Thanks for choosing Aura. We’re here to create a safer internet by making comprehensive digital security simple to understand and easy to use. In this document, we’ll outline in detail what we provide you, our customers, and each of our legal obligations. The details contained in this document will be collectively referred to as the “Terms.”
Here is a quick breakdown of the Terms:
Who is Aura?
"Aura", "We" or "Us" means Aura Sub, LLC and certain of our affiliates. These Terms represent a binding contract between you and Aura.
When do these terms apply?
These Terms apply to your use of any products or services offered by Aura as described in these Terms (collectively, the “Services”), including all software provided as a part of our Services (the “Software”), whether through the website found at https://www.aura.com/ or a mobile application, or in any other manner.
These Terms apply anytime you:
(i) create an account in connection with the Services
(ii) download or use any Software in connection with the Services; and
(iii) use the Services or interact with Aura in connection with the Services in any other way
How do you agree to our terms?
You are agreeing to these Terms when you sign up for or use the Services and any time you access or use the Services. We encourage you to read our Terms carefully, specifically the automatic renewal terms and mandatory arbitration, if applicable, which significantly affect your legal rights.
IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES U.S. USERS TO RESOLVE DISPUTES WITH AURA OR ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. SEE SECTION 2.12 BELOW FOR THE DETAILS OF THE ARBITRATION AGREEMENT.
What is covered by these Terms?
To make it easier to understand, we’ve divided our legal terms into five parts:
(1) Billing, Cancellation, and Refund Policies: This covers terms related to billing, automatic renewals, cancellation, and refunds, when billing is handled by Aura. Separate terms may apply if you didn’t purchase the Services directly from Aura.
(2) General Legal Terms: This covers the general legal terms that make up the contractual relationship between you and Aura such as eligibility, user accounts, binding arbitration, and indemnification, if applicable.
(3) Service-Specific Terms: These are terms that apply to the specific Services that Aura is providing to you. You may not receive all Services listed herein if you didn’t purchase the Services directly from Aura.
(4) License Terms: These are terms that govern how we give you a license to access and use the Services.
(5) Additional Terms for Residents of Canada: This section sets out additional information for residents of Canada.
Part 1. Automatic Renewals And Billing
This section does not apply to you if you are an employee who is provided the Services via an arrangement your employer has with us under Section 1.7(b) (see below).
Our Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription you select. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing Cycle applicable to your Subscription.
1.2 Automatic Renewals
At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless: (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 below, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the phone number in your account dashboard which at the time of publishing is 1-833-552-2123, or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
You may also be eligible for a refund depending on the specific plan and offer you subscribed to in accordance with the applicable section(s) below.
For individuals residing in the province of Quebec, please see additional provisions at section 5.1.2 for automatic renewals.
1.3 Plan Switching
In the event you switch your Aura Subscription plan, we will send you an email confirming the plan change, and reflect any credit or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be tied to the date you elect to switch your plan.
1.4 Money Back Guarantee
Certain Services may include a Money Back Guarantee if you are not satisfied for any reason. If a Money Back Guarantee is offered for the Services, the terms of the Money Back Guarantee will be visible in your account profile.
1.5 Payment Methods
A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state/province/territory, zip/postal code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state/provincial/territorial, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars.
If the billing method you provide is a credit or debit card (“Payment Card”), you:
(a) represent that you are authorized to use such Payment Card;
(b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;
(c) agree to keep your Payment Card details valid and current; and
(d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.
If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.
1.6 Fee Changes
We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you.
1.7 Aura Authorized Reseller Refund Policy
You may cancel your service at any time by calling 1-833-552-2123 or any other number provided to you by Aura for such purpose, or through your online account. If you enrolled in our Services as part of an employee benefits program, the following refund terms apply.
a. Employee Benefits Voluntary User Program: If you enrolled in our Services via an Employee Benefits Voluntary User Program (where you are offered to sign up and pay for the Services via payroll deduction), you must contact your employer to cancel the Service. The disposition of any refunds is between you and your employer.
b. Employee Benefits Employer Paid Program: If you enrolled in our Services via an Employee Benefits Employer Paid Program (where the employer pays for the Services to be provided with an option for you to purchase additional Services via credit card purchase), any Services paid for by the employer will not result in any refund to you at time of cancellation. If you purchased additional Services via credit card, no refunds are provided. The Services will continue to be accessible until the last day of your current month’s billing cycle.
c. Employee Benefits User Direct Enrollment Program: If you enrolled in our Services via an Employee Benefits User Direct Enrollment Program (where you pay for the Services directly), no refunds are provided. The Services will continue to be accessible until the last day of your current month’s billing cycle.
d. Other Reseller Programs: If you enrolled in our Services via Other Reseller Programs, no refunds are provided by Aura. The Services will continue to be accessible until the last day of your current month’s billing cycle. Should you have questions, please contact your Reseller as any disposition of refunds, if owed, is between you and the Reseller.
Part 2. General Legal Terms
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS – IF YOU RESIDE IN THE U.S. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH AURA AND ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 2.12 OF THESE TERMS FOR DETAILS REGARDING ARBITRATION.
Our Services are not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from the Services by Aura. “Eligible” means that you reside in either Canada or the United States of America and (i) you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater); or (ii) you are 13 years of age or older (in Quebec, 14 years of age or older), but under the age of majority in your jurisdiction of residence and are using the Services with the permission and involvement of your parent or legal guardian who has agreed to these Terms. By downloading, using, or accessing the Services, you represent and warrant that you are Eligible. If you are a parent or legal guardian of either (1) a user under the age of majority or (2) a senior or elderly user (“Senior Member”) with limited use allowed under the Services, by allowing the child member (a child under the legal age of majority in their jurisdiction of residence) and/or Senior Members (together, “Junior Members”) to use the Services on the Family Plan or through Parental Controls, you are acknowledging that you are subject to these Terms and responsible for the Junior Members’ activity on the Services. See more details below for the Family Plan and Parental Controls. Under no circumstances may anyone under 13 years of age use or access the Services at any time or in any manner or submit any information through the Services outside of the circumstances outlined in this section.
If Aura does not receive all the required personal information (which is necessary to provide the Services) during the enrollment process to provide the features in the Subscription plan you selected, you agree that we may use our databases, or other resources to attempt to complete the required information on your behalf. If you do not provide this information, if we cannot verify your identity or if our service providers are unable to successfully provide the features in the Subscription plan you’ve selected based on the information you have provided, we may refuse to allow you to use certain features (for example, some credit based features), and we may automatically enroll you in a version of our Services that has fewer features (for example, only including non-credit features).
2.2 User Data, Accounts and Passwords
You are fully and solely responsible and liable for the content and data you enter into our Services. Registration as a user or subscriber with the Services may require both a user name and a password, and certain portions of the Services may require the use of multiple one-time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or third-party service. You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not responsible for your failure to do so, or for any delay in suspending or terminating your account after you do. You are responsible for all use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud or a violation of these Terms, as determined in our sole discretion.
