TERMS OF SERVICE
Last updated: 13 October 2026
AGREEMENT TO OUR LEGAL TERMS
We are Lizzie Kardon Consulting LLC, doing business as Naura ("Company," "we," "us," "our"), a company registered in Pennsylvania, United States, at 8116 Flourtown Avenue, Wyndmoor, PA 19038.
We operate the website https://nauraphotoapp.com and the Naura web application, together with any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (484) 620-2292, by email at legal@nauraphotoapp.com, or by mail at 8116 Flourtown Avenue, Wyndmoor, PA 19038, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Lizzie Kardon Consulting LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are available only to individuals who are at least 18 years of age. We do not permit use of the Services by minors under any circumstances, including with parental or guardian permission. If we learn that a user is under 18, we will terminate the account and permanently delete all associated photographs, face models, and generated images.
The Services use artificial intelligence to generate images of you from photographs you take in the app or upload. To do this we collect and process biometric information. Please read the "YOUR PHOTOS AND YOUR OUTPUTS" and "ASSUMPTION OF RISK, RELEASE, AND OUR COMMITMENTS TO YOU" sections below, and our Privacy Notice, before you upload anything.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms. Where a change materially affects your rights, we will notify you by email or by a notice in the app before the change takes effect. Your continued use of the Services after a revised version is posted constitutes acceptance of it.
We recommend that you print or save a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- ELIGIBILITY
- USER REPRESENTATIONS
- USER REGISTRATION
- YOUR PHOTOS AND YOUR OUTPUTS
- AI-GENERATED CONTENT
- OUR INTELLECTUAL PROPERTY
- FEEDBACK AND SUGGESTIONS
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS
- REFUNDS POLICY
- PROHIBITED ACTIVITIES
- SERVICES MANAGEMENT
- PRIVACY NOTICE
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- ASSUMPTION OF RISK, RELEASE, AND OUR COMMITMENTS TO YOU
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- GOVERNING LAW
- DISPUTE RESOLUTION
- CALIFORNIA USERS AND RESIDENTS
- CORRECTIONS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
Naura is an artificial intelligence photography service. You take photographs in the app or upload photographs of yourself, we build a personal face model from them, and we generate new images of you at your direction.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Where the Services are available
The Services are currently not offered to residents of the European Economic Area, the United Kingdom, Switzerland, or the US states of Illinois and Washington. We may restrict access based on your location. By creating an account you confirm you do not reside in one of these places.
2. ELIGIBILITY
You must be at least 18 years of age to create an account or use the Services. We do not offer the Services to minors under any circumstances, including with the consent of a parent or guardian, and we do not operate a waitlist, queue, or supervised pathway for minors.
If we become aware that an account belongs to a person under 18, we will terminate that account, permanently delete the associated photographs, face model, and generated images, and refund any unused fees.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity to enter into these Legal Terms and you agree to comply with them; (4) you are at least 18 years of age; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
4. USER REGISTRATION
You are required to register to use the Services. You agree to keep your password confidential and you are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
5. YOUR PHOTOS AND YOUR OUTPUTS
Your photos stay yours. You keep all rights in the photographs you upload ("Your Photos"). You grant us a limited, non-exclusive, worldwide, royalty-free licence to store, process, and analyse Your Photos for one purpose only: to build your personal face model and to generate images at your request. This licence ends when you delete your face model or your account, or when we destroy the data under our retention schedule, whichever comes first.
We will not use Your Photos for anything else. We do not use Your Photos or your face model to train any AI model of our own. Our service providers process them as described in our Privacy Notice, which explains how our image-generation provider's terms treat your data. We do not sell them. We do not use your likeness in our own marketing, on our website, or on our social channels unless you give us separate, specific permission first.
You own what you make. Images generated for you through the Services ("Your Outputs") belong to you. Subject only to your compliance with these Legal Terms and payment of any applicable fees, we assign to you all rights we may hold in Your Outputs, and you may use them for any lawful purpose, including commercial and advertising use, without further permission from us and without any payment to us. We claim no ownership of Your Outputs.
