Aurealcraft Incorporated

Terms of Service & Privacy Policy

Effective Date — 01.07.2025

1. Acceptance of These Terms

By accessing or using [Website] (the “Site”) or any related products, services, mobile applications, email or SMS programs (collectively, the “Services”) offered by [Business Name] (“Company,” “we,” “us,” or “our”), you (“you,” “your,” or “User”) agree to be bound by these legally binding Terms of Service (“Terms”) and the Privacy Policy below (together, the “Agreement”). If you do not agree, do not use the Services.

2. Eligibility & Electronic Signatures

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. By continuing, you consent to transact electronically under the U.S. E-SIGN Act; electronic signatures and records carry the same legal force as originals.

3. Changes to This Agreement

We may revise the Agreement at any time. We will post the updated version with a new “Effective Date.” Continued use after changes constitute acceptance.

4. Accounts & Security

You agree to provide accurate information, maintain the security of your login credentials, and immediately notify us at [Email] of any unauthorized use. We reserve the right to suspend or terminate accounts for violations.

5. Intellectual-Property Rights

All Site content—text, graphics, logos, software, and trademarks (“Content”)—is owned by or licensed to [Business Name] and protected by U.S. and international IP laws. Except as expressly permitted, you may not reproduce, distribute, or create derivative works without our prior written consent.

6. User-Generated Content & Acceptable Use

You are solely responsible for all data, text, visuals, or other materials you submit (“User Content”). You must not upload anything illegal, infringing, defamatory, obscene, hateful, or that violates another’s rights. We may remove or block User Content at our discretion.

7. SMS & Email Communications

By providing your phone number or email, you consent to receive recurring automated marketing and transactional messages, subject to our SMS Disclosure (see Section 11). Message frequency varies; carrier and data rates may apply. Reply STOP to cancel, HELP for help.

8. Third-Party Links & Tools

The Site may link to third-party websites or integrate third-party APIs. We do not endorse nor control such properties; your use is at your own risk and subject to their terms.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [BUSINESS NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) USD 100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless [Business Name], its affiliates, directors, employees, and agents from any third-party claims or damages arising out of your use of the Services or your breach of the Agreement.

12. DMCA Copyright Policy

If you believe material on the Site infringes your copyright, submit a notice under 17 U.S.C. § 512(c)(3) to our Designated Agent at [Email] or [Address]. We will promptly investigate and remove infringing material where appropriate.

13. Governing Law; Venue

This Agreement is governed by the laws of the State of Delaware (excluding conflicts-of-law rules). Any dispute not subject to arbitration shall be litigated exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction there.

14. Binding Arbitration & Class-Action Waiver

PLEASE READ CAREFULLY. Any controversy or claim arising out of or relating to the Services shall be resolved by final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You waive the right to litigate in court or participate in a class action.

15. Termination

We may suspend or terminate your access at any time, with or without notice, for conduct that we reasonably believe violates this Agreement.

16. Contact Us

Questions? Email [Email] or write [Business Name], [Address], [Phone].

Privacy Policy

A. Overview

[Business Name] is committed to protecting your privacy. This Policy describes how we collect, use, disclose, and safeguard your information when you visit [Website] or use our Services.

B. Information We Collect

CategoryExamplesSourceIdentifiersName, postal/ email address, phone number, IP address, unique device IDsDirectly from you; automatically from your deviceCommercial DataTransaction history, Services purchasedGenerated during your interactionsInternet/Network ActivityBrowser type, referring pages, interactions, location data (approx.)Automatically via cookies & similar techSensory DataPhotos, audio, or video you uploadDirectly from youInferencesPreferences, behavioral profilesDerived from other data

We do not knowingly collect data from children under 13. If you are a parent and believe your child provided information, contact us.

C. How We Use Information

  1. Provide, maintain, and improve the Services

  2. Process transactions and fulfill orders

  3. Send transactional or promotional communications (subject to opt-out)

  4. Detect, prevent, and investigate fraud or security issues

  5. Comply with legal obligations and enforce policies

D. How We Share Information

We may share your data with:

  • Service providers (payment processors, hosting, analytics) bound by confidentiality;

  • Advertising & marketing partners (only with your consent or as permitted by law);

  • Affiliates under common control;

  • Government or law-enforcement when legally required;

  • Successors in a merger, acquisition, or asset sale.

We do not sell or “share”² your personal information for cross-context behavioral advertising without your consent.

E. Your Privacy Rights

Depending on your state of residence, you may have rights to:

RightStates CoveredAccess/KnowCA, VA, CO, CT, UT, TX, NVDeletionCA, VA, CO, CT, UT, TXCorrectionCA, VA, CO, CTOpt-Out of “Sale”/“Sharing”CA, VA, CO, CT, UT, TX, NVOpt-Out of Targeted AdvertisingVA, CO, CT, UT, TXLimit Use of Sensitive PICA

Exercising Rights. Submit a verifiable request to [Email] or call [Phone]. We will verify your identity and respond within statutory timelines. You may designate an authorized agent in writing.

California “Shine-the-Light”

California residents may request a list of third parties to which we disclosed personal information for direct-marketing purposes in the preceding calendar year. Send written requests to [Address].

Nevada Opt-Out

Nevada residents may direct us not to sell covered information for monetary consideration by emailing [Email] with “Nevada Opt-Out” in the subject line.

F. Cookies & Similar Technologies

We use cookies, pixel tags, SDKs, and analytics tools (e.g., Google Analytics) to understand usage and improve performance. You can disable cookies via browser settings, but some features may not work.

G. Data Security

We employ administrative, technical, and physical safeguards meeting or exceeding industry standards (AES-256 encryption at rest, TLS 1.2+ in transit, least-privilege access controls). No method is 100 % secure; we cannot guarantee absolute security.

H. Data Retention

We retain personal information only as long as necessary to fulfill the purposes above or as required by law (e.g., tax or accounting rules), then securely delete or anonymize it.

I. International Transfers

If you access the Services outside the U.S., you understand your data will be transferred to and processed in the United States, where privacy laws may differ from those in your jurisdiction.

J. Children’s Privacy (COPPA)

We do not knowingly collect or solicit personal data from children under 13. If we discover such collection, we will delete it promptly.

K. Changes to This Policy

Material changes will be posted at [Insert URL] with an updated “Effective Date.” Continued use constitutes acceptance.

L. Contact

For privacy questions, email info@aurealcraft.com, call (877) 703-6664, or write Privacy Officer, Aurealcraft Incorporated.