Terms of Service
Effective October 1, 2026
PLEASE READ SECTION 17 CAREFULLY. EXCEPT WHERE THE LAW WHERE YOU LIVE DOES NOT ALLOW IT, IT REQUIRES YOU AND BOOKWORM TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES JURY TRIALS AND CLASS ACTIONS, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.
1. Accepting These Terms
Bookworm is operated by Skylex, 11238 Essence Point Ave, Las Vegas, Nevada, United States (“Bookworm,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our apps, website, and wiki (together, “the Service”). They are a legally binding agreement between you and Skylex.
When you create an account on our website or in the app, we show you these Terms and our Privacy Policy and record your acceptance, including the version you accepted and the time. By accepting, or by using the Service, you agree to these Terms. You agree that tapping “Agree” or a similar button is your electronic signature. If you do not agree to these Terms, do not use the Service.
Our Privacy Policy explains how we handle personal information.
2. What Bookworm Is
Bookworm is a software tool that provides AI-powered reading features for EPUB files that you provide and for the books in the Bookworm Library. The Service includes features such as AI-generated chapter illustrations, glossaries, narration, and interactive Q&A.
Bookworm does not sell copyrighted books. Apart from the public-domain works in the Bookworm Library (Section 4.6), the books in your library are files you provide, and you are responsible for them. We do not have any affiliation with any book publishers, authors, or content distributors.
3. Eligibility and Accounts
3.1 Who May Use Bookworm
- You must be at least 13 years old, or older if the law where you live sets a higher minimum age for using a service like Bookworm without parental consent.
- If you are under 18 (or under the age of majority where you live), you may use the Service only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use.
- We do not knowingly collect personal information from children under 13. If we learn that we have, we will delete it and close the account.
- You may not use the Service if you are barred from doing so under applicable law, including export-control and sanctions laws (see Section 9).
3.2 Your Account
- Each account is for one person. You may not share your account or credentials.
- You must provide accurate and complete information and keep it up to date.
- You are responsible for keeping your credentials secure and for all activity under your account.
- Tell us promptly at [email protected] if you believe your account has been used without permission.
4. Your Books and Other Content
4.1 Your Content, Your Responsibility
You are solely responsible for all content you upload, import, or process through the Service (“User Content”). You may upload only files you have the right to use. By using the Service, you represent and warrant that:
- You own the User Content or have obtained all necessary rights, licenses, and permissions to use it
- Your User Content was legally acquired through legitimate means
- You have the legal right to process the content through AI systems
- Your use of the Service does not violate any applicable laws or third-party rights
- You are not uploading pirated, illegally obtained, or unauthorized copies of any content
- You accept responsibility for any AI-generated content the Service produces by interpreting your User Content, and you agree not to hold Bookworm liable for the character, tone, or accuracy of those interpretations
4.2 Ownership and Our Licenses
Bookworm does not claim any ownership rights over your User Content. All User Content remains your property and your responsibility.
You grant Bookworm a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, and transmit your User Content, and to generate AI outputs from it, solely to provide, operate, and secure the Service. This includes processing by service providers acting on our behalf under confidentiality obligations. We do not sell your User Content. This license ends when you delete the content or your account, except for copies we must keep for a limited time for legal, security, or backup reasons.
You also grant Bookworm a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display and distribute the analyses, summaries, character and place profiles, illustrations, narration and other AI outputs and data derived from your User Content (“Derived Content”), without identifying you, to provide the Service to other users and to publish the Bookworm wiki and marketing. This license does not cover your uploaded files. We never give your files to other users.
4.3 Publisher and Copyright Compliance
Bookworm respects the rights of copyright holders, publishers, and authors. Our Service:
- Does NOT circumvent any digital rights management (DRM) protections
- Does NOT encourage or facilitate copyright infringement in any way
- Operates as a personal-use tool, similar to a note-taking or annotation application
We assume in good faith that all content uploaded by users has been legally acquired and that users have the right to process such content. Any misuse is solely the responsibility of the user.
4.4 Our Right to Remove Content
We may refuse to process, disable, or remove any User Content or AI output that we believe violates these Terms or the law, or that exposes Bookworm, our users, or others to harm. We have no obligation to monitor User Content.
Anyone may report illegal content to [email protected]. When we restrict your content or account, we will tell you why and how to contest it, unless the law prevents us.
