Terms of Service

Effective Date: April 24, 2026 · Last Updated: April 24, 2026

These Terms of Service ("Terms") are a binding agreement between Alive Labs ("Alive Labs," "we," "us," or "our") and the entity or person who creates an Auric account or uses the Auric service ("you," "Merchant," or "Customer"). The Terms govern your access to and use of the Auric product, the auricmobile.app website, and related services (together, the "Service").

By creating an Auric account, clicking "I agree," or otherwise accessing or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and "you" refers to that entity.

These Terms are supplemented by the Auric Privacy Policy, the Auric SMS Terms, and the Auric Acceptable Use Policy, each incorporated by reference.

1. The Service

Auric is a mobile marketing and loyalty platform. The Service enables Merchants to create AI-powered Apple Wallet and Google Wallet passes, send SMS and push campaigns, operate loyalty and punch-card programs, and manage multi-location marketing from a single dashboard.

Key features include the AI Pass Builder, AI Campaign Builder, and AI Marketing Advisor (together, the "AI Features").

Auric is a platform for Merchants. Alive Labs does not set Merchants' marketing strategies, write Merchants' offers, or make claims on behalf of Merchants. Merchants are solely responsible for the content they send and the offers they make.

2. Eligibility and Account

You must be at least 18 years old, have authority to bind any entity you represent, and not be barred from receiving the Service under applicable law. The Service is for business use by Merchants and their authorized personnel.

When you create an account, you agree to:

Provide accurate, current, complete information, including a valid physical business address for regulatory compliance.
Keep credentials confidential and not share them.
Be responsible for all activity under your account.
Promptly notify us at security@auricmobile.app of any unauthorized access.

3. Subscriptions, Plans, Fees, and Billing

3.1 Plans and Trials

Auric is offered on published subscription plans (Starter, Growth, and Scale tiers) and may be offered with a free trial (for example, 14 days) or founding-member pricing for a limited number of early customers. The specific plan, features, trial terms, and price applicable to your account are shown at sign-up and in your account settings.

3.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually, per your selection). By providing payment information, you authorize us to charge the payment method on file for all applicable fees on each renewal date until you cancel.

3.3 Automatic Renewal

Your subscription automatically renews at the end of each billing cycle at the then-current rate until you cancel. You can cancel at any time before the next renewal in your account settings.

3.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, other than taxes based on our net income.

3.5 Price Changes

We may change pricing on notice of at least 30 days (or more, where required by law). Price changes take effect at the start of your next renewal term. Continued use after the change constitutes acceptance.

3.6 Overages and Message Pricing

If your plan includes per-message, per-pass, per-location, or similar allowances, you are responsible for overage fees at the posted rate when you exceed the allowance.

3.7 Non-Payment

If payment fails, we may pause sending, suspend the Service, and charge late fees after reasonable notice. Accounts with unpaid balances may be sent to collections.

3.8 Refunds

Fees are non-refundable except where required by law or expressly stated otherwise. If you cancel mid-cycle, you will retain access through the end of the current billing period; no prorated refund is issued. Free trial conversions: if you do not cancel before the trial ends, you will be charged for the plan you selected.

3.9 Founding-Member Pricing

Where a founding-member rate is offered (for example, 40% off for 12 months, limited to an announced number of spots), the promotional rate applies for the promotional period, after which the then-current standard price applies unless otherwise stated.

4. Term, Cancellation, Suspension, and Termination

4.1 Term

These Terms begin when you accept them and continue until terminated.

4.2 Cancellation by You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the then-current billing cycle.

4.3 Suspension and Termination by Us

We may suspend or terminate the Service, in whole or in part, with notice (where practicable) for breach of these Terms, non-payment, legal or regulatory requirement, risk to the security of the Service, or conduct that materially harms us, Consumers, other Merchants, or third parties.

We may immediately suspend sending for a Merchant account that generates complaint rates or carrier violations that threaten carrier connections, with or without prior notice.

4.4 Effect of Termination

On termination: your license to access the Service ends; unpaid fees become immediately due; Consumer opt-in records may be retained to satisfy legal requirements (see Privacy Policy); and we will make a reasonable effort to allow you to export relevant data for a limited time. Sections that by their nature should survive termination will survive.

