Terms of Use

1. Agreement to these Terms

The Books Come Alive mobile application (the "App") and the Books Come Alive website (the "Website") are owned and operated by Erin Gerald Affiliates, LLC, a Delaware limited liability company ("Erin Gerald Affiliates," "we," "us" or "our"). We call the App, the Website, and the stories, illustrations, animations, music and other content in them the "Services."

By downloading, accessing or using the Services, you agree to these Terms of Use (the "Terms") and to our Privacy Policy. If you do not agree, do not use the Services.

2. Who can use Books Come Alive

You must be at least 18 years old, or the age of majority where you live, to create an account, start a free trial or make a purchase. Books Come Alive is designed for parents and caregivers to read to children. Children may watch and listen while a parent or caregiver uses the App, but they should not use the App on their own, and they may not create accounts or make purchases.

You are responsible for supervising any child who watches or listens while you use the Services.

3. Your account

You sign in to the App with Sign in with Apple. You are responsible for activity that happens through your account and your device, and for keeping your device and Apple ID secure. The profile information you enter, including your child's name, age group and interests, must be accurate and must be information you have the right to provide.

You can delete your account at any time in the App under Settings → Delete Account. Deleting your account does not cancel a subscription. See Section 5 for how to cancel.

4. Device requirements

The App is designed for iPhone Duo. You can browse your bookshelf and manage your account with your iPhone Duo closed. Reading a story requires your iPhone Duo to be open and turned sideways, because the story text appears on your side and the animations appear on the Kid Cue screen facing your child.

You are responsible for having a compatible device, a supported version of iOS, and any internet connection needed to download the App, books or soundtracks. Your carrier's data rates may apply. Once downloaded, books are saved on your device and can be read without an internet connection.

5. Subscriptions, free trial and purchases

Subscription

Some books and features require a paid Books Come Alive subscription ("Premium"). Subscriptions are sold through Apple's App Store and are billed to your Apple ID. The price, billing period and currency are shown in the App and in the App Store before you buy.

Free trial

New subscribers may be offered a 7-day free trial. Free trials are limited to one per Apple ID and are subject to Apple's eligibility rules. Unless you cancel at least 24 hours before the trial ends, your subscription will start and you will be charged automatically.

Automatic renewal

Your subscription renews automatically at the end of each billing period, and your Apple ID is charged within 24 hours before the period ends, unless you cancel at least 24 hours before the end of the current period. You can manage or cancel your subscription in your iPhone's Settings under your name, then Subscriptions, or in your App Store account settings. If you cancel, you keep access until the end of the period you've already paid for.

In-app purchases

You may also buy individual books, lullaby soundtracks and other content through in-app purchases. Purchased content is licensed to you, not sold, under Section 6. You can restore eligible purchases on a compatible device signed in to the same Apple ID.

Prices and changes

We may change subscription prices. Apple will notify you of a price increase as required by its rules and, where required, ask for your consent before the new price applies.

Refunds

All payments are processed by Apple, and we cannot issue refunds directly. To request a refund, visit reportaproblem.apple.com. Refunds are subject to Apple's policies and to any rights you have under the law where you live.

6. Your license to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App, and to view and read aloud the content you have access to, on Apple-branded devices that you own or control, for your own personal, non-commercial, family use. This license is also subject to the Usage Rules in Apple's Media Services Terms and Conditions.

You may not:

• copy, distribute, sell, rent, lend or sublicense the App or its content
• record, publicly perform, broadcast or stream the App's stories, animations or music, including on social media, in classrooms or libraries, or at events, without our written permission
• modify, translate or create derivative works from the App or its content
• reverse engineer, decompile or disassemble the App, or try to access its source code, except where the law allows it despite this restriction
• remove or alter any copyright, trademark or other notices
• get around any feature that limits access to paid content
• use the App or its content to train artificial intelligence or machine learning models

If you'd like to use Books Come Alive in a classroom, library or other group setting, email us at info@eringerald.com.

7. Ownership and trademarks

The Services, including all stories, text, illustrations, animations, music, soundtracks, software, designs and other content, are owned by Erin Gerald Affiliates or its licensors and are protected by copyright, trademark and other laws. Except for the license in Section 6, these Terms do not give you any rights in the Services.

Books Come Alive™, the Books Come Alive logo, and related names, logos and designs are trademarks of Erin Gerald Affiliates, LLC. You may not use them without our prior written permission. Apple, iPhone, App Store and Sign in with Apple are trademarks of Apple Inc. Other trademarks belong to their owners.

8. Acceptable use

You agree not to use the Services:

• in a way that breaks any law or infringes anyone's rights
• to interfere with, disrupt or overload the Services, or to introduce viruses or other harmful code
• to access the Services by automated means, such as bots or scrapers, except standard search engine indexing of the Website
• to impersonate anyone or misrepresent your relationship with anyone
• for any commercial purpose not allowed by these Terms

9. Bedtime and safety

Books Come Alive is a storytelling app. It is not a medical device, a sleep aid or a substitute for parental care or professional advice about your child's sleep or health.