4.5 Shared Analyses and the Wiki
Analyses and AI outputs for a book may be shared with other users who add the same book and shown on our public wiki. They never include your name, account details, highlights or questions.
4.6 Bookworm Library
We may offer public-domain works, or works we are licensed to distribute, in the Bookworm Library. Library books and any illustrations included with them are provided under these Terms for personal use.
5. Email Communications
You join Bookworm's email list when you accept these Terms (dated October 1, 2026 or later) and leave the “Email me updates” switch on, or when you subscribe to Bookworm emails on our website or wiki and confirm the subscription. Creating an account alone does not add you to the list. We will send you occasional emails about Bookworm, including a short series of welcome emails with tips for getting started and emails about new features.
- If you sign up with an email address and password, these emails start only after you verify that address. Website and wiki subscriptions start only after you confirm them from the email we send you.
- Every email includes a link that unsubscribes you with one click.
- You can also turn these emails on or off at any time in the Bookworm app, under Settings, with the “Email me updates” switch.
- Unsubscribing stops these emails. We may still send messages you need to use your account, such as email verification, password resets and notices about changes to these Terms.
6. Copyright Complaints
If you are a copyright owner, or authorized to act for one, and believe that content in the Service, including our apps, website, and wiki, infringes your copyright, send a copyright notice to [email protected] with the subject “Copyright notice”. Your notice must include:
- Your physical or electronic signature
- Identification of the copyrighted work you claim is infringed
- Identification of the material you claim is infringing, with enough detail for us to locate it (for example, its web address)
- Your name, postal address, telephone number, and email address
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on its behalf
When we receive a valid notice, we remove or disable access to the material and, where we can, tell the user who provided it. If your content was removed because of a notice and you believe it was a mistake or misidentification, you may send a counter-notice to the same address with: your signature; the material removed and where it appeared; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; your name, address, and telephone number; and your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, any judicial district in which Bookworm may be found) and to accept service from the person who sent the original notice.
We send a valid counter-notice to the person who sent the original notice. We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complainant tells us it has filed a court action.
We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages. We do not make files you upload available to other users.
7. Credits, Purchases, and Refunds
7.1 What Credits Are
- Credits are required to use many AI features within the Service
- Credits are a limited, revocable license to use features of the Service. They are not money, property, or a deposit, and have no cash value
- Credits cannot be transferred between accounts, sold, or redeemed for cash or anything else, except through gift codes as described in Section 7.7
- Different features consume different amounts of credits based on the computational resources required
- Unused credits do not expire while your account is open. If you close your account, your unused credits end. If we close your account or discontinue the Service, Section 15 applies
7.2 Prices, Free Allowances, and Bonuses May Change
Prices, the credits each feature costs, bonus credits, and any free allowances (such as free book analyses, free answers, or free chapters) are set by us and may change, be limited, or be withdrawn. Changes apply only to purchases and uses after the change. The credit cost is shown before you confirm. Free allowances and bonuses are offered at our discretion and create no entitlement to future allowances.
7.3 Purchases
- In-app purchases are processed by the app store you buy through, under that store's terms
- Purchases on our website are processed by our payment processor. At checkout you agree to these Terms and, where Section 7.6 applies, to the immediate delivery of your credits
- All prices are in USD unless otherwise stated, and you are responsible for applicable taxes
- The price is shown before you pay; a price change applies only to purchases made after it
- All purchases are final upon completion, subject to Sections 7.4 through 7.8
7.4 No Refunds
ALL CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE, EXCEPT WHERE THE APP STORE'S REFUND POLICY OR APPLICABLE LAW REQUIRES A REFUND, AND EXCEPT AS STATED IN SECTIONS 7.6 THROUGH 7.8 AND SECTION 15.
Subject to the exceptions above, by purchasing credits, you acknowledge and agree that:
- Credits are consumed immediately upon use to pay for AI computational resources
- Once credits are used, the computational costs have already been incurred and cannot be recovered
- We do not offer refunds for used credits
- We do not offer refunds for unused credits, including if you are dissatisfied with the Service
- We do not offer refunds if you do not like the AI-generated output
- We do not offer refunds for accidental purchases or mistaken credit usage
- Purchasing credits constitutes acknowledgment of this no-refund policy
Why no refunds? Each time you use credits, we pay for the computational resources that produce your AI output. These costs are incurred immediately and are non-recoverable. Offering refunds would require us to absorb costs for services already rendered.