What you promise us. By uploading Your Photos you represent and warrant that: (a) you are at least 18 years old; (b) the photographs are of you and no one else; (c) you have all rights necessary to upload them, including any rights held by the photographer; and (d) you are not uploading photographs of any other person, of a public figure, or of a fictional or composite identity.
What you may not generate. You may not use the Services to create images that impersonate another person, that place any person in a false or defamatory context, that are sexually explicit, or that depict any person under 18. We screen uploads automatically and may refuse, remove, or terminate on this basis without notice.
Biometric consent. Building your face model requires us to collect and process a biometric identifier and biometric information derived from Your Photos. We collect this only after you have given separate, explicit, written consent before you take or upload any photograph, and only after you have been informed of the purpose of the collection and how long the data will be stored. You can withdraw that consent at any time by deleting your face model from your Profile or by emailing privacy@nauraphotoapp.com. The full terms are set out in the "BIOMETRIC DATA" section of our Privacy Notice.
6. AI-GENERATED CONTENT
Your Outputs are generated by artificial intelligence. They are not photographs of real events. They may contain visual artifacts and may not accurately depict your appearance.
We may embed metadata, provenance signals, or other markers in Your Outputs identifying them as artificially generated, and you agree not to remove, obscure, or alter those markers.
Where the law requires you to disclose that an image is artificially generated, including under Article 50 of the EU Artificial Intelligence Act or any comparable law that applies to you, that disclosure obligation is yours.
7. OUR INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our Services, including the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics that we create and make available in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained in them (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and by other intellectual property and unfair competition laws in the United States and around the world.
Our Content and Marks are provided in or through the Services "AS IS" for your personal use or internal business purpose. This restriction applies to Naura's own content, branding, and software. It does not apply to Your Outputs, which are governed by the "YOUR PHOTOS AND YOUR OUTPUTS" section above and which you may use commercially without restriction.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print a copy of any portion of our Content to which you have properly gained access.
Except as set out in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests should be sent to legal@nauraphotoapp.com.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this section is a material breach of these Legal Terms and your right to use the Services will terminate immediately.
8. FEEDBACK AND SUGGESTIONS
If you send us a question, comment, suggestion, idea, or other feedback about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that Feedback for any purpose without acknowledgment or compensation to you. This section applies only to Feedback. It does not apply to Your Photos or Your Outputs, and it gives us no rights in your name, likeness, image, or voice.
9. PURCHASES AND PAYMENT
We accept payment by the major credit and debit cards supported by our payment processor, Stripe. We do not store your full card details. Payment information is collected and processed by Stripe under its own terms and privacy policy.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update account and payment information so that we can complete your transactions and contact you as needed. Sales tax will be added where required. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for those amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse or cancel any order placed through the Services, and to limit or prohibit orders that in our sole judgment appear to be placed by resellers or by automated means.
10. SUBSCRIPTIONS
Plans. Naura Pro is available monthly at $39 per month or annually at $368 per year, plus any applicable tax. Each Pro plan includes 20 shoots per calendar month. Unused shoots do not roll over.
Billing and renewal. Your subscription continues and automatically renews at the end of each billing period unless you cancel. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel.
Annual renewal. If you buy an annual plan, we will send you a reminder by email before it renews.
Cancellation. You can cancel at any time from Manage subscription in your Profile, or by emailing support@nauraphotoapp.com. Cancellation takes effect at the end of the current paid term and you keep access until then.
Fee changes. We may change the subscription fee from time to time and will tell you in advance and in accordance with applicable law. A price change takes effect at your next renewal, and you may cancel before then.
11. REFUNDS POLICY
One-time purchases. Fees for one-time purchases, including the face model fee and shoot credit packs, are non-refundable once the corresponding processing has begun, because we incur third-party generation costs at that point. If a purchase fails to deliver what you paid for because of a fault on our side, contact support@nauraphotoapp.com and we will re-run it or refund it.
Subscriptions. You may cancel at any time. Cancellation takes effect at the end of the current billing period and we do not refund the unused portion of a period already paid for, except where required by law.
Annual renewals. If your annual plan renews and you contact support@nauraphotoapp.com within 14 days of the renewal charge without having used any shoots in the new term, we will refund that renewal in full.
