Terms of Service

IMPORTANT — PLEASE READ THESE TERMS CAREFULLY.

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and DAK Enterprises LLC ("we," "us," "our," "Company"), the maker of The Book Collector ("the App," "the Service"). By downloading, installing, accessing, or using The Book Collector on any Apple device, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP.

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, or using The Book Collector, you represent and warrant that:

1.2 Additional Terms

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference, and by Apple's standard App Store Terms of Service.

1.3 Modifications

We reserve the right to modify these Terms at any time. Material changes will be surfaced through an in-app banner at least thirty (30) days before they take effect. Changes become effective on the "Effective Date" posted at https://dakenterprises.dev/book-collector/terms.html. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the App.

2. Description of Service

2.1 App Purpose

The Book Collector is a personal library management application for iOS and iPadOS. The App enables you to:

2.2 Personal Tool Disclaimer

THE APP IS A PERSONAL LIBRARY TOOL. IT IS NOT INTENDED FOR PROFESSIONAL LIBRARY CATALOGING, INSURANCE APPRAISAL, LEGAL VALUATION, OR ANY OTHER USE WHERE ERROR, DELAY, OR INACCURACY COULD RESULT IN FINANCIAL, LEGAL, OR OTHER HARM.

You are solely responsible for:

2.3 Service Availability

The App runs locally on your device and syncs through Apple's iCloud infrastructure. Availability of App Store downloads and updates, iOS system services (SwiftData, CloudKit, WidgetKit, Vision, AVFoundation, StoreKit), the public book-metadata providers the App contacts (including Open Library and Google Books), and any other third-party service on which the App relies are outside our control. We do not guarantee that any Apple platform feature or third-party provider the App uses will remain available, unchanged, or supported in future versions.

3. License Grant

3.1 Grant of License

Subject to your compliance with these Terms, DAK Enterprises LLC grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use The Book Collector on Apple-branded devices that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You may not:

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use the App only for lawful purposes and in compliance with all applicable laws.

4.2 Prohibited Uses

You agree NOT to:

4.3 Content Ownership

You retain all rights to the book records, notes, cover photos, custom cover images, shelves, library names, and reading log entries you create in the App. Because that content is stored on your device and in your own iCloud private database, we do not receive it, we do not access it, and we do not claim any license to it.

4.4 Data Responsibility

All library data you enter is stored on your device and (if iCloud sync is enabled) in your personal CloudKit private database. You are solely responsible for the accuracy of that data and for backing it up. Uninstalling the App or clearing its CloudKit data through Apple ID settings will permanently delete your library, and we cannot recover it. The App provides a CSV export for exactly this reason — use it.

4.5 Shared Libraries

When you invite another person to access one of your libraries, or accept an invitation to access someone else's, you acknowledge that:

5. Subscription and Payment

5.1 Free Tier and Paid Plans

The Book Collector offers a free tier limited to fifty (50) books per library. Beyond the free tier, the App offers the following paid options, subject to change:

Free-tier features are otherwise identical to paid features; the only limit is the book count. Paid tiers unlock unlimited books, shelves, libraries, and reading log entries.

5.2 Apple App Store Billing

All purchases and subscriptions offered through The Book Collector are billed through the Apple App Store and are governed by Apple's standard payment and subscription terms. DAK Enterprises LLC does not process, store, or receive your payment card information directly.

5.3 Auto-Renewal

Auto-renewing subscriptions renew at the end of each billing period unless you cancel at least 24 hours before the renewal date through your Apple ID subscription settings. Renewal charges are billed to your Apple ID payment method.

5.4 Cancellation

You may cancel any auto-renewing subscription at any time through Settings → Apple ID → Subscriptions on your device. Cancellation takes effect at the end of the then-current billing period, and you retain access to paid features until that period ends.

5.5 Family Sharing

In-app purchases and subscriptions for The Book Collector are not enabled for Apple's Family Sharing. Each Apple ID holder needs their own purchase.

5.6 Refunds

Refund requests for App Store purchases are handled by Apple pursuant to Apple's refund policy. DAK Enterprises LLC does not issue refunds directly.

5.7 Price Changes

We may change the price of any paid feature, subscription, or lifetime purchase at any time. Price changes affecting existing subscribers will be communicated as required by Apple's policies and applicable law. Existing lifetime purchases are honored at the price you paid.

6. Intellectual Property

6.1 App Ownership

The App, including its code, design, user interface, visual elements, marks, palette, illustrations, and documentation, is owned by DAK Enterprises LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all rights to any text, book records, notes, custom cover images, shelf names, library names, or reading log entries you enter into the App. Because that content is stored on your device and in your own iCloud account and not transmitted to us, we do not receive any license to it, we do not access it, and we do not use it for any purpose.