For in-app purchases, the app store's refund policy applies. If a purchase is refunded or charged back, we deduct the credits from that purchase, including any bonus credits it earned, from your account. A refund or chargeback can make your balance negative; you must bring it back to zero before using paid features.
7.5 Errors, Fraud, and Abuse
We may correct pricing or other errors, cancel affected orders, and remove credits or access obtained through an error, fraud, abuse, a chargeback, or a breach of these Terms.
7.6 Right of Withdrawal (EU, EEA, and UK Consumers)
If you are a consumer in the EU, EEA or UK and buy credits on our website, you have a 14-day right of withdrawal. By asking us to deliver credits immediately, you agree that you lose that right once they are added to your account. We confirm this agreement in your purchase confirmation. Purchases made through an app store are governed by that store's terms.
7.7 Gift and Promotional Codes
- Each gift or promotional code can be redeemed once.
- Promotional codes may expire, and have no cash value.
- If a gift code made from purchased credits expires before it is redeemed, the unused credits return to the account of the person who created it.
7.8 Failed Features
If a paid feature fails to deliver its output, we restore the credits, automatically or when you contact us.
8. AI Features
8.1 Nature of AI Output
The Service uses artificial intelligence to generate illustrations, glossaries, answers, narration, and other content based on your User Content. Outputs are AI-generated, and we label them as AI-generated in the app. Before you first use AI features, the app asks your permission to send your content to our AI service providers. You acknowledge that:
- AI-generated content is produced by automated systems and may be inaccurate, incomplete, inconsistent, or offensive
- AI illustrations are interpretive and may not accurately represent characters, scenes, or events
- AI-generated content is not professional advice (including legal, medical, financial, or academic advice) and must not be relied on as such
- You are responsible for how you use AI-generated content and for checking it before relying on it
- We make no guarantees or warranties about the quality, accuracy, completeness, or suitability of AI-generated content
- AI output may vary and is not guaranteed to be consistent or reproducible
8.2 Availability, Filtering, and Experimental Features
AI features may be unavailable, slow, or limited at times. Automated safety and content filters may refuse or alter a request or an output. Some features may be labeled experimental or beta; they may change or be withdrawn at any time and are provided without any commitment.
8.3 No Satisfaction Guarantee
We do not guarantee that you will be satisfied with AI-generated content. The subjective nature of AI output means results may vary. Dissatisfaction with output quality is not grounds for refund or credit restoration. This does not affect Section 7.8 (failed features).
8.4 Content Derived from Your Books
AI-generated illustrations, videos, summaries, and other outputs are produced by interpreting content from books you provided and are responsible for. AI requests are assembled automatically from the book's text together with our style and safety instructions; for books others have added, from the same work. We do not manually review content before it is generated. You acknowledge and agree that:
- The nature of the generated content is directly shaped by the book. If a book contains violence, adult themes, disturbing imagery, historical atrocities, or other sensitive material, AI outputs derived from it, and the requests automatically assembled from it, may reflect that material.
- User Content, the requests assembled from it, and the AI outputs generated from them are produced and processed automatically by software and AI systems, subject to the automated filters described in Section 8.2.
- You are solely responsible for your choice of source material. You will not hold Bookworm responsible for the nature, tone, or appropriateness of AI outputs that reflect the source material you chose to upload.
- AI interpretations may be inaccurate, inconsistent, or differ from the author's intent. Bookworm makes no representation that AI outputs faithfully represent the source material, its characters, or the author's creative vision.
8.5 AI Video Generation
The Service includes an optional feature that animates AI-generated illustrations into short videos using an AI service provider. In addition to Sections 8.1 through 8.4, the following applies specifically to video generation:
- Video generation is performed by AI service providers acting on our behalf, whose content policies apply to requests routed through them.
- Those providers operate their own automated content-review systems and may reject generated output at their sole discretion. These decisions are made by the provider, not by Bookworm, and we cannot appeal, preview, or override them.
- If a generated video is rejected by a provider's content review, the credits charged for that generation are automatically refunded to your balance. This is our sole remedy for provider moderation decisions, to the extent permitted by law.
