Terms of Service

These terms govern your access to and use of crayondreaming.com, our mobile applications, and any related services (the “Service”). The Service is operated by Skella & Co, an Australian business (“Crayon Dreaming”, “we”, “us”, “our”). By accessing or using the Service, you agree to be bound by these terms. If you do not agree, please do not use the Service.

These terms are written in English. We do not maintain translated copies; if you need them in another language, please use a translation tool of your choice. The English version prevails in the event of any conflict.

1. The Service

Crayon Dreaming lets you create custom colouring pages from text descriptions you supply, and optionally compile them into printed books we ship to you. Free and paid tiers are described on our Pricing page. We may add, change, or remove features from time to time.

We do not promise that the Service will be available without interruption, free of errors, or accessible from every location. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

2. Accounts

You may create up to 3 colouring pages without an account. To access full-resolution images, additional free creations, and printed books, you must create an account using a valid email address.

You are responsible for maintaining the security of your account. We authenticate via passwordless magic links sent to your email address. You must not share or transfer your account to another person, and you are responsible for everything done through your account.

You must be at least 16 years old, or have the consent and supervision of a parent or legal guardian, to create an account. If you are using the Service to create books for a child, you remain the account holder and are responsible for the content submitted.

3. Subscriptions and payments

Paid subscriptions are billed monthly or annually. Depending on how you subscribe, payment is processed through Stripe (web), Apple's App Store (iOS), or Google Play (Android). Prices are displayed in your local currency where supported. All prices include GST for Australian customers.

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

• Web subscriptions (Stripe). Cancel any time from your account settings on crayondreaming.com. Cancellation takes effect at the end of the current billing period.
• iOS subscriptions (App Store).Cancel any time in your iPhone or iPad Settings under Subscriptions. Payment and renewal are managed by Apple and subject to Apple's Licensed Application End User Licence Agreement.
• Android subscriptions (Google Play). Cancel any time in the Google Play Store under Subscriptions. Payment and renewal are managed by Google.

Refunds for web subscriptions are handled on a case-by-case basis. For App Store or Google Play subscriptions, refund requests must be made through Apple or Google directly. Nothing in this clause limits any non-excludable refund rights you may have under the Australian Consumer Law.

4. Printed books

Gift books and printed book orders are fulfilled by our print partner and shipped directly to the address you provide. Delivery times and shipping costs vary by location.

Once a book order is submitted for printing, it cannot be cancelled or modified. If your book arrives damaged or defective, contact us and we will arrange a replacement or refund consistent with your rights under the Australian Consumer Law.

5. Your content and prompts

5.1 What you submit.When you use the Service, you provide us with a description of an image you wish to have created (a “Prompt”). The illustrated page or book produced in response to your Prompt is referred to in these terms as your “Output”. Together, your Prompt and your Output are your “Content”.

5.2 Your ownership. Subject to these terms, as between you and Crayon Dreaming, you retain any rights you may hold in your Prompt. To the extent permitted by law, we assign to you our right, title, and interest (if any) in your Output, so you can colour it, print it, share it with family and friends, and gift it as a finished book.

5.3 Non-uniqueness.Because of the automated nature of image generation, Outputs may not be unique. Other users may receive Outputs that are similar to yours. Our assignment in clause 5.2 does not extend to any other user's Output.

5.4 Personal use. Your Output is licensed to you for personal, domestic, and household use. You may print, colour, gift, and share it with family and friends. You may not resell it, redistribute it commercially, sublicense it, or use it as part of any commercial product or training data set without our prior written consent.

5.5 Our brand. The Crayon Dreaming name, logo, website design, page templates, book templates, and all associated branding are our property and may not be used without our written permission.

6. Your representations and warranties

By submitting a Prompt and requesting an Output, you represent and warrant to us that:

• your Prompt is your own original expression and you have all rights, licences, consents, and permissions necessary to submit it;
• your Prompt does not direct, instruct, or request that we reproduce any work in which a third party holds copyright, including but not limited to fictional characters, illustrations, films, television programmes, books, songs, artworks, photographs, video-game characters, or logo designs, in which you do not hold a licence to reproduce;
• your Prompt does not direct us to depict, reproduce, or incorporate any registered trade mark, brand name, logo, or other sign of a third party without that party's authorisation;
• your use of the Output will not infringe the intellectual property rights, privacy rights, publicity rights, moral rights, or any other rights of any third party;
• your Content is not unlawful, fraudulent, threatening, abusive, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable;
• your Content does not depict, promote, or sexualise minors; and
• your Content complies with all applicable Australian laws and any laws of your jurisdiction.

You acknowledge that we rely on these representations and warranties when we create an Output for you.

