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Terms of Use

Last Update: January 25, 2023

Room by Color (“Room by Color”, “we”, “us”, or “our”) is a New York State registered d.b.a. (doing business as) of Massforma Architecture, PLLC. The following terms and conditions (the “Terms of Use”) form a binding agreement between you and Room by Color, and govern your use of the website located at (the "Site”) and the services offered through the Site (the "Services”). For more details about specific services, please refer to supplemental terms and conditions in our other service agreements with you. 

By using the Site and Services, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. You accept email as the primary form of communication between Room by Color, you, your contractor, other building professional hired by you, and any third party concerning your order status and any other information related to the Services. You also agree to provide, keep current, maintain, and monitor your email and email address with Room by Color.

Room by Color may update the Terms of Use from time to time. Be advised to review the Terms of Use periodically for any updates. At our discretion, we may also notify you of certain updates by email associated with your account. Updates will be effective immediately for new users of the Site and Services. For existing users of the Services, updates will be effective thirty (30) calendar days following our posting of the updates.

We reserve the right to modify or discontinue the Site and Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and Services. If you object to any such changes, your sole recourse will be to contact us to discuss available options. Continued use of the Site and Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site and Services as so modified.

Contact Information

Massforma Architecture, PLLC dba Room by Color

33 West 60th Street, Floor 2, New York, NY 10023; (212) 333-3022


Room by Color provides architectural services for apartment renovations in New York City. Our services include:

Consulting. Remote architectural consulting service where we field architectural inquiries from you, with no long-term contractual obligation to develop any project beyond our preliminary opinions and/or sketches. Opinions and sketches are based on preliminary project information and require further development.

Starter Drawing Set. Basic architectural drawings documenting the project's scope of work that forms the basis for further project development. You are responsible for providing us an accurate survey of your space.

Construction Documents. Optional supplementary service to the Starter Drawing Set to furnish essential construction notes, dimensions, and architectural details relevant to the room and its essential function. We will also coordinate our drawings with other consultants.

Permit Set. Optional supplementary service to the Starter Drawing Set to prepare drawings and documents for a building permit application. We assume the role of your project's architect of record and filing representative to the building department with responsibilities to certify project compliance with approved permit documents.

Design Kit. Packaged room designs with essential drawings and product information for you to purchase the design's fixtures and finishes from third-party vendors. All purchase orders, including those executed on your behalf, are contracts between you and the third-party vendor.

Purchasing Agent Service. Optional supplementary service to the Design Curation to order fixtures and finishes on your behalf from our third-party vendor network.

Fees, terms and conditions for each service are governed by its own service agreement with you. We review each project for fitness with our services prior to accepting the project. We reserve the right to decline any project for any reason. We may request additional information from you and modify our services depending on your project's requirements. We begin our services when we receive the requisite payment and/or signed agreement.

Deliveries. You are responsible for coordinating the vendors' deliveries with your designated mover or contractor. Unless otherwise noted, products from purchase orders are delivered to the project address on record and must be received and signed by you. Upon delivery, you are responsible for safely transporting and storing the delivered products. Some products are only delivered to the curbside ("sidewalk delivery"), in which case you are responsible for hiring a qualified mover to safely transport them to a designated storage area. You are responsible for immediately inspecting all deliveries upon arrival for damages prior to accepting the deliveries, and to document any damages and report them immediately (within 48 hours of delivery) to the vendor, the delivery company, and to us if we are your purchasing agent.


You are responsible for obtaining all necessary approvals to safely transport or store the delivered products. Room by Color is not responsible for additional costs, delays, damages, or penalties resulting from your failure to hire a qualified mover or your failure to obtain the necessary approvals. You are responsible for all associated moving and storage costs, including but not limited to costs associated with labor, equipment, storage, permits, and insurance. You are responsible for following the appropriate care and storage instructions from the vendor or manufacturer.

Return and Refund Policy. We do not offer refunds for services and deliverables already performed or transmitted. No refunds allowed for the Design Curation once the list of fixtures and finishes have been conveyed to you.

Return, refund or replacement of products from purchase orders, whether damaged, defective or otherwise, are subject to the warranty and return policies of the product's respective vendor and manufacturer. We do not guarantee the satisfactory resolution of your claim with the vendor or manufacturer. At your request, we shall furnish relevant records for your claim with the vendor or manufacturer. We reserve the right to retain our compensation for services already performed, regardless of any returns, refunds or other resolutions reached between you and the vendor or manufacturer.

Disclaimer of Warranties. Room by Color is not a contractor, retailer, vendor, or manufacturer of building products and cannot guarantee the any estimated price as listed on the Site nor guarantee the quality and availability of any product or third-party services we recommend. We do not warrant any product purchased on your behalf. We are not responsible for costs, defects, delays or consequences related to your transactions with the vendor.

The Site and Services are provided by Room by Color “with all faults” and on an “as is” and “as available” basis. You agree that your use of the Site and Services is at your sole risk. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site and Services, or that defects in the Site and Services will be corrected. We specifically disclaim any liability associated with the use of the Site and Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content.


You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the content, information, drawings and materials made available or displayed by us through the Site and Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access Our Content, and Our Technology solely for your own personal, noncommercial use in connection to using our Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed in the Site and Services constitute trademarks, trade names, service marks or logos (“Marks”) of Room by Color or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third-party software provided in connection with the Services will be governed by such third-parties’ licenses and not by these Terms of Use.


You agree not to (i) take any action or (ii) make available any content on or through the Site and Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning or security of the Site and Our Technology in any way; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Room by Color, Our Technology, the Site, or the Services.


The Site may contain links to third-party websites ("Other Sites") that are not under Room by Color's control. Room by Color makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. Inclusion of such links in the Site does not imply endorsement by Room by Color of Other Sites or any association with the operators of such Other Sites. The Services may also contain links to websites that are affiliated with us but which operate under different terms of use. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third-party.


You acknowledge and agree that Room by Color is only willing to provide access to the Site and Services if you agree to certain limitations of our liability to you and to third parties. If you are dissatisfied with any portion of the Site, Services or Terms of Use, your sole and exclusive remedy is to discontinue use of the Site and Services.

You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or related to your use of or access to, or the inability to use or to access, the Site and Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. We will not be liable for any damages arising from any information appearing on any other site linked to the Services.

Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, equipment failures, electrical power failures, traffic delays, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third-parties.


Our total liability to you for all claims arising from or related to our Services is limited to one hundred U.S. dollars (U.S. $100).

Indemnity. You agree to indemnify, defend and hold harmless Room by Color, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants, licensors and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or the Services; (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Site or provide to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, bots or other similar harmful or deleterious programming routines input by you into the Site and Services.


These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of New York. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

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