ShelfieShelfie

Terms of Service

Welcome to Shelfie! These Terms of Service (“Terms”) govern your use of the Shelfie mobile application (the “App”) operated by Kismet Labs, Inc. (“we,” “us,” or “our”). By downloading, installing, or using our App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Shelfie, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our App.

2. Description of Service

Shelfie is a book discovery application that allows users to:

  • Scan bookshelves using their device camera to identify books
  • Access detailed book information, reviews, and descriptions
  • Discover new books through personalized recommendations
  • Purchase books through third-party retailers via affiliate links
  • Create and manage personal book lists and reading preferences

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use our App.

3.2 Account Creation

  • You may be required to create an account to access certain features
  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. License to Use

4.1 Grant of License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use.

4.2 License Restrictions

You agree not to:

  • Modify, adapt, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App for any commercial purpose without our written consent
  • Distribute, rent, lease, or sublicense the App to third parties
  • Use the App in any way that violates applicable laws or regulations

5. Prohibited Conduct

When using our App, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in any fraudulent, deceptive, or misleading activities
  • Attempt to gain unauthorized access to our systems or other users’ accounts
  • Upload, transmit, or distribute any harmful code, viruses, or malicious software
  • Interfere with or disrupt the App’s functionality or security
  • Harvest or collect information about other users without their consent
  • Use the App to harass, abuse, or harm others
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated tools (bots, scrapers, etc.) to access the App
  • Attempt to circumvent any access or use restrictions we implement

6. Camera Access and Book Scanning

6.1 Camera Permission

Our App requires access to your device’s camera to provide book scanning functionality. By granting camera access, you consent to our use of your camera solely for book identification purposes.

6.2 Image Processing

  • Images captured during scanning are used exclusively for book identification
  • We do not store personal photographs or images unrelated to books
  • Scanned images are processed and managed as described in our Privacy Policy
  • You retain all rights to any images you capture using our App

6.3 Accuracy Disclaimer

While we strive for accuracy in book identification, we cannot guarantee that all scanned books will be correctly identified or that all information provided will be completely accurate.

7. Affiliate Marketing and Third-Party Purchases

7.1 Affiliate Disclosure

Shelfie participates in affiliate marketing programs. When you purchase books through links in our App, we may receive a commission from the retailer at no additional cost to you. This helps support our App and services.

7.2 Third-Party Transactions

  • All book purchases are conducted directly with third-party retailers
  • We are not responsible for the fulfillment, quality, or delivery of purchased items
  • All sales are subject to the retailer’s terms and conditions
  • Returns, refunds, and customer service for purchases must be handled directly with the retailer
  • Prices and availability of books are determined by third-party retailers and may change without notice

7.3 Product Information

Book information, reviews, and descriptions are provided for informational purposes only. We do not guarantee the accuracy, completeness, or reliability of this information.

8. Intellectual Property Rights

8.1 Our Content

The App and all content, features, and functionality are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

  • App design, layout, and user interface
  • Software code and algorithms
  • Logos, trademarks, and brand elements
  • Book data compilation and organization

8.2 User Content

If you submit content to our App (such as reviews, lists, or feedback), you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content in connection with our services.

8.3 Respect for Third-Party Rights

You agree to respect the intellectual property rights of others and not to infringe upon copyrights, trademarks, or other proprietary rights.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our App, you consent to our data practices as described in our Privacy Policy.

10. App Updates and Modifications

10.1 Updates

We may release updates, patches, or new versions of the App from time to time. Some updates may be required for continued use of the App.

10.2 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of our App at any time without notice. We are not liable for any modification, suspension, or discontinuation of the App.

11. Disclaimers and Warranties

11.1 “As Is” Basis

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee of Availability

We do not guarantee that the App will be available at all times or that it will be free from errors, viruses, or other harmful components.

11.3 Third-Party Content

We are not responsible for the accuracy, reliability, or availability of third-party content, including book information, reviews, or retailer websites.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit through the App

14. Termination

14.1 Termination by You

You may stop using the App at any time by uninstalling it from your device and ceasing all use.

14.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Extended periods of inactivity
  • Technical or security reasons

14.3 Effect of Termination

Upon termination, your license to use the App will immediately cease, and you must stop using the App and delete it from your device.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) rather than in court.

15.3 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.

16.4 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.5 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, and dispute resolution.

17. Changes to Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by:

  • Posting an updated version in the App with a new effective date
  • Sending you an email notification (if you have provided an email address)
  • Displaying a prominent notice within the App

Your continued use of the App after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at hello@shelfie.world.