EU, UK, and other statutory rights. If you are a consumer in the European Union, the United Kingdom, or another jurisdiction granting a statutory cancellation or withdrawal right, you keep that right in full and nothing in this section limits it. Where you have a right of withdrawal, exercising it after you have asked us to begin generating images may reduce your refund by the value of what has already been delivered.
12. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available.
As a user of the Services, you agree not to:
- Use the Services to build, train, or improve a product or service that competes with Naura, or resell or sublicense access to the Services to third parties.
- Upload photographs of any person other than yourself, including public figures, or photographs you do not have the rights to upload.
- Generate images that impersonate another person, that place any person in a false or defamatory context, that are sexually explicit, or that depict any person under 18.
- Remove, obscure, or alter any metadata, watermark, or provenance marker identifying an image as artificially generated.
- Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable law or regulation.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services, or that modifies, impair, disrupts, or interferes with the operation or maintenance of the Services.
- Engage in any automated use of the system, including data mining, robots, scrapers, or similar data gathering and extraction tools.
- Delete any copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to them.
- Harass, intimidate, or threaten any of our employees, contractors, or agents.
- Attempt to bypass any measure of the Services designed to prevent or restrict access.
- Copy or adapt the software of the Services, or, except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer it.
- Create user accounts by automated means or under false pretenses, or collect usernames or email addresses of users for the purpose of sending unsolicited email.
- Sell or otherwise transfer your account or your face model.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable any content you upload or generate; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate their proper functioning.
We screen photographs automatically to detect public figures, photographs with no person or more than one person, and content that violates these Legal Terms. Automated screening is imperfect and may produce false positives. If your upload is refused and you believe that is an error, contact support@nauraphotoapp.com.
14. PRIVACY NOTICE
We care about data privacy and security. Please review our Privacy Notice at https://nauraphotoapp.com/privacy. By using the Services, you agree to be bound by our Privacy Notice, which is incorporated into these Legal Terms.
The Services are hosted in the United States, and your personal information, including Your Photos and your face model, is processed in the United States. If you access the Services from another region, see the "INTERNATIONAL TRANSFERS OF YOUR INFORMATION" section of our Privacy Notice for the safeguards that apply to that transfer.
We do not knowingly accept, request, or solicit information from anyone under 18, and we do not market to children.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes a copyright you own or control, please notify our designated agent below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in it. Please be advised that under applicable law you may be held liable for damages if you make material misrepresentations in a Notification.
Your Notification must include the elements required by 17 U.S.C. Section 512(c)(3), including your physical or electronic signature, identification of the work claimed to be infringed, identification of the material to be removed and enough information for us to locate it, your contact details, a statement that you have a good faith belief that the use is not authorized, and a statement under penalty of perjury that the information in the Notification is accurate and that you are authorized to act.
Send Notifications to legal@nauraphotoapp.com, or by mail to Lizzie Kardon Consulting LLC, 8116 Flourtown Avenue, Wyndmoor, PA 19038, United States.
Reporting intimate or impersonating images
If you believe an image of you was created through the Services without your consent, including any intimate image or an image that impersonates you, email legal@nauraphotoapp.com with the image or its location, your contact details and a statement that you did not consent. We will review it and remove qualifying content within 48 hours of a valid request.
16. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate your account, we will delete Your Photos and your face model as described in our Privacy Notice. You may download Your Outputs before termination takes effect where circumstances reasonably allow.
If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time at our sole discretion. We also reserve the right to modify or discontinue all or part of the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or third-party provider problems, or need to perform maintenance, resulting in interruptions, delays, or errors. Image generation depends on third-party artificial intelligence providers and may be queued, delayed, or unavailable. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
18. ASSUMPTION OF RISK, RELEASE, AND OUR COMMITMENTS TO YOU
Our commitments to you. We will not sell your personal information. We will not use your photographs or your face model to train any AI model of our own. We will not use your likeness in our marketing without your separate, specific permission. We will not intentionally disclose your personal information to any third party, except to the service providers identified in our Privacy Notice, who process it to deliver the Services as described there; where we are required to do so by law or legal process; or in connection with a merger, acquisition, financing, or sale of assets as described in our Privacy Notice. We will deal with you in good faith.