2.3 User Submissions; Feedback; Beta Features; Updates
If you provide to Aura, either directly or through a third-party such as the Apple App Store, feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you grant, to the maximum extent permitted by applicable law, Aura and its affiliated companies a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Services or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. No compensation will be paid with respect to the use of your Submission. Aura is under no obligation to post or use any Submission you may provide and Aura may remove any Submission at any time in its sole discretion and without notice. By providing a Submission to Aura, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that: (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes or violates a third-party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third-party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (vii) you will not provide a Submission that contains any potentially damaging computer programs or files.
You are responsible for your Submissions and acknowledge that once published, we cannot always remove them. Your Submissions shall not be deemed confidential and Aura shall not have any obligation to keep any such material confidential. Aura shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
Also we may, in our sole discretion, include new and/or updated beta features in the Services for your use and which permit you to provide feedback via mechanisms that Aura offers for your feedback. Using beta features may subject you to the payment of fees. You understand and agree that your use of the beta features is voluntary. The beta features are provided on an “as is” basis and you acknowledge and agree that all use of beta features is at your personal risk. Certain beta features may be subject to additional terms or an agreement.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
For the App, depending on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. We suggest that you promptly download and install all Updates. If you do not download and install the most recent Updates, portions of the Services may not properly operate. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms.
You agree that Aura has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, Updates, discontinuance or deletions.
2.4 Free Trials
EXCEPT WHERE EXPRESSLY PROHIBITED FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, Aura may, in its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials are only available to users who have not subscribed to the Services in connection with a Free Trial being offered in the last 12 months or other duration as clearly defined by Aura in the signup flow and/or in the applicable promotional materials.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You may cancel your Subscription within at least 24 hours prior to the end of your Free Trial through your Aura dashboard and unless you cancel during the aforementioned timeframe. You will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
2.5 Third-Party Products and Policies
We may offer or provide you access to products, services, or websites provided by third parties, including but not limited to free services provided by third parties and websites that hyperlink to our website or to whom we hyperlink (collectively “Third-Party Content”). Aura does not control or bear any responsibility for Third-Party Content, including but not limited to their products or services or use by them of personal information you may provide them.
If you choose to access or use any Third-Party Content, including without limitation through third-party payment vendors while using the Services, your personal information may be available to a third-party content provider. If you choose to visit or use any Third-Party Content, these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Aura has no responsibility for any third-party’s policies or any third-party’s compliance with them. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
To the fullest extent permitted by law, you agree to indemnify and hold Aura, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the “Aura Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use and misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Aura reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Aura Entities, and you agree to cooperate with Aura’s defense of these claims. Aura will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Services, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Services without (a) the prior written consent of Aura, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”). If Aura, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.
2.8 Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SAVE FOR THE RIGHTS GRANTED TO INDIVIDUALS UNDER APPLICABLE LAWS, AND EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, Aura disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from Aura or through the Services will create any warranty not expressly stated herein. You expressly agree that the use of the Services is at your sole risk. The Services and any data, information, third-party software, services, or applications made available in conjunction with or through the Services are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the Services will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. Aura does not warrant that the Services will be uninterrupted or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected. You understand and agree that if you use, access, or download the Services, or otherwise obtain or transmit materials, data, or other content while using the Services, you do so at your discretion and risk.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2.9 Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND EXCEPT WHERE EXPRESSLY PROHIBITED FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, AURA AND THE AURA ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Also, when using the Services, information will be transmitted over a medium that is beyond the control and jurisdiction of Aura, its partners, advertisers, and sponsors, or any other third-party mentioned on the Services. Accordingly, Aura assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER AURA, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF ANY OF YOUR CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER AURA, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE AURA SERVICES. NEITHER AURA, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES. NEITHER AURA NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU, IN ANY EVENT, IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID AURA FOR YOUR MEMBERSHIP. AURA PRODUCTS AND SERVICES ARE NOT A CREDIT COUNSELING SERVICE AND DO NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
2.10 Basis of the Bargain
You acknowledge and agree that Aura has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Aura, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Aura. Aura would not be able to provide the Services to you on an economically reasonable basis without these limitations.
2.11 Government Use
This Section 2.11 applies where the Services are provided for the benefit of a U.S. governmental end-user. As defined in FAR section 2.101, the Services are “commercial items” and according to FAR 12.212 and DFARS section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFARS section 227.7202, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
2.12 Dispute Resolution By Binding Individual Arbitration
Please read this carefully. It affects your rights.
(A) Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-833-552-2123 and email@example.com.
TO THE FULLEST EXTENT PERMITTED BY LAW AND OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, in the unlikely event that customer service is unable to resolve a complaint you may have with Aura or Aura’s service provider(s) to your satisfaction (or if Aura and/or Aura’s service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and Aura and/or Aura’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.12. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.12) through binding arbitration on an individual basis, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and Aura and/or Aura’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
(B) Arbitration Agreement – TO THE FULLEST EXTENT PERMITTED BY LAW AND OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF OF QUEBEC, you, on the one hand, and Aura and/or Aura’s service provider(s), on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA and appear at adr.org. Aura can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against Aura or Aura’s service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Services or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).
TO THE FULLEST EXTENT PERMITTED BY LAW AND OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, you agree that, by entering into these Terms or otherwise using the Services, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. (The filing fee for consumers currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU, ON ONE HAND, AND AURA AND/OR AURA’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aura agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), except to the extent state law provides defenses or exceptions not preempted by the FAA. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 2.12 shall survive any termination, cancellation, or expiration of this Agreement.
Exceptions to Arbitration: Notwithstanding the foregoing, the following claims are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity: (1) claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s law equivalent(s) in other jurisdictions or (2) claims properly lodged in a small claims court of the United States.
2.13 Prohibited Conduct
BY USING THE SERVICES YOU AGREE NOT TO:
- use the Services for any fraudulent, harassing, or abusive purpose, or to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person;
- use the Services for any illegal purpose, or in violation of any local, state/provincial/territorial, national, or international law;
- use the Services for any commercial use, it being understood that the Services are for personal, non-commercial use only;
- use the Services if you are not Eligible;
- remove, circumvent, disable, damage, or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Services;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof;
- intentionally interfere with or damage the operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
2.14 Digital Millennium Copyright Act
It is Aura’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, and other applicable copyright law. We may in our discretion remove any material alleged to be infringing and may notify the alleged infringer. For more information, please go to our DMCA Notification Guidelines.
2.15 Notice to California Residents only
You may reach Aura at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2.16 No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Aura.
2.17 No Tax or Legal Advice; No Credit Repair Services
You acknowledge and agree that we are not providing any legal, tax, or financial advice by providing the Services to you. We are also not a credit repair agency and use of the Services will not repair your credit or improve your creditworthiness.
2.18 Additional License Terms for Apple App Store and Google Play Store
If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services for the Software or the Services.
(b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
(c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(d) Any third-party claim that the Software or your possession and use of the Software infringe that third-party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
If the Software is provided to you through the Google Play Store (“Google-Sourced Software”), then the following terms and conditions apply to you in addition to all the other terms set forth herein:
(a) you acknowledge that these Terms for the Services including the Google-Sourced Software are between you and Aura only, and not with Google, Inc. (“Google”);
(b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(d) Aura, and not Google, is solely responsible for its Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
(f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Aura’s Google-Sourced Software.
