TERMS OF USE

Last revision - August 17, 2021

Welcome to Aura. These Terms of Use are an agreement between you and Aura:

Aura Pay Limited Liability Company («Aura Pay»)
Antonovicha 48, suite 3
01350, Kiev, Ukraine

1. Accepting the terms of use.

When you create an Aura account using your mobile device, mobile application or computer (the "Service"), you agree to abide by: (i) these Terms of Use; (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if it applicable to you) and Security Guidelines, which are incorporated into this Agreement by reference; (iii) all posted and accepted terms if you purchase additional features, products or services that we offer as part of the Service (the "Agreement"). If you do not accept all of the terms of this Agreement and do not agree to be bound by them, do not use the Service.

We have the right to make changes in this Agreement and the Service. Such changes may be due to a variety of reasons, including changes in the law or specific legal requirements, implementation of new features, and changes in business practices. The current version of this Agreement is posted on the Service under "Settings" as well as on the aura.social website. We recommend you regularly check the Agreement for updates, because the latest version of the Agreement is the one that is valid. In case of any material changes that affect your rights or obligations, we will notify you of the changes in a reasonable way beforehand, which may include notifications through the Service or by email. By continuing to use the Service after the changes become effective, you agree to be bound by the new version of the Agreement.

2. Eligibility.

In order to create an account in Aura and use it, you must be at least 18 years old. When you create an account and use the Service, you represent and warrant that you:

  • have the right to enter into a legally binding contract with Aura;
  • are not a person who is prohibited from using the Service under the laws of the United States or any other jurisdiction. This means that you are not on the U.S. Treasury Department's Specially Designated Nationals and Banned Persons List or otherwise subject to similar prohibitions;
  • agree to comply with this Agreement and all applicable local, state, national and international laws and regulations;
  • have not been convicted of a felony or misdemeanor subject to prosecution (or a crime of similar severity), a crime of a sexual nature, or any crime of violence; and are not required to register with any federal or state sex offender registry.

3. Your account.

You are responsible for ensuring the confidentiality of your credentials that you use to log in Aura. However, you are also solely responsible for all activities that happen using those credentials.

4. Changes and termination of the Service.

Aura is always trying to improve the Service and offer you new interesting and useful features. This means that we have the right to add new features, make improvements, and remove certain features. We have the right not to notify you of such actions if they don't materially affect your rights or obligations. We also have the right to completely suspend the Service, which we will notify you of in advance, unless there are extenuating factors, such as for security reasons.

You may delete your account at any time by following the instructions in the "Settings" section of the Service. However, if you use a third-party payment account for in-app purchases, you should also unsubscribe from that account (e.g. iTunes, Google Play) to avoid further charges. Aura has the right to terminate your account at any time without notice if it considers that you have violated this Agreement. After such termination, you will lose your right to a refund of your purchases. After termination of your account, this Agreement shall be deemed terminated, but the following sections will remain in full force and effect with respect to you and Aura: Section 4, Section 5 and Sections 12-19.

5. Security. Your interaction with other subscribers.

Although Aura promotes respectful relationships between subscribers through features such as two-step subscriptions, that allow subscribers to communicate only after they both express interest in each other, Aura is not responsible for the actions of subscribers inside or outside the Service. You agree to be careful in your interactions with other subscribers, especially if you choose to meet face-to-face. In addition, you accept to read and agree to comply with Aura's Security Guidelines before using the Service. You agree not to provide your financial information (such as your credit card or bank account information) or transfer or otherwise send any money to other subscribers.

YOU HAVE SOLE RESPONSIBILITY TO COLLABORATE WITH OTHER SUBSCRIBERS. YOU UNDERSTAND THAT AURA DOES NOT CHECK SUBSCRIBERS' CRIMINAL RECORDS, OR ASK FOR OTHER PERSONAL INFORMATION ABOUT SUBSCRIBERS. AURA MAKES NO WARRANTIES ABOUT SUBSCRIBERS' ACTIONS.