What you are accepting. The Services use artificial intelligence to generate images. Outputs are unpredictable by nature. They may be inaccurate, unflattering, distorted, inconsistent between sessions, or unlike you. Training and generation may be delayed, interrupted, or fail. Once you publish or share an image, you cannot control what others do with it. You understand and accept all of this, and you choose to use the Services anyway.
Release. To the fullest extent permitted by applicable law, you release us and our officers, directors, employees, agents, and service providers from all claims, demands, damages, and causes of action, whether known or unknown, arising out of or relating to: (a) the appearance, accuracy, quality, likeness, or content of any image generated for you; (b) your use of Your Outputs, including any commercial use and any consequence of that use; (c) any use, copying, alteration, or redistribution of Your Outputs by any third party after you publish or share them; (d) any delay, interruption, failure, error, or loss of data in the Services; (e) any claim that an Output resembles a person other than you; and (f) any decision by us to refuse, remove, or moderate content under these Legal Terms. You waive any statute or rule of law that would otherwise limit a general release to claims you know or suspect to exist in your favour.
What this release does not cover. This release does not apply to claims arising from our fraud, gross negligence, or willful misconduct, and it does not limit or waive any right you hold that cannot be waived under applicable law, including rights under data protection, biometric privacy, and consumer protection statutes. If any part of this section is held unenforceable, that part is severed and the remainder of this section and of these Legal Terms continues in full force.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ANY IMAGE GENERATED FOR YOU WILL BE ACCURATE, FLATTERING, CONSISTENT, FREE OF ARTIFACTS, OR FIT FOR ANY PARTICULAR USE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR OF ANY WEBSITE LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL INFORMATION STORED THERE, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. NOTHING IN THIS SECTION LIMITS ANY RIGHT YOU HOLD AS A CONSUMER THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING, OR ONE HUNDRED US DOLLARS ($100). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) Your Photos, including any claim that you did not hold the rights to upload them; (3) Your Outputs and your use of them, including any commercial use; (4) your breach of these Legal Terms; (5) any breach of your representations and warranties set forth in these Legal Terms; or (6) your violation of the rights of a third party, including intellectual property, privacy, and publicity rights.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
22. USER DATA
We maintain certain data that you transmit to the Services for the purpose of managing their performance, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for keeping your own copies of Your Outputs. You agree that we have no liability to you for any loss or corruption of such data, except to the extent that liability cannot be excluded under applicable law.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. This includes the consents you give at the photo upload step, which we record with a timestamp and version identifier.
24. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, applicable to agreements made and to be entirely performed within the Commonwealth of Pennsylvania, without regard to its conflict of law principles. If you are a consumer resident in the European Union or the United Kingdom, this choice of law does not deprive you of the protection of the mandatory consumer law of your country of residence.
25. DISPUTE RESOLUTION
Informal negotiations. Before commencing arbitration, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days by written notice to the other party. Notice to us goes to legal@nauraphotoapp.com.
Binding arbitration. If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both available at adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by, and where appropriate limited by, the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Pennsylvania, United States. The parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.
If for any reason a dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in Pennsylvania, United States, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.
In no event shall any dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose, except where a longer period is required by applicable law.
Restrictions. Any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to arbitration. The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, or unauthorized use of our intellectual property; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within the portion found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed above.
Residents of the EU and UK. If you are a consumer resident in the European Union or the United Kingdom, nothing in this section deprives you of the right to bring proceedings in the courts of your country of residence or of any mandatory consumer protection you hold under local law.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
27. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with a merger, acquisition, financing, or sale of assets. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
29. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding their use, please contact us at:
Lizzie Kardon Consulting LLC 8116 Flourtown Avenue Wyndmoor, PA 19038 United States
Phone: (484) 620-2292 General and legal: legal@nauraphotoapp.com Support, cancellation, and refunds: support@nauraphotoapp.com Privacy and data rights: privacy@nauraphotoapp.com