2.19 Monitoring of Customer Service Sessions
We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions involving you and/or any other members you have enrolled on the Family Plan that participate in the customer service sessions to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to respond to claims asserted against us or our affiliates; to enforce and to ensure (including any investigations needed) a user’s compliance with these Terms; to conduct risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues; to protect our and our affiliates’ rights, property or safety of Aura, its other users or members of the public to provide the Services to you or other users; and/or to enhance the types of Services we may provide in the future.
2.21 Termination by Aura
Aura may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by Aura in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that Aura will not be liable to you or any third-party for any such termination.
If such termination or discontinuation by Aura occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Services. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at Aura’s sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact us via the phone number or email address in your account dashboard which at the time of publishing is 1-833-552-2123 and firstname.lastname@example.org, and describe the circumstances relating to the termination or discontinuation of your use of the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Aura may have at law or in equity.
2.22 Termination by You
You may terminate these Terms at any time by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Aura without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
2.24 Additional Terms
Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third-party may not include all of the same features as a Subscription purchased directly from Aura). Not all features may be available on all devices. Depending upon the Services you subscribe or register to use, you may be permitted to be enrolled as follows: (1) by telephone, (2) by the Aura website, (3) by another method permitted by Aura or (4) by a third-party who is authorized on Aura’s behalf or provide your personal information to enroll you on your behalf. Features may be added, changed or removed during the Subscription term. We may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
2.25 Entire Agreement
These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Aura concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
2.26 Force Majeure
Neither Aura nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
2.27 Governing Law
OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, these Terms will be governed by and construed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.
For individuals residing in the province of Quebec, these Terms will be governed by and construed by the laws of the province of Quebec, Canada, exclusive of its choice of law principles.
These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words "includes," "including," "such as," "for example," and similar terms are deemed not to limit what else might be included.
(For individuals residing in Quebec only) You acknowledge that a French version of these Terms was remitted to you, and confirm that it is your express wish that these Terms and all related documents and communications be drawn up in English only.
(Pour les individus résidant au Québec seulement) Vous reconnaissez qu'une version française des présentes conditions vous a été remise, et vous confirmez que vous souhaitez expressément que les présentes conditions ainsi que tous les documents et communications connexes soient rédigés en anglais exclusivement.
OTHER THAN FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, you agree that in the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services, except any claim properly lodged in a Small Claims Court of the United States, will be filed only in the state or federal courts located in Herndon, Virginia, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.
All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Aura must be sent to Aura Sub, LLC at 250 Northern Ave., 3rd Floor, Boston, MA 02210, marked to the attention of the Legal Department, with a copy emailed to email@example.com. Email alone is insufficient for providing non-routine legal notices to Aura such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Aura. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Aura in writing of any changes to such details.
If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.6 (Indemnification), 2.9 (Limitation of Liability), 2.12 (Binding Arbitration), 2.25 (Entire Agreement), 2.27 (Governing Law), 2.28 (Interpretation), 2.29 (Jurisdiction), 2.36 (Trademark and Copyright) will survive.
2.33 Third-Party Beneficiaries
Except as expressly provided herein, there will be no third-party beneficiaries to these Terms.
The failure of Aura to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a properly authorized representative of Aura. Any cause of action arising out of or related to the Service by you against Aura must commence within one (1) year after the cause of action accrues.
2.35 Modification of this Agreement
Aura may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. By continuing to use or access any of the Services or otherwise engaging with Aura after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Aura in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the e-mail address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services. Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
For individuals residing in the province of Ontario and Quebec, please refer to section 5.7 for modifications of this Agreement.
2.36 Trademark and Copyright
© 2024 Aura All rights reserved. “AURA,” “IDENTITY GUARD” (and combinations thereof) are trademarks and/or registered trademarks of Aura. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; and other trademarks are trademarks of their respective owners.
All aspects of the Services and their content, features, and functionality are owned by Aura, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part IV of these Terms for the details of the limited license under which you are permitted to use the Services.
2.37 Contact Us
If you have any questions about these Terms, please contact us at the below address or by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-833-552-2123 and firstname.lastname@example.org:
Aura Customer Service
250 Northern Ave.
Boston, MA 02210
Part 3. Service-Specific Terms
Your use of the Services is subject to both the General Legal Terms (see Part 2 above) and these Service Specific Terms. These Service Specific Terms apply to you only if you have purchased or use one or more of the particular Services discussed below. Please note that not all of the Services are available in all countries. If there is a conflict or inconsistency between the General Legal Terms and these Service Specific Terms, the Service Specific Terms will govern and apply. Use of the term “Services” in the remainder of these Service Specific Terms refers to the specific products or services being discussed, as well as any related software offered by Aura. The following Services are covered in these Service Specific Terms:
- Dark Web Monitoring
- Secure VPN
- Identity Theft Protection
- Data Broker Opt-Out
- Social Media Monitoring
- Financial Transaction Monitoring
- Additional Title Monitoring
- Identity Theft Remediation
- Additional Members; Family Plans including Parental Controls; Alert Sharing
- Anti-Virus/Anti-Malware Removal
- Safe Browsing
- Mobile Messaging Alerts
- Alias Email
- Experian CreditLock
- Certain Reseller Executive or Other Executive White Glove Plans
- Insurance Coverage for Employee Benefits Programs
- Call Assistant and SMS Spam Blocker
Your Subscription may include some or all of these Services. It is your responsibility to review these Service Specific Terms and understand which terms and conditions apply to your Subscription. If you have any questions about the applicability of these Service Specific Terms, please feel free to contact us. See Section 2.42 above for Aura’s contact information.
Any warranty disclaimers or limitations of liability included in these Service Specific Terms do not limit the applicability or force of any more general warranty disclaimers or liability limitations found elsewhere in these Terms, including, without limitation, Sections 2.8 and 2.9 of the General Legal Terms.
3.1 Dark Web Monitoring
With our Dark Web Monitoring feature (“Dark Web Monitoring Feature”) as part of the Services, you can designate your financial accounts, mailing address, and other types of personal information listed below, up to the limits associated with each type of information. This Dark Web Monitoring Feature monitors for the information that you designate through your account (“Dark Web Monitoring Designated Information”) and notifies you when your Dark Web Monitoring Designated Information is found online. By entering the Dark Web Monitoring Designated Information, you confirm that you own this information and have the right to provide it to us. This feature will not monitor for or detect any information that you have not designated through your account.
If we find your Dark Web Monitoring Designated Information on the dark web, we will send you a notification. We will not remove your Dark Web Monitoring Designated Information from the dark web and we do not ensure the accuracy or integrity of the information on the dark web. We do not guarantee that the Dark Web Monitoring Feature will identify all instances of your Dark Web Monitoring Designated Information on the dark web. You acknowledge and agree that our failure to identify Dark Web Monitoring Designated Information on the dark web will not constitute a breach or default by us of our obligations.
