By downloading, installing, or using the Foxxi mobile application ("App"), you agree to be bound by this User Agreement ("Agreement") and our Privacy Policy. If you do not agree to these terms, please do not use our App. This Agreement applies to all users, including without limitation users who are contributors of content, information, and other materials or services on the App.
Foxxi is a professional color picker tool that allows users to extract colors from images with pixel-level accuracy. The App supports multiple color formats including HEX, RGB, and HSL, and allows users to save favorite colors and view their color history. The App may be updated from time to time with new features and functionality.
Foxxi does not require users to create an account or log in to use the App. You can access all features of the App without providing any personal information. If we introduce account-based features in the future, you will be provided with separate terms governing those features.
You agree to use the App only for lawful purposes and in accordance with this Agreement. You agree not to:
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Foxxi or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:
Foxxi, the Foxxi logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Foxxi or its affiliates or licensors. You must not use such marks without the prior written permission of Foxxi.
The App may contain links to third-party websites or services that are not owned or controlled by Foxxi. Foxxi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Foxxi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOXXI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOXXI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOXXI DOES NOT WARRANT THAT THE APP, ITS SERVERS, OR E-MAIL SENT FROM FOXXI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL FOXXI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOXXI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
You agree to indemnify, defend, and hold harmless Foxxi, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your use of the App (including but not limited to infringement of third parties' proprietary rights or negligent or wrongful conduct).
Foxxi reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
Foxxi may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.
Any disputes arising out of or relating to these Terms or the App shall first be addressed through informal negotiation with Foxxi. If the dispute cannot be resolved through negotiation, any legal proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the federal or state courts located in San Francisco, California, United States.
You agree to submit to the personal jurisdiction of the courts located in San Francisco, California for the purpose of litigating all such claims or disputes.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Foxxi without restriction.
Any notices or other communications provided by Foxxi under these Terms, including but not limited to in connection with modifications to these Terms, will be given: (i) via email; or (ii) by posting to the App.
If you have any questions about these Terms, please contact us at: colorextracte@outlook.com