Terms of use

1. The agreement

These terms are a legal agreement between you and ExactHue Pte. Ltd. (“ExactHue”, “we”, “us”), a private company limited by shares registered with the Accounting and Corporate Regulatory Authority (ACRA), Singapore, registered office 352 Yishun Ring Road, Singapore 760352.

By browsing exacthue.com, creating an account or calling the API, you accept these terms. If you are accepting on behalf of a company, you confirm you have authority to bind it, and “you” means that company.

Where you have signed a separate written order form or master agreement with us, that document takes precedence over these terms to the extent of any conflict.

2. Definitions

• Service — this website, the ExactHue console, the ExactHue Core API, the embeddable widget and related documentation.
• Customer Data — data you or your end users submit to the Service, including captures and catalogue information.
• Catalogue — the measured colour records representing your products.
• Match — one call to the match endpoint that returns a qualified result.
• End User — a shopper interacting with the Service through your storefront.

3. Accounts

You must provide accurate registration details and keep them current. You are responsible for all activity under your account and for keeping credentials confidential. API keys are scoped per environment; do not use a production key in a client-side context where it can be extracted.

Tell us promptly at security@exacthue.com if you suspect unauthorised access. We may suspend an account immediately where we reasonably believe it is compromised or is being used in breach of clause 5.

Accounts are for organisations, not individuals to share. Each person needing access should have their own credentials.

4. Licence and restrictions

Subject to these terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes and to display results to your End Users through your own properties.

You must not, and must not permit anyone else to:

• reverse engineer, decompile or attempt to derive the engine's models, weights or reference data;
• use the Service to build or train a competing shade-matching product;
• extract, scrape or systematically store our reference colour data or shade library;
• resell, sublicense or provide the Service to third parties except as expressly permitted for your own storefronts;
• circumvent rate limits, quotas or access controls;
• remove or obscure attribution or notices we reasonably require;
• misrepresent the Service's output as an independent laboratory certification.

5. Acceptable use

You must not use the Service:

• for facial recognition, identification, verification, surveillance or tracking of individuals;
• to infer or assert anyone's ethnicity, health, age or any other protected or sensitive characteristic;
• to make dermatological, diagnostic, medical or health claims of any kind;
• to process images of individuals without a lawful basis and, where required, their valid consent;
• to process images of children below the applicable age of digital consent;
• in any way that is unlawful, discriminatory, defamatory or infringing;
• to transmit malware or to attack, probe or degrade the Service or its infrastructure, except under our published responsible disclosure policy.

These restrictions are material. Breach entitles us to suspend or terminate immediately.

6. Your obligations as a customer

Where the Service processes End User personal data, you are the controller and we are the processor. You are responsible for:

• providing End Users with a privacy notice that accurately describes the processing;
• obtaining any consent your jurisdiction requires before a capture is submitted;
• honouring End User rights requests, with our reasonable assistance;
• configuring retention and residency settings appropriately for your obligations.

A data-processing agreement is available and forms part of this agreement where personal data is processed.

7. Customer data and catalogue

You retain all rights in Customer Data. You grant us a limited licence to process it solely to provide the Service, to secure it, and to comply with law.

We do not use captures to train or improve our models unless you have explicitly opted in under a separate written agreement. We may generate aggregated, de-identified statistics that cannot reasonably be linked to you or any individual, and use those to operate and improve the Service.

Your measured Catalogue is exportable to you in an open format at any time, and on termination. We think portability of that artefact is the fairest answer to the reasonable question of what happens if you stop working with us.

8. Intellectual property

ExactHue retains all rights in the Service, including the engine, models, reference data, shade library, documentation, and the ExactHue name and marks. Nothing here transfers ownership.

If you send us feedback or suggestions, we may use them without restriction or obligation. This does not give us rights in your Customer Data.

Pantone® is a trademark of Pantone LLC. References to Pantone products describe calibration targets we use and do not imply endorsement, affiliation or certification. CIE standards are referenced as published technical specifications. Third-party platform names are the marks of their respective owners.

9. Fees and payment

• Fees are as set out on the pricing page or in your order form, and exclude taxes, which you are responsible for unless you provide a valid exemption.
• Growth plans are billed monthly in advance, with overage billed in arrears. Enterprise agreements are billed as set out in the order form.
• Invoices are payable within 30 days. Overdue amounts may accrue interest at the statutory rate, and we may suspend the Service after 14 days' written notice of non-payment.
• Pilot fees are credited in full against the first twelve months if you continue to a paid plan.
• Except where required by law, fees are non-refundable. Where we terminate for convenience, we refund prepaid fees for the unused period.
• We may change list prices with 60 days' notice, effective at your next renewal, never mid-term.