6.3 Book Metadata

Book metadata returned by public providers (title, author, cover art) is owned by the respective providers, publishers, or rights holders. Cover images displayed in the App are fetched from public content delivery networks and are used for personal cataloging purposes only. You are responsible for compliance with any restrictions on cover imagery in your jurisdiction if you re-use those images outside the App.

6.4 Feedback

If you send us feedback, suggestions, bug reports, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

7. Third-Party Services and Platforms

The Book Collector runs on Apple hardware and operating systems and relies on Apple-provided platform services (including SwiftData, CloudKit, Vision, AVFoundation, and StoreKit). It also contacts public book-metadata providers including Open Library and Google Books. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, ACCURACY, OR CHANGES OF ANY APPLE SERVICE, PUBLIC METADATA PROVIDER, OR OTHER THIRD-PARTY PLATFORM ON WHICH THE APP DEPENDS.

The App does not integrate with, transmit data to, or rely on any third-party analytics, advertising, crash reporting, or backend service beyond those listed above.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

USE OF THE APP IS AT YOUR SOLE RISK.

We have no obligation to review, monitor, verify, correct, or update any book record, cover image, note, library, or metadata result surfaced through the App.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

THE APP DOES NOT PROVIDE PROFESSIONAL LIBRARY, INSURANCE, LEGAL, OR FINANCIAL VALUATION SERVICES. LIBRARY VALUE ESTIMATES ARE INFORMATIONAL ONLY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAK ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY:

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF: FIFTY UNITED STATES DOLLARS ($50.00 USD), OR THE TOTAL AMOUNT YOU PAID DAK ENTERPRISES LLC FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if any limited remedy fails of its essential purpose and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS:

FROM AND AGAINST ANY AND ALL:

ARISING FROM OR RELATED TO:

We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You agree not to settle any such claim without our prior written consent.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] and attempt informal resolution in good faith for at least thirty (30) days.

11.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS OR THE APP THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION, except for intellectual property disputes and requests for injunctive relief, which may be brought in court.

Arbitration shall be conducted:

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative or class proceeding.

11.4 Small Claims Exception

Either party may bring an individual action in small claims court for any claim that qualifies under the rules of that court.

11.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your name, the Apple ID email associated with your Book Collector installation, and a clear statement that you wish to opt out of arbitration.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

For any matter not subject to arbitration under Section 11, you and DAK Enterprises LLC consent to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE APP.

13. Copyright and Intellectual Property Complaints (DMCA)

If you believe that any content or material available in or through the App infringes your copyright, you may send a notice of alleged infringement to our designated agent under the Digital Millennium Copyright Act (DMCA). The notice must include:

Send DMCA notices to: [email protected] with the subject line "DMCA Notice — The Book Collector."

14. Term and Termination

14.1 Term

These Terms take effect the first time you install or use the App and continue until terminated in accordance with this Section.

14.2 Termination by You

You may terminate these Terms at any time by uninstalling the App and discontinuing all use. Your local data on the device where you uninstalled is deleted with the App; your iCloud CloudKit data remains in your Apple ID until you remove it through Apple ID settings.

14.3 Termination by Us

We may terminate or suspend your license to use the App at any time, with or without cause and with or without notice, if we reasonably believe you have violated these Terms. In the event of a subscription cancellation initiated by us for a material breach, we may deny refunds to the extent permitted by Apple's refund policy and applicable law.

14.4 Effect of Termination

Upon termination, your license to use the App ends immediately. Sections 6, 8, 9, 10, 11, 12, and 15 survive termination.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and DAK Enterprises LLC regarding the App and supersede any prior or contemporaneous understandings.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

No third-party beneficiary rights are created by these Terms, except as expressly noted in Section 16 with respect to Apple.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, epidemic, pandemic, government action, power failures, or failures of Apple platform services or public metadata providers.

15.7 Notices

We may provide notices to you by posting them at https://dakenterprises.dev/book-collector/, via an in-app banner, or by any other reasonable means. Notices to us must be sent by email to [email protected].

16. Apple App Store Terms

The Book Collector is distributed through the Apple App Store. The following provisions apply to your download and use of the App from the App Store:

17. Contact Information

The Book Collector
Made by DAK Enterprises LLC

Email: [email protected]

18. Acknowledgment

BY INSTALLING OR USING THE BOOK COLLECTOR, YOU ACKNOWLEDGE THAT:

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE BOOK COLLECTOR.