6. The rights that Aura grants to You.

Aura grants You a personal, worldwide, royalty-free, nontransferable, non-exclusive, revocable and non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling You to enjoy the benefits of the Service provided by Aura under this Agreement. As part of this license, you may not:

  • use the Service or any materials as part of the Service for any commercial purpose without our written consent;
  • Copy, modify, transmit, create any derivative works from, use, or in any way reproduce any copyrighted materials, images, trademarks, trade names, proprietary information, service marks, or other intellectual property available through the Service without Aura's prior written consent;
  • attempt to pass off any of your statements as statements approved by Aura;
  • use robots, bots, "spiders," search robots, "scrapers," website scanning applications, proxy servers, and other manual or automatic devices, methods, or processes to access the Service, to retrieve or index its content, to recreate the Service, its appearance or its contents, or to circumvent its navigation structure;
  • use the Service in any way that may interfere with or disrupt the operation of the Service or adversely affect the Service, servers or networks connected to the Service;
  • upload viruses or other harmful code, or otherwise violate the security of the Service;
  • forge headers or otherwise manipulate identifiers in order to hide the origin of any information transmitted through the Service;
  • create a "frame" or "mirror" of any part of the Service without Aura's prior written permission;
  • use metatags, code or other devices that contain any reference to Aura or the Service (or any trademarks, trademarks, service marks, logos or slogans of Aura) to direct    any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble any part of the Service or induce others to do so;
  • use or develop any third-party applications that interact with the Service or other subscriber Materials without our written permission;
  • use, access, or publish the Aura application programming interface without our written permission;
  • investigate, scan or test vulnerabilities in our Service or any system or network;
  • encourage any actions that violates this Agreement.

The Company has the right to investigate unlawful and/or unauthorized uses of the Service, and may pursue any legal remedies, including termination of your account.

Any software that we provide to you may automatically download and install updates or other new features. Automatic download controls available in the settings menu of your device.

7. The rights you grant to Aura.

By creating an account, you grant Aura a perpetual, assignable, royalty-free, sublicensable right and license to post, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the information that you provide access to and any information (collectively, "Materials") that you publish, upload, display or otherwise make available to other subscribers (collectively, "post"). Aura's license to use your Materials is non-exclusive, except for Aura's license with respect to derivative works created using the Service. For example, Aura has an exclusive license to use screenshots of the Service that contain your Materials. In addition, in order to prevent the use of your Content outside of the Service, you grant Aura the right to act on your behalf with respect to infringements relating to the use of your Content extracted from the Service by other subscribers or outsiders. This is an express authorization, but not an obligation, to send notices under 17 U.S.C. § 512(c)(3) (i.e., Digital Millennium Copyright Act infringement notices) on your behalf if your Materials are extracted and used by unauthorized persons outside of the Service. Our permission to use your Material is subject to applicable laws (such as laws protecting personal data to the extent any Material is considered to contain personal data under such laws) and is used solely for the operation, development, enhancement of the Service and related services, and research and development of new services. You agree that any Materials you post to the Service may be viewed by other subscribers and any person visiting the Service or participating in the Service (including persons who receive forwarded Materials from other Aura subscribers).

You acknowledge that all information you provide in creating your account is accurate and truthful, and that you have the right to post Materials to the Service and to grant Aura the above license.

By creating an account, you agree to the addition of a biometric template of your face (photo) taken with the camera of the device on which the application is installed. At the same time you give your permission for other users of the Aura network to recognize your face through their device on which the application is installed.

While Aura makes every effort to protect you from unauthorized access or the alteration, disclosure or destruction of your personal information, we do not guarantee, and you should not expect, that your personal information will always remain secure.

Considering that we have no control over what others will do with your information after you post it, including by adding a biometric template of your face (photo) and allowing other users of the Aura network to recognize your face, you agree that Aura is not responsible for the use, retention, alteration, disclosure or destruction of this information by other Aura network users or third parties.

You understand and agree that we have the right to monitor and review any Materials you post on the Service. We have the right to remove, in whole or in part, any Material that we find violates this Agreement or may damage the reputation of the Service.

You agree to be respectful and courteous in your communications with our customer service representatives. If we consider your conduct toward our customer service representative or other employees to be threatening or offensive, we reserve the right to terminate your account immediately.

As Aura allows you to use the Service, you agree that we, our affiliates and independent partners have the right to advertise on the Service. By sending Aura suggestions or feedback regarding the Service, you consent to Aura's right to use and share that feedback for any purpose without compensation to you.

Aura has the right to receive, store and disclose information about your account and Materials as required by law or to comply with this agreement with you if Aura believes in good faith that such access, storage or disclosure is lawful for the purpose of: (i) complying with a court order; (ii) enforcing the Agreement; (iii) addressing a claim that any Materials violate third party rights; (iv) responding to your customer service call; (v) protecting the right, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you are not allowed to:

  • use the Service for any purposes that are prohibited by this Agreement;
  • use the Service with intent to harm or with malice;
  • use the Service for the purpose of harming Aura;
  • Violate our Community Rules, updated from time to time;
  • send spam, solicit money from subscribers, or defraud subscribers;
  • impersonate any person or organization or post any images of another person without his or her permission;
  • harass, stalk, threaten, abuse, insult or disparage anyone, or spread defamatory material;
  • post Material that violates anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contractual rights;
  • post content that incites hatred or contains threats, or content of a sexual or pornographic nature;
  • post content that incites abuse; contains nude images, graphic or gratuitous violence;
  • post Content that promotes racism, intolerance, hatred of any person or group, or that contains physical threats;
  • attempt for any purpose to obtain other subscriber's passwords or personal information for commercial or illegal purposes, or share personal information about others
  • without his or her permission;
  • use another subscriber's account, transfer your account to another person, or create more than one account;
  • create another account if we have already terminated your account unless you have permission to do so.