You can add the following personal information, in the amounts specified in your plan, to be monitored in our Dark Web Monitoring feature as the Dark Web Monitoring Designated Information:
- Credit card (up to 10)
- Date of birth (up to 1)
- Driver's license (up to 10)
- Email address (up to 10)
- Mailing address (up to 10)
- Phone number (up to 10)
- Financial account numbers (up to 20)
- Health Insurance ID (up to 10)
- Passport (up to 10)
- SSN or SIN (up to 1)
- Gamertag (up to 10)
- Loyalty Cards (up to 10)
- Network IP address (up to 10)
- Name (1)
- National Provider ID (up to 10)
Except as set forth in Section 3.9, the Dark Web Monitoring Designated Information for each account must be entered and edited separately. No single member of a Family plan can view or update the accounts for his/her entire household through his or her own account. Each account holder (or a parent/legal guardian for minors) must sign into his/her own account in order to view or update the Dark Web Monitoring Designated Information.
When using the Dark Web Monitoring Feature, you may not:
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state/provincial/territorial, federal, non-U.S., or non-Canadian law, order, or regulation;
- Obtain, export, move or copy any data, information or material when you do not have the right to do so, or which was obtained using the Dark Web Monitoring Feature for an unlawful purpose;
- Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Dark Web Monitoring Feature;
- Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Dark Web Monitoring Feature or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); or
- Use the Dark Web Monitoring Feature for any purpose other than identity theft protection.
3.2 Secure VPN
Our Secure VPN Services generally provide sufficient capacity to accommodate average non-commercial use. It is possible that you may temporarily experience slower service or service unavailability. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. Aura is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Secure VPN Services, communications services, or networks. Any such slowdown, unavailability, or loss of data will not constitute a breach or default by us of our obligations.
We may impose usage or service limits, suspend services, or block certain kinds of usage at our sole discretion to protect Aura, our Customers, or the Services. We will not be liable to you or owe you any refund or other compensation as a result of any such actions. We do not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by you while using the Services. We will not be liable in any way for any actions of the users of the Services. Aura reserves the right to prevent your access to the Service or continued use thereof if you violate this Agreement, engage in fraud or copyright infringement.
3.3 Identity Theft Protection Services
The Identity Theft Protection Services, including features such as monitoring your credit profile, providing insurance for eligible identity theft claims, and monitoring certain publicly available registries maintained by local law enforcement agencies for your information, are only available to users who have a U.S. Social Security Number and a U.S. mailing address. You agree that you will use these Services only for your own behalf, except if you are enrolled in the Family Plan in which case each adult member of the Family Plan agrees to the requirements in this Section. You will be responsible for all use of your membership number and if applicable for a Junior Member that you enroll for Identity Theft Protection services under the Family Plan, for any Junior Member’s membership number (together, “Membership Number”). You must notify Aura immediately of any unauthorized use of any Membership Number, or the theft or misplacement of a Membership Number.
Authorization: You understand that by enrolling in the Services, you are providing "written instructions" in accordance with the applicable law, including the US federal Fair Credit Reporting Act, as amended ("FCRA"), for Aura and its service providers, which may include CSIdentity Corporation (“CSID”), Equifax Inc. (“Equifax”), Experian, Inc. (“Experian”), and Transunion, LLC (“TransUnion”) to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. If applicable, you authorize Aura and its service providers to use your Social Security number to access your personal credit profile, verify your identity, and provide credit monitoring, reporting, and scoring products. Further, you authorize Aura to make any inquiries necessary to verify your identity or your ownership of financial or other accounts relevant to your use of the Services. This may include, without limitation, making inquiries through third-party sources or requiring you to provide additional information or documentation. If we are unable to verify your identity or otherwise obtain your credit information from a credit reporting agency, we will be unable to provide certain Services to you and reserve the right to refuse to offer some or all of the Services to you, downgrade or cancel your Subscription, as applicable.
Insurance: Identity theft insurance is governed by a master policy (which may differ depending on the identity theft insurance plan you choose), the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by the applicable insurance certificate, summary of benefits, or other similar document that has been provided to you. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy applicable to the identity theft insurance plan you choose. To view these Terms and our website, you must use a supported browser. You may obtain a paper copy of these disclosures by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-833-552-2123 and email@example.com.
Credit Report-Related Disclosures for US Residents: The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. Full disclosure of information in your file at Experian must be obtained directly from Experian by calling 888-397-3742 or logging on to www.experian.com/consumer. The credit report you are requesting from Aura is not intended to constitute the disclosure of Experian information required by the Fair Credit Reporting Act or similar state laws. You are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
- You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report.
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which I made the certification. You are a recipient of public welfare assistance You have reason to believe that your file at the agency contains inaccurate information due to fraud Annually at www.annualcreditreport.com
Otherwise, subject to applicable law, the consumer reporting agency may impose a reasonable charge for the disclosure.
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed. You do not have to purchase your credit report or other information from Aura to dispute inaccurate or incomplete information in my Experian file or to receive a copy of your Experian consumer credit report.
Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by Aura. The disclosure report must be obtained directly from Experian. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.
NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE.
The Services are not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.
VANTAGESCORE 3.0 CREDIT SCORE: VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
Certain Public Records Monitoring: The sex offender (“Offender”) information that is used for a specific feature for the Services to monitor for if your information is added to a sex offender registry is derived from official public records. As such, the accuracy of the information provided through the Services may vary based upon the accuracy of such official public records. In certain cases, we may not obtain all the address information associated with the Offender who is contained in the public record. Aura has no control over the contents of official public records. If you believe the information found using this feature is incorrect, please contact the local police department in the applicable jurisdiction for assistance. That police department will be able to assist you directly or refer you to the appropriate authority.
3.4 Data Broker Opt Out
If you sign up for the Data Broker Opt Out Services, you acknowledge and agree to the following:
(i) On your behalf, Aura will make reasonable efforts to have your personal information that you provided to us removed or suppressed (“opt-out”), in whole or in part, from approximately 20 third-party databases and/or websites (the “Data Brokers”), a list of whom is available upon request. You understand that we will only be able to submit opt outs for the information you provide to us.
(ii) You expressly authorize Aura, its agents, and its employees, to act as your personal representative or authorized agent to submit opt outs to Data Brokers and otherwise implement the Services and if applicable and available to you, for any Junior Members under the Family Plan, including by acting to:
- obtain information on your behalf;
- submit your personal information to Data Brokers;
- communicate with Data Brokers or other third parties on your behalf;
- take any other actions that Aura believes is reasonably necessary to opt you out of a Data Broker.
(iii) The extent of the opt-out will vary based on the Data Broker, and its terms and practices. It is possible that some Data Brokers may contact you to confirm your request and/or to request additional information; and in such an event, our ability to remove your information will depend on your response to them.
(iv) You can personally opt out to these Data Brokers to the same extent that Aura submits the opt out on your behalf. Aura makes no claims that it has any ability to opt you out of any Data Broker beyond your ability to do so on your own behalf.
(v) Aura is under no obligation to and will not pay any fees to a Data Broker in order to opt you out.
(vi) You must give us authority to act only on your behalf and not on behalf of any person other than yourself except if applicable and offered to you, as a feature under the Family Plan for a Junior Member. If you give us information that we know, discover, or suspect is false or inaccurate, or relates to another person that is not accurate, we may suspend or terminate your access to the Services and reserve the right to, where we deem it appropriate, report such conduct to law enforcement and other third parties, and to cooperate in the investigation of such conduct.
