myColorado™ Terms of Use

Thank you for your interest in the myColorado™  application (the “App”).  These terms of use (the “Terms of Use”) constitute an agreement between you and the State of Colorado (the “State”), acting by and through the Governor’s Office of Information and Technology (“OIT”) in relation to your download, installation and use of the App. Please read these Terms of Use carefully before you download, install or use the App. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing, or using the App immediately. 

Terms of Use / End User License Agreement

1. Changes to the Terms of Use. We reserve the right to change these Terms of Use at any time without notice to you by posting changes on https://mycolorado.gov/home (the “Website”) or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.

2. Must be 18 Years of Age. You must be 13 years of age or older to download, install and use the App. If you are under 18 and you wish to use, download, install, access or use the App, you must get consent from your parent or guardian before doing so. If you are a parent or guardian and believe your child is using the App without your consent, please let us know by contacting us here, and we will remove your child’s account.

3. Privacy. Any information provided through the App is treated in accordance with the myColorado App Privacy Policy, available https://mycolorado.gov/privacy-policy (the “Privacy Policy”). By downloading, installing or using the App, you hereby consent to the use of your information in accordance with the Privacy Policy.

4. Services Available through the App.  The App is designed to serve as a convenient resource for Colorado residents to access a variety of State services. That said, the App is not a replacement for State services made available through other online portals or physical offices. To that end, you may need to access certain services by visiting a particular agency’s website or office. In addition, you will not be denied or lose access to any State service to which you are legally entitled solely on the basis of your inability or unwillingness to use the App. By accessing the App you acknowledge the following:

a. Physical Identification Card Still Required. The myColorado Digital ID (the “Digital ID”) is provided for your convenience but does not replace your physical government-issued identification (such as a driver’s license or passport).  State and local law enforcement agencies are not required to accept your Digital ID, and while businesses are encouraged to accept the Digital ID, they are not required to do so.  State agencies and entities may continue to require you to present a physical government-issued identification – particularly in instances where doing so could help avoid the commission of fraud.  Accordingly, although the Digital ID in the App can serve as a convenient secondary source for your identification, for the time being, you should continue to carry government-issued identification.   

b. Digital ID Restricted to App.  To ensure the security of the App and State systems, and to prevent fraud, you may not store your Digital ID outside of the App.  OIT may block, terminate or revoke your access to the App if you attempt to store your Digital ID outside of the App.  

c. Access to Other State Services. Please note that although the App provides you access to various services offered by the State, these Terms of Use only apply to your use of the App, and not to the State services received through the App. Any State services delivered through the App are subject to the policies created by the State or government agency that is responsible for delivering the service. Accordingly, OIT may only respond to questions or concerns related to the App itself, and not the services accessed through the App. If you have any questions or concerns regarding a particular service offered by a State agency, you understand that you need to reach out to that agency directly to address your concerns.

5. User Obligations and Restrictions. By downloading, installing, or using the App, you agree: 

a. To comply with all applicable laws and regulations when using the App;

b. Not to use the app in any unlawful manner, for any unlawful purpose or in any manner not consistent with these Terms of Use, including but not limited to using the app for any fraudulent or malicious purpose;

c. Not to use the App for purposes of creating or maintaining a false or misleading identification;

d. Not to record, post or transmit any information or content through the App that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or otherwise objectionable, or that infringes on any third party rights; 

e. Not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App);

f. Not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.

g. Not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by any sharing function offered through the App;  

h. Not to replicate, distribute, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App; 

i. Not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

j. Not to remove any copyright, trademark or other proprietary rights notices from the App.

6. Use Within the United States. You acknowledge and agree that this App is intended for use within the State of Colorado, in the United States of America. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

7. License. The State hereby grants to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App for purposes of accessing your Digital ID and any other services or functions made available through the App. Any other use of the App is strictly prohibited. Except for the rights granted under these Terms of Use, the State retains all rights in and to the App, including any intellectual property rights contained therein.

8. Termination and Revocation. Your use of this App is a limited, non-exclusive, revocable privilege that is for your personal, non-commercial use only. OIT may suspend, terminate or revoke your access to the App at any time, with or without notice, for any reason, including, but not limited to, your failure to comply with these Terms of Use.  Your registration information may be deleted and removed from the App at any time without notice.  In short, nothing herein constitutes any promise, guarantee or warranty that the App will remain available to you. Please note that other state agencies may revoke access to privileges or services based on your misuse of the App, pursuant to their own policies and procedures. If you lose access to privileges or services offered by another state agency, please reach out to that state agency with any questions.

9. Disclaimers.  

a. General Disclaimer. YOUR USE OF THE APP (INCLUDING ANY ELEMENT OF THE APP) AND OF ANY APP CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE APP ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND. THE STATE HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

b. Availability and Defects. We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. 

c. Accuracy. We make no representation or warranty as to the completeness, accuracy or currentness of information or content provided in the App. Such information is also subject to change at any time without notice.

10. Jurisdiction and Venue. Your use of the App and these Terms of Use are governed by the laws of the State of Colorado, United States of America.  By using the App, you consent to the jurisdiction of the courts located in the City and County of Denver, Colorado for any action arising from these Terms.  Any dispute concerning User’s use of the App, the Terms, or any other matter arising out of User’s use of the App shall be resolved in a court of appropriate jurisdiction in the City and County of Denver, Colorado.

11. No Modification of Law. The content in the App does not create or modify any laws, regulations, guidance, or policies of the State or any of its agencies, departments, political subdivisions, or other entities.  To the extent these Terms of Use or any content or processes in the App conflict with any Colorado law or regulation, the Colorado law or regulation shall control.  Although this App may provide convenient access to, and routine processing of, common governmental services, nothing in this App constitutes a waiver by the State, nor any agency, political subdivision, or other governmental entity within the State, of any law, regulation, or ability to seek any government enforcement action, claim, or civil or criminal prosecution.  The State of Colorado, including its agencies and political subdivisions, reserves all rights to continue to enforce the laws and regulations of the State of Colorado, notwithstanding any content, information, or depictions in the App.   

12. Entire Agreement. These Terms of Use constitute the entire agreement between you and the State, and supersede any and all prior terms, agreements, representations, or warranties concerning use of the App.  

13. Severability. Any invalid or unenforceable provision in these Terms shall be deemed severed from this agreement to the extent of its invalidity or unenforceability, but only to the extent necessary to resolve the invalidity or unenforceability, and the remainder of this agreement will remain in full force and effect.   

14. No Waiver. The State’s failure to act with respect to any breach of these Terms does not constitute a waiver and shall not limit the State’s rights or remedies with respect to any such breach or subsequent breaches.  

15. Governmental Immunity. Notwithstanding all other provisions in these Terms, liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S.  No term or condition of these Terms shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.

CONSENT

By using the App, you acknowledge and accept these TERMS OF USE and agree to comply with and be bound by its rights, obligations, terms and conditions. 

Effective Date

The effective date of this policy is Aug. 16, 2022.