Effective: 14 July 2026
Version: 2.1
Replaces: all previous versions

1. Who we are, and what this is

These Terms of Service (the “Terms“) form a binding agreement between:

Venca, s.r.o.
Muškátová 35, Hviezdoslavov, 930 41, Slovakia
Company reg. no. (IČO): 55647677
VAT ID (IČ DPH): SK2122046487
Email: [email protected]
Website: www.aurahomeai.com

(“AURA“, “we”, “us”, “our”), and you, the person or entity that accesses or uses the Service (“you“, “your”). We operate the Service under the brand AuraHomeAI.

By creating an account, clicking “I agree”, or using the Service, you accept these Terms together with our Privacy Policy and Cookie Policy (together, the “Agreement“). If you do not agree, do not use the Service.

These Terms are written primarily for professional users — real estate agents, brokers, agencies, developers, and property marketing professionals. Private individuals marketing their own property may also use the Service. If you are a consumer, Annex A gives you additional rights that prevail over anything in these Terms that conflicts with them.

2. Definitions

  • “Your Content” — photographs, videos, floor plans, property addresses, descriptions, prompts, and any other material you upload to or submit through the Service.
  • “Output” — material the Service generates from Your Content: enhanced photographs, staged and empty-room renders, exterior staging, generated floor plans, video reels, and generated property descriptions.
  • “Original Work” — any photograph, video, drawing, or plan that already existed before you uploaded it, and that is embodied in or still perceptible in Your Content or the Output.
  • “Listing” — the unit of purchase described on our Pricing page. One Listing represents one property.
  • “AI Providers” — the third-party providers of the AI models we use, including OpenAI.
  • “Authorised User” — an individual you permit to use the Service under your account (for example, an agent in your agency).

3. Accounts and the free plan

3.1 You must be at least 18 and able to enter into a binding contract. If you use the Service on behalf of a company or agency, you confirm you are authorised to bind it, and “you” includes that organisation.

3.2 The free plan lets you try most features a limited number of times, as described on the Pricing page. No payment card is required. We may change or withdraw the free plan at any time.

3.3 You are responsible for your login credentials and for everything that happens under your account. Tell us at [email protected] if you think someone else has accessed it.

3.4 You are responsible for your Authorised Users’ compliance with this Agreement. What they do counts as what you do. In Agency Mode, the account owner can manage, reassign, and remove Listings and users within the account, and can see the content and usage associated with them.

4. The Service

4.1 AuraHomeAI is an AI-assisted property marketing tool. It offers photo enhancement, interior staging, exterior staging, empty-room transformation, floor plan generation, video reels, and property description generation.

4.2 It is a tool, not professional advice. The Output is generated by automated systems. It is not architectural, engineering, surveying, valuation, legal, tax, or real estate advice. Floor plans and any dimensions or areas the Service produces are approximations. Do not rely on them as measurements and do not publish them as such.

4.3 You must review every Output before you publish it. AI systems make mistakes. The Output may be inaccurate, distorted, or may show things that do not exist. What you publish is your responsibility.

4.4 We may add, change, or withdraw features. If a change materially reduces functionality you have already paid for, we will tell you and, if you ask, refund the unused part.

5. Your Content — your rights, and what you promise us

This is the most important section of these Terms. Please read it.

5.1 You keep ownership. As between you and us, Your Content stays yours. We claim no ownership in it.

5.2 The licence you give us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, modify, and create derivative works from Your Content — only as needed to run the Service for you and to comply with law. This licence ends when you delete the content, subject to normal backup cycles and any legal retention obligation.

5.3 We do not train AI models on your content. We do not give Your Content to AI Providers so they can train their models, and our contracts with them prohibit it. We may use aggregated, anonymised technical data — error rates, processing times, which features are used — to run and improve the Service.

5.4 What you promise us about every image you upload

For each and every item of Your Content, you represent and warrant that:

(a) You own the Original Work, or you hold a written licence to it.

(b) That licence expressly allows derivative works. The Service creates derivative works from your photographs. You warrant that you have the right to create, and to authorise us to create, derivative works of them, and to publish and distribute the result.

Please actually read this paragraph — it is the single biggest legal risk in using any AI staging tool.

In most markets, and in the United States in particular, the photographer owns the copyright in property photographs — not the agent. Photographers typically grant agents a limited, non-transferable licence to market one specific property while it is listed. That licence usually does not include the right to create derivative works.

If your licence does not expressly permit derivative works, you do not have the rights you need to use this Service on that photograph. Uploading it anyway breaches this Agreement and may expose you to a copyright claim. In the United States, statutory damages for copyright infringement run from USD 750 to USD 30,000 per image, and up to USD 150,000 per image where the infringement is wilful.

If you are not certain, get written permission from your photographer first. We provide a free template — email [email protected] and we will send it to you.

(c) Your licence covers where and how long you intend to publish. That includes every channel you will use — property portals, MLS and IDX feeds, your website, social media, print — for the whole period you intend to use the Output, including after the property is sold or withdrawn if you intend to keep using it.

(d) Nothing you upload infringes anyone’s rights — copyright, trade marks, moral rights, image rights, or privacy rights.

(e) No identifiable people. Do not upload images containing identifiable individuals. If someone is in the frame, remove them before uploading. If you do upload an image containing an identifiable person, you warrant that you have that person’s written consent to the processing.

(f) The owner has authorised you. The property owner or seller has authorised you to market the property and to use digitally altered images to do so.

5.5 Breaking Section 5.4 is a serious breach. We may suspend or close your account immediately and without refund, and you remain liable under Section 18.

6. Output — who owns it, and what we do not promise

6.1 We assign to you whatever we have. To the extent we hold or acquire any right, title, or interest in an Output, we assign it to you — if any such right exists — once you have paid for it, and subject to Section 6.5.

6.2 We do not promise the Output is protected by copyright

You acknowledge and agree that:

(a) Under the law of many countries, including the United States, content generated by artificial intelligence without sufficient human authorship is not eligible for copyright protection at all. Nobody owns it. Anyone may copy it.

(b) We make no representation or warranty that any Output is protected by copyright, is original, is exclusive to you, or can be registered, licensed, or enforced.

(c) Where an Output is derived from an Original Work you supplied, any copyright that does exist in the Output may belong to the copyright owner of that Original Work — which may not be you. Section 5.4 exists precisely because of this.

(d) Nothing in this Agreement is a grant, transfer, or confirmation by us of copyright ownership in an Output. We cannot give you rights we do not have.

6.3 The Output is not unique. Generative AI does not produce one-of-a-kind results. Other users may receive identical or very similar Output from similar inputs. Do not rely on an Output being exclusive to you.

6.4 We do not warrant non-infringement. We do not warrant that an Output does not infringe anyone’s intellectual property rights. Review the Output before you use it.

6.5 What stays ours. Furniture and décor models, textures, style assets, templates, and prompts belonging to us or our licensors remain ours, even where they appear in an Output. You get a perpetual, worldwide, non-exclusive licence to use them as they appear in the Output, to market the property shown. You may not extract, isolate, or reuse them separately.

6.6 What you may do with the Output. Once paid for, and subject to Section 7, you may use the Output anywhere in the world to market the sale or rental of the property shown, and to promote your own business.

7. AI transparency, disclosure, and advertising rules

These are conditions of use, not suggestions. They exist because they are the law in the markets we serve.

7.1 The Output is AI-generated

The Service uses generative AI. Every Output is artificially generated or artificially manipulated content.

Machine-readable marking (our obligation). Article 50(2) of Regulation (EU) 2024/1689 (the EU AI Act) requires providers of AI systems that generate synthetic image or video content to mark their outputs in a machine-readable format, so that they are detectable as artificially generated or manipulated. For AI systems placed on the market before 2 August 2026, that obligation applies from 2 December 2026. We are implementing content provenance marking in order to meet that deadline.