7. Your indemnity obligations

To the extent permitted by law (including the Australian Consumer Law), you agree to defend, indemnify, and hold harmless Crayon Dreaming and its officers, directors, employees, contractors, agents, and successors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• any Content you submit, including any allegation that your Content or our creation of an Output in response to your Prompt infringes the intellectual property rights, trade mark rights, privacy rights, right of publicity, or any other rights of any third party;
• your use of any Output, including printing, sharing, distributing, selling, or gifting any printed product;
• any breach of the representations and warranties in clause 6;
• your violation of any applicable law; or
• any claim by a third party arising from your use of the Service or any product we produce for you.

This indemnity survives the termination of these terms.

Nothing in this clause limits or excludes any consumer guarantee applicable to you under the Australian Consumer Law that cannot be lawfully excluded.

8. Disclaimer about Outputs

8.1 No warranty of originality or non-infringement.We do not represent or warrant that any Output is original, unique, or free from infringement of any third party's intellectual property rights. Outputs are produced by an automated process and may, in some cases, bear similarity to existing works. You are solely responsible for assessing whether an Output is appropriate for your intended use.

8.2 No warranty of taste or suitability. We do not represent or warrant that any Output will meet your expectations, be suitable for any particular purpose, or be free from content you find offensive or inappropriate. The Service may decline to produce certain Outputs, modify a Prompt, or substitute content. We have no obligation to manually review each Output for taste or suitability before it is delivered to you.

8.3 Consumer guarantees. Nothing in these terms limits or excludes any guarantee or warranty that cannot be excluded under the Australian Consumer Law, including the guarantee that services will be provided with due care and skill (s 60 ACL).

9. Prohibited prompts and outputs

You must not submit any Prompt that requests, or would reasonably result in, an Output that:

• reproduces or substantially imitates a fictional character, mascot, or other creative work in which a third party holds copyright or trade mark rights, including (without limitation) characters from films, television, games, comics, or children's books published by others;
• depicts any real, identifiable person without their express consent, in a manner that is defamatory, false, sexually suggestive, or otherwise objectionable;
• reproduces or imitates any registered trade mark, brand name, logo, product design, or other identifier of a third party without that party's authorisation;
• is sexually explicit, pornographic, or depicts nudity in a sexualised context;
• depicts, promotes, or sexualises minors (including animated or illustrated depictions);
• depicts extreme violence, gore, torture, or abhorrent violent conduct;
• promotes or incites hatred, violence, or discrimination on the basis of race, ethnicity, religion, sex, sexual orientation, gender identity, disability, or national origin;
• is defamatory of any person or organisation;
• promotes self-harm, suicide, or dangerous activities;
• depicts or promotes the use of illegal drugs or weapons in a manner inappropriate for a children's product; or
• violates any applicable law, including Australian law and the laws of your jurisdiction.

10. Our content controls and moderation

We operate the Service as a children's product, and we maintain a layered system of controls to keep Content within these terms. You acknowledge and accept that:

10.1 Layer 1 – Automated prompt filtering. Before any Output is created, we run your Prompt through an automated content filter that screens for prohibited material across a number of categories, including (but not limited to) sexual content, violence, hate speech, self-harm, child exploitation, dangerous activities, and intellectual property belonging to third parties (such as well-known characters, brands, logos, and franchises). If the filter blocks your Prompt, we will tell you in general terms why so you can rephrase. The filter is updated regularly and may produce false positives or false negatives. The fact that the filter has not blocked a Prompt does not constitute our endorsement, approval, or warranty of the Prompt or any resulting Output, nor does it relieve you of your obligations under clauses 6 and 9.

10.2 Layer 2 – Your warranties and indemnity. Your warranties in clause 6 and your indemnity in clause 7 are an essential part of the bargain between us. By submitting a Prompt, you accept full responsibility for it, regardless of whether our automated filter blocked it.

10.3 Layer 3 – Our reservation of rights. We may, in our sole discretion and at any time without prior notice, remove or decline to process any Prompt or Output, suspend your access to the Service, cancel any order, refund any payment, or terminate your account if we reasonably believe that you have violated these terms, any applicable law, or any policy published by us. We may (but are not obliged to) monitor, review, filter, or block Prompts and Outputs. Our exercise or non-exercise of these rights does not limit your obligations under clauses 6 or 7.

10.4 Layer 4 – Takedown procedure.If we receive a complaint or notice alleging that any Output or printed product infringes a third party's intellectual property or other rights, we may immediately suspend production and/or shipment of that product while we investigate. If we are satisfied that an infringement has occurred, we may cancel the relevant order and will use reasonable endeavours to notify you. Our takedown procedure is set out in clause 13.

10.5 Reliance on you. Because the Service operates at scale and we cannot review every Prompt and every Output by hand, we rely on the combination of automated filtering and your contractual commitments under clauses 6, 7, and 9 to keep the Service safe.