Aura reserves the right to investigate and/or terminate your account without refund of any purchases if you violate the terms of this Agreement, misuse the Service, or if, in Aura's opinion, your behavior, including actions or communications both within or outside the Service, is inappropriate or illegal.

9. Content from other subscribers.

Although Aura reserves the right to review and remove Materials that violate this Agreement, such Materials are the sole responsibility of the subscriber who posted them. Aura cannot guarantee that all Materials are consistent with this Agreement. If you encounter Materials posted as part of the Service that violate this Agreement, please report it.

10. Purchases.

General Provisions. Aura has the right to offer fee-based products and services ("in-app purchases") from time to time through iTunes, Google Play, your mobile carrier, the Aura payment service, or other payment platforms authorized by Aura. In order to make an in-app purchase, you will be required to confirm payment with the applicable payment processor and the selected payment method (bank card or third-party payment service such as Google Play or iTunes) (the "payment method"); this payment method will be used to debit the cost of the in-app selected service, including any applicable fees and taxes. By confirming the payment, you give Aura or a third-party payment service your consent to charge the appropriate amount. If you purchase an auto-renewing subscription through the app, the subscription fee will be charged periodically using your payment method until you cancel it. When your initial subscription and subsequent subscription periods expire, it will automatically renew for the applicable term at the price you accepted when you subscribed.

Auto-renewal; automatic card payment

Subscriptions will automatically renew until canceled or suspended. After purchasing a subscription, you will be charged a monthly payment corresponding to the amount you agreed to at the time of subscription; the amount is debited within 24 hours before the date of initial payment; payment is made in the payment method selected at the time of subscription. The payment details of the bank card are stored and will be used for automatic payment by card in accordance with the terms of the Agreement.

If you do not agree with a charge that was already debited, please submit your objection to customer support if the charge was made directly through Aura, or to an appropriate third-party payment service, such as iTunes. You can also object to the payment by contacting your bank or payment service provider, who will inform you of your rights and set refund deadlines.

You may cancel your consent to automatic card payments unilaterally at any time in Aura Settings or the applicable third-party payment service, but you must pay all amounts due at that time.

To change or cancel your subscription, log in to your third-party payment provider account (or Aura Settings) and follow the instructions to cancel your subscription (even if you have deleted your account or the Aura app from your device). If you delete your Aura account or the Aura app from your device, your subscription is not canceled or terminated; Aura will continue to charge you using your chosen payment method until the subscription is canceled in Aura or in your third-party payment provider account. Once you cancel your subscription, you may continue to use it until the end of the already paid period, at the end of which time the subscription will not be renewed.

Additional conditions when you send payments to Aura directly using the selected payment method. If you pay Aura directly, Aura has the right to correct any errors in your payment information even after you submit a payment request or payment receipt. If you initiate a refund transaction or otherwise cancel a payment made with your chosen payment method, Aura has the right to immediately terminate your account in its sole discretion.

You can change your payment method in Aura under "Settings". If a chargeback fails due to expiration of the payment method, lack of funds, or other reasons, after which you have not changed your payment method information or canceled your subscription, you are responsible for all unfulfilled payments and give us permission to continue the chargeback after updating your payment method information. This situation could change the debit dates for your payments. In addition, you permit us to obtain an extended expiration date and updated number for your credit or debit card from its issuer. Payment terms depend on the selected Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other selected payment method provider.

Virtual Items. You have the right to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use "Virtual Items", (collectively, "Virtual Items"). The balance of Virtual Items displayed in an account is not an actual balance and does not reflect any stored value. It is, in fact, a measure of your license score. Not using Virtual Items does not result in a write-off of any fees, but the license granted to you with respect to Virtual Items will terminate under the terms of this Agreement if Aura discontinues providing the Service or if your account is otherwise terminated. Aura reserves the right, in its sole discretion, to change the cost of access to Virtual Items and/or may distribute Virtual Items for either a fee or for free. Aura has the right to control, regulate, monitor, modify or destroy the Virtual Items. In exercising these rights, Aura has no liability to you or any third party. Virtual Items may only be obtained through the Service. ACQUISITION AND RECEIPT OF VIRTUAL ITEMS THROUGH THE SERVICE IS FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use within the Service is a service that begins immediately upon confirmation of purchase of the Virtual Items.