5. Acceptable Use

You agree to use the Service in compliance with these Terms, applicable law, carrier requirements, CTIA guidelines, Apple and Google platform rules, and our Acceptable Use Policy. In particular, you will not:

Use the Service for any content or purpose prohibited by the Acceptable Use Policy.
Send SMS without prior express written consent as required by the TCPA and the SMS Terms.
Send unsolicited commercial email in violation of CAN-SPAM or CASL.
Impersonate another business, make deceptive claims, or run false, misleading, or unfair campaigns.
Harass Consumers, send at unreasonable frequency, or message after an opt-out.
Reverse engineer, scrape, benchmark, or build a competing service.
Train, fine-tune, or evaluate an AI or machine-learning model on Service outputs or Consumer data.
Use the Service in violation of export laws or to anyone on a denied-parties list.

6. Consumer Opt-In, Opt-Out, and Responsibility

You are the controller of your Consumers' data and the sender of messages to them. You represent and warrant that:

You have obtained and will maintain proof of prior express written consent from each Consumer before sending any SMS or push notification.
Your opt-in flow includes the disclosures required by the TCPA, CTIA, and carrier rules.
You will honor opt-outs promptly and will not transfer opted-out contacts to other programs.
You will comply with all applicable age-gating, advertising, and industry-specific rules.

You will indemnify Alive Labs for any claim arising from your non-compliance, including TCPA class actions and regulatory enforcement actions. See Section 11.

7. Your Data and Our Data

7.1 Merchant Data

"Merchant Data" means the business information, campaign content, pass templates, Consumer lists, Consumer data, opt-in records, and other information you provide or that is generated in your account. You retain ownership of Merchant Data.

You grant Alive Labs a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Merchant Data as needed to provide, secure, and improve the Service.

7.2 AI Features

When you use the AI Features, the Service generates content from your prompts and configuration. You own the pass designs, campaign content, and advisor outputs generated for you, subject to these Terms. AI output may be similar to output generated for other Merchants; we do not guarantee uniqueness. You are responsible for reviewing AI-generated output before sending it to Consumers.

We do not send Merchant campaign content or Consumer data to AI model providers for training general-purpose models.

7.3 Aggregated and De-Identified Data

We may use aggregated and de-identified data derived from the Service to operate, improve, and develop the Service, and for other lawful business purposes.

7.4 Feedback

If you provide ideas, suggestions, or feedback, you grant Alive Labs a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and commercialize the Feedback without obligation to you.

8. The Service and Our IP

The Service, the Auric brand and logo, and all related software, AI Features, designs, graphics, copy, and documentation are owned by Alive Labs and protected by intellectual property laws. Except for the limited rights expressly granted, no rights are granted to you. The Auric name, logo, and slogans are trademarks of Alive Labs. You may not use them without our prior written consent.

9. Third-Party Services and Platform Requirements

By using the Service, you acknowledge and agree that:

Apple Wallet passes are subject to Apple's platform rules and privacy policy. Apple may change those rules at any time.
Google Wallet passes are subject to Google's platform rules and privacy policy.
SMS delivery depends on telecommunications aggregators and mobile carriers, which apply their own Acceptable Use rules including 10DLC registration requirements.
Payment processing is handled by our processor; their terms govern payment transactions.
AI Features are powered by third-party model providers; their terms may apply to portions of the output.

Alive Labs is not responsible for third-party services or for acts, omissions, or changes by third-party providers.

10. Warranties and Disclaimers

10.1 Mutual Representations

Each party represents that it has the authority to enter these Terms and will comply with applicable law in performing them.

10.2 Service Warranty

During an active paid subscription, we will use commercially reasonable efforts to make the Service available and to address material defects you report.

10.3 Disclaimers

Except as expressly stated, the Service and all AI Features are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, Alive Labs disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

We do not warrant that: the Service will be uninterrupted or error-free; messages will be delivered to any specific Consumer or at any specific time; AI Features will produce accurate, compliant, or commercially successful output; or campaigns will produce any specific business outcome.

