IMPORTANT NOTICE: MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS END USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS THAT GOVERNS ANY DISPUTES ARISING FROM YOUR USE OF Aura Theme. THIS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT OR PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW SECTION 14 CAREFULLY BEFORE USING OUR SERVICES.
This Aura Theme End User Agreement (this “Agreement”), along with any incorporated policies, order forms, or schedules, constitutes a legally binding contract between you (the “User” or “you”) and Aura Theme and its affiliates (“Aura Theme,” “we,” “our,” or “us”) concerning your access to and use of the Aura Theme mobile application, website, software, and related services (collectively, the “Services”).
1. Contact Us
For any questions, legal notices, or support regarding this Agreement or our Services, you may contact us at:
Email: sharrbarrett8299302@gmail.com
2. Acceptance of Terms
By downloading, accessing, activating, or otherwise using Aura Theme, you represent and warrant that:
You are at least 18 years of age or have reached the age of legal majority in your jurisdiction of residence.
You have the legal capacity and authority to enter into this binding Agreement.
You accept and agree to be bound by all terms and conditions contained herein.
If you do not agree to these terms, you must not access or use the Services.
3. Modifications to the Agreement
We reserve the right to modify this Agreement at our sole discretion at any time, including to reflect changes in our Services, business practices, or applicable laws. The updated version will be indicated by the “Last Updated” date at the top of this page. Your continued use of the Services after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to the modifications, your sole recourse is to cease using the Services.
4. Subscriptions
4.1. Free Trial
We may offer a free trial of certain premium features for a specified period (e.g., three days). To avoid being charged, you must cancel your trial subscription at least 24 hours before the trial period ends, via your device's app store (e.g., Apple App Store, Google Play Store) subscription settings. If not canceled, your selected paid subscription plan will begin automatically at the end of the trial period.
4.2. Paid Subscriptions
Paid subscription plans (e.g., weekly, monthly, yearly) are available as in-app purchases.
Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the renewal date through your app store settings.
Cancellation: Canceling a subscription disables auto-renewal. You will retain access to the paid features until the end of the current paid billing period. No refunds are provided for partial subscription periods.
5. Payments and Billing
The core version of Aura Theme is free to use. Fees for premium subscription plans are displayed at the point of purchase within the relevant app store. All payments are processed by the app store platform, not directly by Aura Theme. You are responsible for any applicable taxes. Electronic invoices can be provided upon request.
6. Refunds
All purchases and refunds are handled by the platform from which you made the purchase (e.g., Apple, Google). Aura Theme does not process refunds directly. Please review the refund policies of your app store and contact their customer support for any refund requests.
7. Electronic Communications
By using the Services, you consent to receive all agreements, notices, disclosures, and other communications from us electronically (e.g., by email, in-app notifications). You agree that all such electronic communications satisfy any legal requirement that such communication be in writing.
8. Intellectual Property Rights
All rights, title, and interest in and to the Services, including all software, technology, designs, trademarks, logos, and content (excluding User Content as defined below), are and will remain the exclusive property of Aura Theme and its licensors. No rights are granted to you except the limited, revocable license to use the Services as outlined in this Agreement.
9. User Content
“User Content” refers to any files, documents, images, or data you upload, process, or share through the Services. You retain ownership of your User Content. By using the Services, you grant Aura Theme a worldwide, non-exclusive, royalty-free license to host, process, and transmit your User Content solely for the purpose of providing, improving, and securing the Services. You are solely responsible for the User Content you share and for maintaining appropriate confidentiality and access controls.
10. Disclaimer of Liability
You are solely responsible for backing up and securing any data you input into or process with the Services. Aura Theme is not liable for any loss, corruption, or unauthorized access to your User Content, or for any interruption or malfunction of the Services, to the fullest extent permitted by law.
11. Privacy
Your privacy is important to us. Our collection and use of your personal data are governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review it to understand our practices.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Aura Theme AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction, e.g., the State of California], without regard to its conflict of law principles.
14. Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Services shall be determined by binding, individual arbitration, rather than in court.
Waiver of Jury Trial: YOU AND Aura Theme HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
Waiver of Class Actions: YOU AND Aura Theme AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Rules: The arbitration will be administered by a recognized arbitration body (e.g., JAMS) under its then-current commercial arbitration rules.
Exceptions: This arbitration clause does not preclude either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
By using Aura Theme, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement.