Colorflare
ホームに戻る

Terms of Service

Effective Date: February 11, 2026

Last Updated: February 11, 2026

1. Acceptance of Terms

By accessing or using Colorflare (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice through a prominent notice within the Service before the changes take effect. Continued use of the Service after the notice period constitutes your acceptance of the revised Terms. We will indicate the date of the latest revision at the top of this page.

2. Description of the Service

Colorflare is a global social platform where users communicate exclusively through colors and emojis — without words, accounts, or personal profiles. Key features include:

  • Spaces — Shared rooms where users express themselves by selecting colors and posting emojis
  • World — A global color feed showing real-time contributions from users around the world
  • Sync Moments — Spontaneous events that occur when multiple users in a Space share the same color simultaneously
  • Device-Based Identity — Users are identified by a randomly generated UUID stored on their device. No account registration, email, password, or personal information is required.

The Service is currently provided free of charge. We may introduce paid features (such as tipping or donation functionality) in the future, with advance notice and updated terms.

3. Eligibility

You must be at least 13 years of age (or 16 in the EU/EEA) to use the Service. By using Colorflare, you represent that you meet this age requirement. We do not knowingly provide the Service to individuals under these ages.

4. User Conduct

By using the Service, you agree that you will not:

  1. Use the Service for any illegal, harmful, or fraudulent purpose
  2. Attempt to interfere with, disrupt, or overload the Service's infrastructure (including circumventing rate limits)
  3. Attempt to access administrative features, other users' data, or any non-public parts of the Service without authorization
  4. Use automated scripts, bots, or scrapers to access or interact with the Service without our prior written consent
  5. Reverse-engineer, decompile, or disassemble any part of the Service
  6. Exploit bugs or vulnerabilities in the Service for personal gain or to the detriment of others
  7. Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  8. Use the Service to harass, bully, or intimidate other users through patterns of abusive color or emoji usage

We reserve the right to suspend or terminate access for users who violate these Terms, at our sole discretion and without prior notice.

5. Intellectual Property

5.1 Our Intellectual Property

All rights, title, and interest in and to the Service — including its design, code, visual elements, branding, and underlying technology — are owned by or licensed to Colorflare's operator. These Terms do not grant you any right to use our trademarks, logos, or brand features without prior written consent.

5.2 User Content

Colors and emojis you post through the Service are minimal, non-unique expressions. By posting content through the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, display, and distribute such content as part of the Service's functionality (e.g., displaying colors in Spaces, generating Sync Moments, compiling aggregated statistics).

5.3 Third-Party Assets

Emoji graphics displayed in the Service are provided by Twemoji, which is licensed under CC-BY 4.0. Twemoji is a trademark of Twitter/X Corp.

6. Privacy

Your use of the Service is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect your data. By using the Service, you acknowledge that you have read and understood these policies.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE
  • NON-INFRINGEMENT
  • QUIET ENJOYMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
  • ANY DEFECTS IN THE SERVICE WILL BE CORRECTED

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLORFLARE'S OPERATOR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
  • COST OF PROCUREMENT OF SUBSTITUTE SERVICES

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED US DOLLARS (USD $100).

AS THE SERVICE IS CURRENTLY FREE, THIS EFFECTIVELY LIMITS OUR LIABILITY TO USD $100 FOR CLAIMS ARISING DURING ANY FREE-USE PERIOD.

8.3 Exceptions

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Liability arising from our willful misconduct (故意) or gross negligence (重過失)
  • Any liability that cannot be excluded under the Japanese Consumer Contract Act (消費者契約法)
  • Any liability that cannot be excluded or limited under applicable law (including mandatory consumer protection laws)

For the avoidance of doubt, “applicable law” includes mandatory consumer protection laws of your jurisdiction that cannot be overridden by contract, even when Japanese law is the governing law of these Terms. In jurisdictions where limitations of liability are restricted by mandatory consumer protection laws (including but not limited to the EU/EEA), our liability shall be limited to the maximum extent permitted by such applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Colorflare's operator and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  1. Your use of the Service in violation of these Terms
  2. Your violation of any applicable law or regulation
  3. Any third-party claim arising from your use of the Service

Indemnification Procedure

The indemnified party shall: (a) promptly notify you in writing of any claim; (b) give you sole control of the defense and settlement of such claim (provided that you may not settle any claim that imposes obligations on us without our prior written consent); and (c) provide you with reasonable cooperation at your expense. Failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent that such failure materially prejudices your ability to defend the claim.

This indemnification obligation shall not apply to the extent prohibited by mandatory consumer protection laws in your jurisdiction.

10. Service Modifications and Termination

10.1 Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.2 Termination

We may terminate or suspend your access to the Service immediately, without prior notice, if we reasonably believe that you have violated these Terms. Upon termination, your right to use the Service ceases immediately.

Since Colorflare uses device-based identification without account registration, “termination” may include blocking your device identifier from accessing the Service.

11. Future Paid Features

Colorflare may introduce paid features in the future, such as tipping or donation functionality. If paid features are introduced:

  • Additional terms governing payments, refunds, and cancellations will be provided
  • Use of paid features will require acceptance of those additional terms
  • We will provide advance notice before introducing paid features
  • Existing free features will remain available unless otherwise stated

Please refer to our Refund & Cancellation Policy for details on refund terms applicable to any future paid features.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at colorflare.app@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

If the dispute cannot be resolved informally, it shall be submitted to and finally resolved by binding arbitration, except as set forth below. The arbitration shall be conducted in accordance with the arbitration rules of the Japan Commercial Arbitration Association (JCAA). The seat of arbitration shall be Tokyo, Japan. The language of the arbitration shall be Japanese or English, as mutually agreed by the parties.

For claims under USD $10,000, we will pay all arbitration fees. For claims above USD $10,000, the arbitration fees shall be allocated in accordance with the applicable JCAA arbitration rules.

12.3 Class Action Waiver

YOU AND COLORFLARE'S OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to colorflare.app@gmail.com within thirty (30) days of first using the Service. If you opt out, the governing law and jurisdiction provisions in Section 13 shall apply.

12.5 Exceptions

This arbitration agreement does not apply to:

  • Claims that may be brought in small claims court
  • Injunctive or equitable relief for intellectual property infringement
  • Claims brought by consumers in the EU/EEA under applicable consumer protection laws, including but not limited to representative actions under the EU Representative Actions Directive (2020/1828). The class action waiver in Section 12.3 shall not apply to EU/EEA consumers to the extent prohibited by mandatory law.
  • Any claims where mandatory consumer protection laws in the user's jurisdiction prohibit binding pre-dispute arbitration

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Subject to the arbitration provisions in Section 12, the Tokyo District Court shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions or regulations, internet or telecommunications failures, power outages, third-party service provider failures, or cyberattacks. During any such event, our obligations under these Terms shall be suspended for the duration of the force majeure event.

15. Export Compliance

You represent that you are not located in, or a resident of, any country subject to comprehensive sanctions by the United Nations, the United States, the European Union, or Japan, and that you are not on any government-maintained list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any additional terms for paid features, constitute the entire agreement between you and Colorflare's operator regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 No Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any third party, unless expressly stated otherwise.

16.6 Electronic Communications

By using the Service, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17. Contact Us

If you have questions about these Terms, please contact us at:

Email: colorflare.app@gmail.com