting that material is infringing may subject you to liability.

9. Indemnity

You agree to defend, indemnify, and hold harmless What Color LLC and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (i) your use of the Service; (ii) Your Content; (iii) your violation of this Agreement; (iv) your violation of any third-party right; or (v) your violation of any applicable law.

10. No warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHAT COLOR LLC OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR DATA, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE — INCLUDING ANY LOSS OF DATA RESULTING FROM A LOST RECOVERY PHRASE. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Assignment

You may not assign or transfer this Agreement. We may assign it without restriction. Any attempted transfer in violation of this section is void.

13. Governing law and disputes

You agree that the Service is deemed based in New Jersey. This Agreement is governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Except as otherwise agreed, any dispute arising from the Service will be resolved exclusively by a court of competent jurisdiction located in New Jersey, unless submitted to arbitration.

Arbitration. For any claim (excluding claims for injunctive relief) under $10,000, either party may elect binding, non-appearance-based arbitration through a mutually agreed alternative dispute-resolution provider, conducted by phone, online, or in writing.

14. General

This Agreement, together with the Privacy Policy, is the entire agreement between you and What Color LLC regarding the Service. If any provision is found invalid, the rest remain in effect. Our failure to enforce a provision is not a waiver. We may provide notices to you by email, by posting on our website, or in-app. Questions? Email us at unclearapp@gmail.com.

15. Additional terms for App Store downloads

This section applies only if you obtained our iOS app from the Apple App Store. Apple requires it, and where it conflicts with anything else in this Agreement, this section controls for that app.

• This Agreement is with us, not Apple. This Agreement is between you and What Color LLC only. Apple is not a party to it, and we, not Apple, are solely responsible for the app and its content.
• Scope of license. We grant you a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. We are solely responsible for any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
• Warranty. We are solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property. If a third party claims that the app or your possession and use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
• Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it, Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.
• Contact. Direct any questions, complaints, or claims about the app to What Color LLC at unclearapp@gmail.com.