These Terms of Use (this “Agreement”) concern Lyra Collective (the “Company”) (together with its pages and features, the “Site”) and all associated services, features, and products provided on, through, or in relation to the Site, including Aurora (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively as the “Parties”.

Please read this agreement carefully before accessing or using the Site and/or the Services. This includes the “Dispute Resolution” clause contained in this agreement, which provides for binding arbitration and waivers of jury trials and class actions. You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Site and/or the Services; and your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. The Company may supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site as Company deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Site or the Services.

The Site and the contents on the Site are intended solely for use by authorized business users in connection with their e-commerce operations. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit, in any way, any of such content or the Site.

1. Eligibility

The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user's respective jurisdiction, and who have accepted this Agreement. By accessing or using the Site or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Site or the Services.

2. Privacy

Company respects the privacy of others. Company's policies concerning the collection and use of your personal information in connection with the Site are set forth in Company's Privacy Policy, which you should carefully review each time you access or use the Site or the Services.

3. AI-Powered Services

Any data provided to Aurora may be processed using third-party AI services, including Anthropic's Claude, to generate insights and analytics. Aurora does not train or fine-tune large language models. Data shared with AI service providers is handled in accordance with applicable data protection laws and their respective privacy policies. Personally identifiable information will not be shared with AI providers without explicit consent. Reasonable technical and organizational measures are implemented to protect data from unauthorized access or disclosure. Data is retained only as long as necessary and will be securely deleted or anonymized upon request.

4. Subscriptions

You agree that if you purchase a subscription, your subscription will automatically renew on an annual basis, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription 30 (thirty) days before the subscription period renewal date by using the subscription cancellation self-serve functionality, or by requesting cancellation by contacting hello@auroracommerce.ai.

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

5. Payments

You agree to pay the Company any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing the Company to charge the fees to the account you identify. You must keep all billing information, including payment method, up-to-date.

After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 2.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges.

6. Ownership

The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by the Company. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement.

7. User Account

Registration

To secure the right to access and use the registration-only pages or features of the Site, you may be required to register with and create a personal user account with the Company through the Site (a “User Account”). Unless otherwise permitted by the Company in writing, you may only have one (1) non-transferable User Account.

User Account Activity and Information

You are responsible for all activity that occurs under your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You must immediately notify the Company if you suspect that a third party has gained access to or is making any use of your User Account without authorization.

8. Rights, Permissions, and Consents

License of the Site

Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon.

License of User Materials

All names, information, statements, documents, communications, and any other content that you submit to or publish on, through, or in relation to the Site (the “User Materials”) grant the Company the right to use User Materials solely for purposes of providing and improving the Services. While providing the Services, the Company will not collect email addresses, phone numbers, or any other form of customer data in order to market your services to buyers outside of the Site.

9. Prohibited Activities

You shall not engage in any of the following activities at any time with respect to the Site:

the impersonation of any person or entity;
any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity;
the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by the Company herein);
the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive);
the systematic retrieval or copying of any information or content found on, through, or in relation to the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory;
the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers;
any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, or disassembling the Site or its servers; or
any other act that Company believes in good faith is improper, illegal, or harmful to the Site or its servers, or any person, entity, or property.

10. Disclaimers and Limitations

General Disclaimer

Your access or use of the Site or any products, features, or services made available to you on, through, or in relation to the Site (including, without limitation, the Services) in any way is done at your own risk. The Site and those products, features, and services are provided to you on an “as is”, “where is”, “as available”, and “with all faults” basis and without any warranty. The Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability, and safety).

Limitation of Liability

In no event shall the Company, any of the Company's parents, subsidiaries, or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with your access or use of the Site.

If you are dissatisfied with the Site or any products, features, or services offered, sold, licensed, or made available on, through, or in relation to the Site (including, without limitation, the Services), then your sole and exclusive remedy is to discontinue your access and use of the Site and such products, features, and services.

11. Indemnification

You hereby agree to indemnify, release, and hold harmless the Company, the Company's parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Site in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.