- Because content review outcomes depend on the provider's current policies and algorithms, which change without notice, we make no representation that any particular scene, theme, or passage will pass review. Acceptance of one video does not guarantee acceptance of another.
- You acknowledge that generated videos are brief automated interpretations of a single illustration and a short motion description. They are not faithful adaptations of the source book and should not be represented as such.
- To the extent permitted by law, Bookworm disclaims liability for the artistic, narrative, historical, or factual accuracy of generated videos, and for any distress, offense, or perceived misrepresentation arising from AI interpretations of content you chose to upload.
8.6 How You May Use AI Output
- Subject to these Terms and to the rights of others in your source material, you may use AI output generated for you for personal, non-commercial purposes
- You may not share or resell AI-generated content commercially without our written permission
- You may not use the Service to generate content that is unlawful, defamatory, infringing, or that targets real persons without authorization, regardless of whether the source material contains depictions of real persons
- Except as permitted by law that cannot be excluded by contract (for example, text-and-data-mining exceptions), you may not use AI output or any part of the Service to develop, train, or improve any AI model or any product or service that competes with Bookworm
9. Acceptable Use
You agree not to:
- Upload content you do not have legal rights to use, or pirated, illegally obtained, or unauthorized content
- Use the Service for any unlawful, harmful, or fraudulent purpose
- Harass, threaten, or abuse others, or misrepresent your identity or affiliation
- Circumvent the credit system, payment controls, or access controls, or obtain credits or free allowances fraudulently
- Interfere with or disrupt the Service or its infrastructure
- Reverse engineer, decompile, disassemble, or attempt to extract source code, except as permitted by law that cannot be excluded by contract
- Scrape, crawl, or harvest data from the Service, or use automated systems, bots, or scripts to access the Service, except search engines as allowed by our robots.txt
- Evade or exceed rate limits, usage limits, or quotas, including by using multiple accounts
- Probe, scan, or test the vulnerability of the Service, or bypass any security measure or content safeguard, without our prior written permission
- Attempt to extract, copy, reconstruct, or infer the AI models, prompts, instructions, parameters, or other internal logic of the Service, except as permitted by law that cannot be excluded by contract
- Resell, sublicense, rent, or provide the Service or access to it to anyone else
- Access another user's account or data without permission
- Upload malware or any code designed to harm the Service or its users
- Use the Service in any way that violates applicable laws or regulations
Export control and sanctions. You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export-control and sanctions laws in your use of the Service.
10. Our Rights and Confidential Information
10.1 Our Rights
The Service, including its software, design, text, graphics, features, and the models, prompts, workflows, and other technology used to provide it, is owned by Bookworm or its licensors and is protected by intellectual property and other laws. Except for the limited license below, these Terms grant you no right, title, or interest in the Service. The Bookworm name and logo may not be used without our prior written permission.
10.2 Your License to Use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for your personal, non-commercial use. We reserve all rights not expressly granted.
10.3 Confidential Business Information
The specific service providers, AI models, prompts, instructions, and internal systems we use to provide the Service are confidential business information of Bookworm and are not disclosed. Nothing in these Terms, the Service, or our communications obliges us to disclose them, and you may not attempt to discover, extract, or publish them. Nothing here limits your rights under privacy or other law.
10.4 Feedback
If you send us ideas, suggestions, or other feedback, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.
11. Service Providers, Third-Party Links, and Content
The Service relies on service providers, including providers of hosting, AI processing, email delivery, and payment processing. We are not responsible for the availability, accuracy, or policies of these services, and changes to them may affect the Service without notice.
The Service may link to or display websites, content, or services we do not control. We do not endorse them and are not responsible for them; your use of them is at your own risk and subject to their terms.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL AI OUTPUT, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT OR DATA WILL BE PRESERVED.
To the extent permitted by law, Bookworm is not responsible or liable for:
- The legality, accuracy, or appropriateness of any User Content
- Any copyright infringement claims arising from User Content
- Any disputes between users and copyright holders, publishers, or authors
- Any damages arising from your use of illegally obtained content
- The content, accuracy, tone, or appropriateness of any output produced by an AI service provider, or any content-moderation, safety, or policy decision it makes
- Availability, downtime, pricing changes, feature removals, or quality changes by our service providers
- Any claims arising from the combination of User Content you uploaded and AI outputs, including but not limited to defamation, misrepresentation, moral rights, right-of-publicity, or copyright claims
Your use of AI-powered features is at your sole risk. By using those features you consent to the routing of your submitted requests and referenced materials to AI service providers strictly to fulfill your request.
