Terms of Service

Last updated: July 12, 2026

These Terms of Service ("Terms") govern your access to and use of the Polish Index mobile application and any related services (the "Service").

1. Agreement to these Terms

These Terms govern your access to and use of the Service, operated by Code in Color, LLC, a Florida limited liability company ("Polish Index," "we," "our," "us").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

These Terms include a binding arbitration clause in Section 17 and a class action waiver in Section 17. Please read those carefully.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you must have permission from your parent or legal guardian.

At signup, you will confirm that you meet this age requirement. Polish Index is not intended for children under 13. See our Privacy Policy Section 9.

You must also have the legal capacity to enter into a contract where you live.

3. Your Account

3.1 Account creation

To use certain features (favorites, collections, Allergen Profile, and uploading content), you must create an account. You can sign up with an email and password, or with Sign in with Apple or Sign in with Google. You agree to:

• Provide accurate information.
• Keep your password and login secure.
• Notify us immediately of any unauthorized access.
• Be responsible for all activity under your account.

3.2 Account deletion

You can delete your account at any time:

• In the app: My Account, Account & Email, Delete account.
• On the web: https://polishindex.app/delete-account

Deletion is permanent. We will delete your personal information as described in the Privacy Policy.

4. License to Use the Service

Subject to your compliance with these Terms, Polish Index grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.

4.1 What you may not do

You may not:

• Copy, modify, reverse engineer, decompile, or create derivative works of the Service.
• Scrape, harvest, or extract our database. This is our proprietary index, even though individual facts within it are not copyrightable.
• Use automated tools (bots, scrapers, crawlers) without our written permission.
• Use the Service to violate any law or another person's rights.
• Use the Service to send spam, malware, or harmful code.
• Use the Service to harass, threaten, defame, or harm others.
• Use the Service to infringe intellectual property rights.
• Impersonate anyone or misrepresent your affiliation.
• Interfere with or disrupt the Service or its infrastructure.
• Attempt to gain unauthorized access to any account or system.
• Use the Service to build or assist a competing product.

5. User-Generated Content (UGC)

5.1 What UGC means

"UGC" means any content you submit, upload, post, share, or transmit through the Service: photos, reviews, dupe notes, profile pictures, text submissions, comments, ratings, and similar content.

5.2 You retain ownership

You keep all rights you have in your UGC. We do not claim ownership of your photos, reviews, or other contributions.

5.3 License you grant to us

By submitting UGC, you grant Polish Index a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, display, reproduce, distribute, modify (for technical purposes such as resizing or format conversion), and create derivative works of your UGC, solely:

• To operate, provide, and improve the Service.
• To display your UGC to other users of the Service.
• To promote the Service (limited promotional use only; we will ask for separate permission for major marketing campaigns).

This license continues until you delete your UGC or your account, except where the law requires us to keep it, or where your UGC has already been shared by other users in ways we cannot recall.

5.4 Your representations about UGC

By submitting UGC, you represent and warrant that:

• You own or have the necessary rights to all UGC you submit.
• Your UGC does not infringe any third party's copyright, trademark, privacy, publicity, or other rights.
• You did not download the content from brand websites, Instagram, Pinterest, or other sources. You upload only photos you personally took and own.
• Your UGC complies with these Terms and applicable law.
• Your UGC is not harassing, defamatory, obscene, threatening, or otherwise objectionable.

5.5 Zero tolerance for objectionable content

There is no tolerance for objectionable content or abusive behavior on the Service. To keep the community safe, we provide:

• Content filtering: we take steps to filter objectionable material from being posted.
• Reporting: you can report objectionable content using the in-app Report button, or by emailing support@polishindex.app. We aim to review reports and act within 24 hours, which may include removing the content and removing the user who posted it.
• Blocking: you can block another user so you no longer see their content or interactions. You can manage blocked users in My Account, Preferences, Blocked Accounts.

These mechanisms are required by Apple App Store Guideline 1.2 for any app with user-generated content.

5.6 Indemnification for UGC

You agree to indemnify and hold harmless Polish Index from any claim, loss, or damage (including reasonable attorneys' fees) arising from your UGC or your breach of Section 5.4.

5.7 We may remove UGC at our discretion

We reserve the right (but have no obligation) to monitor, review, or moderate UGC, to remove or refuse any UGC that violates these Terms or the law, and to suspend or terminate accounts of repeat violators.

