Auravii Terms of Use

Welcome to Auravii. Please read these Terms of Use (together with all linked and referenced policies herein, the “Terms”) carefully before using the Auravii mobile application (the “App” or “Auravii”) operated by The Aura Vicki, Inc. (“Company,” “we,” “us,” or “our”). These Terms constitute a legally binding contractual agreement between Company and the individual user or visitor ("you" or "your") and govern your access or use of the App.

By downloading, accessing, or using the App, you agree to be bound by these Terms and you represent and warrant that you are an individual that is at least eighteen (18) years of age. This App is provided strictly for personal, non-commercial use only under these Terms. If you do not agree to these Terms, please do not use the App.

Company’s Privacy Policy applies to your use of the App, and its terms are hereby incorporated into these Terms by reference.

The App is intended solely for individuals who are eighteen (18) years of age or older. Any access to or use of the App by anyone under eighteen (18) is strictly prohibited and constitutes a material violation of these Terms. You represent and warrant that you meet this age requirement.

THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION AND CLASS ARBITRATION WAIVER THAT AFFECT YOUR LEGAL RIGHTS REGARDING HOW DISPUTES WITH COMPANY ARE RESOLVED. PLEASE REVIEW SECTION 9.1 CAREFULLY.

1. Auravii App

1.1. App. Auravii is an early-stage mobile application designed to provide instant visual aura renderings and personalized energy and relationship insights based on artificial intelligence (“AI”) analysis of user-provided palm and face photos. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the App and output from your User Content (as defined below) solely for the purposes in this Section and solely for personal, non-commercial use on your mobile device during the term of these Terms. You acknowledge that AI-generated outputs may not be unique to you, and other users may generate similar visual graphics, color palettes, or interpretations. Company makes no claim of exclusivity regarding any generated output.

1.2. Fees. The App is currently provided to you free of charge. Company reserves the right to charge fees for access to, or use of, the App or any of its features upon reasonable notice. If you do not agree to any changes in fees, you must stop use of the App.

1.3. Changes to the App. Company reserves the right to modify, suspend, restrict, discontinue, or terminate the App or your access to the App or any portion thereof at any time, for any reason, with or without prior notice. Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.

1.4. Intellectual Property. Except for the express rights granted in these Terms, nothing herein shall be construed as granting any license or right in Company’s intellectual property. The App, underlying AI models, algorithms, software, output, and all content therein, the Company logo, the Company name, and all other Company intellectual property remain the sole property of Company. Company reserves all rights not expressly granted to you herein.

2. User Content & Device Permissions

2.1. User Content. You retain all ownership and title to the photographs of your face and palms that you upload to the App (the “User Content”). You grant Company a worldwide, non-exclusive, sublicensable, transferable, worldwide, royalty-free license to host, store, process, transmit, reproduce, and use your User Content to provide the App, to the extent permitted by applicable law.

2.2. Device Permissions. To use the core scanning feature, you must grant the App permission to access your device’s camera.

2.3. Separate Biometric Consent. Prior to using the App and providing User Content, you must review and execute a separate Biometric Information Privacy Consent. Your use of such features is expressly conditioned upon your affirmative consent under that separate notice. In the event of any conflict between these Terms and the separate Biometric Information Privacy Consent regarding biometric data, the Biometric Information Privacy Consent shall govern.

2.4. No Account Required. The App operates on a session-based model. Access is provided immediately upon initiation without requiring account registration, profile creation, or password setup, and the App does not support persistent user accounts.

2.5. Feedback. If you transmit any comments, feature requests, bug reports, or suggestions (collectively, "Feedback") to Company, you hereby assign to Company all right, title, and interest in and to such Feedback. Company may implement, commercialize, modify, and use it without any financial compensation, attribution, or restriction of any kind.

3. Acceptable Use Rules

3.1. User Representations and Warranties. You represent and warrant to Company that: (a) you possess the full legal capacity and authority to enter into these Terms; (b) your use of the App will comply with all applicable laws and will not infringe upon or violate the rights of any third party; and (c) you have the full right and authorization to capture and submit the User Content, any User Content is of yourself, and that such submission and Company’s use of User Content in compliance with these Terms does not and will not violate the privacy, publicity, intellectual property, or other rights of any third party.

3.2. Use Restrictions. You agree that you shall not, directly or indirectly:

(a) Upload photos of other individuals without their explicit, informed consent;

(b) Upload inappropriate, offensive, hateful, or unlawful imagery;

(c) Upload images of any subject other than your face or palms;

(d) Attempt to reverse-engineer, decompile, extract source code, or tamper with the AI models powering the App;

(e) Use automated scripts, bots, or tools to overwhelm or strain our cloud processing infrastructure;

(f) Conduct unapproved penetration testing, vulnerability scanning, or security auditing of our networks or firewalls;

(g) Interfere with the proper working of the App or introduce viruses, trojans, worms, or malicious code;

(h) Use any robot, spider, scraper, or automated means to access the App, extract data, or copy its content, layouts, or data structures for any reason, including for the purpose of training or informing any machine learning, large language model (LLM), or artificial intelligence system;

(i) Violate any applicable law or regulation;

(j) Exploit, frame, mirror, or use the platform or its tools for any commercial purpose, competitive analysis, or for the benefit of any third party; or

(k) Use any information from our App for competitive purposes.