12. Governing Law

This Agreement is governed by the laws of the State of Delaware in the United States of America and the applicable federal laws of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.

13. Dispute Resolution

Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving such disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures, held in Harris County, Texas, United States of America, and conducted in the English language.

14. Force Majeure

The Company shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond the Company's reasonable control.

15. Termination; Survival

If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to the Company. All disclaimers, limitations of liability, indemnification obligations, representations, warranties, and covenants made by you under this Agreement shall survive termination in perpetuity.

16. General Provisions

In no event shall this Agreement create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between the Company and you. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without the Company's prior written consent.

This Agreement, together with those additional terms, conditions, and policies referenced herein, constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings between the Parties with respect to such subject matter.

17. Copyright Infringement

The Company respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site which violate the copyrights of others. To report any materials on the Site that violate the copyrights of others, please send a written communication to:

Lyra Collective
ATTN: Copyright Agent
22 West 19th Street, 5th Floor
New York, NY 10011
Email: hello@auroracommerce.ai

18. Beta Program Agreement

This Beta Testing Agreement constitutes a legal agreement between you (“Tester”) and Aurora regarding Aurora's proprietary and confidential information. By using or participating in any preliminary, evaluation, or “beta” products and/or services, you agree to abide by the terms of this Agreement.

Scope of Agreement

Tester is being granted rights under this Agreement for the purpose of testing and providing input and other Feedback to Aurora regarding Aurora's proprietary, non-commercially available products and/or services on a temporary basis (individually and collectively, the “Beta Product”). Aurora retains sole and absolute discretion over the Beta Products and may modify them at any time.

Limited Use Rights

For the Term of this Agreement, Aurora hereby grants Tester a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to allow Tester's designated participants to use the Beta Products to test its functionality and provide Feedback to Aurora. Tester and/or its designated participants shall not: copy, modify, translate, or create derivative works of the Beta Products; reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code; lend, lease, offer for sale, sell or otherwise use any part of the Beta Products for the benefit of any other third parties; or attempt to circumvent any license, timing or use restrictions.

Feedback

Tester agrees to provide feedback, analysis, suggestions, enhancement requests, comments and recommendations to Aurora regarding the Beta Products upon Aurora's request (the “Feedback”). As between Aurora and Tester, all right, title and interest in and to any such Feedback shall be owned solely and exclusively by Aurora. Tester agrees that Aurora shall have the perpetual, irrevocable and worldwide right to use, modify, license, sublicense and otherwise exploit all or part of the Feedback or any derivative thereof in any manner or media now known or hereafter devised without any remuneration, compensation or credit to Tester.

Intellectual Property

Aurora maintains all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights contained in and to the Beta Products and all related materials. The limited rights granted to Tester to access and use the Beta Products under this Agreement do not convey any additional rights.

Term and Termination

This Agreement shall commence upon Tester's use of or participation in the Beta Products and shall continue until terminated. Either party may terminate this Agreement at any time, for any or no reason, provided, however, Tester must provide written notice to Aurora of its election to terminate this Agreement (email is permissible). Aurora may deny Tester and its designated participants access to the Beta Products. Upon termination, Aurora will provide Tester with a reasonable period (no less than 30 days) to export any data before it is removed from Aurora's systems.

Confidential Information

Tester acknowledges and agrees that its use of the Beta Products will result in Aurora disclosing certain confidential, proprietary and/or trade secret information related to the Beta Products and/or Intellectual Property Rights (the “Confidential Information”). Tester agrees that it will not, without the express prior written consent of Aurora, disclose any Confidential Information or any part thereof to any third party.

Disclaimer of Warranties

THE BETA PRODUCTS ARE PROVIDED “AS IS”. AURORA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA PRODUCTS INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. BETA PRODUCTS ARE PRE-RELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OR SERVICES OFFERING. ACCORDINGLY, ACCESS TO AND USE OF THE BETA PRODUCTS ARE ENTIRELY AT TESTER'S OWN RISK.

19. Contact Us

Please direct any questions you may have about the Site or this Agreement to hello@auroracommerce.ai with a subject line of “Website Question”.

Terms & Conditions