We are not the publisher of UGC submitted by users. Under Section 230 of the Communications Act (47 U.S.C. § 230), we are not legally responsible for content created by third parties.

6. Intellectual Property

6.1 Polish Index content

The Service, including the app design, code, logos, trademarks (including the Polish Index™ wordmark), database structure, original artwork, and editorial content, is owned by Polish Index and protected by United States and international intellectual property laws.

You may not use our trademarks without our written permission, except as these Terms expressly allow.

6.2 Third-party brand names, product names, and product images

Polish Index is a discovery and reference database. We display:

• Brand names (for example OPI, Essie, DND, Holo Taco), used descriptively to identify products. Brand names are the property of their respective owners. No affiliation or endorsement is implied.
• Product names, shade numbers, and hex codes. These are facts and are not copyrightable. We use them to identify products.
• Brand product images, displayed either by self-hosting under an active affiliate or brand license, or by linking directly to the brand's own content delivery network (hotlinking), with a per-photo brand attribution caption.

In all cases, brand product images remain the property of their respective owners. Per-photo attribution captions identify the rights holder.

Polish Index is not affiliated with, endorsed by, or sponsored by any nail polish brand listed in the Service.

6.3 DMCA notice and takedown

Polish Index complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe content on the Service infringes your copyright, send a written notice to our designated DMCA agent that includes:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim has been infringed.
3. Identification of the material you claim is infringing, with enough detail for us to locate it (a link, screenshot, or path).
4. Your contact information (mailing address, phone number, email).
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

DMCA Designated Agent:

(Registered with the U.S. Copyright Office at copyright.gov/dmca-directory.) Our full copyright and takedown policy is available at our DMCA / Copyright Policy.

6.4 Counter-notice

If you believe content you submitted was removed in error, you may file a counter-notice. The required contents are set out in 17 U.S.C. § 512(g) and in our DMCA / Copyright Policy.

6.5 Repeat infringer policy

We will terminate the accounts of users who, in our reasonable judgment, are repeat infringers. A "repeat infringer" includes any user who is the subject of two or more substantiated DMCA takedown notices.

7. Subscriptions and Paid Features (Polish Index Pro)

Polish Index offers a free tier and a paid subscription, Polish Index Pro. The following terms apply to Pro.

7.1 Subscription terms

• Polish Index Pro is an auto-renewing subscription, available in the billing periods shown on the subscription screen (for example weekly, monthly, or annual).
• Each subscription provides ongoing access to Pro features for its period and renews automatically unless you cancel at least 24 hours before the end of the current period.
• You are charged through your Apple ID (on iOS) or your Google Play account (on Android). Your payment method is billed at confirmation of purchase.
• The price, billing period, and what you get for the price are shown clearly on the subscription screen before you purchase. Prices may change, and we will give notice and obtain consent where the platform or the law requires it.

7.2 Free trial (if offered)

• If we offer a free trial, the trial converts to a paid subscription automatically at the end of the trial period unless you cancel before it ends.
• We will state the trial length and the price after the trial clearly on the subscription screen before you start the trial.
• Any unused portion of a free trial is forfeited when you buy a subscription, where applicable.

7.3 Cancellation

• You can cancel anytime:
  • iOS: Settings, your Apple ID, Subscriptions.
  • Android: Google Play, Account, Subscriptions.
• Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for the unused part of a period.

7.4 Refunds

• Refunds for subscriptions purchased through the App Store or Google Play are handled by Apple and Google under their own refund policies. We cannot directly issue refunds for those purchases.

7.5 Changes to Pro features

• We may add, change, or remove Pro features over time. We will not materially reduce the core value of an active subscription without notice.

8. Affiliate Links and Disclosures (planned for a future version)

Buy links and affiliate links are not part of the initial release of Polish Index. They are planned for a later version.

When that feature launches, some product pages may include a Buy link to a brand's own website or to Amazon. If you make a purchase after tapping such a link, we may earn a commission, at no additional cost to you. When affiliate links go live:

• Each Buy link will display a clear affiliate disclosure next to it.
• We will only include Buy links where we have an affiliate relationship (Amazon Associates, or a brand's own affiliate program).
• We will not share your Polish Index account information with the seller or affiliate program.

