Terms of Use

These Terms govern the BrushCatalog iOS app and the brushcatalog.com website. They are written in plain English, and the section Apple requires for App Store apps is included in full.

Agreement

These Terms of Use (the "Terms") are a legal agreement between you and the operator of BrushCatalog ("we", "us"), and govern your use of the BrushCatalog app for iPhone and iPad (the "App") and the website brushcatalog.com (the "Site"). By downloading, installing or using the App or the Site you agree to these Terms and to our Privacy Policy. If you do not agree, do not use them.

You must be at least 13 years old (or the minimum age required in your country) to use the App. If you are under the age of majority, a parent or guardian must agree to these Terms on your behalf.

License to use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing and other sharing features may be available as set out by Apple.

You may not copy, modify, reverse-engineer, decompile or create derivative works of the App, except to the extent applicable law expressly permits it; rent, lease, lend, sell or redistribute the App; or remove any proprietary notices. The App is licensed, not sold, and we retain all rights not expressly granted.

The catalog and third-party content

The App and the Site are an independent showcase. The brushes, brush sets, preview images, descriptions and names listed in the catalog are created and owned by their respective authors. Except for the packs in the Curated section (which their authors released under open licenses such as CC0, CC-BY or GPL, and which we host with attribution), we do not host, sell or distribute brush files. Every "Download" or "Get" action opens the author's own page, and any download or purchase you make there is between you and that author or marketplace, under their terms and license.

We aim for the catalog to be accurate — prices, availability, file formats and app compatibility are collected automatically from public pages and may be out of date or wrong. Always check the author's page before relying on any listing. We may add, change or remove listings at any time and are not responsible for third-party content or sites.

If you are an author and want a listing corrected or removed, or believe a listing infringes your rights, email us with a link and we will act promptly — see Intellectual property.

Trademarks and non-affiliation

Procreate is a trademark of Savage Interactive Pty Ltd. Adobe and Photoshop are trademarks of Adobe Inc. Clip Studio Paint is a trademark of CELSYS, Inc. Krita is a trademark of Stichting Krita Foundation. Apple, the Apple logo, iPhone, iPad and App Store are trademarks of Apple Inc. All other names are the property of their owners. These names are used only to describe which software a brush set works with. BrushCatalog is not affiliated with, endorsed by or sponsored by any of these companies or by any brush author.

Acceptable use

You agree not to: use the App or the Site in any way that breaks the law or these Terms; scrape, crawl or bulk-download the catalog or its images except through our public sitemap for search-engine indexing; interfere with the service's operation or security; misrepresent your affiliation with us; or use the catalog to infringe the rights of brush authors.

Intellectual property

The App, the Site, their design, code, text, logo and the compilation of the catalog are our property and are protected by copyright and other laws. Third-party content remains the property of its owners.

Copyright complaints. If you believe content in the catalog infringes your copyright, send a notice to [email protected] including: the work you claim is infringed, a link to the listing, your contact details, a statement that you have a good-faith belief the use is not authorized, and a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act for the owner. We remove or disable access to infringing listings and, where appropriate, notify the source.

Purchases and subscriptions

The App may offer optional paid features or subscriptions through Apple's in-app purchase system. Prices are shown in the App before you buy. Apple handles billing, receipts, renewals and refunds under its own terms; we cannot see your payment details and cannot issue refunds ourselves — request them from Apple at reportaproblem.apple.com. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, and you can manage or cancel them in your Apple ID settings. Purchases of brush sets from authors are never made through the App and are governed by the author or marketplace you buy from.

Disclaimer of warranties

The App and the Site are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the service will be uninterrupted, error-free or secure, that listings are accurate or that any brush set will work in your software. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from your use of or inability to use the App, the Site or any third-party site or product reached through them. Our total liability for any claim relating to the App or the Site is limited to the greater of the amount you paid us in the twelve months before the claim and ten US dollars (USD 10). Nothing in these Terms limits liability that cannot be limited under applicable law, including for death or personal injury caused by negligence, or fraud.

Terms required by Apple

The following applies to the App, which is distributed through Apple's App Store:

1. Acknowledgement. These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Where these Terms are less restrictive than or conflict with the Apple Media Services Terms and Conditions, the Apple terms prevail for the App.
2. Scope of license. The license granted above is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims about the App should be directed to [email protected].
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the App (for example the terms of the marketplace or author's site you open from a listing).
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Termination

These Terms remain in effect until terminated. You may terminate them at any time by deleting the App and ceasing to use the Site. We may suspend or terminate your access if you breach these Terms. On termination the license ends and you must delete all copies of the App; the sections on intellectual property, disclaimers, limitation of liability and governing law survive.

Changes to the App and these Terms

We may update, change or discontinue the App or the Site, or any part of them, at any time. We may also revise these Terms; the "Last updated" date at the top shows the current version, and material changes will be announced in the App or in release notes. Continuing to use the App or the Site after a change means you accept the revised Terms.

Governing law

These Terms are governed by the laws of the country in which we are established, without regard to its conflict-of-law rules, and any dispute will be brought in the courts of that country — except that, if you are a consumer, you keep the protection of any mandatory consumer laws of the country where you live and may bring claims in its courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App and the Site.

Contact

Questions about these Terms: [email protected].