KHouse Branding Tool: Terms of Use Addendum

A1. What the App does

The App is where a KHouse branding client takes part in their brand project: writing brand words and suggesting combinations, liking or disliking reference studies KHouse has drawn, voting and commenting on each review round (concepts, lockups, palettes, patterns, wear tests, finals), uploading photos they took themselves for reference, and entering paint chips. KHouse draws everything shown in the App; the App itself generates nothing, and no stock or web images are used.

A2. Who may use it

You need a KHouse account, approval for this App, and to be added by KHouse to a project. You see only the projects you are a member of. Votes are accepted only while a round is open. A project usually belongs to one client organisation; the person who signed the Proposal is responsible for who from their side is added.

A3. Confidentiality (adds to base §4 and §6)

• Your side. Everything KHouse shows you in the App — reference studies, concepts, lockups, palettes, patterns, wear tests and the process itself (stages, prompts, review layouts) — is KHouse confidential information. Use it only to take part in your project. Do not share, post, screenshot for others or forward it outside the people on your project, except as the Proposal allows or after it becomes yours under A4.
• Our side. KHouse treats your unreleased brand (your words, comments, votes, photos and the work in progress) as your confidential information. Only members of your project and the KHouse administrator can see it. We will not disclose it except to the service providers in Part B, as the law requires, or as the Proposal allows.
• These duties do not cover information that is or becomes public through no fault of the receiving side, was already lawfully known, or is independently developed. They last for 3 years after the project closes unless the Proposal says otherwise.

A4. Who owns the work (changes base §6 for this App)

• Concepts and finals. Ownership of, and licences to, concepts and final deliverables are set by your Proposal. Until the Proposal's conditions are met (typically final payment), KHouse owns all work shown in the App.
• Unselected concepts. Concepts, studies and other work you do not select stay with KHouse, unless the Proposal says otherwise. You receive no right to use them, and KHouse may reuse, adapt or develop them for other work only in a form that does not identify you or reveal your unreleased brand.
• Method. KHouse's process, tools, templates, skills and know-how stay with KHouse in all cases.
• Your brand words, comments and votes stay yours as content (base §5); see A5 for what you allow us to do with them.

A5. The licence you give us for words and photos (adds to base §5)

For each project you give KHouse a non-exclusive, royalty-free, non-transferable licence to store, view, copy and use your brand words, combinations, comments, votes, paint chip choices and uploaded photos to carry out your project: as inspiration and reference while KHouse draws, for internal review, and to show them back to your project members.

• Photos are reference only. KHouse will not trace, copy, crop into, or incorporate any part of your photos into a mark, pattern or other deliverable, and will not publish them or use them in a portfolio or marketing without your separate written consent.
• The licence ends when the photos and project data are deleted under B5, except for copies in routine backups until they roll off and anything we must keep by law or for a dispute.
• KHouse may keep general know-how learned on your project that does not identify you.

A6. Your promises about photos (adds to base §5)

For each photo you upload you confirm that: (a) you took it yourself, or you own it or have permission to give us the A5 licence; (b) it does not infringe anyone's copyright, trademark, privacy or publicity rights; (c) any identifiable person in it agreed to its use for this purpose (avoid photos of people, children, licence plates, or other companies' logos where you can); and (d) it contains no confidential information of anyone else. Do not upload images found online. KHouse reviews photos before using them and may refuse or delete any photo. You indemnify KHouse under base §12 for a breach of these promises.

A7. Paint chips and trademarks

Paint brand names, colour names and colour codes you enter (for example Behr, Valspar, PPG, Glidden, Sherwin-Williams, HGTV Home, Benjamin Moore) are trademarks or names of their owners. They are used only to identify the colours you chose. KHouse is not affiliated with, sponsored by or endorsed by any paint maker or retailer. Screen colours and hex values are approximations of physical chips; check physical samples before printing or painting. Colour data may come from a third-party reference set whose availability may change.

A8. Accuracy of on-screen work

Images shown in the App are review copies. Colour, scale and detail may differ from final files, print and merchandise.

A9. Fees

Set by the Proposal. The App takes no payments.

A10. Changes to base sections

• Base §6 (our IP): replaced for project work by A4 and the Proposal.
• Base §1 order of precedence: the Proposal wins on the matters listed at the top of this Addendum.