Terms of Service - ShelfPulse

Welcome to ShelfPulse! These Terms of Service ("Terms") govern your use of the ShelfPulse mobile application ("App"), which provides analytics and monitoring capabilities for Audiobookshelf servers. By downloading, accessing, or using ShelfPulse, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Description of Service

ShelfPulse is a mobile application designed for iOS devices that connects to Audiobookshelf servers to provide:

Real-time monitoring of active listening sessions
User analytics and listening statistics
Library analytics and insights
Personal listening history and progress tracking
Home screen widgets for quick access to statistics
Customizable themes and user interface options

ShelfPulse offers both free features and optional premium features available through subscription.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple devices that you own or control, solely for your personal, non-commercial use.

3. User Accounts and Server Connection

To use ShelfPulse, you must:

Have access to a valid Audiobookshelf server
Provide valid server credentials (URL, username, and password/API token)
Ensure you have proper authorization to access the Audiobookshelf server
Maintain the security and confidentiality of your login credentials

You are responsible for all activities that occur under your account and for ensuring the accuracy of any information you provide.

4. Subscriptions and Premium Features

ShelfPulse may offer premium features through auto-renewing subscriptions. By purchasing a subscription:

Payment will be charged to your Apple ID account at confirmation of purchase
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
Your account will be charged for renewal within 24 hours prior to the end of the current period
You can manage and cancel subscriptions in your App Store account settings
No refunds will be provided for unused portions of a subscription period

5. User Conduct

You agree not to:

Use the App to access Audiobookshelf servers without proper authorization
Attempt to reverse engineer, decompile, or disassemble the App
Use the App in any way that violates applicable laws or regulations
Interfere with or disrupt the App's functionality or servers
Use automated means to access the App or collect data from it
Attempt to gain unauthorized access to any systems or networks connected to the App

6. Intellectual Property

ShelfPulse and all associated trademarks, service marks, graphics, and logos are the property of Eric Randall. The App's design, functionality, and content are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App without express written permission.

7. Third-Party Services

ShelfPulse connects to third-party Audiobookshelf servers. We are not responsible for:

The availability, content, or policies of third-party Audiobookshelf servers
Any data loss or issues resulting from server connectivity problems
The security practices of third-party servers

Your use of Audiobookshelf servers is subject to their respective terms of service and privacy policies.

8. Data and Privacy

Your use of ShelfPulse is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the App, you consent to the practices described in the Privacy Policy.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

The App will be uninterrupted, secure, or error-free
The results obtained from using the App will be accurate or reliable
Any errors in the App will be corrected
The App will be compatible with all devices or operating system versions

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the App
Any unauthorized access to or use of your data
Any interruption or cessation of the App
Any bugs, viruses, or other harmful code that may be transmitted through the App
Any errors or omissions in any content or data

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless ShelfPulse and its developers from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

13. Termination

We may terminate or suspend your access to the App at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the App will immediately cease.

14. Apple App Store Requirements

This App is made available through the Apple App Store. You acknowledge and agree that:

These Terms are between you and ShelfPulse, not with Apple
Apple has no obligation to furnish maintenance and support services
Apple is not responsible for addressing any claims relating to the App
Apple is a third-party beneficiary of these Terms and may enforce them

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Cache County, Utah.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ShelfPulse regarding the use of the App and supersede any prior agreements.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

Eric Randall
Email: [email protected]
Address: 25 S 200 W, Hyde Park, UT 84318
United States