Section 13.3 limits this Section 12.
13. Limitation of Liability
13.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKWORM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR USE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR FIFTY U.S. DOLLARS ($50).
13.3 What These Limits Do Not Affect
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct, or any liability that cannot be excluded or limited by law. If you are a consumer in the EU, EEA or UK, Sections 12 and 13 do not affect your statutory rights for digital content and services, and we are responsible for loss that was foreseeable and caused by our failure to use reasonable care and skill. If you are a New Jersey resident, Sections 12 and 13 apply to the extent permitted by New Jersey law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply to the fullest extent permitted by law, and nothing in these Terms limits rights you have that cannot be waived.
14. Indemnity
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Bookworm, its officers, directors, employees, agents, and affiliates from third-party claims arising from your User Content, your breach of these Terms, or your violation of law or third-party rights, except to the extent caused by our own negligence or misconduct. We will notify you of the claim and may control its defense.
15. Suspension and Termination
We may suspend or terminate your access to the Service, or any part of it, where the law allows, including for:
- Any breach of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Suspected copyright infringement or use of pirated content
- Conduct that creates risk or legal exposure for Bookworm, our users, or others
- Inactivity, as described below
If we end your account because you breached these Terms or for fraud or abuse, your right to use the Service ends and your unused credits are forfeited, except where the law requires otherwise. If we end your account without cause, or discontinue the Service, we will refund the price of unused purchased credits (not bonus or free credits) or as the law requires. We will close an account for inactivity only after 24 months and 30 days' email notice.
You may stop using the Service and delete your account at any time. Sections 4, 6, 7.4, 7.5, 7.7, 8, 10, and 12 through 21 survive any termination.
16. Changes to the Service and to These Terms
We may change, add, suspend, or discontinue any part of the Service, including features, AI models, output styles, and the credits a feature costs. Changes to prices and credit costs apply only to purchases and uses after the change. The credit cost is shown before you confirm.
We may modify these Terms. We will notify you of material changes through the app, on our website, or by email, and the app may ask you to accept the updated Terms before you continue. Changes take effect when posted, or on the date we state, and apply going forward. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service. Changes to Section 17 are governed by Section 17.9.
17. Dispute Resolution and Arbitration
17.1 Informal Resolution First
Before starting an arbitration or court case, you and Bookworm agree to try to resolve any dispute informally for at least 60 days. You start this by emailing a written notice to [email protected] with your name, the email address of your account, a description of the dispute, and the relief you want. We start it by emailing a notice to the email address of your account. Deadlines for bringing a claim are paused while the informal period runs.
17.2 Agreement to Arbitrate
If the dispute is not resolved within 60 days, you and Bookworm agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service (a “Claim”) will be resolved by final and binding arbitration on an individual basis, except as stated in Section 17.3. This agreement is governed by the Federal Arbitration Act. The arbitrator decides all questions about the scope and enforceability of this Section 17, except that a court decides any question about Sections 17.5 through 17.8. By accepting these Terms, you specifically authorize and affirmatively agree to this Section 17.
Section 17 applies to Claims that arose before you accepted it, except Claims already filed in court or arbitration before that date.
17.3 Exceptions
- Either of us may bring an individual Claim in small-claims court if it qualifies there.
- Either of us may seek temporary or preliminary injunctive relief in court to stop infringement of intellectual property, pending the arbitration.
17.4 Rules and Fees
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section 17. Hearings may be held by video or telephone, or in the county where you live. You will pay no more of the filing fee than you would pay to file the Claim in a court in the county where you live (or the AAA consumer filing fee, if lower). We will pay the remaining filing, administration, and arbitrator fees, unless the arbitrator finds the Claim frivolous or brought for an improper purpose. The arbitrator may award any individual relief a court could award, but only to the individual party seeking it and only to the extent needed for that party's individual Claim.
17.5 Class Action and Jury Trial Waiver
YOU AND BOOKWORM EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. TO THE EXTENT PERMITTED BY LAW, YOU AND BOOKWORM EACH WAIVE ANY RIGHT TO A JURY TRIAL.
