End User License Agreement (EULA) for Aura Books
Effective Date: October 19, 2024
This End User License Agreement ("Agreement") is a binding contract between you ("User") and Davis & Davis Development LLC ("Company"), the creator of the Aura Books application ("App" or "Application"). By downloading, installing, accessing, or using Aura Books, you agree to comply with and be bound by the terms of this Agreement. If you do not agree with these terms, do not use the Application.
1. License Grant
The Company grants the User a limited, non-exclusive, non-transferable, revocable license to install and use Aura Books solely for personal, non-commercial purposes. This license does not allow you to use the App for any commercial purposes without the Company's express written consent.
2. User Accounts and Email Collection
By creating an account in Aura Books, the User consents to provide a valid email address for login and identification purposes. The User agrees that the email address will be collected, stored, and used in accordance with the Company’s Privacy Policy, which forms part of this Agreement.
3. User-Generated Content
Aura Books allows Users to create, upload, and share book information, reviews, ratings, and other related content ("User Content"). By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, and sublicensable right to use, display, reproduce, modify, distribute, and create derivative works of the User Content in connection with the operation of the App. You represent and warrant that:
- You own the rights to the User Content or have the necessary permissions to grant the Company these rights.
- The User Content does not infringe or violate any third-party rights, including but not limited to intellectual property rights, privacy rights, or any other legal or moral rights.
4. Prohibited Activities
Users agree not to engage in any of the following prohibited activities:
- Attempting to gain unauthorized access to other User accounts or the App’s systems.
- Posting or uploading User Content that is offensive, defamatory, infringing, or otherwise unlawful.
- Engaging in any activity that disrupts the functionality of Aura Books or that negatively affects the experience of other Users.
5. Subscription Offerings
The Application may offer optional subscription plans with enhanced features and services. These subscriptions are subject to additional terms and conditions provided in-app and automatically renew unless canceled at least 24 hours before the end of the current period. Subscription terms and management options are accessible through the User’s app store account settings.
6. Privacy and Data Collection
The Company collects, uses, and stores User data, including email addresses and User Content, in accordance with its Privacy Policy. By agreeing to this EULA, you acknowledge that you have read and understood the Privacy Policy, which is incorporated into this Agreement by reference.
7. Intellectual Property Rights
All rights, titles, and interests in and to Aura Books, including but not limited to its content, features, trademarks, and underlying code, remain the exclusive property of the Company. Users are not permitted to copy, modify, distribute, or reverse-engineer any part of the App.
8. Termination
This Agreement is effective until terminated by either party. Users may terminate this Agreement at any time by deleting the App. The Company reserves the right to suspend or terminate access to the App if the User violates any terms of this Agreement.
9. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any damages arising out of or in connection with the use or inability to use Aura Books, including but not limited to data loss, revenue loss, or any other indirect, incidental, or consequential damages.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any disputes arising out of this Agreement shall be resolved exclusively in the courts of [Jurisdiction].
11. Modifications to the Agreement
The Company reserves the right to modify this Agreement at any time. Any changes will be posted within the App, and continued use of the App after the effective date of any changes constitutes acceptance of the new terms.
By using Aura Books, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.