You must not remove it. Where an Output carries content provenance metadata, a watermark, or any other AI marking applied by us, you must not remove, strip, obscure, or alter it. Doing so breaches these Terms and may put you in breach of the law.

Your own disclosure duty is separate, and it applies now. The marking obligation above is ours. The duty to disclose visibly, to the public that a published image is artificially generated or manipulated is yours, it applies from 2 August 2026, and it does not depend on what marking we apply. See Section 7.2.

7.2 You must disclose that your images are digitally altered

Wherever you publish an Output that adds, removes, or changes any element of the property shown, you must:

  1. place a clear and visible disclosure on the image itself — for example “Virtually Staged” or “Digitally Altered” — legible at the size the image is normally viewed;
  2. make the original, unaltered image available — either published next to the Output, or through a publicly accessible link, URL, or QR code that clearly identifies it as the original; and
  3. state in the listing text or advertising copy that the images have been digitally altered.

This applies everywhere you publish — property portals, MLS and IDX feeds, syndication, your own website, social media, email, and print. There is no exemption for social media.

Under Article 50(4) of the EU AI Act, a person who publishes AI-generated or AI-manipulated image content depicting a real place that would falsely appear authentic must clearly and visibly disclose that it is artificially generated or manipulated. When you publish an Output, you are the deployer, and that duty is yours. Our tools help you meet it; they do not discharge it.

7.3 What you must never use the Service for

You must not use the Service, and must not publish an Output, to:

  • conceal, reduce, or remove any defect or damage — cracks, damp, mould, subsidence, water damage, pest damage, structural problems;
  • change structural or permanent elements in a way that misrepresents the property — walls, windows, doors, roofline, façade, room dimensions, floor area, built-in fixtures;
  • show views or surroundings that are not actually visible from the property;
  • show features, land, or fittings that will not be sold with the property; or
  • otherwise create a materially misleading impression of the property.

7.4 Local rules are your responsibility

You must comply with the advertising rules of every jurisdiction, portal, MLS, association, and regulator that applies to you. For example, and without limitation:

  • European Union — Articles 50(2), 50(4) and 50(5) of the EU AI Act, and national advertising and consumer protection law.
  • California, USA — Cal. Bus. & Prof. Code § 10140.8 (AB 723), in force since 1 January 2026, requires a broker or salesperson, or a person acting on their behalf, who uses a digitally altered image in an advertisement for the sale of real property to disclose that the image has been altered and to provide a link, URL, or QR code to the original, unaltered image. A wilful violation of the California Real Estate Law is a crime.
  • United States generally — the NAR Code of Ethics requires a “true picture” in advertising, and many MLSs require the disclosure to appear on the image itself, with the unaltered original included in the listing.

7.5 Basic enhancement is different

Adjustments that do not change what the property actually looks like — exposure, brightness, contrast, white balance, colour correction, sharpening, noise reduction, straightening, cropping — are generally not “digital alteration” for disclosure purposes. Everything else the Service does is. If in doubt, disclose.

8. Acceptable use

You must not, and must not let your Authorised Users:

  • upload content you do not have the rights to (Section 5.4);
  • upload images of identifiable people without their written consent;
  • use the Service to create deceptive, fraudulent, or misleading material, or to hide property defects;
  • publish an Output without the disclosures required by Section 7, or strip our AI provenance marking;
  • reverse engineer, decompile, or try to extract the source code, models, weights, or prompts behind the Service;
  • use the Service or the Output to build, train, benchmark, or evaluate a competing product or model;
  • resell or sublicense the Service, except as part of your own property marketing services to your own clients;
  • get around usage limits, rate limits, or technical protections;
  • scrape or bulk-extract the Service;
  • upload malware or interfere with the security or availability of the Service; or
  • use the Service in breach of any law, including sanctions and export control law.

We may suspend or close your account for breach of this Section.