17.6 Mass Arbitration
If 25 or more similar demands for arbitration are filed against Bookworm by the same or coordinated counsel, or are otherwise coordinated, the parties will first select 10 of the demands (5 chosen by each side) to proceed as bellwether cases. The remaining demands will not be filed or administered, and no fees will be due for them, until the bellwether cases are decided and the parties have mediated in good faith. Deadlines for bringing the remaining claims are paused in the meantime. If the bellwether cases are not decided within 180 days after they are selected, or mediation is not completed within 60 days after that, the remaining claims may be filed and will proceed in batches of up to 50, with one arbitrator per batch. We will pay fees under the AAA's mass-arbitration fee schedule. The AAA's mass-arbitration supplementary rules apply where they do not conflict with this Section. A court may resolve any dispute about this Section 17.6.
17.7 Opting Out
You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept Terms that contain this Section 17. Your email must include your name, the email address of your account, and a clear statement that you opt out of arbitration. If you opt out, Sections 17.2 through 17.10 do not apply to you. Opting out does not affect any other part of these Terms.
17.8 If the Class Waiver Is Not Enforced; Public Injunctive Relief
If Section 17.5 is found unenforceable for a particular Claim or request for relief, that Claim or request will be severed and decided in court, not in class or collective arbitration, after the individual arbitration of any remaining Claims. A request for public injunctive relief will be severed and decided in court after the individual arbitration; nothing in these Terms waives that relief. The rest of this Section 17 remains in effect.
17.9 Changes to This Section
If we change this Section 17 after you accept it, you may reject the change by emailing [email protected] within 30 days after the change takes effect. The version of this Section you last accepted will then continue to apply to you.
17.10 Time Limit
To the extent permitted by law, any Claim must be brought within one (1) year after it arises, or it is permanently barred, except where the law sets a limitations period that cannot be shortened by contract.
17.11 Where Local Law Gives You Other Rights
If you live in a country or state whose consumer-protection law does not allow some or all of this Section 17 (for example, in the European Union or the United Kingdom), those parts do not apply to you. You keep every mandatory right that law gives you, including the right to bring a claim in the courts where you live.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law principles, and by the Federal Arbitration Act for Section 17. Any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Clark County, Nevada, and you and Bookworm consent to their personal jurisdiction, except where Section 17.11 or the next paragraph gives you the right to use the courts where you live.
If you are a consumer in the EU, EEA or UK, you also benefit from the mandatory protections of the law of your country of residence and may bring proceedings in your local courts.
19. App Store Terms
19.1 Apple
If you use Bookworm on an Apple device, the following also applies:
- These Terms are between you and Bookworm only, not Apple Inc. (“Apple”). Bookworm, not Apple, is solely responsible for the app and its content.
- Your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- 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 (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Bookworm's responsibility, to the extent not disclaimed in these Terms.
- Bookworm, 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 third party's intellectual property rights, Bookworm, 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 subject to a U.S. government embargo or designated 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 (such as your wireless data agreement) when using the app.
- Questions, complaints, or claims about the app should be sent to Skylex, 11238 Essence Point Ave, Las Vegas, Nevada, United States, or by email to [email protected].
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, have the right to enforce them against you as a third-party beneficiary.
19.2 Other App Stores
If you download Bookworm from another app store, that store's terms also apply to your download and purchases. Those terms are between you and the store; the store is not a party to these Terms and is not responsible for the app.
20. General
- Entire agreement. These Terms constitute the entire agreement between you and Bookworm regarding the Service and supersede all prior agreements or communications.
- Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect (except as stated in Section 17.8).
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of it.
- Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets, or to an affiliate.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of service providers, networks, or power, natural disasters, war, labor disputes, or government action.
- Notices and electronic communications. You agree to receive notices, agreements, and other communications from us electronically, by email to your account address, in the app, or on our website, and that these satisfy any legal requirement that they be in writing. Notices to us must be sent to [email protected] or to Skylex, 11238 Essence Point Ave, Las Vegas, Nevada, United States.
- Third-party beneficiaries. Except as stated in Section 19.1, these Terms do not give any rights to anyone other than you and Bookworm.
- Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.
21. Contact
For questions about these Terms of Service, please contact us at:
Skylex
11238 Essence Point Ave, Las Vegas, Nevada, United States
Email: [email protected]
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.