(viii) While we will make reasonable efforts to remove your information, the success of the Services is ultimately dependent on the cooperation of the Data Brokers. We cannot and do not guarantee that the Services will be effective, that opt out requests will be honored by Data Brokers, or that all opt outs will be equivalent (e.g., some Data Brokers may remove all of the information included in the opt out submitted, while other may remove only some or none at all). We are not responsible for the actions or inactions of any Data Broker, and make no representations, warranties or guarantees related to such. You expressly agree that we will not be liable to you under any circumstances for any actions or inactions of the Data Brokers, or for our failure, for any reason, to effectuate opt outs on your behalf.
(ix) If made available by Aura, you may choose to install the Data Broker Opt Out Services app onto your computer. By installing and activating the Data Broker Opt Out Services app, you expressly authorize Aura, its agents, and its employees, to submit opt out requests to Data Brokers for you from your device. You may revoke this authorization at any time within the Data Broker Opt Out Services app.
3.5 Social Media Monitoring
Our Social Media Monitoring Services will monitor your accounts on certain social media sites and notify you of any suspicious activity or potentially malicious links. It does not monitor chats or direct messages. We will only monitor accounts that you connect to the Services.
3.6 Financial Transaction Monitoring
If you choose to activate our Financial Transaction Monitoring Services, you must provide us with any necessary information to render the Services, including, without limitation, the applicable account credentials for your credit, commerce, banking, investment, and other eligible account(s) (“Transaction Account Credentials”). By activating the Services and providing us with your Transaction Account Credentials, you hereby grant Aura the express authorization to access your account(s) as your agent in fact and further grant to Aura a non-exclusive, fully-paid, perpetual, royalty-free, license to use, reproduce, distribute, and/or transfer any data or account information obtained for the sole purpose of monitoring your transactions within the corresponding accounts. Notwithstanding the foregoing, Aura may prepare, develop, and retain aggregated and/or anonymized data from your account for its own internal use.
Should you change your account information (including your Transaction Account Credentials with any of your third-party providers) you must also update that account information in our system in order for Aura to continue to provide the Services to that respective account. You hereby acknowledge and understand that our network(s), products, and/or services are limited to the account information provided by you and your third-party providers, and we may in certain limited circumstances experience delays and/or failures to process or identify fraudulent transactions. You hereby acknowledge and agree to monitor your accounts and transactions and further expressly recognize that you should not solely rely on alerts from Aura for accuracy or delivery in all cases.
3.7 Additional Title Monitoring
We may offer additional title monitoring for property you own and register with us such as for your home or car (“Additional Title Monitoring”). Our Additional Title Monitoring services send a notification to you if we identify an ownership or other change on the title to your monitored property based on the applicable records kept by the relevant authorities such as by your county’s assessor or recorder’s office. If you receive a notification, you will need to contact your relevant authority to get more detailed information and/or correct their records. Our Additional Title Monitoring is offered as a notice-only service and Additional Title Monitoring does not include any Identity Theft Remediation Services (discussed in Section 3.8 below) or identity theft event insurance (discussed in Section 3.3 above), or any other services whatsoever, for any ownership or other changes to the titles available for monitoring through our Additional Title Monitoring Services.
These Services are dependent upon the records maintained by the relevant authorities such as your county’s assessor or recorder’s office. As such, the accuracy of the information provided through the Services may vary based upon the accuracy of such records. You acknowledge and agree that we will not be liable for any inaccuracies or errors in such records, or for the absence of any information in such records.
3.8 Identity Theft Remediation
In order for us to provide our Identity Theft Remediation Services, you must provide us with a signed Limited Power of Attorney ("LPOA") in the form that we will send to you. A LPOA form may be sent to you after you contact our customer support team which you will be required to complete and return in accordance with the instructions enclosed. The LPOA allows us to work on your behalf with creditors, merchants, banks and other entities. You may also be required to provide us with other documents relating to the applicable identity theft event, depending on the circumstances.
In addition, separate and apart from the LPOA, you authorize us to take all reasonable actions on your behalf to help restore your identity. Without limiting the immediately foregoing sentence, by agreeing to these Terms, you are providing “written instructions” for us to obtain information on a recurring basis from any consumer reporting agency in order to (i) confirm your identity, (ii) display or disclose your credit information to you and/or your designated representative related to your use of the applicable Services, (iii) allow us to create and deliver certain features of the Services to you, and (iv) permit us to monitor your credit file(s) so that we can provide to you and/or your designated representative certain fraud alerts and provide assistance in reviewing certain portions of your credit data. You acknowledge and agree that you do not have to specifically authorize each action we take, and you further acknowledge that we can investigate the facts and circumstances related to your identity theft case, including but not limited to contacting third parties by mail, telephone, and email. We reserve the right to ask for evidence of or related to the identity theft event, including but not limited to: affidavits, police reports, and/or other government reports.
3.9 Additional Members; Family Plans including Parental Controls; Alert Sharing
Some Services, such as our Family Plan, may allow you to register your family members or their devices to use the Services, enable you to add other adults, enter in information about the family member or upload documents on their behalf, or help you monitor and manage the online activities of children up to 18 years old. If you are enrolling a parent or senior, minor or child, spouse or domestic partner or using the Services on their behalf, you agree that the information you provide to Aura about yourself or about the third-party is true and accurate, and you are duly authorized to provide this information, and in certain cases such as the case of minors, to monitor their accounts, on their behalf. You further agree to these Terms on their behalf. If requested, you agree to provide documentation necessary in our sole discretion to prove your relationship with any minor child or other people on your account. You further acknowledge and agree that subject to our then-current customer authentication procedures, another adult customer enrolled on your account may authorize changes to the account, including termination of your subscription or changes resulting in additional charges.
If you have additional members in your subscription plan, you may be able to elect to share certain information or alerts you received from the Services with members of your choosing (“Alert Sharing”). You may choose to end future Alert Sharing with any member in your plan at any time. Information shared prior to revoking Alert Sharing may still be accessible by the member in your Family Plan. If you receive information or alerts related to an additional member’s credit profile (“Credit Information”), you agree you will not use such Credit Information for consumer or commercial credit-granting purposes, and in all cases will use such information in accordance with all applicable laws and regulations. Aura is not responsible for the actions of individuals whom you choose to share your informational alerts with.
Applicable Services may be only accessed and used by, or on behalf of, parents or legal guardians, parent in-laws, sibling in-laws, spouses/domestic partners, and/or minor children (for whom you are the legal guardian or parent). If you are an adult legal guardian, you may use the Services to track and monitor only your minor children, minor children for whom you are the legal guardian or others for whom you have legal authorization to track and monitor. By enrolling a child as part of the Family Plan, you represent and affirm that (a) you are the custodial parent or legal guardian of each minor child you register, (b) any documentation that you provide asserting the same is valid, (c) each minor child that you register legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver's license, (ii) your child's social security card, (iii) your child's birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. Enrollment of any child in Family Plan will be canceled upon any child becoming 18 years old and the primary member may then invite the adult (former child) to join his/her Family Plan.