AI output requires your review. AI Features may produce output that is inaccurate, incomplete, non-compliant, or inappropriate for your audience. You are responsible for reviewing every AI-generated pass, message, and recommendation before using it.

11. Indemnification

11.1 By You

You will defend, indemnify, and hold harmless Alive Labs and its officers, directors, employees, agents, affiliates, and licensors from any claims, damages, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms, the SMS Terms, the Acceptable Use Policy, or the Privacy Policy; (b) your violation of applicable law (including the TCPA, CAN-SPAM, CASL, state consumer-protection laws, carrier rules, and Apple/Google platform rules); (c) your infringement of any third party's rights; (d) Merchant Data, campaign content, pass content, and offers you send through the Service; (e) your collection, use, or disclosure of Consumer data; or (f) your use of AI-generated output.

The obligations in this section are material and survive termination.

11.2 By Us

We will defend you from, and pay amounts finally awarded against you for, any third-party claim that your authorized use of the Service directly infringes a United States patent, copyright, or trademark. Our obligation does not apply to claims arising from modifications you make, combinations with third-party materials, Merchant Data, Consumer data, campaign content, AI-generated output you have approved, or use after we notify you to stop.

11.3 Conditions

The indemnified party must promptly notify the indemnifying party, give sole control of defense and settlement (provided no settlement imposes liability on the indemnified party without consent), and cooperate reasonably.

12. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, even if advised of the possibility.

Each party's total aggregate liability arising out of or related to these Terms or the Service will not exceed the total fees you paid to Alive Labs for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars (US$100.00) if you have not paid Alive Labs any fees.

The limitations do not apply to: (a) your payment obligations; (b) your indemnification obligations in Section 11.1; (c) your violation of Section 5 (Acceptable Use), Section 6 (Consumer Opt-In), or Section 8 (IP); or (d) liability that cannot be limited under applicable law.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

13.2 Venue

Subject to the arbitration clause below, disputes not subject to arbitration will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to jurisdiction and venue there.

13.3 Mandatory Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

You and Alive Labs agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration rather than in court. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules, in Dallas, Texas, or by video/phone at the claimant's option.

You and Alive Labs each waive the right to a jury trial and the right to bring or participate in any class, collective, or representative action. If the Class Action Waiver is found unenforceable, the entire arbitration clause (except for the Jury Waiver) is null and void as to the affected claim, which will proceed in court.

Exceptions. Either party may (a) bring an individual claim in small-claims court; (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information; or (c) assert a claim that cannot be arbitrated under applicable law.

Opt-out. You may opt out of arbitration by emailing legal@auricmobile.app within 30 days of first accepting these Terms, with subject "Arbitration Opt-Out."

13.4 Time Limit

Any claim must be filed within one (1) year after the cause of action accrues, except where prohibited by law.

14. General

14.1 Changes

We may update these Terms from time to time. Material changes will be communicated at least 30 days before taking effect (except for changes required by law, carriers, or platform providers, which may take effect immediately). Continued use after changes take effect means you accept the updated Terms.

14.2 Entire Agreement

These Terms, together with the Privacy Policy, SMS Terms, Acceptable Use Policy, and any Order Form, constitute the entire agreement between you and Alive Labs regarding the Service.

14.3 Assignment

You may not assign these Terms without our prior written consent. Alive Labs may assign these Terms without restriction.

14.4 Notices

We may provide notices by email to the address associated with your account, in-product, or on our site. You must send legal notices to legal@auricmobile.app.

14.5 Severability; No Waiver

If a provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver.

14.6 Force Majeure

Neither party is liable for failure or delay caused by circumstances beyond reasonable control, including carrier outages, platform changes, and third-party provider failures.

14.7 Independent Parties

Nothing creates a partnership, joint venture, agency, or employment relationship.

14.8 Export; Government Users

You will not use or export the Service in violation of U.S. export laws. The Service is a "commercial item" under 48 C.F.R. § 2.101; U.S. Government users acquire it with only the rights set out in these Terms.

15. Contact

Auric (a product of Alive Labs)
Dallas–Fort Worth, Texas, United States

These Terms of Service are provided for informational purposes and do not constitute legal advice.