9. Listings, prices, payment, and refunds

9.1 How it works — no subscription

There is no subscription. You buy Listings outright, in the packages shown on the Pricing page, and use them when you want.

Each Listing includes, as set out on the Pricing page at the time of purchase:

  • up to 15 photographs;
  • up to 20 additional edits (a regeneration or a custom adjustment);
  • 1 video reel, with up to 5 further videos available to purchase at any time;
  • all AI features, with no per-feature credit deductions; and
  • custom branding.

If there is any conflict between these Terms and the Pricing page, the Pricing page prevails as to scope, limits, allowances, and price.

9.2 Listings expire after 12 months

A Listing remains active for 12 months from the date of purchase. An unused Listing expires at the end of that period and is not refundable or extendable. Photographs and edits included in a Listing cannot be moved to another Listing.

We will remind you by email before your Listings expire.

9.3 Prices, VAT, and taxes

Prices are shown on the Pricing page. The applicable VAT or sales tax is calculated and shown at checkout, based on your location and tax status.

  • EU business customers outside Slovakia with a valid VAT ID: the reverse charge mechanism applies.
  • EU consumers: VAT is charged at the rate of your country of residence.
  • Customers outside the EU: local sales, use, or consumption taxes may apply and will be shown at checkout where we are required to collect them. Where we are not required to collect them, you are responsible for them.

9.4 Payment

We use Stripe to process payments. We accept credit and debit cards, digital wallets such as Apple Pay, and bank transfers. Invoicing is available on request — contact [email protected].

9.5 Refunds

If you are a consumer, read Annex A first — it gives you a statutory right of withdrawal that overrides this Section.

For business customers:

  • We will refund an unused Listing — one to which no AI feature has yet been applied — if you ask within 14 days of purchase.
  • Once a Listing has been activated (any AI feature has been applied to it), it is no longer refundable, because we have already performed and incurred the processing cost.
  • We do not refund purchases made more than 30 days ago.
  • We may make exceptions at our discretion.

Refunds go back to the original payment method. Request one at [email protected].

10. Our intellectual property

The Service — its software, models, prompts, pipelines, asset libraries, interface, documentation, and brand — belongs to us and our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use it under this Agreement. All other rights are reserved.

Feedback. If you send us suggestions or feedback, we may use them freely, for any purpose, with no obligation to you.

11. AI providers and subprocessors

11.1 We deliver the Service in part using third-party AI models, including models from OpenAI. Your Content is transmitted to these providers for processing.

11.2 Our contracts with AI Providers prohibit them from using Your Content to train or improve their models.

11.3 AI Providers’ own terms and usage policies apply to the underlying models. We are not responsible for their outages, model changes, or model behaviour.

11.4 A current list of our subprocessors is available on request at [email protected].

12. Privacy and data protection

12.1 Our Privacy Policy explains what personal data we collect and why.

12.2 GDPR. Where we process personal data on your behalf, we act as processor and you as controller. Our Data Processing Agreement is available on request at [email protected] and applies to that processing.

12.3 We do not sell or share personal information as those terms are defined under the California Consumer Privacy Act.

12.4 Biometric data. The Service is not designed to, and does not knowingly, collect, capture, or store biometric identifiers, including scans of facial geometry. This is why Section 5.4(e) prohibits uploading images of identifiable people.

12.5 International transfers. Your Content is processed in the European Union and transmitted to AI Providers, which may process it in the United States. Transfers outside the EEA rely on Standard Contractual Clauses.

12.6 Retention. We keep Your Content and the Output while your account is active, and for 30 days after you delete them or close your account, after which they are deleted — subject to backup cycles and any legal retention obligation.

13. Reporting illegal content or copyright infringement

13.1 Notice and action (EU — Digital Services Act)

Anyone may notify us of content on the Service that they consider illegal. Send your notice to [email protected] with:

  1. a sufficiently substantiated explanation of why you consider the content illegal;
  2. a clear indication of where the content is (a URL, or enough information for us to find it);
  3. your name and email address (not required where the notice concerns child sexual abuse material or certain other offences); and
  4. a statement confirming your good-faith belief that the information in the notice is accurate and complete.