4. Term and Termination

4.1. Term. These Terms are effective as of the date you first use the App and shall remain in effect for as long as you continue to access or use the App or until terminated in accordance with this Section.

4.2. Termination. You may terminate these Terms at any time by ceasing all use of the App and deleting it from your mobile device. Company may terminate these Terms for any or no cause at any time.

4.3. Survival. All provisions of these Terms that should, by their nature, survive expiration or termination of these Terms, including but not limited to Sections 3, 4.3, 5, 6, 7, 9, and 10.1 shall survive such expiration or termination.

5. Disclaimer of Warranties

5.1. Disclaimer. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF THE APP. WE DO NOT GUARANTEE THAT THE APP OR THAT THE SYSTEMS THAT MAKE THE APP AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY READINGS, AI-GENERATED OUTPUTS, PHOTOGRAPHS, OR DATA TRANSMISSIONS WILL BE ACCURATE, RELIABLE, OR COMPLETE.

5.2. Entertainment and Informational Purpose. THE APP AND ALL GENERATED OUTPUTS, AURA VISUALIZATIONS, ENERGY BREAKDOWNS, AND GUIDANCE METRICS ARE PROVIDED FOR ENTERTAINMENT, SELF-REFLECTION, AND WELLNESS EXPLORATION PURPOSES ONLY. You acknowledge and agree that the App’s outputs are non-scientific, non-clinical, and reflective in nature. Such outputs do not constitute medical, psychiatric, psychological, legal, or financial advice. The App should never be used as a substitute for professional medical diagnosis, mental health treatment, or therapy. You should always seek the advice of a qualified healthcare provider with any health-related questions. We do not guarantee that the App will meet your subjective expectations regarding spiritual, emotional, or personal insights.

5.3. Assumption of Risk. You expressly acknowledge and agree that your use of the App, including submitting User Content for transient processing and relying on any AI-generated aura visualizations, energy readings, or subjective insights, is undertaken at your sole and absolute risk. You assume full responsibility for any risks, injuries, emotional distress, damages, or harms resulting directly or indirectly from your access to or use of the App.

5.4. Warranty Limitations. The limitations, disclaimers, and exclusions set forth in this Section shall apply only to the greatest extent permitted by applicable law.

6. Limitation of Liability

6.1. Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS (THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR EMOTIONAL DISTRESS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR RELIANCE ON ANY VISUAL AURA RENDERINGS, ENERGY INSIGHTS, OR RELATIONSHIP READINGS GENERATED BY THE APP, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR RELIANCE ON ANY GENERATED READINGS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2. Direct Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY PARTIES’ MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE $100.00. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL APPLY ONLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnity

7.1. Your Indemnity. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees), arising out of or relating to your breach of these Terms, your violation of any applicable laws or regulations or infringement of any third-party rights, your improper use of the App, or User Content.

8. Third-Party Services

8.1. Third-Party App Stores. You acknowledge that the availability of the App is dependent on third-party mobile application platforms and infrastructure providers, such as the Apple App Store and Google Play Store (“Third-Party App Stores”). Company shall not be liable for any disruption, removal, suspension, or rendering unavailable of the App resulting from changes to, or compliance with, third-party platform terms, policies, or developer guidelines. You acknowledge that your download, installation, and use of the App are subject to the terms, policies, and distribution rules of the applicable Third-Party App Store. You acknowledge and agree that these Terms are solely between you and Company, and not with any Third-Party App Stores. You further acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.

(a) Apple Terms. If you access the App through an Apple device, the terms of this Section apply. The license granted to you hereunder to use the App is non-transferable to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Subject to the terms herein, each party acknowledges that Company, not Apple, is responsible for addressing any of your claims or claims by any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You acknowledge that these Terms do not limit our liability to you beyond what is permitted by applicable law. Subject to these Terms, each party acknowledges that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Notwithstanding Section 10.7, each party acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. The capitalized terms used in this Section but not defined in these Terms shall have the meanings set out in the applicable Apple terms. In the event of a conflict of this Section and the rest of the Terms, this Section shall govern with respect to the subject matter herein for use of the App on Apple devices.

8.2. Third-Party AI Models and APIs. You acknowledge that the App relies on artificial intelligence technologies, machine learning models, and application programming interfaces provided, hosted, or maintained by independent third-party entities (collectively, "Third-Party AI Providers") to process User Content and generate visual aura renderings and insights. You acknowledge that Company does not own, control, audit, or operate the underlying neural networks, algorithms, or models maintained by these Third-Party AI Providers.

8.3. Third-Party Providers. To the extent you use any third-party products or services, including Third-Party App Stores or Third-Party AI Providers (collectively, “Third-Party Providers”), with the App, you agree to comply with all applicable terms of such services, as applicable.