11. Limitation of our liability

11.1 To the fullest extent permitted by law (including the Australian Consumer Law), our aggregate liability to you for all claims arising out of or in connection with these terms or the Service (whether in contract, tort, under statute, or otherwise) is limited, at our election, to:

• the total amount you paid us for the specific order or subscription that gave rise to the claim; or
• supplying the affected services again, or paying the cost of having the affected services supplied again.

11.2 To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or punitive loss or damage, including loss of profit, loss of data, loss of goodwill, or damage to reputation, whether or not we were advised of the possibility of such loss.

11.3 If our services are not ordinarily acquired for personal, domestic, or household use or consumption, we limit our liability for failure to comply with applicable consumer guarantees (at our election) to: (a) supplying the services again; or (b) paying the cost of having the services supplied again.

11.4 Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies to you under the Australian Consumer Law (or, where applicable, comparable consumer protection law in your jurisdiction) and that cannot lawfully be excluded, restricted, or modified. We do not seek to limit liability for death, personal injury, or any other matter where such limitation is prohibited by law.

12. Acceptable use

In addition to the prohibitions in clause 9, you agree not to:

• attempt to circumvent usage limits, the content filter, or abuse the free tier;
• use automated tools, bots, or scripts to access the Service, except for ordinary browser use;
• reverse-engineer, decompile, or attempt to extract the source code or training data underlying the Service;
• impersonate another person or misrepresent your identity;
• interfere with or disrupt the Service or its infrastructure; or
• use the Service in any way that could damage, disable, overburden, or impair it.

We reserve the right to suspend or terminate accounts that violate these terms, without notice.

13. Intellectual property complaints

13.1 We respect the intellectual property rights of others and expect users to do the same.

13.2 If you believe that any Output, page, or printed product created through the Service infringes your copyright, trade mark, or other intellectual property rights, please contact us at safety@skella.com.au with the following information:

• your name, address, and contact details;
• a description of the intellectual property right you claim has been infringed (and, if relevant, registration or filing details);
• a description of the specific content you allege infringes your rights and sufficient information for us to locate it (such as the URL, order number, or screenshot);
• a statement that you have a good-faith belief that the use is not authorised by the rights owner, its agent, or the law; and
• a statement that the information you have provided is accurate, and (where you are the rights owner or an authorised representative) that you are authorised to act on the rights owner's behalf.

13.3 We will acknowledge receipt of valid complaints within five business days and will take reasonable steps to investigate and, where appropriate, suspend or remove access to the relevant content. We may, in our sole discretion, decline to act on a complaint that is incomplete, lacks good faith, or appears designed to harass another user.

13.4 United States users – DMCA.If you are a United States rights holder and your complaint relates to copyright, you may wish to send your notice in a form that complies with the requirements of 17 U.S.C. § 512(c)(3). Our designated agent for receiving notices of claimed infringement under the United States Digital Millennium Copyright Act is registered with the U.S. Copyright Office and may be contacted at safety@skella.com.au.

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

15. Changes to these terms

We may update these terms from time to time. Material changes will be communicated by updating the “Last updated” date at the top of this page and, where the change is significant, by an in-product notice or email to your account email address. Your continued use of the Service after the change takes effect constitutes acceptance of the updated terms.

16. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without cause, in accordance with these terms. On termination, clauses 5 (your content), 6 (representations and warranties), 7 (indemnity), 8 (disclaimer), 11 (limitation of liability), 13 (IP complaints), 17 (governing law), and any other clauses that by their nature should survive will continue to apply.

17. Governing law and disputes

17.1 These terms are governed by the laws of Queensland, Australia.

17.2 You and we submit to the non-exclusive jurisdiction of the courts of Queensland (and any courts entitled to hear appeals from those courts). The non-exclusive nature of this clause means that, where the law of your home jurisdiction gives you a right to bring proceedings in your local courts as a consumer, that right is preserved.

17.3 If you are a consumer located outside Australia, you may have additional rights under the laws of your jurisdiction that these terms cannot override. Nothing in these terms is intended to limit such rights.

18. General

18.1 Entire agreement. These terms, together with our Privacy Policy and any pricing or order-specific terms presented to you at checkout, form the entire agreement between you and us regarding the Service, and supersede any prior agreements.

18.2 Severability. If any provision of these terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be read down to the minimum extent necessary.

18.3 No waiver. Our failure to enforce any right or provision of these terms does not waive that right or provision.

18.4 Assignment. You may not assign or transfer these terms without our written consent. We may assign these terms in connection with a merger, acquisition, sale of assets, or by operation of law.

18.5 Notices. We may give you notice through the Service, by email to your account email address, or by posting on our website. You may give us notice at safety@skella.com.au.

19. Contact us

If you have questions about these terms, contact Skella & Co:

• Email: safety@skella.com.au (intellectual property complaints, trust and safety) – for general support, see the contact options on our About page.
• Website: skella.com.au