We will confirm receipt without undue delay, process the notice in a timely, diligent, non-arbitrary and objective manner, and tell you what we decided and why.

13.2 Copyright complaints (USA — DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send a written notice to our Designated Agent containing:

  1. a physical or electronic signature of a person authorised to act for the owner of the exclusive right allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the allegedly infringing material, with enough information for us to locate it;
  4. your address, telephone number, and email address;
  5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the owner’s behalf.

Designated Agent
Copyright Agent
Venca, s.r.o.
Muškátová 35, Hviezdoslavov, 930 41, Slovakia
Phone: +421902446558
Email: [email protected]
US Copyright Office Registration Number: DMCA-1075559

Full details of our copyright procedure, including counter-notices, are on our DMCA page.

Counter-notice. If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice under 17 U.S.C. § 512(g)(3) to the same address.

Misrepresentation. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

13.3 Repeat infringers

We close the accounts of repeat infringers in appropriate circumstances.

14. Confidentiality

Each of us will protect the other’s non-public information with at least reasonable care, use it only to perform this Agreement, and not disclose it except to people and advisors bound by confidentiality. This does not apply to information that is public, independently developed, lawfully received from someone else, or required to be disclosed by law.

15. Suspension and termination

15.1 By you. You can stop using the Service and close your account at any time from your account settings.

15.2 By us. We may suspend or close your account, in whole or in part, if:

  • you seriously breach this Agreement (in particular Sections 5.4, 7, or 8);
  • we receive a credible allegation that Your Content or an Output infringes someone’s rights;
  • your use creates a security, legal, or reputational risk; or
  • the law requires it.

15.3 We will tell you why. If we restrict, remove, or disable access to any of Your Content, or suspend or close your account, we will give you a clear and specific statement of reasons, including the legal or contractual ground we relied on, the facts we relied on, and how you can dispute the decision. You can dispute any such decision by emailing [email protected], and we will review it without undue delay.

Where practicable, and where it does not increase the risk, we will give you notice and a chance to put things right first.

15.4 What survives. Sections 5.4, 6, 7, 10, 14, 16, 17, 18, 20, 21 and 22 survive the end of this Agreement.

16. Disclaimers

Nothing in this Section or in Section 17 limits your rights as a consumer. See Annex A.

To the maximum extent permitted by law, the Service and all Output are provided “as is” and “as available”, without warranty of any kind.

We disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement.

In particular, we do not warrant that:

  • the Service will be uninterrupted, secure, or error-free;
  • any Output will be accurate, complete, realistic, or fit for your purpose;
  • any Output is protected by copyright, is original, or is exclusive to you;
  • any Output does not infringe the rights of a third party; or
  • any Output, or your use of it, complies with the advertising rules, MLS rules, or real estate regulations that apply to you.

17. Limitation of liability

17.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings.

17.2 Our total aggregate liability arising out of or relating to this Agreement will not exceed the greater of (a) EUR 500 and (b) the total amount you paid us in the 12 months before the event giving rise to the claim.

17.3 Sections 17.1 and 17.2 do not limit:

  • your obligation to pay;
  • your obligations under Section 18;
  • either party’s liability for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct; or
  • any liability that cannot be excluded or limited by law — including, for consumers, liability under mandatory consumer protection law.

18. Indemnity

This Section does not apply to consumers.

18.1 You will defend and indemnify us, our affiliates, and our people against any third-party claim, and all resulting damages, liabilities, settlements, costs, and reasonable legal fees, arising out of:

  • Your Content, including any claim that it — or an Output derived from it — infringes anyone’s copyright, trade mark, moral rights, image rights, or privacy rights;
  • your breach of Section 5.4 (what you promised about the images you upload);
  • your breach of Section 7 (AI transparency, disclosure, and advertising rules), including any claim by a buyer, seller, regulator, portal, MLS, or association arising from something you published;
  • your breach of Section 8;
  • your breach of any law or any professional or MLS rule; or
  • your use of an Output.