YOU AGREE THAT AURA HAS NO OBLIGATION TO REFUND VIRTUAL ITEMS OR OTHERWISE REIMBURSE YOU FOR UNUSED VIRTUAL ITEMS, WHETHE

Refunds. Generally, all costs associated with purchases are non-refundable. There are also no refunds or credits available for early cancellation of subscriptions. We may make an exception if a refund is requested within fourteen days of the transaction or if the laws of your country require a refund.

In accordance with local law, subscribers living in the EU or the European Economic Area are entitled to a full refund without giving a reason within 14 days of the start of the subscription. Please note that the 14-day period begins when the subscription is activated.

Purchases of Virtual Items are FINAL and REFUNDABLE.

Refund Request:
If you have subscribed through your Apple ID, refunds are issued through Apple, not Aura. To request a refund, open iTunes, click on your Apple ID, select "Purchase History," find the transaction and click "Report a Problem". You can also send a request to https://getsupport.apple.com.

If the subscription was made through your Google Play Store account or through Aura directly, contact customer service with the order number from the Google Play Store (found in the order confirmation email, and also in Google Pay Send) or Aura (found in the confirmation email). You can also cancel your subscription via regular mail: send us a signed and dated notice that you, as a customer, are canceling the agreement. In this notification, in addition to the order number, please include your e-mail address or cell phone number registered in your account.

If you exercise your right to cancel (this does not apply to purchases made through an Apple ID, for which Apple is responsible), we will refund (or ask Google to refund) all payments received from you as soon as possible, but no later than 14 days from the date of your notice of cancellation of the Agreement. Refunds will be made in the same manner in which the purchase was paid for. Regardless of the method of cancellation selected, there will be no refund fee.

You cannot cancel an order for delivery of digital content transmitted in a non-physical medium if the order has been processed after you have provided your express consent and you have acknowledged that you agree to the cancellation. This rule applies, for example, to purchases of Virtual Items. This means that such purchases are FINAL and NOT REFUNDABLE OR REFUNDABLE

Pricing Policy. Aura operates globally and serves a diverse group of subscribers. Our pricing may vary depending on the country, length of subscription, set of services in the subscription, recent promotions in the app, and other factors. We frequently test new features and pricing policies so that our subscribers can access new features and payment options if they wish.

Payment for the goods is made by Visa and Mastercard through the payment system https://www.liqpay.ua/ and is carried out by the legal entity Entrepreneur Koshkina Lesya Pavlivna, which is registered and operates according to the laws of Ukraine.

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you think that your work has been copied and posted on the Service in a way that constitutes copyright infringement, provide our Copyright Agent with the following information:

  • an electronic or physical signature of a person who is authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the location of the infringing material on the Service (such description must be sufficiently detailed for us to locate the infringing material);
  • your contact information, including address, telephone number, and email address;
  • a written statement from you that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are empowered to act on the copyright owner's behalf.

Notification of copyright infringement should be sent to the Company's Copyright Agent at copyright@aura.social.

Aura agrees to terminate the accounts of repeat infringers.

12. Disclaimer of liability.

AURA PROVIDES THE SERVICE IN ITS EXISTING CONDITION AND, TO THE EXTENT POSSIBLE, IN COMPLIANCE WITH APPLICABLE LAW, AND MAKES NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES REGARDING THE SERVICE (INCLUDING ALL MATERIALS), SPECIFICALLY ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AURA DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; (B) DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) THE MATERIALS OR INFORMATION THAT YOU RECEIVE THROUGH THE SERVICE ARE ACCURATE.

AURA IS NOT RESPONSIBLE FOR MATERIAL THAT YOU OR ANOTHER SUBSCRIBER OR THIRD PARTY POSTS, SUBMITS OR RECEIVES THROUGH THE SERVICE. YOU ACCESS MATERIAL UPLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES AT YOUR OWN RISK.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Aura is not responsible for the availability (or lack thereof) of such external sites or resources. If you choose to interact with third parties through the Service, your relationship with them is subject to the terms and conditions of such third parties. Aura is not responsible for such third party terms and conditions or actions.