The parental controls Services (“Parental Controls”) are only for parents to monitor the Internet and mobile activity of their minor children and are designed to be administered by adults on behalf of a family or community. The parent or legal guardian user(s) in a Family Plan with Parental Controls selected are solely responsible for any activity or actions in their Family Plan account resulting from the use of their log-in credentials on the Services, whether or not the primary user has authorized such activities or actions. You acknowledge that use of the Parental Controls feature does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the Parental Controls feature as regards content blocking. “False positive” content blocking may occur from time to time or at any time. We strive to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked by the Parental Control feature. In the event that you believe we are miscategorizing a site or service, please contact us at firstname.lastname@example.org to submit the issue for review. Use of the Parental Control features may include “reward” activities for users who are seeking to ensure that their children or other dependents are successfully completing tasks. As an example, a user may condition access to web content on the successful completion of homework or chores. Aura does not monitor, nor can it verify, user activity with respect to such reward activities. Aura makes no representations about the effectiveness of such methods.
3.10 Anti-Virus/Malware Removal
If your Subscription includes our Anti-Virus or Malware Removal Services, or a similar service whereby we or one of our partners access your device to attempt removal of malware or perform other specified services, additional terms may apply. Such terms may be specified in the documents that accompanied your purchase.
We will make commercially reasonable efforts to perform the malware removal Services covered by your Subscription. You understand and agree that not all malware can be removed through the Services and we do not guarantee that we can remove all malware from your device(s). To the extent permitted by applicable law, we will have no liability for loss of or recovery of data, software, or loss of use of system(s) or networks arising out of your use of these Services or any act or omission, including negligence, by us or our representatives. You agree that you have a valid and legal license to access and download the Services on your device(s) and that your use of the Internet is solely at your own risk. By electing to receive the Services, you confirm that you (i) have full access to your hardware and software for which you are purchasing the Services, and (ii) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services.
3.11 Safe Browsing
Our Safe Browsing Services provide information to guide users about certain risks that may be associated with a website. We do not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITE RATINGS PROVIDED THROUGH THE SERVICES ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE RATINGS REPRESENT AN ENDORSEMENT BY US OF THE SITE’S CONTENT, SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.
3.12 Mobile Messaging Alerts
Our Mobile Alert Services allow you to receive informational alerts related to the categories you select. If you do not wish to continue receiving these Services, you can reply “STOP” to any mobile message from us in order to opt out of the Services.
User Opt In: The Services allow users to receive SMS/MMS (“mobile”) alerts that include information related to your Subscription, such as, but not limited to, fraud monitoring alerts, credit score alerts, dark web activity alerts, etc. Users must affirmatively opt into these Services, such as by signing up online, or by texting a keyword to Aura’s short code in response to a call-to-action. Regardless of the opt-in method you utilized to receive the Services, you agree that these Terms apply to your participation in the Services. The mobile messaging service used by Aura to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers. Thus, Aura’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by signing up to receive mobile alerts from Aura, you agree to receive autodialed mobile messages and you understand that consent is not required to make any purchase from Aura.
Aura may also offer various applications or services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile telephone number to Aura when presented with or informed of these Terms, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.
Cost and Frequency: Message and data rates may apply. The Services involve recurring mobile messages, and additional mobile messages may be sent based on your interaction with Aura.
Contact Information: For support, text “HELP” to any Aura mobile message. If at any time you forget what keywords are supported, you can also text "HELP" to 99754 and we will respond with instructions on how to contact us. For all questions about the Services provided by this short code, you can send an email to email@example.com.
User Opt-Out and Additional Commands: To opt-out of receiving all mobile messages, reply “STOP” to any mobile message you received from Aura on your mobile device. This is the easiest and preferred method to opt out of receiving mobile messages from Aura. You may receive an additional mobile message confirming your decision to opt out. The Services may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Services, even after opting out of receiving the mobile alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Aura that result from your continued communication with the Services. Aura may also provide you instructions on how to rejoin receiving the Services’ recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Services through any of the available options to do so.
MMS: The Services will send SMS MTs if your mobile device does not support MMS messaging.
Aura Warranty: Aura will not be liable for any delays or failures in the receipt of any messages connected with the Services. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Aura’s control.
Participating carriers: Aura engages various SMS related service providers to provide SMSs to you. It is possible that your phone carrier is not able to receive SMSs through Aura. The list of participating carriers and any charges by them are outside of Aura’s control. No participating carrier shall be liable for delayed or undelivered messages.
Miscellaneous: You warrant and represent that you will not provide to Aura any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Aura that your prior telephone number is no longer assigned to you.
3.13 Alias Email
Our Alias Email Services allow you to generate a random, “masked” email address to use when creating account credentials for third-party sites and services online. This allows you to create accounts with third-party sites and services while keeping your real email address private. Emails sent from the third-party service provider to the masked email address will be redirected to the email address associated with your Subscription. As such, the Services will not prevent your receipt of any unwanted emails sent by third parties. The sole function of the Services is to permit you to keep your email address private when creating an account online with a third-party. We do not guarantee that the Services will be effective or functional for all third-party sites and services.
3.14 Experian CreditLock
By requesting an Experian CreditLock to be placed on your behalf, you are requesting to restrict most third-party access to your Experian credit report. You acknowledge that your Experian credit report, when locked with Experian CreditLock, may still be accessible by third parties in certain instances deemed to be low-risk by Experian, including access to your Experian credit report by the following third parties: (1) You, as part of any Service offering Experian CreditLock as a benefit; (2) potential employers or insurance companies; (3) companies that have an existing credit relationship with you; (4) collection agencies acting on behalf of companies or individuals on a debt you may owe and related collection activities; (5) companies providing pre-screened credit card offers. Please understand that your Experian credit report will be unlocked if you cancel a Service that includes Experian CreditLock as a benefit, or downgrade to a Service that does not include Experian CreditLock as a benefit.
Your Experian CreditLock will restrict delivery of your Experian credit report only, and does not apply to your TransUnion or Equifax credit report. To lock or place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly. While Experian CreditLock may include some functionality similar to security freeze programs required under certain laws, you acknowledge that Experian CreditLock is a separate service from, and not equivalent to, such security freeze programs. For more information about the Experian security freeze program, please contact Experian at https://www.experian.com/freeze/center.html or 1-888-EXPERIAN.
If your subscription includes Aura’s Vault feature, you may use it to store your documents, certain personal information of yours, your passwords for any websites, apps or services that you elect to use it for, or other information (“User Information”) and scan the Dark Web for certain information associated with the User Information. You acknowledge that all User Information uploaded to Aura’s Vault by you will be processed by Aura to determine whether the User Information contains certain personal information that may be monitored by our Dark Web Monitoring feature (“Vault Processing”) and consent to the Vault Processing. You also acknowledge that Aura may use the User Information to develop, test, create derivative works, and improve our services. Such User Information is deleted when it no longer serves a necessary purpose. For a list of personal information Aura’s Vault scans for and collects to enable Dark Web Monitoring, please see Section 3.1. The amount of storage space Aura provides to you is determined by the plan you select. If you exceed your allotted amount of storage space, we will restrict you from uploading additional User Information. Such restrictions shall remain until any such excess usage is adequately eliminated by you.
We may enable you to elect to share this User Information with other individuals in your family plan or third-parties who do not have an account with Aura via a secure web link or, if the individual has an account with Aura, within the Aura Vault (“Vault Sharing”). Sharing within the Aura’s Vault may be revoked by you at any time, however, if you choose to send User Information via a secure web link and the recipient downloads the Shared Information to their device, Aura cannot guarantee the individual receiving the Shared Information no longer has access to it. By electing to share your User Information, you acknowledge that the individual receiving the User Information may share the User Information with other individuals either through the Services or outside of the Services. Aura is not responsible for the actions of individuals whom you choose to share your documents, personal information, and passwords with.