18.2 How it works. We will notify you promptly, give you control of the defence and settlement — except that you may not settle in a way that admits our liability, imposes any non-monetary obligation on us, or fails to release us unconditionally, without our written consent — and give you reasonable cooperation at your cost. We may join the defence with our own lawyers at our own cost.

18.3 Except under a separate signed agreement, we do not indemnify you against third-party intellectual property claims arising from an Output. See Sections 6.2 and 6.4.

19. Publicity

We will not use your name or logo in our marketing without your prior written consent.

20. Changes to these Terms

20.1 We may change these Terms. We will publish the updated version with a new effective date.

20.2 For material changes, we will give you at least 30 days’ notice by email to the address on your account.

20.3 If you do not accept a material change, you may stop using the Service before it takes effect and we will refund any unused, unexpired Listings on a pro-rata basis. If you keep using the Service after the effective date, you accept the change.

21. Governing law and disputes

21.1 These Terms are governed by the law of the Slovak Republic, and the courts of the Slovak Republic have jurisdiction — except as set out in Annex B for customers in the United States.

21.2 If you are a consumer, this choice of law does not deprive you of the protection of the mandatory law of the country where you live, and you may bring proceedings in the courts of that country. See Annex A.

21.3 Before starting proceedings, we will both try in good faith to resolve the dispute within 30 days of a written notice.

21.4 Either of us may still ask any competent court for an injunction to protect intellectual property or confidential information.

22. General

22.1 Assignment. You may not assign this Agreement without our written consent, except to a successor in a merger or a sale of substantially all your business. We may assign freely.

22.2 Force majeure. Neither of us is liable for a failure to perform (other than to pay) caused by something beyond our reasonable control, including AI Provider outages, internet or hosting failures, acts of government, and natural disasters.

22.3 Sanctions. You confirm that you are not located in, established under the law of, or a national of, a country subject to comprehensive EU or US sanctions, and that you are not on any restricted party list.

22.4 Severability. If any provision is held unenforceable, it will be adjusted to the minimum extent needed, and the rest stays in force.

22.5 No waiver. Not enforcing a provision does not waive it.

22.6 Notices. We may notify you by email to your account address or inside the Service. Notices to us go to [email protected] and, for legal process, to our registered office.

22.7 No partnership. This Agreement creates no agency, partnership, joint venture, or employment relationship.

22.8 Entire agreement. This Agreement, with the Privacy Policy, the Cookie Policy, and the Pricing page, is the whole agreement between us and replaces everything said before.

22.9 Language. These Terms are drawn up in English. Translations are provided for convenience. If there is a conflict, the English version prevails — except where mandatory consumer law in your country requires otherwise.

22.10 Order of precedence. (1) any separate signed agreement between us; (2) the Pricing page, as to scope, limits, allowances, and price; (3) these Terms; (4) our other policies.

23. Contact

Venca, s.r.o.
Muškátová 35, Hviezdoslavov, 930 41, Slovakia
IČO: 55647677 · IČ DPH: SK2122046487

All enquiries — support, billing, refunds, privacy, legal, and illegal content notices: [email protected]
Copyright and DMCA notices: [email protected]

[email protected] is also our single point of contact for the purposes of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), for both users and authorities. We accept communications in Slovak and English.

Annex A — Your rights if you are a consumer

You are a consumer if you are an individual acting outside your trade, business, craft, or profession — for example, if you are selling your own home rather than acting as a real estate professional.

If you are a consumer, the following applies, and prevails over anything in the main Terms that conflicts with it. Nothing in these Terms limits or excludes your mandatory statutory rights.

A.1 Right of withdrawal — 14 days

You have the right to withdraw from this contract within 14 days, without giving any reason.