10. Service levels and support

Service levels in detail — how downtime is measured, credit tiers and support response times →

Scheduled maintenance is announced at least 48 hours in advance and is targeted at low-traffic windows. Where we miss a committed uptime figure in a calendar month, your sole remedy is a service credit calculated as set out in your order form, applied against the following month.

“Downtime” excludes failures caused by your systems, your network, third-party platforms outside our control, or your breach of these terms.

11. Accuracy and no guarantee of outcome

We do not warrant any particular return rate, conversion rate, revenue outcome or match accuracy figure for your specific range. Any figures shown on this website are internal benchmarks or category references and are not a contractual commitment. Pilot read-outs describe measured results for that engagement and are not a forecast.

Output must not be presented to End Users as a guarantee, a laboratory certification or a medical assessment. You are responsible for the claims your storefront makes.

12. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care, and in accordance with the documentation in all material respects.

Otherwise, and to the maximum extent permitted by law, the Service is provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted or error-free.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

13. Limitation of liability

Subject to clause 12, and to the maximum extent permitted by law:

• neither party is liable for indirect, special, incidental, punitive or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings or data, however arising;
• each party's total aggregate liability arising out of or in connection with this agreement is limited to the fees paid or payable by you to us in the twelve months preceding the event giving rise to the claim;
• for free or sandbox use, our aggregate liability is limited to USD 100.

These limits do not apply to your payment obligations, to breach of clause 4 or 5, or to either party's indemnity obligations under clause 14.

14. Indemnity

You will indemnify us against third-party claims arising from your Customer Data, your breach of clause 5, or your failure to obtain a lawful basis or consent required for processing End User images.

We will indemnify you against third-party claims that the Service as provided by us infringes their intellectual property rights, provided you notify us promptly, allow us to control the defence, and cooperate reasonably. This does not apply where the claim arises from your Customer Data, your modifications, or use outside the documentation.

15. Term and termination

• Pilot — a fixed 90-day engagement.
• Growth — monthly, with a three-month minimum and 30 days' written notice to cancel.
• Enterprise — as set out in the order form, typically annual.

Either party may terminate immediately for material breach that is not remedied within 30 days of written notice, or on the other's insolvency. We may suspend immediately for a clause 5 breach or a security threat, and will tell you why.

On termination: your licence ends; you may export your Catalogue for 30 days; account data is deleted within 30 days unless retention is required by law; and clauses 7, 8, 12, 13, 14, 17 and 18 survive.

16. Changes to the service and these terms

We may modify the Service to improve it, provided we do not materially reduce core functionality during a paid term. API changes follow a versioning policy with a minimum 90-day deprecation window for breaking changes.

We may update these terms. For material changes we will give account holders at least 30 days' notice by email. If you do not accept a material change, you may terminate before it takes effect and receive a refund of prepaid fees for the unused period. Continuing to use the Service after the effective date means you accept the change.

17. Governing law and disputes

These terms are governed by the laws of Singapore, without regard to conflict-of-law rules. The courts of Singapore have exclusive jurisdiction, and both parties submit to that jurisdiction.

Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute through discussion between senior representatives for at least 30 days.

Nothing in this clause affects mandatory consumer-protection rights that apply to you in your country of residence, where such rights apply.

18. General

• Entire agreement — these terms, any order form and any data-processing agreement are the whole agreement, replacing prior discussions.
• Severability — if a provision is unenforceable, the rest continues in force.
• No waiver — failing to enforce a right is not a waiver of it.
• Assignment — you may not assign without our written consent; we may assign to an affiliate or in connection with a merger or sale of assets.
• Force majeure — neither party is liable for delay caused by events beyond reasonable control.
• Third parties — no one other than the parties has rights to enforce these terms.
• Notices — to us at legal@exacthue.com and our registered office; to you at your account email.

19. Contact

Legal notices: legal@exacthue.com
Commercial questions: partnerships@exacthue.com
Security: security@exacthue.com

ExactHue Pte. Ltd.
352 Yishun Ring Road
Singapore 760352

Registered with the Accounting and Corporate Regulatory Authority (ACRA), Singapore · Founded 2025.