Kaffeine
About Kanishka the person behind it

SketchPad Terms and Conditions

Last updated

Applies to: SketchPad for Android (Google Play Store) and SketchPad for iOS (Apple App Store)

1. Who you are contracting with

SketchPad is published by Kanishka Chakraborty, an individual developer based in Kolkata, West Bengal, India, operating under the trading name Kaffeine Software (“we”, “us”, “our”). “Kaffeine Software” is a trading name and Google Play publisher name; it is not a separately incorporated company.

Contact: kanishka.developer@gmail.com

2. Acceptance

By downloading, installing, or using SketchPad (the “App”) you agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the App.

If you are under the age of majority where you live, you may use the App only with the permission of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the App.

3. Relationship to Apple and Google store terms

These Terms are between you and us only. Neither Apple Inc. nor Google LLC is a party to them.

  • On iOS, your licence to use the App is also subject to the Usage Rules in Apple’s Media Services Terms and to Apple’s standard Licensed Application End User Licence Agreement. If any provision of these Terms conflicts with Apple’s applicable terms, Apple’s terms prevail for the iOS version of the App. Section 13 sets out additional Apple-specific terms.
  • On Android, your use is also subject to the Google Play Terms of Service. If any provision of these Terms conflicts with Google Play’s terms, Google Play’s terms prevail for the Android version of the App.

4. Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on a device you own or control, for your personal, non-commercial use.

Drawings you create are yours (see section 6) and you may use them commercially. The licence restriction above applies to the App itself, not to your artwork.

You may not:

  • copy, modify, adapt, translate, or create derivative works of the App;
  • reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
  • rent, lease, lend, sell, redistribute, or sublicense the App;
  • remove, alter, or obscure any proprietary notice in the App;
  • use the App for any unlawful purpose, or to infringe anyone else’s rights;
  • interfere with the App’s advertising, age, consent, or purchase mechanisms, or attempt to obtain paid features without paying for them.

5. Our intellectual property

The App — including its code, design, interface, illustrations, iconography, and branding — is owned by us and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership to you.

6. Your content

You retain all ownership of the drawings you create in SketchPad. We claim no licence over them. We never receive them.

You are solely responsible for what you create and for anything you choose to share. Before sharing, make sure you have the rights to any material you have incorporated and that you are not disclosing another person’s private information.

7. Age screen and advertising

On first launch the App presents a neutral age screen and asks for your date of birth. This is used on your device to apply age-appropriate purchase, privacy, consent, and advertising rules, and to comply with children’s privacy law. You agree to answer accurately. The exact date stays on your device.

The App is supported by advertising served through Google AdMob unless you own Remove Ads and are eligible.

You acknowledge that:

  • advertising may be displayed while you use the App;
  • advertising content is selected and controlled by Google, not by us, and we do not endorse it;
  • users under 18 receive only non-personalised advertising and are never shown full-screen advertising;
  • adult users may receive personalised advertising subject to consent, and on iOS subject to the App Tracking Transparency choice;
  • consent and tracking choices affect only which advertising you see — never your access to drawing, Save, Share, or purchases;
  • the App remains fully usable if advertising fails to load, is unavailable, or is removed by purchase.

If you see an advertisement you believe is inappropriate, do not click it. Use the ad’s own information or reporting control where one is provided, and you may also email us the date, approximate time, country, and platform.

8. Remove Ads (in-app purchase)

The App offers one optional, one-time, non-consumable in-app purchase that removes advertising.

  • iOS — sold and processed by Apple through your Apple Account.
  • Android — sold and processed by Google through Google Play Billing and your Google Account.

You acknowledge that:

  • payment, refunds, taxes, and transaction handling are managed by Apple or Google, not by us;
  • we do not receive, collect, store, or have access to your payment or billing information;
  • the purchase is tied to the store account and platform used to buy it, and does not transfer between the App Store and Google Play — buying on one platform does not remove ads on the other;
  • if the date of birth stored on your device indicates you are under 18, purchase and restore controls in Settings are hidden behind an adult verification challenge;
  • removing ads grants no rights beyond those in these Terms, and does not entitle you to future paid features;
  • ad-free layout may take effect from the next launch of the App.

Refunds are handled by the store that processed your purchase, under that store’s refund policy and any mandatory rights you have under consumer law. We cannot issue an App Store or Google Play refund directly.

Where consumer protection law in your country gives you a statutory right of withdrawal or refund, nothing in these Terms limits it.

9. Availability, updates, and support

We may release updates, and some updates may be required for the App to continue working correctly. Your device’s operating system and store settings control how updates are installed.

We may modify, suspend, or discontinue the App or any feature at any time. We are not obliged to maintain backward compatibility with every device or operating system version.

Support is provided on a reasonable-efforts basis by email at kanishka.developer@gmail.com, and through https://kaffeine.tech/sketchpad/support/. We are the sole party responsible for support; Apple and Google have no support obligation for the App.

10. Your data and backups

The App stores drawings and settings locally on your device. We do not back up your drawings and cannot recover them. Uninstalling the App, clearing its data, or losing the device may permanently remove artwork you did not export. Exported files remain wherever you saved or shared them.

You are responsible for maintaining your own backups of anything you care about.

11. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that the App will meet your requirements, that it will be available or uninterrupted, that defects will be corrected, or that it will be compatible with every device or operating system version.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded, including your statutory consumer rights.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, ARTWORK, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP AND ITS IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) TEN US DOLLARS (US$10).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.

13. Additional terms for the iOS version (Apple)

These provisions apply only to the App obtained from the Apple App Store, and are required by Apple.

  1. Acknowledgement. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
  2. Scope of licence. Your licence is a non-transferable licence 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.
  3. Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services.
  4. Warranty. 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 (if any) for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  5. Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and 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, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.
  7. Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that 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 kanishka.developer@gmail.com.
  9. Third-party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance 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.

14. Additional terms for the Android version (Google Play)

These provisions apply only to the App obtained from Google Play.

  1. These Terms are between you and us, not with Google. Google is not responsible for the App or its content.
  2. Google has no obligation to provide maintenance or support for the App.
  3. Google is not responsible for addressing any claims you or a third party may have relating to the App.
  4. You must comply with the Google Play Terms of Service and any applicable Google Play policies.
  5. In-app purchases are governed by Google Play’s payment and refund terms.

15. Termination

You may end these Terms at any time by uninstalling the App.

We may suspend or terminate your licence if you materially breach these Terms. On termination, your licence ends and you must stop using the App. Sections 5, 6, 10, 11, 12, 13, 16, and 17 survive termination. Termination does not entitle you to a refund except where required by law or by the applicable store’s refund policy.

16. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules.

Subject to the paragraph below, you and we agree to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.

Consumers: if you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law grants you the right to bring proceedings in your local courts or to the protection of your local mandatory consumer law, nothing in this section deprives you of those rights, and the choice of Indian law does not override mandatory consumer protections available to you at home. EU consumers may also use the European Commission’s online dispute resolution platform.

Before filing a claim, please email kanishka.developer@gmail.com so we can try to resolve the matter informally. We will make a good-faith effort to respond within 30 days.

17. General

Severability. If any provision is held invalid or unenforceable, the remainder continues in full force, and the invalid provision is replaced by a valid one that most closely reflects the original intent.

No waiver. Our failure to enforce any provision is not a waiver of it.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us concerning the App, and supersede all prior agreements, including the Terms dated January 4, 2026.

Assignment. You may not assign these Terms. We may assign them in connection with a transfer of the App, on notice via the store listing or the App.

Changes. We may modify these Terms. We will update the “Last updated” date and, for material changes, note them in the store release notes. Continued use after a change constitutes acceptance.

Geographical availability. The App is offered where the App Store and Google Play make it available. We make no representation that it is appropriate or lawful in every location; you are responsible for compliance with local law.

18. Contact

Kanishka Chakraborty (trading as Kaffeine Software) Kolkata, West Bengal, India
Email: kanishka.developer@gmail.com
Support: https://kaffeine.tech/sketchpad/support/