Terms of Service

1. Who we are and what these terms cover

Wabihana ("Wabihana", "we", "us") is a paint-by-numbers app that turns photos you upload into numbered colouring scenes you can paint at your own pace. Wabihana is operated as an individual sole proprietorship based in Vietnam. These Terms of Service (the "Terms") are a contract between you and us. They apply to your use of the Wabihana website, web app, mobile apps, and any related services (together, the "Service").

By creating an account, signing in as a guest, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority where you live, you may only use the Service with a parent or guardian's permission. We do not knowingly collect personal information from children under 13; if we learn that we have, we will delete it.

3. Accounts and guest mode

You can use most of the Service as a guest with a device-local identifier. Signing in with Google, Apple, Telegram, or an email magic link creates an account and lets you back up your work, sync across devices (Pro), and recover your balance if you change devices.

You are responsible for keeping your sign-in credentials safe. You may not share an account or impersonate another person. We may suspend or terminate accounts that breach these Terms (see section 15).

4. Your content

You keep all rights in the photos you upload and the paintings you create ("Your Content"). You grant us a limited licence to store, process, and display Your Content to you for the purpose of running the Service — for example, to generate the paint-by-numbers scene, render it on your screen, and (for Pro users) back it up to your account.

You promise that you have the right to upload Your Content and that doing so does not violate anyone's rights or applicable law. We generally delete original uploaded photos from our servers within 24 hours of successful processing, subject to temporary backups, security logging, legal obligations, and technical limitations (for example, a backup snapshot rotating out over a few days, or a copy preserved for a specific moderation or legal request). Derived assets — the colour-by-numbers scene, the index map, and the thumbnail — are kept so the painting stays playable.

Uploads may be processed by automated moderation systems and, where necessary, reviewed by trained human moderators for safety, legal compliance, and abuse prevention.

5. Content rules and moderation

You must not upload or use the Service to create content that:

• depicts the sexual abuse or exploitation of minors (CSAM);
• contains sexually explicit material involving any real person;
• depicts gratuitous violence, gore, or self-harm;
• infringes someone else's copyright, trademark, or other rights;
• harasses, threatens, or defames another person;
• promotes terrorism, hate, or other unlawful activity.

Every upload is checked automatically. We run an industry-standard CSAM hash match against PhotoDNA / NCMEC datasets on every upload regardless of account tier; matches are blocked and reported to the appropriate authorities as required by law. A general nudity / sexual-content classifier runs on uploads from free accounts. Pro users may choose a reduced automated-content-analysis mode for lawful content screening, but all uploads remain subject to CSAM detection and may be reviewed where required for safety, abuse prevention, or legal compliance. Edge cases are reviewed by a human moderator within 24 hours. If your upload is rejected, the tokens you spent are refunded automatically.

We may also disable a project, suspend an account, or remove content if we reasonably believe these rules have been broken.

5.1 Notice and appeals

If we remove content, restrict a project, or suspend an account, we will generally tell you what we did and why, unless we are legally prohibited from doing so or telling you would risk the safety of another person. You may appeal a moderation decision by emailing [email protected] within 6 months of the decision. We will review your appeal in good faith, respond within a reasonable period (typically within 14 days), and reinstate content or accounts where the decision was wrong. Where the EU Digital Services Act applies, you may also raise the dispute with a certified out-of-court dispute-resolution body or with your local authority.

6. Copyright complaints

We respect intellectual-property rights and take infringement notices seriously. This section sets out how to notify us if you believe content on the Service infringes a copyright you own or control.

6.1 Submitting a notice (US DMCA)

If you are a US rightsholder or wish to use the DMCA notice procedure, send a written notice to our designated agent at [email protected] that includes:

• an electronic or physical signature of the rightsholder or authorised agent;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and where it sits on the Service (a URL, project ID, or sufficient description to locate it);
• your contact information (name, address, telephone, email);
• a statement that you have a good-faith belief that the use is not authorised by the rightsholder, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rightsholder or authorised to act on their behalf.

We may forward your notice and contact information to the uploader. Knowingly false notices can lead to liability under 17 U.S.C. § 512(f).

6.2 Counter-notice

If your content was removed and you believe the removal was a mistake or misidentification, you can send a counter-notice to [email protected] that includes:

• your physical or electronic signature;
• identification of the material that was removed and where it appeared before removal;
• a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and
• your name, address, and telephone number, plus a statement that you consent to the jurisdiction of the federal court for your district (or, if you are outside the US, any judicial district in which we may be found) and that you will accept service of process from the person who submitted the original notice.

If we receive a valid counter-notice we may restore the content after 10–14 business days unless the original notifier files an action seeking a court order against you.

6.3 Repeat infringers

We terminate accounts of users who repeatedly infringe copyright or other intellectual-property rights. We may also remove or restrict access in other circumstances, with or without notice, where we reasonably believe it is necessary.

6.4 Notices from other jurisdictions

Rightsholders outside the US can use the same address — [email protected] — to submit notices under their local equivalents (e.g. the EU Copyright Directive, the UK Copyright, Designs and Patents Act). Please include the same kind of information described in section 6.1 so we can act on the notice promptly.

7. Tokens, purchases, and subscriptions

The Service uses an in-app token balance. Generating a painting costs tokens; painting itself is free, and once a scene is generated it stays in your gallery even if your balance reaches zero. Tokens are a limited, non-transferable, non-refundable in-app license to use the Service's features — they have no cash value and cannot be redeemed for money.

