Swatchbook Additional Terms
Last updated as of
Jul 10, 2025
As part of our integrated offerings following our acquisition of Swatchbook, the following additional terms apply to your use of Swatchbook branded applications and services (the “Services”). The Swatchbook Additional Terms (the “Additional Terms”) are incorporated in reference to the General Terms of Use (“General Terms”) (the Additional Terms and the General Terms are collectively referred to as “Terms”). Capitalized terms not defined here have the same meaning as defined in the General Terms.
1. Definitions.
“Mobile Application” means the software application provided as part of the Services, which is designed for installation and use on mobile devices.
“Mobile Application Distributor" means a service or environment where Mobile Applications are made available for download and use by consumers.
“User Content” means (i) electronic data—including any text, data, information, models, images, designs, datasets, files, documents and other content and data—submitted or transmitted to, uploaded, stored, shared, retrieved, or processed by you when using Services; and (ii) any specific output generated by the Service that is based on any of the foregoing.
2. License to Use our Services.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including applications, asset management tools, asset sync utilities, mobile and AR applications, cloud-hosted environments, APIs, and related content, solely for your internal business needs.
3. Mobile Application License.
If you access the Services through Mobile Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the mobile application on wireless devices that you own or control, and to access and use the Mobile Application strictly in accordance with these Terms and the usage rules set forth in the applicable Mobile Application Distributors' terms of service. The license granted herein is limited to use on supported mobile operating systems (e.g., iOS, Android) and does not grant you any rights to the source code or underlying structure of the Mobile Application. All rights not expressly granted to you remain reserved by CLO.
You acknowledge that the Terms are between you and CLO only, and not with the Mobile Application Distributor, and CLO, and CLO is solely responsible for the Services and the content thereof. Mobile Application Distributor has no responsibility to provide maintenance or support services with respect to the Mobile Application.
If the Mobile Application fails to conform to any applicable warranty, you may notify the Mobile Application Distributor, and the Mobile Application Distributor may refund the purchase price (if any) for the Mobile Application. To the maximum extent permitted by applicable law, the Mobile Application Distributor will have no other warranty obligation with respect to the Mobile Application.
The Mobile Application Distributor is not responsible for addressing any claims you or any third party may have relating to the application or your possession and/or use of the Mobile Application, including (a) product liability claims, (b) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation.
The Mobile Application Distributor and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, the Mobile Application Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
4. User Content.
You retain ownership of and are solely responsible for your User Content. By creating, submitting, transmitting, posting, or otherwise making your User Content available, you acknowledge and agree that: (1) you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Content; (2) you assume all risks associated with your User Content; and (3) CLO, its Affiliates, agents, licensors, and their respective officers, directors, and employees shall not be liable for any User Content you use or transmit through the Service, including but not limited to any errors or omissions therein.
5. License to Use User Content.
You hereby grant CLO and its Affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to download, transmit, copy, collect, process, modify, arrange, reproduce, distribute, publicly perform, display, create a derivative work based on or otherwise use your User Content for administrative and demonstration purposes in connection with the operation, promotion and marketing of Services.
You hereby grant CLO and its affiliates a worldwide, non-exclusive, royalty-free, perpetual license to collect, process, modify, arrange, aggregate, and analyze data relating to User Content, and to use such data for the purposes of our commercial exploitation, including, without limitation, statistical analysis, research, creation of new products or services, and/or improving the Services, provided that it is aggregated. For clarity, any new anonymized information or derivative works generated through analysis and/or other processing of data ("Derived Data") belongs to us. We own all proprietary and Intellectual Property Rights to Derived Data and such ownership rights shall survive termination or expiration of these Terms and/or any licenses issued hereunder.
6. Scheduled Maintenance.
CLO may perform scheduled maintenance from time to time to ensure the optimal performance, security, and reliability of the Services. CLO will use commercially reasonable efforts to provide advance notice of any scheduled maintenance that is expected to result in downtime. During such maintenance periods, access to the Services may be temporarily unavailable. CLO shall not be liable for any loss or damage resulting from such scheduled downtime.