Our Aura Vault browser extension will periodically notify you to store your passwords with Aura when you’re browsing the Internet. We recommend that you do not share the password to your Aura account with anyone, because anyone with access to your Aura account may be able to obtain access to your other passwords that you do not wish to share.
By using Aura’s Vault, you represent and warrant that:
- you are not a minor or you are the parent/legal guardian of all minors depicted in your User Information, if any.
- you have the full right, power and authority to agree to these Terms and grant the rights described herein;
- you own all rights in and to your User Information and name and/or likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage otherwise claim any rights with respect to such User Information and name and/or likeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Information and name and/or likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Information;
- Aura’s use of your User Information and name and/or likeness as described herein will not violate the rights of any third party, or any law, rule or regulation, including but not limited to consumer protection, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights and laws;
- the User Information will not include health or medical information or other information that is subject to the Health Insurance Portability and Accountability Act, or any other information subject to any other health information law.
- the User Information and name and/or likeness is not confidential, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
- you confirm and agree that Aura’s use of your User Information as described in these Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity.
3.16 Certain Reseller Executive or Other Executive White Glove Plans
We may offer certain reseller executive or other executive white glove plans such as our Employee Benefits Executive Ultimate Plan. If you’re enrolled in one of our reseller executive or other executive white glove plans, you agree to the following:
- You agree that if you have voluntarily identified the person designated in the LPOA to interact with us, such delegation is binding and enforceable and we can rely on the instructions of such person on your behalf. You will be responsible for any and all actions of your delegate.
- In the event you wish to change your delegate, you will reach out to us and inform us of the change in writing.
- We will occasionally call the primary member or their delegate to follow up on certain high importance alerts, but it will be your responsibility to review alerts and contact us if they suspect fraud or need assistance.
- If it is included in your plan, your insurance coverage for any identity theft protection related eligible losses will be up to USD $5 million. Please see summary of benefits here for more details.
3.17 Insurance Coverage for Employee Benefits Programs
If you are enrolled in our Services as part of an employee benefits program, your insurance coverage for any identity theft protection related eligible losses will be up to USD $5 million. Please see summary of benefits here for more details.
3.18 Call Protection and SMS Spam Blocker
If your Aura subscription includes Aura’s Call Protection and SMS Spam Blocker, the feature will enable you, among other things, to automatically block nuisance calls (robocalls, telemarketers, etc.), to forward all unknown calls to an AI assistant (“Call Assistant”) to blacklist and whitelist specific numbers and, if enabled, to block SMS spam messages. Aura also offers automated call screening assistance. When an unrecognized number calls that is not (i) a contact, (ii) on your whitelist, or (iii) not clearly identified as spam, the automated call screening assistance feature will prompt the caller to state a name and purpose for the call, all of which is transcribed and made available for your review. Certain features may not be available in earlier versions of the application or on Android devices.
Functionality: We use a telephone carrier network (“PSTN”) to deliver calls to your Device. The technology and how calls are received on your Device are determined by your telephone carrier and the version of the operating system your Device is running when the App is set up. Please note that you are solely responsible for any charges imposed by your mobile service provider for (i) using the call forwarding feature, (ii) local or long distance usage, and (iii) text message and data usage.
Call Blocking/Forwarding: Activating the call blocking/forwarding feature means that certain incoming calls (e.g. declined calls, silenced calls or unanswered calls) are forwarded to Aura in order to identify and block nuisance and unwanted calls accordingly (or send them back to your Device as a safe call - all before your phone rings). Calls from your Device’s contacts go directly to your Device.
Number Monitoring: You agree to check the numbers and messages from blocked calls on your Device regularly to ensure that you whitelist any legitimate phone number so that it will not be blocked in the future. The Service also provides you the ability to create and modify a personal whitelist ("Allow List") and blacklist ("Block List"). You can use the whitelist feature to ensure that a specific number is never blocked. You can add or remove users from your personal Allow List and Block List at any time. Please note that if you have requested a call from, or have an existing relationship with a debt relief company, collections company or if you provided your number to authorize a sales call to any company and you desire to continue receiving those calls, we advise you to add the number to your contacts or Allow List and to monitor your Aura messages for calls you may wish to return.
Access to Contacts: In order to provide the Services, Aura must access the numbers in your Device’s address book.
Call Assistant. Aura provides you the option to use its Call Assistant to respond to all unknown calls. If you choose to use Call Assistant, unknown callers (i.e. those not in your phone contact list) will hear a very polite but concise default recording. When the unknown caller engages with Aura’s Call Assistant, the conversation is recorded and transcribed. You may also choose to have the Call Assistant listen to and monitor your conversations with unknown callers (“Active Call Assistant Monitoring Feature”). If you activate the Active Call Assistant Monitoring Feature, the Call Assistant will alert you of potential scams if the Call Assistant determines the unknown caller’s conversation with you is suspicious. Please note that if you activate the Active Call Assistant Monitoring Feature your conversation with any unknown caller will be recorded and transcribed.
The Call Assistant will categorize the call as Verified, Spam, or Unverified. “Verified” means the Call Assistant determines the unknown caller is not making an unsolicited commercial call (i.e. a doctor’s appointment reminder). “Spam” means the Call Assistant determines the unknown caller is making an unsolicited commercial call or a known scam offer (e.g. a call from a suspected scammer to extend your car’s warranty). “Unverified” means the unknown caller’s response is too vague for the Call Assistant to categorize the call as Verified or Spam.
By default, if the Call Assistant categorizes the call as Verified, it will transfer the call to you. If the Call Assistant categorizes the call as Spam or Unverified, it will request the caller leave a voicemail, which will be recorded and saved within the App (“Call Assistant Recording''). You choose to change these default settings to have the Call Assistant also transfer Spam and/or Unverified calls to you. BY USING AURA’S CALL ASSISTANT FEATURE, YOU EXPRESSLY AUTHORIZE US TO RECORD AND TRANSCRIBE CALL ASSISTANT CONVERSATIONS ON YOUR BEHALF.
If made available by Aura, you may choose to have the Call Assistant listen to and monitor your conversations with unknown callers (“Active Call Assistant Monitoring Feature”). If you choose to activate the Active Call Assistant Monitoring Feature, the Call Assistant will alert you of potential scams if the Call Assistant determines the unknown caller’s conversation with you is suspicious. Please note that if you activate the Active Call Assistant Monitoring Feature your conversation with any unknown caller will be recorded and transcribed.
Legal Compliance: Depending on the state or country in which you are located, the Call Assistant recordings may require you or Aura to acquire the consent of the other parties on the call prior to recording the telephone conversation. YOU ACKNOWLEDGE AND AGREE THAT AS THE INDIVIDUAL DIRECTING THE RECORDING, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE LAW IN THE STATE OR COUNTRY IN WHICH YOU ARE RECEIVING CALLS PRIOR TO USING THE CALL ASSISTANT FEATURE IN THAT STATE OR COUNTRY. You agree not to enable the Call Assistant feature unless you have first determined that your use is legal.