You can buy token packs or a Pro subscription. On the web, payments are processed by PayPal. PayPal handles the payment, card data, and 3-D Secure; Wabihana is the seller of record for your purchase, provides your receipt, and is responsible for collecting and remitting any applicable taxes (such as VAT or sales tax) where required by law. Prices shown are exclusive of any such tax unless stated otherwise. On mobile, purchases are processed by the platform store (Google Play, Apple App Store, or Telegram Stars) under that store's billing terms.

Pro subscriptions automatically renew at the price and cadence you selected (monthly or yearly) until cancelled. You can cancel at any time; cancellation stops the next renewal and leaves the current period active.

Refund rules are set out in our Refund Policy, which forms part of these Terms.

8. Ads

Free users see contextual ads in limited surfaces — for example, a banner under the home screen and an opt-in rewarded video that grants tokens. Ads never appear on the painting canvas while you are colouring. Pro removes every ad surface. In regions where local law requires it (EU, UK, EEA), ads only load after you provide consent through our cookie banner.

9. Acceptable use, export, and sanctions

When you use the Service, you agree not to:

• reverse engineer, decompile, or attempt to extract the source code, except to the extent the law expressly allows;
• scrape, harvest, or bulk-download other users' content;
• interfere with the Service's operation, including by attacking it, overloading it, or sending spam;
• resell access to the Service or use it to build a competing product;
• bypass token costs, daily-claim limits, ad gating, or moderation through automated or other means;
• use the Service in violation of applicable export, sanctions, or trade laws.

You represent and warrant that you are not located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic sanctions administered by the United States, the European Union, the United Kingdom, or the United Nations, including any countries, territories, persons, or entities subject to comprehensive sanctions under applicable law, as updated from time to time. You further represent that you are not listed on any applicable government sanctions or denied-party list (including the US OFAC Specially Designated Nationals list, EU consolidated list, or UK HM Treasury list). You also agree not to use the Service for any end-use prohibited by applicable export-control laws.

10. Privacy and international data transfers

Your privacy matters to us. How we collect and use personal information is described in our Privacy Policy, which forms part of these Terms. You can delete your account and request a copy of your data from Settings at any time.

Because Wabihana is provided over the internet and uses cloud service providers, your information may be processed and stored in countries other than the country where you reside — including, in some cases, the United States. Where required by law, we put appropriate safeguards in place for those transfers, such as the European Commission's Standard Contractual Clauses or the EU-US Data Privacy Framework where the receiving provider is certified. Details of who processes what, and where, are in the Privacy Policy.

11. Our intellectual property

Aside from Your Content, the Service — including the software, design, brand, demo-gallery scenes, and all related materials — is owned by Wabihana or our licensors and is protected by intellectual-property laws. These Terms do not grant you any right to use our trademarks or brand assets without our prior written consent.

12. Disclaimers and limitation of liability

The Service is provided "as is" and "as available". We do our best to keep it running smoothly but we do not warrant that it will always be available, uninterrupted, error-free, or that the generated paintings will meet any particular standard.

To the maximum extent allowed by law, our total liability to you for any claim arising out of these Terms or the Service is limited to the amount you paid us in the 12 months before the claim arose, or USD 50, whichever is greater. We are not liable for indirect, incidental, special, or consequential damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable consumer-protection law. If you are a consumer in the EU, UK, or EEA, you keep your statutory rights.

13. Service availability and force majeure

We are not liable for delays, interruptions, or failures of the Service caused by circumstances beyond our reasonable control. These include, without limitation, natural disasters, fire, flood, severe weather, pandemics, acts of government or regulators, war, terrorism, civil unrest, embargoes or sanctions, labour disputes, internet or telecommunications outages, and failures, throttling, or discontinuation of services by third-party providers we depend on (such as our cloud, payment, or email vendors). Where reasonable, we will work to restore the Service as soon as possible and will keep affected users informed.

14. Third-party services

Certain features of the Service rely on third-party providers, including cloud-hosting providers, payment processors, authentication providers, analytics services, content-moderation tools, and advertising networks. We are not responsible for outages, errors, or acts of those third-party providers, except where liability cannot be excluded under applicable law.

15. Suspension and termination

You can stop using the Service at any time and delete your account from Settings. We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if continuing to provide the Service to you would expose us to meaningful risk. Where reasonable, we will tell you why and give you a chance to respond first.

Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, copyright complaints, sanctions representations, governing law) do survive.

16. Changes to the Service and these Terms

We may update the Service over time — adding features, retiring others, fixing bugs. For changes that materially affect your rights, the subscription price, or the token economy, we will give you at least 30 days' notice in the app or by email before the change takes effect. For minor or technical updates (bug fixes, performance improvements, security updates), we may make changes without advance notice. Continuing to use the Service after a change takes effect means you accept the updated Terms.

We also reserve the right to suspend, discontinue, or retire the Service, or any feature of it, in whole or in part. Where we discontinue a paid feature you are actively using, we will give you reasonable notice and, where applicable, honour any refund or pro-rata rights required under consumer-protection law.

17. Governing law and disputes

Wabihana is operated as an individual sole proprietorship based in Vietnam. These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of the Socialist Republic of Vietnam, without regard to conflict-of-law rules. You and we agree to submit to the exclusive jurisdiction of the competent courts of Vietnam to resolve any such dispute.

Nothing in this section affects the mandatory consumer-law protections in the country where you live, including your right to bring proceedings in the courts of your country of residence where local law requires it.

18. Contact

Wabihana is operated by an individual sole proprietor residing in Vietnam.

For more contact information, please e-mail to: [email protected] or reach us at +840325370648.

See also: Pricing · Refund Policy · Privacy Policy.