How to withdraw. Tell us clearly, before the 14 days are up, by email to [email protected]. A simple statement is enough.

What you get back. We will refund you within 14 days of receiving your withdrawal, using the same payment method you used, at no cost to you.

A.2 When the right of withdrawal is lost

Read this before you start using a Listing.

When you buy a Listing, you may ask us to begin providing the service immediately — before the 14-day withdrawal period ends. At checkout, you must expressly consent to this and acknowledge that you will lose your right of withdrawal for a Listing once you activate it.

A Listing is activated the first time you apply any AI feature to it (enhancement, staging, empty room, floor plan, video, or description).

This means:

  • Listings you have not activated — you may withdraw and get a full refund within 14 days.
  • Listings you have activated — the right of withdrawal is lost for those Listings, because you asked us to perform immediately and we did.

If you activate some Listings in a bundle and not others, you may still withdraw from the ones you have not activated.

A.3 Statutory conformity rights

If the Service does not conform to the contract, you have the statutory rights available to you under EU and national law — including, as applicable, repair, replacement, a price reduction, or termination. These rights are free of charge and are in addition to anything we offer voluntarily.

A.4 Liability

The limitations in Sections 16 and 17 of the main Terms do not apply to you to the extent that mandatory consumer protection law does not permit them. Section 18 (Indemnity) does not apply to you at all.

A.5 Disputes — alternative dispute resolution

If you are unhappy with how we have handled a complaint, or if we have not replied within 30 days, you may ask for alternative dispute resolution (ADR). As we are established in Slovakia, the competent ADR body is:

Slovenská obchodná inšpekcia (Slovak Trade Inspection)
Inšpektorát SOI pre Bratislavský kraj
Bajkalská 21/A, P. O. Box č. 5, 820 07 Bratislava, Slovakia
www.soi.sk

If you live in another EU or EEA country, you can find the list of certified consumer dispute resolution bodies through the European Commission at consumer-redress.ec.europa.eu/dispute-resolution-bodies, and you can get free help with a cross-border dispute from the European Consumer Centre in your country.

ADR is voluntary and does not affect your right to go to court.

A.6 Courts and law

The choice of Slovak law in Section 21.1 does not deprive you of the protection of the mandatory law of the country where you live. You may bring proceedings against us in the courts of the country where you live.

A.7 Other jurisdictions

  • United Kingdom: UK GDPR and the Data Protection Act 2018 apply; you may complain to the Information Commissioner’s Office.
  • Australia / New Zealand: nothing in these Terms excludes or limits any statutory guarantee under the Australian Consumer Law or the New Zealand Consumer Guarantees Act that cannot lawfully be excluded.
  • Canada: PIPEDA applies.

Annex B — United States

This Annex applies if your billing address is in the United States. Where it conflicts with the main Terms, this Annex prevails.

B.1 Governing law

This Agreement is governed by the law of the State of Delaware, without regard to conflict of laws principles, and by the Federal Arbitration Act as to Section B.2.

B.2 Binding arbitration — please read, this affects your legal rights

Any dispute arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware, conducted in English.

B.2.1 Delegation. The arbitrator has exclusive authority to decide any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim can be arbitrated.

B.2.2 Small claims. Either of us may bring an individual claim in small claims court if it qualifies.

B.2.3 Injunctions. Either of us may ask a court for injunctive relief to protect intellectual property or confidential information.

B.2.4 Class action waiver. YOU AND AURA EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — will be severed and heard in court.

B.2.5 Jury trial waiver. IF ANY CLAIM PROCEEDS IN COURT, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

B.2.6 How to opt out. You may opt out of this Section B.2 by emailing [email protected] within 30 days of first accepting these Terms, stating your name, your account email, and that you opt out of arbitration. Opting out does not affect any other part of this Agreement.

B.2.7 Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

B.3 California residents — notice under Cal. Civ. Code § 1789.3

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

B.4 US Government end users

The Service is “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202. Government end users acquire only the rights set out in this Agreement.