Terms of Use

1. The agreement

These Terms of Use ("Terms") form a binding agreement between you and Ivan Ivanenko, an individual developer ("we", "us", the "Developer"), covering the applications listed in section 2 (each, an "App") and the website librera.app.

By downloading, installing or using an App, you accept these Terms. If you do not accept them, do not install or use the App. These Terms are also the End User Licence Agreement ("EULA") for each App.

Your use of the Apps is also governed by our Privacy Policy, which forms part of these Terms.

2. Applications covered

These Terms apply to each of the following, on every platform it is distributed for:

Where a term applies to only some Apps, it says so. Everything else applies to all of them.

3. Licence granted

Each App is licensed, not sold. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App:

• on devices you own or control, for your personal or internal business use;
• in the number of copies permitted by the store you obtained it from, and subject to that store's usage rules, which are incorporated here by reference.

Where an App is published under an open source licence, that licence governs the source code and grants you rights in addition to these Terms — see section 11.

4. What you may not do

Except where these Terms, an applicable open source licence, or law that cannot be excluded by agreement permits it, you may not:

• copy, modify, adapt, translate or create derivative works of an App;
• reverse engineer, decompile or disassemble an App, or attempt to derive its source code;
• rent, lease, lend, sell, redistribute or sublicense an App;
• remove, obscure or alter any proprietary notice;
• circumvent, disable or interfere with licensing, subscription, advertising or security mechanisms;
• use an App to infringe anyone's rights, including copyright in books or other content you do not have the right to use;
• use an App to break the law, or to build a competing product from its internals.

5. Accounts

Applies to Librera1 Reader. The other Apps have no accounts.

An account is optional and exists to sync your library between devices. You are responsible for keeping access to the Google account you sign in with secure, and for activity under your account. You must be old enough to form a binding contract where you live. We may suspend or terminate an account that is used to abuse the service, to infringe rights, or in breach of these Terms. You may delete your account at any time from within the App.

6. Your content

Your books, documents, screenshots, notes, highlights and audio files are yours. We claim no ownership of them and no licence to use them, beyond the technical permission needed to store and transmit what you explicitly ask an App to sync on your behalf.

You are responsible for having the right to use the content you open, store or sync. You are also responsible for your own backups: syncing is a convenience, not a backup service, and we do not guarantee that any content will be preserved, retained or recoverable.

7. Purchases and subscriptions

All payments are processed by the store you buy from — Apple on the App Store, Google on Google Play. We never receive your payment details. Prices are shown in your local currency, may vary by country and by applicable taxes, and the price displayed at the moment of purchase is the one that applies.

7.1 What is paid, per app

7.2 Auto-renewable subscriptions

Where an App offers an auto-renewable subscription, the following applies:

• Payment is charged to your store account at confirmation of purchase.
• The subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period, at the price of the plan you selected.
• You can manage the subscription and turn off auto-renewal at any time in your store account settings after purchase — App Store subscriptions or Google Play subscriptions.
• Cancelling stops future renewals; access continues until the end of the period already paid for.
• Deleting an App does not cancel a subscription.

7.3 Free trials

Where a free trial is offered, it is available once per store account, and unless you cancel at least 24 hours before it ends the trial converts automatically to a paid subscription at the plan price. Any unused portion of a free trial is forfeited when you purchase a subscription.

7.4 Price changes

We may change prices. The store will notify you of an increase in advance and, depending on the change and your country, will either ask for your consent or give you the chance to cancel before it takes effect. Changes apply from the next period after the notice.

7.5 Restoring purchases

Use Restore Purchases in the App to reactivate an entitlement bought with the same store account on a new device or after reinstalling.

8. Refunds

Refunds are handled by the store, under its own policy, and we cannot issue refunds for store purchases. Request one at reportaproblem.apple.com for Apple purchases, or through Google Play order history. This does not affect statutory withdrawal or cancellation rights you may have under the consumer law of your country.

9. Advertising and free versions

Applies to the free version of Librera Reader for Android.

The free version displays advertising, which is how it is funded. You may not block, intercept or modify the advertising in it; the supported way to remove ads is to buy the paid version. Advertisements come from third parties and we do not endorse what they promote. How ad data is handled is described in the Privacy Policy.

10. Third-party services

Some features depend on services we do not control — Google sign-in, Google Drive, Firebase, RevenueCat, and the app stores themselves. Your use of those services is subject to their own terms, and you must comply with them. We are not responsible for their availability, performance or changes to them, and a feature that depends on one may change or stop working if that service does.

Apps may also link to third-party websites and stores. We are not responsible for their content.

11. Open source components

Librera applications include third-party open source components, each licensed under its own terms, which are acknowledged within the relevant App or its repository. Where an App is itself distributed under an open source licence, that licence governs the source code, and to the extent it conflicts with these Terms it prevails for the code it covers. Nothing in these Terms limits rights granted to you by an open source licence.

12. Maintenance and support

We provide support on a reasonable-efforts basis by email at librera.raeder@gmail.com. We do not guarantee a response time, that a defect will be fixed, or that any App or feature will remain available. We may modify, suspend or discontinue an App or a feature at any time; where doing so ends a paid subscription early, we will arrange a pro-rata refund of the unused period through the relevant store.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Apps are provided "as is" and "as available", without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that an App will be uninterrupted, error-free or secure, that defects will be corrected, or that data will not be lost.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing here limits your mandatory statutory consumer rights.

14. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for loss of data, profits, revenue, business or goodwill, arising out of or connected with the Apps, however caused and on any theory of liability.

Our total aggregate liability arising out of or connected with the Apps will not exceed the greater of (a) the amount you paid us or the relevant store for the App and its purchases in the twelve months before the event giving rise to the claim, or (b) USD 50.

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

15. Indemnity

You agree to indemnify and hold us harmless from claims, damages and reasonable costs arising out of your breach of these Terms, your misuse of an App, or your infringement of the rights of a third party — including copyright in content you open, store or sync.

16. Apple App Store terms

This section applies only to Apps obtained from the Apple App Store — currently Sound Icon and Librera1 Reader. It contains the terms Apple requires, and prevails over anything inconsistent with it elsewhere in these Terms.

16.1 Acknowledgement

You and the Developer acknowledge that this EULA is concluded between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the Licensed Application and its content. This EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions; in the event of a conflict, those usage rules prevail.

16.2 Scope of licence

The licence granted is non-transferable, to use the Licensed Application on any Apple-branded product that you own or control, and as permitted by the usage rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing where Apple makes those features available for that App. Sound Icon Pro is not enabled for Family Sharing.

16.3 Maintenance and support

The Developer is solely responsible for providing maintenance and support services, as specified in this EULA or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

16.4 Warranty

The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Developer.

16.5 Product claims

The Developer, and not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

16.6 Intellectual property rights

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, the Developer, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

16.7 Legal compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

16.8 Third-party terms

You must comply with applicable third-party terms of agreement when using the Licensed Application — for example, the terms of your wireless data service plan.

16.9 Third-party beneficiary

You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of its terms Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

16.10 Developer contact

Questions, complaints or claims regarding a Licensed Application should be directed to the Developer at the address in section 22.

17. Google Play terms

Applies to Apps obtained from Google Play.

Your use of an App obtained from Google Play is additionally subject to the Google Play Terms of Service. Google is not a party to this agreement and is not responsible for the App. Purchases, refunds and subscription management for Google Play are handled by Google under its own terms. Where these Terms conflict with the Google Play Terms of Service for a Play purchase, the latter prevails to the extent of the conflict.

Apps obtained from F-Droid or as a direct download are covered by these Terms and by any applicable open source licence, and are not subject to any store's terms.

18. Export and sanctions

The Apps may be subject to export control and sanctions laws. You may not use or export an App in violation of those laws, and you confirm you are not a person or entity barred from receiving it under them.

19. Term and termination

These Terms apply until terminated. Your rights end automatically if you breach them. You may end them at any time by deleting the Apps and cancelling any subscription. We may terminate or suspend your access for a material breach. Sections 6, 8 and 13 to 18 survive termination, along with any provision that by its nature should.

20. Changes to these terms

We may update these Terms. The effective date and version at the top always reflect the current text, and material changes are announced in the release notes of the App concerned. Changes do not apply retroactively to a subscription period already paid for. Continued use after a change takes effect is acceptance of the revised Terms; if you do not accept them, stop using the Apps and cancel any subscription.

21. Governing law and consumer rights

These Terms are governed by the laws of the Developer's country of residence, without regard to conflict of law rules. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction with mandatory consumer protection rules, you keep the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts there.

If any provision of these Terms is held unenforceable, the rest remains in force.

22. Contact

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