See our Privacy Policy Section 6 for details.

9. Color Accuracy Disclaimer

Polish Index displays approximate color representations of nail polishes using hex codes derived from product photos and brand-stated specifications. Actual polish color may vary due to:

• Your device screen calibration and color temperature.
• Lighting conditions.
• Skin tone underneath.
• Number of coats applied.
• Base coat and top coat layering.
• Polish age and storage.
• Application technique.

Polish Index does not guarantee color accuracy. Use hex codes and swatches as a reference, not as a guarantee of how a polish will appear on your nails.

10. Allergen Profile, Not a Medical Tool

The optional Allergen Profile feature filters polishes based on sensitivities you report yourself. It is informational only and is NOT a medical, diagnostic, or safety tool.

• We make no representation that polishes filtered by your Allergen Profile are safe for you.
• We make no claim about the medical accuracy of allergen filtering.
• Always consult a medical professional about allergic reactions.
• Always read the full ingredient list on the actual product before use, especially if you have a known sensitivity.
• Manufacturer ingredient lists can change without notice, and our data may be incomplete or out of date.

Polish Index is not a substitute for medical advice, diagnosis, or treatment. You assume all responsibility for your use of the Allergen Profile feature.

11. No Health or Safety Claims

We do not claim that any polish is "safe for pregnancy," "non-toxic," "hypoallergenic," "medical grade," or similar, unless that claim comes directly from the manufacturer and is clearly attributed.

We do not rank polishes as "safe" versus "unsafe." Clean-beauty certifications (vegan, cruelty-free, N-free) shown in the Service are reported by the manufacturer, and we do not independently verify them.

12. Apple and Google (platform terms)

You are downloading Polish Index from the Apple App Store or Google Play. You acknowledge that:

• These Terms are between you and Polish Index only, not with Apple or Google.
• Apple and Google are not responsible for the Service or its content, and have no obligation to provide support or maintenance for it.
• If the app fails to conform to any applicable warranty, you may notify Apple, and on iOS Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the app.
• Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.

13. Termination

13.1 By you

You may stop using the Service and delete your account at any time. See Section 3.2.

13.2 By us

We may suspend or terminate your access, with or without notice, if you violate these Terms or the Privacy Policy, if you engage in activity we believe is harmful to others or to the Service, if you are a repeat infringer (Section 6.5), or where the law requires it.

13.3 Effect of termination

Upon termination, your right to access the Service ends, and we may delete your account and UGC (subject to legal retention obligations). Provisions that by their nature should survive (intellectual property, indemnification, disclaimers, limitation of liability, and arbitration) will survive.

14. Changes to the Service

We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation. This includes our practice of keeping discontinued polishes in the index with a label rather than promising any polish remains available for purchase.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before the changes take effect. Continued use of the Service after the changes take effect means you accept them.

16. Disclaimers

17. Dispute Resolution, Arbitration, and Class Action Waiver

17.1 Informal resolution first

Before filing a formal claim, contact us at legal@polishindex.app and we will try to resolve it informally.

17.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved through binding arbitration, except as provided in Section 17.4. Arbitration will be administered by [arbitration administrator, set by attorney] under its applicable rules. The arbitration will take place in [location, set by attorney]. The arbitrator's decision will be final and binding.

17.3 Class action waiver

17.4 Exceptions

The arbitration requirement does not apply to small-claims court actions within the jurisdictional limit, actions to enforce intellectual property rights, or claims that arbitration is unenforceable under applicable law.

17.5 Opt-out

You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing legal@polishindex.app with the subject "Arbitration Opt-Out" and your account email.

18. Limitation of Liability

19. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles.

20. Severability

If any provision of these Terms is found unenforceable, the remaining provisions stay in full force.

21. Entire Agreement

These Terms, together with our Privacy Policy, are the entire agreement between you and Polish Index regarding the Service. They supersede any prior agreements.

22. No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

23. Assignment

You may not assign or transfer your rights under these Terms. We may assign or transfer our rights and obligations without your consent.

24. Contact

Polish Index, operated by Code in Color, LLC.

• Support: support@polishindex.app
• Legal and DMCA: legal@polishindex.app
• Mailing address: 611 S. Ft. Harrison Ave #220, Clearwater FL 33756