MyPaintBuckets User License Agreement (ULA)

1. Introduction

This User License Agreement (“Agreement”) governs the use of the MyPaintBuckets software-as-a-service platform (“Service”) provided by My Paint Buckets LLC (“Licensor”), a Florida limited liability company.

By accessing or using the Service, Subscriber agrees to be bound by this Agreement.

The Service is offered exclusively within the State of Florida and is not available in jurisdictions where data-sale or data-processing restrictions apply.

2. Definitions

“User Data” means all information, content, files, project data, usage activity, metadata, photos, documents, or materials submitted to or generated through the Service.

“Derived Data” means any analytics, insights, reports, models, or derivative works generated by Licensor from User Data.

“Aggregated Data” means User Data combined with other data and processed such that individuals or Subscribers cannot be reasonably identified.

“Commercial Data Use” means Licensor’s use, processing, analysis, distribution, or disclosure of Data for lawful business purposes, including analytics, benchmarking, product development, and industry insights.

“Geographically Restricted Jurisdiction” includes California, Colorado, Connecticut, Utah, Virginia, Canada, the European Union, and the United Kingdom.

“Data” collectively includes User Data, Derived Data, Aggregated Data, metadata, and any information accessible to or generated by the Service.

3. Eligibility and Geographic Limitation

The Service is offered exclusively to residents of Florida. Subscriber represents that all Authorized Users are residents of and accessing the Service from Florida.

The Service is not offered in any Geographically Restricted Jurisdiction.

Any misrepresentation of residency is a material breach and may result in immediate termination.

4. Content Ownership and License Grant

Subscriber retains ownership of original User Data.

Subscriber grants Licensor a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to access, use, reproduce, modify, distribute, analyze, process, store, retain, disclose, and create derivative works from User Data for any lawful business purpose, including Commercial Data Use.

Licensor owns all Derived Data and Aggregated Data. Licensor may retain, use, or disclose such data without limitation, including after account termination.

No compensation is owed to Subscriber for the use of Data as permitted by this Agreement.

5. Commercial Use of Data

Subscriber authorizes Licensor to use Data for Commercial Data Use, which may include disclosure to third-party partners for analytics, research, benchmarking, operational insights, or other lawful business purposes.

Licensor may disclose Data indirectly through aggregated or derived outputs, industry insights, or analytical reporting.

6. Confidentiality

Confidential Information does not include Data for which Subscriber has granted rights under Sections 4 and 5.

Licensor may use and disclose such Data in accordance with this Agreement.

7. Access and Security

Licensor will use commercially reasonable security measures. Subscriber is responsible for safeguarding login credentials.

Unauthorized access must be reported immediately.

8. Termination and Data Retention

Upon termination, Licensor may retain and continue to use Data, including User Data, Derived Data, and Aggregated Data, for lawful business purposes.

Subscriber may request return of original uploaded User Data within 90 days of termination.

9. Waiver of Claims Related to Data Use

Subscriber agrees that Licensor’s use, retention, processing, disclosure, or commercialization of Data in accordance with this Agreement shall not constitute a breach of any duty or obligation.

Subscriber waives any claims arising from such use.

10. Third-Party Services

The Service may integrate with third-party tools. Licensor is not responsible for third-party services or their data practices.

11. Payment Terms

Subscriber agrees to pay all applicable subscription fees. All fees are non-refundable.

12. Disclaimer of Warranties

The Service is provided “as is” without warranties of any kind.

13. Limitation of Liability

Licensor’s liability shall not exceed the amount paid by Subscriber in the six months preceding the claim.

Licensor shall not be liable for indirect, incidental, or consequential damages.

14. Arbitration and Waiver of Class Actions

All disputes shall be resolved through binding arbitration in Orlando, Florida.

Subscriber waives any right to participate in a class action.

15. Modifications

Licensor may amend this Agreement at any time. Continued use of the Service constitutes acceptance of the updated terms.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding use of the Service.