8.4. Liability and Disclaimers. Company expressly disclaims all liability for, and you agree that Company is not responsible for: (a) any service interruptions, API downtime, connectivity failures, or transmission delays within external AI pipelines; or (b) any analytical errors, hallucinations, errors, delays, failures, structural inaccuracies, misidentifications, or unexpected visual outputs caused by a Third-Party Provider's models or systems. We do not guarantee that third-party systems will remain available or uninterrupted. Your sole recourse for technical failures originating from underlying model infrastructure is limited to discontinuing use of the App.

9. Dispute Resolution and Arbitration

9.1. Waiver of Class Actions, Class Arbitrations, and Jury Trials. YOU AND COMPANY EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOURS. YOU AND COMPANY HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.

9.2. Mandatory Informal Dispute Process. Prior to initiating any formal legal action or arbitration proceeding, you and Company agree to make a good faith effort to resolve the dispute informally. You agree to notify Company in writing of a dispute by mail to PO Box: [Insert Company PO Box], Attn: Legal Department, or via email: [email protected], detailing the nature of the claim and the specific relief requested. You and Company agree to negotiate in good faith for a period of thirty (30) calendar days from the date the notice is received before any party may initiate an independent arbitration proceeding.

9.3. Arbitration Agreement. If the dispute is not resolved through the informal process within the thirty (30) day window, you and Company agree that all disputes, claims, or controversies arising out of or relating to these Terms or the App shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its consumer arbitration rules, available at www.adr.org, rather than in a court of law. The arbitration shall be conducted in Orange County, California, subject to the governing laws as set forth in Section 10.1. If you are required to pay a filing fee to commence arbitration against Company, then Company will promptly reimburse you for your confirmed payment of the filing fee upon receipt of notice that you have commenced arbitration along with a receipt, unless your demand is equal to or greater than $1,000 or was filed in bad faith. If the arbitrator finds your claim frivolous, the payment of all fees will be governed strictly by the rules of the AAA. Company will not seek its attorneys' fees unless your claim is determined to be frivolous. All aspects of the arbitration proceeding and award will be strictly confidential.

9.4. Arbitration Proceeding. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the AAA rules. The arbitration will be conducted by telephone, online, or solely based on written submissions to reduce costs and burdens, and will not require any personal appearance by the parties or witnesses unless mutually agreed in writing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9.5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date of appointment. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim's disposition. You agree that these Terms and your use of the App evidence a transaction involving interstate commerce, and the United States Federal Arbitration Act will govern the interpretation and enforcement of this arbitration clause.

9.6. Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court, or Company may seek equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Company or any third party, any harm caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your sole remedy will be for monetary damages, subject to the limitations of liability set forth above.

9.7. Severability. If any provision of this Arbitration Agreement is found unenforceable, the parties will replace it with a valid provision that best mirrors their original intent, and the remainder of the agreement applies.

9.8. Modifications. If Company makes material changes to this Arbitration Agreement, you may reject the change by sending written notice within thirty (30) days to Company's notice address. Rejecting a change binds you to the arbitration language in effect when you first accepted these Terms.

10. Miscellaneous

10.1. Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.

10.2. Assignment. You may not assign these Terms without Company’s prior written approval. Company may assign these Terms without restriction. These Terms inures to the benefit of our successors, assigns, and licensees.

10.3. Modifications. Company may update these Terms from time to time. You can find the latest version of these Terms at https://auravii.com/termsofuse/ If Company makes a material update to these Terms, Company will provide advance written notice to you, and Company will not be liable for any losses, damages, or disruption resulting from your need to modify your practices, content, or behavior to comply with such updates. If you do not agree to the updated Terms, you may terminate these Terms and stop using the App by notifying Company in writing before the effective date of the update. Your continued use of the App after the update takes effect constitutes your acceptance of the updated Terms.

10.4. Notices. All notices, requests, demands, and other communications under these Terms must be in writing. Notices to Company shall be sent to [email protected] or PO Box [Insert Company PO Box]. Notices to you may be delivered electronically via the email address associated with your interaction or by posting them directly within the App. Notices are deemed given upon receipt if personally delivered, upon transmission if sent by email, or three business days after mailing if sent by certified mail.

10.5. Waiver and Severability. No failure or delay by Company in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any other right, power, or privilege. Any waiver must be in writing and signed by an authorized representative of Company to be effective. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

10.6. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the App must be filed within one (1) year after such claim or cause of action arose, or else be permanently barred.

10.7. Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

10.8. Sanctions and Export Control. You represent and warrant that you are not: (a) located in, or a resident or national of, any country or region subject to a comprehensive U.S. government embargo; or (b) identified on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's List of Specially Designated Nationals. You agree to comply strictly with all U.S. export controls and economic sanctions laws.

10.9. Electronic Communications and Transactions. By accessing or using the App, you consent to transact business electronically. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.

10.10. Headings. The heading references herein are for convenience only and will not be deemed to limit or affect any of the provisions hereof.

10.11. Entire Agreement. These Terms constitutes the entire agreement between you and Company regarding its subject matter and supersedes all prior or contemporaneous understandings and agreements.

11. Contact Us

11.1. For any questions or concerns regarding these Terms, please contact:

The Aura Vicki, Inc.

Email: [email protected]

PO Box: [Insert Company PO Box]