• Always supervise your child while using the App.
• Never leave a phone or other device in a crib, bassinet or bed with an infant or young child. Follow safe sleep guidance from your pediatrician.
• Keep the device out of reach of young children, set volume and brightness to comfortable levels, and stop using the App if your child seems uncomfortable.

10. Apple App Store terms

If you downloaded the App from Apple's App Store, you and we also agree that:

• These Terms are between you and Erin Gerald Affiliates only, not Apple Inc. ("Apple"). Erin Gerald Affiliates, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where available.
• Erin Gerald Affiliates is solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are Erin Gerald Affiliates' responsibility, to the extent not disclaimed in these Terms.
• Erin Gerald Affiliates, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws.
• If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, Erin Gerald Affiliates, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept 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.

Questions, complaints or claims about the App should be sent to Erin Gerald Affiliates at info@eringerald.com.

11. Third-party services

The Services rely on third-party services, including Apple (App Store, payments and Sign in with Apple) and RevenueCat (subscription management). Your use of those services is subject to their own terms and privacy policies. The Website may link to other sites, such as the App Store or Google Calendar. We are not responsible for third-party services or sites.

12. Feedback

If you send us ideas, suggestions or other feedback about the Services, we may use them without any obligation or payment to you.

13. Changes to the Services

We are always working on Books Come Alive, and we may add, change or remove features, books or other content. Books in your library that you bought separately will stay available to you, except where we must remove them for legal reasons or because a licensor's rights have ended. In that case, we will try to give you notice and, where the law requires, a remedy.

14. Ending these Terms

You can stop using the Services at any time by deleting your account and the App. Remember to cancel any subscription through Apple.

We may suspend or end your access to the Services if you seriously or repeatedly break these Terms, or if we are required to by law. Where reasonable, we will tell you first. If we stop offering the App entirely, we will give reasonable notice. Sections 6 (restrictions), 7, 12 and 15 through 21 continue to apply after these Terms end.

15. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Services will be uninterrupted, error-free or secure, that they will work with every device, or that they will help your child fall asleep.

Some places do not allow certain warranties to be excluded, so some of these exclusions may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ERIN GERALD AFFILIATES AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Erin Gerald Affiliates and its members, managers, employees and contractors from any claims, losses and expenses (including reasonable attorneys' fees) arising from your misuse of the Services or your breach of these Terms.

18. Dispute resolution and arbitration

Let's talk first

Most concerns can be resolved quickly. Before starting any formal proceeding, you agree to email us at info@eringerald.com with your name, a description of the issue and the outcome you want. We'll do the same if we have a dispute with you. Both of us will try in good faith to resolve it within 60 days.

Binding individual arbitration

If we can't resolve the dispute informally, you and Erin Gerald Affiliates agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, not in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at adr.org, and will be decided by a single arbitrator. The Federal Arbitration Act governs this agreement to arbitrate.

The arbitration may be held by video or phone, based on written submissions, or in person in the U.S. county where you live, as you choose. Payment of filing and arbitrator fees will follow the AAA Consumer Arbitration Rules, and for claims under US $10,000 that are not frivolous, we will pay those fees. The arbitrator may award the same individual relief a court could, but only to you individually.

Exceptions

Either of us may instead (a) bring an individual claim in small claims court if it qualifies, or (b) ask a court for an injunction to stop infringement or misuse of intellectual property.

Class action and jury trial waiver

You and Erin Gerald Affiliates each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. You and Erin Gerald Affiliates each waive the right to a jury trial. If this class action waiver is found unenforceable for a particular claim, that claim will be decided in court under Section 19, not in arbitration.

Your right to opt out

You can opt out of this agreement to arbitrate by emailing info@eringerald.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your name and the email address linked to your account. Opting out will not affect any other part of these Terms.

Time limit

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

19. Governing law

These Terms and any dispute related to them or to the Services are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law rules. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware. If you are a consumer outside the United States, you may also have the benefit of mandatory consumer protection laws where you live.

20. Changes to these Terms

We may update these Terms from time to time. We will change the "Last updated" date above, and if a change is material, we will tell you in the App or on the Website at least 14 days before it takes effect. Continuing to use the Services after the changes take effect means you accept them. Changes will not apply to disputes we already know about.

21. General terms

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a part of these Terms, that is not a waiver of our right to do so later.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control.
• Export laws. You agree to comply with U.S. export control and sanctions laws when using the App.
• Notices. We may send you notices in the App, on the Website, or by email if you have written to us. You can send notices to us at the email address below.

22. Contact us

Questions about these Terms, the Privacy Policy or the Books Come Alive app can be sent to: