Terms & Conditions
Terms and Conditions
Last updated March, 2026.
These Terms and Conditions (“Terms”) govern your access to and use of the website available at www.testlibrary.com (the “Website”), the “TestLibrary” software application (the “Application”), and all related features, content, assessment tests, reports, subscriptions, and services offered therein (collectively, the “Services”) by Aura Health LLC, private limited liability company incorporated under laws of the United States of America, company address: 30 N Gould ST STE R, Sheridan, Wyoming 82801, United States of America (the “Platform Operator”). The Platform Operator owns, licenses, and provides the Services, including assessment tests, reports, and application content, and operates the website and application. The Platform Operator is also responsible for processing payments, managing billing, facilitating subscriptions, and acting as the payment collection agent. The Website and Services are operated using an e-commerce payment collection model.
The Terms constitute a legally binding agreement between you (“You”, “Your”, or “User”) and the Platform Operator.
By accessing the Website, completing any test, creating an account, purchasing a trial membership or subscription, or otherwise using the Services, You acknowledge that You have read, understood, and agree to be bound by the Terms. If You do not agree to the Terms, You must not access or use the Website, the Application or the Services.
The Services are offered subject to Your acceptance of the Terms. Your use of the Services, including the purchase of a limited-duration paid trial offering temporary access to the Services (the “Trial Membership”) or an automatically renewing paid membership that provides ongoing access to the Services (the “Subscription”), constitutes Your express consent to the Terms.
The Platform Operator develops, owns, licenses, operates, and maintains the Application and provides the Services, including all substantive content, assessment tests, and reports. The Platform Operator is responsible for the overall operation, functionality, content, performance, quality, and legal compliance of the Application and the Services, as well as for payment collection, billing, and subscription management. The Platform Operator does not guarantee the accuracy, outcomes, or suitability of any tests or reports, except as required by applicable law.
By accessing or using the Website or the Services, You confirm that You are legally capable of entering into a binding agreement and that You agree to comply with the Terms in full. If You are accessing or using the Services on behalf of an organization or other legal entity, You represent and warrant that You have the authority to bind that entity to the Terms, in which case “You” and “Your” shall refer to that entity. The Terms contain important provisions governing dispute resolution, limitations of liability, and Your legal rights, and You are encouraged to review them carefully.
By completing a payment for the Trial Membership or Subscription, You enter into a binding agreement with the Platform Operator for the provision of payment collection and billing services and agree to comply fully with the Terms. Upon completion of such purchase, a separate service contract for the use of the Application and Services is formed directly between You and the Platform Operator, who is solely responsible for the provision of the Services in accordance with the Terms.
You are solely responsible for ensuring that Your device meets the minimum technical requirements necessary to access and use the Application, including compatible operating systems, sufficient storage, and internet connectivity. We are not responsible for any inability to access or use the Application due to device incompatibility, technical limitations, or connectivity issues on Your end.
If You do not agree to the Terms, You must not access or use the Website or the Application, purchase the Trial Membership or the Subscription, or disclose Your personal information.
1. Eligibility
1.1. You must be at least eighteen (18) years old or have reached the age of legal majority in Your jurisdiction, to access or use the Services, create an Account, or purchase the Trial Membership or the Subscription.
1.2. By using the Services, You represent and warrant that:
1.2.1 You meet the applicable age requirements; 1.2.2. You have the legal capacity to enter into a binding agreement; and 1.2.3. Your use of the Services complies with all applicable laws and regulations.
1.3. If You are accessing or using the Services on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind that entity to the Terms. In such case, references to “You” or “Your” shall refer to that entity.
1.4. The Services are not intended for use by children. We do not knowingly collect personal data from individuals under the age of eighteen (18). If we become aware that personal data of a minor has been collected without appropriate consent, we reserve the right to delete such information and terminate the associated Account.
2. Data Protection & Privacy
2.1. We take your privacy and the protection of your personal data seriously. The collection, use, disclosure, and protection of personal information in connection with your use of the Website, the Application, and the Services are governed by our Privacy Policy, which forms an integral part of these Terms.
2.2. Our Privacy Policy explains what personal information we collect, how and why we process it, how it is shared, the rights available to you under applicable data protection laws, and how you may exercise those rights.
2.3. By accessing or using the Services, completing any test, creating an Account, or purchasing a Trial Membership or Subscription, you acknowledge that you have read, understood, and agree to the practices described in the Privacy Policy.
2.4. The Privacy Policy is available at: https://testlibrary.com/docs/privacy-policy
3. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY.
3.1. This section contains an arbitration agreement and a waiver of class actions and jury trials. By agreeing to the Terms, You acknowledge that You are waiving certain legal rights.
Informal Dispute Resolution
3.2. Most concerns or disputes regarding the Services can be resolved informally by contacting our customer support team. Before initiating any formal legal proceedings, You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to the Terms (each, a “Claim”) by contacting us at: support@testlibrary.com
3.3. Your notice must include:
3.3.1. Your name and contact details; 3.3.2. a description of the nature and basis of the Claim; and 3.3.3. the specific relief You are seeking, including any monetary amount.
3.4. If the Claim is not resolved within sixty (60) days of receipt of Your notice, either party may proceed as described below.
Governing Law
3.5. The Terms, and any claim, dispute, or cause of action arising out of or relating to the Terms or the Services, shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. This choice of law does not deprive consumers of any mandatory rights, protections, or legal remedies afforded to them under applicable federal, state, or local laws of their country or state of residence, including, for Users residing in the United States, applicable United States federal law and the laws of the User’s state of residence.
3.6. Except where prohibited by applicable law or where mandatory consumer protection laws provide otherwise, arbitration shall be the exclusive means of resolving any Claim, and You expressly waive any right to seek relief in a court of law, including the right to a jury trial, except as expressly permitted under this section.
Arbitration Agreement
3.7. Except where prohibited by applicable law, arbitration shall be the exclusive means of resolving any Claim, and You expressly waive any right to seek relief in a court of law, including the right to a jury trial, except as expressly permitted under this section.
3.8. Arbitration shall be conducted only on an individual basis. The arbitrator may not consolidate claims, hear class or representative actions, or award relief on a non-individual basis.
3.9. The arbitrator’s authority is limited to awarding actual, proven damages incurred by You individually. To the maximum extent permitted by law, the arbitrator may not award punitive damages, statutory multipliers, or damages measured by reference to the alleged harm of others.
3.10. Each party shall bear its own legal fees and costs, unless the arbitrator determines that applicable law expressly requires otherwise.
3.11. Opting out of arbitration does not affect the validity or enforceability of the class action waiver, jury trial waiver, or any other limitation of remedies contained in the Terms.
Waiver of Class Actions and Jury Trial
3.12. To the fullest extent permitted by applicable law, all Claims must be brought solely in an individual capacity. You expressly agree that You will not bring, seek to bring, or participate in any Claim as a plaintiff, claimant, or class member in any class action, collective action, representative action, consolidated action, private attorney general action, or similar proceeding.
3.13. No Claim may be joined or consolidated with another person’s claim, and no Claim may be brought on behalf of the general public or other Users.
3.14. Where applicable law does not permit the waiver of certain collective or representative proceedings, You agree that:
3.14.1. any permitted Claim shall be limited strictly to Your individual, personal relief; 3.14.2. You waive any right to seek or obtain injunctive, declaratory, or non-individual relief on a class, collective, representative, or public basis; 3.14.3 You may not act as a representative, private attorney general, or member of any consumer organization bringing claims against the Platform Operator.
3.15. Claims may not be assigned, transferred, aggregated, or pursued by third parties, including claims acquisition vehicles, consumer associations, litigation funders, or representative entities, except where such restriction is expressly prohibited by mandatory law.
3.16. If any portion of this waiver is found unenforceable with respect to a particular Claim or remedy, such provision shall be severed only to the minimum extent required, and the remaining provisions shall remain in full force and effect.
Court Action to Assist Arbitration
3.17. Notwithstanding the foregoing arbitration provisions, either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction solely for the purpose of protecting its rights, enforcing intellectual property or confidentiality obligations, or preserving the status quo pending the completion of arbitration. Such court action shall not be deemed a waiver of, nor be inconsistent with, the obligation to resolve all Claims through binding arbitration as set forth in the Terms.
EU Users – Online Dispute Resolution
3.18. If You are a consumer residing in the European Union, You may, where applicable, submit a complaint through the European Commission’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
3.19. Participation in the ODR platform is voluntary and does not limit, replace, or otherwise affect Your statutory rights or remedies available under applicable consumer protection laws.
4. Your use of the Service
4.1. Subject to Your compliance with the Terms and all applicable laws, the Platform Operator grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for Your personal, non-commercial use. This license permits you to use the Services only as expressly allowed under the Terms and does not grant You any ownership rights or other proprietary interests.
4.2. You may not copy, reproduce, modify, distribute, sell, lease, sublicense, or otherwise exploit any part of the Services or their content, except where expressly permitted under the Terms or with the Platform Operator’s prior written consent. All rights not expressly granted to You are reserved by the Platform Operator.
Account Registration and Security
4.3. Access to certain features of the Services may require You to create a user account (the “Account”). An Account may be created automatically following Your purchase of a Trial Membership or Subscription. Upon successful payment, account access credentials may be provided to You via email.
4.4. You are solely responsible for maintaining the confidentiality and security of Your Account credentials and for all activities conducted through Your Account. You represent and warrant that all information You provide in connection with Your Account is accurate, complete, and kept up to date, and You agree not to impersonate any other person or entity or misrepresent Your affiliation.
4.5. If You believe that Your Account has been accessed or used without authorization, You must notify us immediately at support@testlibrary.com. We reserve the right, in our sole discretion, to suspend, restrict, or terminate Your Account or deny access to the Services if we reasonably suspect unauthorized use, fraud, security breaches, or violations of the Terms.
How the Services Work
4.6. The Services enable Users to complete digital assessment tests and receive personalized reports generated based on their responses (the “Report(s)”). A typical user experience involves accessing the Website, completing one or more tests by answering the provided questions, and receiving a personalized report generated automatically by the Services.
4.7. To access the generated report and related features, Users may be offered paid Trial Membership. Upon successful payment of the applicable Trial Membership fee, Users are granted immediate access to the Services. Following payment, Users may receive an email containing their Account login credentials and a copy of the generated report.
4.8. While a Trial Membership or Subscription remains active, Users may complete additional tests within the Services at no additional charge, unless otherwise stated. Reports and test results are generated automatically based on user-provided information and are provided for informational and educational purposes only.
4.9. You agree to use the Services only for lawful purposes and in full compliance with the Terms and all applicable laws and regulations. You are solely responsible for the accuracy of the information You provide when using the Services and for any decisions or actions You take based on reports or other outputs generated through the Services.
4.10. You acknowledge and agree that the Services do not provide medical, psychological, legal, or other professional advice, and that any reliance on reports or test results is at Your own risk.
Prohibited Uses
4.11. You agree not to misuse the Services or permit others to do so. Prohibited conduct includes, without limitation, creating multiple Accounts, transferring or selling an Account, accessing the Services through another user’s Account without authorization, providing false or misleading information, or using the Services for commercial purposes without express written consent.
4.12. You further agree not to copy, scrape, harvest, or collect content or data from the Services through automated means; reverse engineer, decompile, or otherwise attempt to derive source code; upload or transmit malware or other harmful code, interfere with the integrity, performance, or security of the Services; access systems or data not intended for You, impersonate others, or violate any applicable law, regulation, or third-party rights.
4.13. Any violation of this section may result in the immediate suspension or termination of Your Account.
Suspension and Termination of Access
4.14. We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Services or Your Account if we determine that You have violated the Terms, engaged in fraudulent, abusive, or unlawful conduct, posed a security or legal risk, or where such action is required by law or a regulatory authority.
4.15. Suspension or termination of access does not relieve You of any payment obligations incurred prior to such action and does not entitle You to any refund, except where required by applicable law.
5. Fees, Trial & Subscription Plans
Fees and Payment Authorization
5.1. Certain parts of the Services are offered for a fee (the “Fees”). All applicable Fees are disclosed to You prior to purchase, including during the checkout process. By providing Your payment information and completing a purchase, You authorize the Platform Operator to charge Your selected payment method for all applicable Fees, including any recurring subscription charges, in accordance with the Terms.
5.2. You agree to provide current, complete, and accurate payment and account information and to promptly update such information as necessary to ensure successful payment processing. Fees may be charged in USD or other currencies, as displayed at checkout. Any currency conversions, foreign transaction fees, or additional charges imposed by Your payment provider are Your sole responsibility.
5.3. We reserve the right to correct any pricing errors, inaccuracies, or omissions, even if payment has already been requested or received. In the event of a pricing error, we may cancel or adjust the affected transaction and, where applicable, issue a refund or request additional payment.
Trial Membership
5.4. New Users may be offered a one-time Trial Membership that provides limited access to the Services for a specified period. Unless otherwise disclosed at checkout, the Trial Membership fee is USD 1.95, the Trial Membership duration is seven (7) days, and access to the Services is granted immediately upon successful payment.
5.5. The Trial Membership is intended to allow Users to access their generated Report and explore the Services. Unless You cancel the Trial Membership before the end of the Trial Membership period, it will automatically convert into a paid Subscription in accordance with the terms set forth below.
Subscription and Automatic Renewal
5.6. After the Trial Membership period, Your access to the Services will automatically continue under a Subscription unless You cancel in accordance with the Terms. Unless otherwise disclosed at checkout, the Subscription fee is USD 39.95, each Subscription Period is twenty-eight (28) days, and the Subscription renews automatically at the end of each Subscription Period.
5.7. By purchasing a Trial Membership or Subscription, You expressly acknowledge and agree that Your selected payment method will be charged automatically for each Subscription Period without further authorization and that the Subscription will continue until You cancel it. We may change Subscription Fees from time to time and will notify You in advance of any such changes. Updated Fees will not apply to your current Subscription Period, and if You do not agree to the revised Fees, You must cancel Your Subscription before the changes take effect.
Timing of Charges and Billing Date
5.8. The billing date for Your Subscription (the “Billing Date”) is the date on which the applicable Subscription Fee is charged to Your payment method. Subscription Fees are charged in advance for each Subscription Period, and access to the Services is granted immediately upon successful payment.
5.9. You acknowledge that billing cycles may vary slightly due to calendar differences, payment processing delays, or technical adjustments.
5.10. If a payment is declined or otherwise fails for any reason, the Platform Operator may attempt to reprocess the payment using the same payment method. Payment re-attempts may continue for a period of up to fourteen (14) days following the original Billing Date.
5.11. During this period, Your access to the Services may be temporarily restricted, and You remain responsible for all outstanding Fees. If payment cannot be successfully collected within the re-attempt period, Your Subscription may be suspended or terminated. Any bank fees, chargeback fees, or other costs incurred as a result of failed payments are Your responsibility.
5.12. You may cancel Your Trial Membership or Subscription at any time in accordance with Section 6 of the Terms. To avoid being charged for the next Subscription Period, cancellation must be completed before the end of the current Trial Membership or Subscription Period.
5.13. Cancellation does not affect any Fees already paid and does not entitle You to a refund, except where required by applicable law.
6. Cancellation
6.1. You may cancel Your Trial Membership or Subscription at any time before the end of the applicable Trial Membership or Subscription Period. Cancellation may be completed either by logging into Your Account and using the available “Cancel Subscription” functionality within the platform, or by contacting customer support at support@testlibrary.com using the email address associated with Your Account.
6.2. To avoid being charged for the next Subscription Period, cancellation must be completed before the end of the current Trial Membership or Subscription Period. If cancellation is submitted after the applicable deadline, the cancellation will take effect at the end of the next billing cycle, and the corresponding Subscription Fee will be charged. Once a new Subscription Period has begun, the applicable Subscription Fee is non-refundable, except where required by applicable law.
6.3. Upon successful cancellation, Your access to the Services will remain available until the end of the current Trial Membership or Subscription Period, after which no further recurring charges will be applied unless You choose to re-subscribe. Cancellation of a Subscription does not automatically delete Your Account. Account deletion may be requested separately in accordance with the Terms.
6.4. Subscriptions are personal to the User and may not be assigned, transferred, or shared with any third party without our prior written consent. The Services are offered only to Users who meet our eligibility requirements, including minimum age and geographic restrictions.
6.5. We reserve the right, at our sole discretion, to modify, update, or discontinue Subscription terms, benefits, pricing, promotions, eligibility requirements, or available features at any time. Any such changes will apply prospectively and will not affect the current Subscription Period. In the event of a material change, such as an increase in Subscription pricing, we will provide reasonable advance notice (no less than 30 days) via email, giving You the opportunity to cancel Your Subscription before the updated terms take effect. Continued use of the Subscription after the effective date of the changes constitutes Your acceptance of the updated Terms.
7. Refund Policy
7.1. All Trial Memberships and Subscriptions constitute digital services that are made available immediately after purchase. Except where required by applicable law, all purchases are final and refunds are not guaranteed. Any refunds that may be issued are granted solely at our discretion and on a case-by-case basis.
7.2. If You believe You are entitled to a refund, You must contact customer support at support@testlibrary.com and provide the email address associated with Your Account, details of the relevant purchase, and a clear explanation of the reasons for Your refund request. Refund requests will not be considered unless submitted directly to customer support.
7.3. Initiating a chargeback, payment dispute, or refund request through a payment provider or third-party platform without first contacting customer support may result in the suspension or termination of Your Account and does not guarantee a refund.
7.4. You agree that initiating a chargeback, payment dispute, or claim with Your credit card issuer or bank for a validly authorized transaction constitutes a material breach of the Terms. If You initiate a chargeback for a transaction that was authorized in accordance with the Terms (including recurring Subscription charges), we reserve the right to:
7.4.1. Immediately suspend or terminate Your Account and access to the Services; 7.4.2. Dispute the chargeback by providing evidence of Your authorization and use of the Services (including access logs and read reports); 7.4.3. Report Your Account details, including name, email, and transaction history, to industry fraud protection databases and credit risk agencies to prevent further fraudulent activity; and 7.4.4. Pursue recovery of the disputed amount plus any applicable chargeback fees, administrative costs, and legal fees incurred by the Platform Operator.
7.5. Trial Membership fees are generally non-refundable, as access to the Services and the generated Report is provided immediately upon purchase.
7.6. Subscription Fees are charged in advance for each recurring period for which a Subscription is active and paid (the “Subscription Period”). Once a Subscription Period has started, the applicable Subscription Fee is non-refundable, except where required by applicable law. We do not offer partial refunds, credits, or reimbursements for unused time within a Subscription Period.
7.7. If You are a consumer residing in the European Union, You typically have the right to withdraw from distance contracts within fourteen (14) days. However, by purchasing a Trial Membership or Subscription, ou request immediate access to the digital content (the Services and Reports). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
7.7.1. Performance of the contract begins immediately upon Your payment and account activation; and 7.7.2. You thereby expressly waive and lose Your right of withdrawal from the moment the performance of the Service has begun. Therefore, once access to the Services is granted, You generally cannot cancel the purchase to receive a refund for that specific billing period under the right of withdrawal regulations.
8. Third Party Websites
8.1. The Services may contain links to third-party websites, services, or content (the “Third-Party Websites”) that are not owned or controlled by the Platform Operator.
8.2. We do not control, endorse, or assume responsibility for any Third-Party Websites, including their content, accuracy, availability, privacy practices, or terms of use. Accessing Third Party Websites is done at Your own risk.
8.3. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with Your use of or reliance on any Third-Party Websites.
8.4. Your interactions with Third Party Websites are governed solely by the terms and policies of those third parties, and not by the Terms.
9. Intellectual Property
9.1. All rights, title, and interest in and to the Services, including without limitation the Website, the Application, assessment tests, methodologies, questions, algorithms, scoring logic, reports (including their structure, format, and presentation), software, text, graphics, images, illustrations, icons, logos, trademarks, service names, and all other related materials and content (collectively, the “Intellectual Property”), are owned by or licensed to the Platform Operator and are protected by applicable intellectual property, trademark, and copyright laws.
9.2. The name “TestLibrary” and all related brand elements are the exclusive property of the Platform Operator and may not be used, reproduced, or displayed without prior written consent, which may be withheld at our sole discretion. Except for the limited license expressly granted to You under the Terms, nothing in the Terms grants You any right, title, or interest in or to any Intellectual Property.
9.3. Subject to Your ongoing compliance with the Terms, You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and any Reports solely for Your personal, non-commercial use.
9.4. This license does not permit You to copy, reproduce, modify, distribute, publish, sell, sublicense, commercially exploit, or otherwise misuse any part of the Services or Reports, nor to remove, alter, or obscure any proprietary notices or intellectual property rights contained therein, unless expressly authorized in writing by the Platform Operator.
9.5. You retain ownership of the information You voluntarily submit when completing assessment tests. However, by submitting such information and using the Services, You grant the Platform Operator a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze such information solely for the purposes of providing, operating, maintaining, improving, and securing the Services, generating Reports, complying with legal obligations, and enforcing the Terms.
9.6. Reports generated through the Services are provided exclusively for Your personal use. You may not publish, distribute, resell, license, or otherwise commercially exploit Reports or their content without prior written consent. Any unauthorized use of Reports may constitute a violation of intellectual property laws and the Terms.
9.7. If You submit any feedback, suggestions, ideas, or other input regarding the Services (“Feedback”), You grant the Platform Operator a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, and incorporate such Feedback into the Services or other products without compensation, attribution, or restriction.
9.8. The Services may display names, trademarks, service marks, or content belonging to third parties. Such third-party intellectual property remains the exclusive property of its respective owners, and no rights are granted to You in relation to such materials.
9.9. For Your convenience, the Website and the Application may include links to third-party websites. We do not control, endorse, or assume responsibility for the content, availability, or practices of such third-party websites, and Your access to them is at Your own risk.
9.10. You are solely responsible for any damage, loss, or liability arising from Your infringement or misuse of any intellectual property rights, including unauthorized copying, distribution, modification, or use of trademarks, content, software, or Reports in violation of the Terms or applicable law. We reserve the right to take any legal action available to protect our Intellectual Property.
10. Not Healthcare Advice
10.1. The Services, including all tests, Reports, and related content, are provided strictly for entertainment, informational, educational, and wellness purposes only. While our assessment tests rely on psychological frameworks, they are not clinical tools and should be viewed as a tool for self-discovery and entertainment. The Website and the Application, and any claims made through them, have not been evaluated or approved by any regulatory authority for the diagnosis, treatment, cure, or prevention of any disease. The Services do not constitute, and are not intended to replace, medical, psychological, psychiatric, diagnostic, therapeutic, or other professional advice, diagnosis, or treatment. Test results and Reports are not intended to diagnose, treat, cure, or prevent any disease or condition.
10.2. You acknowledge and agree that the Services are not a substitute for professional medical or mental health care and that You should always consult with a qualified physician or other licensed healthcare professional before making decisions regarding Your health, diagnosis, treatment options, or the use of the Services. You should not rely on information provided through the Services as a replacement for consultation with Your healthcare provider, and You should never disregard, delay, or avoid seeking professional medical advice based on information You find on the Website or within the Application.
10.3. Before starting any new dietary, fitness, or other health-related program, especially if You are pregnant, nursing, have a pre-existing medical condition, or are taking any medications, You must consult with a qualified healthcare professional. Do not use the Services to self-diagnose or self-treat medical conditions, prescribe medication, or start any treatment program. Any reliance on the Services or Reports is solely at Your own risk, and individual results may vary depending on personal characteristics, lifestyle, and other factors; therefore, outcomes are not guaranteed.