14. Limitation of Liability.

UNDER APPLICABLE LAW, AURA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, CONTINGENT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, IN PARTICULAR, DIRECT OR INDIRECT LOSS OF PROFITS, OR ANY LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ACTS OR MATERIALS OF OTHER SUBCONTRACTORS; AND (III) THE USE OF THE SERVICE. AURA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO AURA FOR THE SERVICE AND USD100 SUBJECT TO YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

15. Arbitration, class action waiver and jury trial waiver.

Except for subscribers resident in the European Union, the European Economic Area and other countries in which it is forbidden by applicable law:

  1. The exclusive remedy for any dispute or claim arising out of this Agreement (including any alleged breach of this Agreement) or the Service shall be MANDATORY ARBITRATION at the JAMS Arbitration, Mediation and Alternative Dispute Resolution Center in accordance with the JAMS Arbitration Rules, except for provisions that conflict with the provisions of our Arbitration Procedures. The only exception to this exclusivity clause for arbitration is the right of either party to bring separate claims against the other party in small claims court of the applicable jurisdiction or, if a claim has been filed in arbitration, the respondent may request that the case be continued in small claims court if the claim falls within the jurisdiction of the small claims court. If an application for referral to the Small Claims Court is made prior to the appointment of an Arbitrator, the arbitration shall be administratively terminated. If an application for referral to the Small Claims Court is made after the appointment of the Arbitrator, the Arbitrator shall determine whether to continue the case through arbitration or to refer it to the Small Claims Court. Such arbitration is in writing only, unless you or Aura chooses to exercise the right to an oral hearing before an arbitration judge. If you choose arbitration or small claims court, you agree not to commence, support or participate in any class action, class arbitration or other representative action or proceeding against Aura under any circumstances.
  2. By using the Service, you agree to the above arbitration agreement. By doing so, YOU waive your right to go to court to pursue a claim or defense between you and the Company (except for matters that may be litigated in small claims court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER CLASS PROCEEDINGS. If you initiate an action against Aura in a non-small claims court (and Aura does not file a motion to transfer the action to small claims court), your rights will be determined by the NEUTRAL ARBITRATOR, NOT the JUDGE OR JUDGE, and the Arbitrator will rule on all claims and all other issues in connection with the arbitrability of the dispute. You have the right to a fair hearing by the Arbitrator. In general, the Arbitrator is entitled to all remedies that a court may provide, including the possibility of a non-judicial hearing (including a non-judicial hearing based on the parties' statements or a non-judicial hearing based on the parties' statements and evidence presented), but note that arbitration in general is a simpler and more convenient process than court and other forms of litigation. Arbitrator's decisions can be enforced in court and can be overturned by the court for limited reasons. For information about the arbitration process, see our Arbitration Procedures.
  3. Any proceedings to enforce this arbitration agreement, including any proceedings to confirm, modify or vacate an award, may be brought in any court of competent jurisdiction.
  4. You hereby irrevocably consent to the jurisdiction of those courts in this context.
  5. The European Commission's online dispute resolution platform is available at http://ec.europa.eu/odr. Aura does not participate in consumer arbitration dispute resolution procedures for subscribers residing in the EU or the European Economic Area.

16. Applicable Law.

For subscribers residing in the European Union, the European Economic Area or other countries in which our arbitration agreement is prohibited by law, the laws of Ukraine shall apply to any disputes arising out of this Agreement or the Service.

17. Place of Dispute.

Except for subscribers residing in the EU or the European Economic Area who may bring claims in their country of residence under applicable law, and except for claims that may be properly adjudicated by a small claims court of competent jurisdiction, all claims arising out of or relating to the Service or your relationship with Aura that for any reason are not submitted to arbitration will be resolved exclusively in Ukraine. You and Aura consent to the jurisdiction of the courts of Ukraine and waive any representations that there is no close connection between the dispute and its venue.

18. Subscriber's indemnification and defense of liability.

You agree (to the extent permitted by applicable law) to defend and indemnify Aura, our affiliates, their and our officers, directors, agents and employees against any and all claims, demands and liabilities, and to reimburse you for losses, costs and expenses, including attorney's fees, arising from or related in any way to your access to or use of the Service, your Materials or your breach of this Agreement.

19. Exhaustive nature of the agreement and other terms and conditions.

This Agreement, as well as the Privacy Policy, Cookie Policy, Security Guidelines, Arbitration Procedures (if applicable to you) and any terms disclosed and agreed to by you when you purchase additional features, products or services that we offer as part of the Service, constitute the entire agreement between you and Aura with respect to your use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement remains in full force and effect. Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision thereafter. You agree that your Aura account is non-transferable and all of your rights with respect to your account and the Materials shall terminate upon your death. This Agreement does not create a joint venture, agency, partnership, employment, fiduciary or any other relationship. You may not make any representations or commitments on behalf of Aura.

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