Voicemail and Call Screening Transcriptions: Aura may transcribe voicemail messages and call screening recordings that will be made available for your use. Should you decide to deploy the transcription features, you acknowledge and expressly agree that Aura may transcribe or have transcribed by a third party and store or have stored by a third party, voicemail messages and call screening recording, and to make such transcriptions available to you.
Call Data Retention: We make no guarantees that we will retain certain call data such as calls, call recordings, voicemail, call screens, Call Assistants and transcriptions for greater than six (6) months, after which we may delete such call data. If you would like to retain this information, you can go to the App’s call details and share the information to your email or cloud storage account. You acknowledge that you bear sole responsibility for the back-up of this information.
SMS Spam Protection: Aura provides you with the option to enable a SMS spam protection feature which will filter SMS and MMS messages from individuals not in your Device’s contacts. When you enable the SMS spam blocking feature and grant us permission, we will filter SMS text messages from individuals that are not in your Device’s contacts and attempt to block any spam messages.
Call Forwarding Deactivation: Please follow the following deactivation steps if you enabled the call blocking/forwarding feature during the setup process. In addition to unsubscribing, you must deactivate your account within the App. If you still have the App on your Device, please open the Aura App > tap the settings tab located in the bottom right > tap help & feedback under support > tap disable Aura > follow the on-screen instructions. If you deleted the App before deactivating the call blocking/forwarding feature, please open the settings icon on your Device > tap phone > tap call forwarding > turn off call blocking/forwarding. If you fail to deactivate the call blocking/forwarding feature, you will not receive your voicemail messages and may experience other problems with your telephone carrier.
License: We may collect and store unrecognized numbers that call or text (“Unrecognized Incoming Telephone Number”) you to provide, develop, test, and improve our services. You grant us anon-exclusive, fully paid up, royalty-free, worldwide, transferable, sublicensable, perpetual, and irrevocable right and license to use the Unrecognized Income Telephone Numbers to copy, modify, create derivative works, distribute, publicly perform, and display, and otherwise use the Unrecognized Incoming Telephone Numbers.
Part 4. Limited License
We are pleased to grant you, an individual user, a personal, non-transferable, nonexclusive term-limited and revocable license to install and use the Software and access the Services for which you have purchased a Subscription for personal use on the number of Devices (defined below) and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements.
"License Entitlement" means the number and type of Devices and users that are permitted to download and use the Software and access the Services, as specified at time of purchase and in your account profile. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
"Service Entitlement" means the scope and duration of the Services you purchased, as specified at time of purchase and in your account profile. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
"System Requirements" means the supported Devices and operating systems that the particular Aura product or service you purchased will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Services.
4.1 Ownership; Proprietary Rights
The Services, including the Software (and any releases, revisions, updates, or enhancements), and all of their content, features, and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design, selection and arrangement thereof, and any accompanying documentation (collectively, the “Materials”) are the exclusive property of Aura, its licensors, or other content suppliers and are protected by the United States and Canadian copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by Aura, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Services or Materials. Aura reserves all rights not expressly granted in these Terms.
4.2 Limited License
Subject to these Terms, Aura grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Services for internal, noncommercial, and personal purposes only and subject to your Service Entitlement and License Entitlement. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
4.3 License Restrictions
You may not (and may not allow a third-party to):
(a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
(b) remove or destroy any copyright notices or other proprietary markings from the Services;
(c) attempt to circumvent any use restrictions applicable to the Services;
(d) modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services;
(e) use, copy, or distribute the Software without Aura’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only.
(f) use the Services to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed "not to use any ad blocking solutions", for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
(g) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof;
(h) combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with Aura;
(i) except with Aura’s prior written permission, publish any performance or benchmark tests or analysis relating to the Services;
(j) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Services or any of your rights and obligations under this Agreement; or
(k) assault, interfere, deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
4.4 Open Source
The Open-Source code components that are included with the Software are redistributed by Aura under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source code components from Aura under these Terms neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code components. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
You may use the Software solely to access the Services. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Services may vary and the Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
Upon expiration or any termination of these Terms, you must stop using the Services and destroy all copies of the Software and any associated documentation in your possession.
4.7 Law Enforcement and Public Interest
Part 5. Additional Terms for Residents of Canada
This section sets out additional information for residents of Canada.
5.1 Subscription Terms, Payment, Renewals, and Cancellation
The term of your subscription (whether it is yearly or monthly) and your payment terms (both the amounts you pay, and when you pay them) will be set out before you purchase your subscription. For monthly subscriptions, your subscription continues until cancelled in accordance with section 1.2 above.
5.1.1 Renewals for individuals residing outside of the province of Quebec:
- Yearly subscriptions: We will send you notice as required by law to inform you that your subscription will be automatically renewed, unless you cancel it. If you do not cancel, your subscription will be automatically renewed in accordance with section 1.2 above. 5.1.2
5.1.2 Renewals for individuals residing in the province of Quebec:
- Yearly subscriptions:
Yearly Subscriptions automatically renew on a month-to-month basis at the end of your yearly Subscription. We will send you notice as required by law to inform you that your subscription automatically renews on a month-to-month basis at the end of the first year, unless you cancel it. If you do not cancel, your Subscription will be automatically renewed on a month-to-month basis at the price shown in your account dashboard or otherwise communicated to you by us (“Renewal Price”) unless (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 above, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. We will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. You may cancel your Subscription by contacting us via the phone number in your account dashboard, which at the time of publishing is 1-833-552-2123, or by logging into your account. Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
5.2 Money Back Guarantee
For most of our service offerings, Aura offers a money back guarantee on purchases of our services for a period of 14 days from the date of your initial purchase. The conditions and any limitations or exclusions from this guarantee will be set out at the time of your purchase.
5.3 Service Availability
The Services we provide in Canada may differ from those we provide in the United States, or in other jurisdictions. Some Services may not be available in Canada, though we may introduce new Services at any time in our discretion. Currently, we are unable to offer the following Services to residents of Canada:
- Identity Theft Protection
- Financial Transaction Monitoring
- Additional Title Monitoring
- Experian CreditLock
If you provide us with the personal information of another individual (for example, any services involving Additional Members, Family Plans, Vault Processing, or the Active Call Assistant Monitoring Feature), you must have the consent of that individual to do so, if they are above the age of majority in the jurisdiction they reside, or you must be the parent or legal guardian of such person if they are a minor where they reside, and you must consent on their behalf.
We may amend, modify, or update all or any portions of the Terms or the Services at any time and from time to time, in our sole discretion, and including without limitation our prices, payment terms, warranties and cancellation policies, subscription terms, term structure and the nature, content, and features of our Services. If we do so, we’ll let you know either by posting the updated Terms on our website or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. Where required by law, or at our discretion, if you do not agree with any modification, then you may terminate the Services, without cost, penalty or cancellation indemnity. You may do so in accordance with the notice, and for individuals residing in Quebec, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.
5.6 Contact Us
If you have any questions, you may contact us at:
250 Northern Ave., 3rd Floor
Boston, MA 02210
August 16, 2021: Modified Free Trials (Section 2.4) and certain Service-Specific Terms.