10.4. For avoidance of doubt, any reviews, comments, or ratings made available through the Services reflect only the personal opinions of the individuals who submitted them and do not represent the views of the Platform Operator and should not be considered medical advice.
11. Disclaimer Of Warranties
11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
11.2. The Platform Operator expressly disclaim all warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, or availability. Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from defects, that any defects will be corrected, that the Services will meet Your expectations, or that any results, Reports, or outputs generated through the Services will be accurate, complete, reliable, or suitable for Your needs.
11.3. You acknowledge and agree that the Platform Operator does not develop, test, control, or operate the Application and does not assume responsibility for the Application’s content, performance, effectiveness, data accuracy, outcomes, or compliance with applicable laws. Any use of the Services is at Your sole risk.
11.4. Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted by applicable law, the above disclaimers shall apply only to the maximum extent permitted.
12. LIMITATION OF LIABILITY
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM OPERATOR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY CLAIMS RELATED TO HEALTH OR WELLNESS OUTCOMES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. Without limiting the foregoing, and to the maximum extent permitted by applicable law, the total aggregate liability of the Platform Operator for any claim arising out of or relating to the Services or the Terms, regardless of the form of action, shall not exceed the greater of (a) USD 100, or (b) the total amount paid by You for the Services during the thirty (30) days immediately preceding the event giving rise to the claim.
12.3. Nothing in the Terms shall exclude or limit liability for gross negligence or willful misconduct, death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. For Users residing in the European Union, the European Economic Area, or the United Kingdom, these limitations apply only to the extent permitted by mandatory consumer protection laws.
12.4. For the avoidance of doubt, the Platform Operator is responsible for the provision and operation of the Application and the Services. However, except as expressly required by applicable law, any claims relating to the quality, effectiveness, content, performance, or outcomes of the Application, the Services, or any Reports are expressly disclaimed and are made at the User’s own risk
13. INDEMNIFICATION
13.1. To the fullest extent permitted by applicable law, You agree to indemnify, defend, and hold harmless the Platform Operator, and their respective officers, directors, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your access to or use of the Services.
13.2. This indemnification obligation includes, without limitation, claims arising from Your violation of the Terms, misuse of the Services or Reports, reliance on test results, violation of any applicable law or regulation, or infringement of any third-party rights. This obligation survives the termination or expiration of the Terms and Your use of the Services.
14. MODIFICATIONS TO THE TERMS
14.1. We reserve the right to modify or update the Terms at any time.
14.2. Any changes will be posted on the Website, and the “Last updated” date will be revised accordingly. Changes will become effective upon posting unless stated otherwise.
14.3. Your continued use of the Services after the effective date of the updated Terms constitutes Your acceptance of the revised Terms. If You do not agree to the updated Terms, You must stop using the Services and cancel Your Subscription.
15. GOVERNING LAW & JURISDICTION
15.1. The Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of law principles.
16. MISCELLANEOUS
16.1. The Terms, together with any other legal notices or policies referenced herein, constitute the entire agreement between You and the Platform Operator regarding Your access to and use of the Services and supersede all prior or contemporaneous agreements, understandings, negotiations, or representations, whether written or oral.
16.2. If any provision of the Terms is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16.3. Any failure or delay by us in exercising any right, power, or remedy under the Terms shall not operate as a waiver of that right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any other occasion.
16.4. The Platform Operator shall be liable for any failure or delay in performance under the Terms resulting from events beyond reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, governmental actions, labor disputes, epidemics, power outages, or failures of telecommunications, internet, or payment infrastructure.
16.5. You may not assign or transfer any of Your rights or obligations under the Terms, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer our rights and obligations under the Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.
16.6. The headings and section titles used in the Terms are for convenience only and shall not affect the interpretation of any provision.
17. CONTACT INFORMATION
For questions regarding the Services, billing, cancellations, refunds, or the Terms, please contact us at:
Support Email: support@testlibrary.com
Platform Operator: Aura Health LLC 30 N Gould ST STE R, Sheridan, Wyoming 82801, United States of America