Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and AudRead LLC, a New Mexico limited liability company ("AudRead," "we," "us," or "our"), governing your use of the AudRead mobile application and any related services we make available (collectively, the "App").
By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not install or use the App.
1. Eligibility
You must be at least 13 years old to use the App. By using the App, you represent that you meet this age requirement and that you have the legal capacity to enter into this agreement.
2. License to use the App
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, subject to these Terms and the Apple App Store Terms and Conditions (the "Usage Rules").
This license does not transfer ownership of the App or any intellectual property in it. We retain all rights not expressly granted in these Terms.
3. What AudRead does
AudRead helps you switch between reading a printed book and listening to its audiobook. The App identifies books from public-domain catalogs, downloads their audiobook chapters from the LibriVox public-domain audiobook archive, and uses on-device camera and text-recognition tools to find your reading position in the audio.
The App relies on third-party public-domain catalogs and on the public internet to function. We do not guarantee that any specific book is available, or that the catalogs we use will continue to operate or to make their data freely available.
4. Acceptable use
You agree that you will not, and will not attempt to:
- Use the App for any unlawful purpose or in violation of any applicable law or regulation.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent that this restriction is prohibited by applicable law.
- Modify, adapt, translate, or create derivative works of the App.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices in or on the App.
- Use the App to redistribute, resell, sublicense, or commercially exploit any content obtained through the App.
- Use the App in any way that interferes with the App's normal operation, the operation of the third-party catalogs the App uses, or any other user's enjoyment of the App.
5. Third-party content
The App provides access to content owned, operated, or maintained by third parties, including:
- Audiobook recordings from LibriVox, released by their narrators into the public domain.
- Book metadata and cover images from Open Library, provided under the Open Library Data License.
- Plain-text book content from Project Gutenberg, where works are in the U.S. public domain.
Third-party content is the responsibility of the third parties that provide it. We do not own, endorse, or guarantee the accuracy, completeness, or quality of any third-party content.
6. Public-domain works
The App is intended for use only with works that are in the public domain or that you otherwise have the right to access and use. We do not authorize and do not facilitate access to copyrighted works that are not in the public domain. If you believe that the App is being used to infringe a copyright, contact us at support@audread.com.
7. Intellectual property in the App
The App's source code, design, user interface, name, logo, and other identifying material are owned by AudRead or its licensors and are protected by copyright, trademark, and other intellectual property laws. Open-source components used in the App are subject to their respective licenses, viewable in Settings → About → Open Source Licenses.
8. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
9. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT THAT THE APP'S TEXT-RECOGNITION OR AUDIO-ALIGNMENT FEATURES WILL CORRECTLY IDENTIFY THE PAGE OR POSITION YOU ARE READING. THE APP IS A CONVENIENCE TOOL, NOT A SUBSTITUTE FOR HUMAN ATTENTION.
THE APP RELIES ON THIRD-PARTY CATALOGS AND PUBLIC NETWORKS THAT WE DO NOT CONTROL. WE DO NOT GUARANTEE THE AVAILABILITY OF ANY SPECIFIC TITLE OR RECORDING.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply only to the maximum extent permitted by law.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUDREAD, ITS MEMBERS, MANAGERS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM (WHICH IS LIKELY ZERO, AS THE APP IS FREE) OR (B) FIFTY U.S. DOLLARS ($50).
11. Indemnification
You agree to indemnify, defend, and hold harmless AudRead and its members, managers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any law or the rights of any third party.
12. Termination
These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the App. We may terminate or suspend your license at any time and without notice if we believe you have violated these Terms. Upon termination, the license granted in Section 2 ends and you must stop using the App.
13. Apple-specific provisions
You acknowledge that these Terms are between you and AudRead only, not with Apple Inc. ("Apple"), and that AudRead, not Apple, is solely responsible for the App and its content.
(a) Scope of license. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(b) Maintenance and support. AudRead is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services for the App.
(c) Warranty. AudRead is solely responsible for any product warranties, whether express or implied by law. 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 (currently zero). Apple has no other warranty obligation with respect to the App.
(d) Product claims. AudRead, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, regulatory compliance, and claims arising under consumer protection or privacy legislation.
(e) Intellectual property rights. In the event of any third-party claim that the App infringes that party's intellectual property rights, AudRead, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(f) Legal compliance. You represent that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) Third-party beneficiary. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico.
15. General
(a) Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and AudRead concerning the App.
(b) Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
(c) No waiver. Our failure to enforce any right or provision will not be deemed a waiver.
(d) Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
(e) Changes. We may revise these Terms from time to time. The most current version will always be posted at this URL. Continued use of the App after a change constitutes acceptance.
16. Contact
AudRead LLC
support@audread.com