Magic Bookmark Magic Bookmark

Terms of Service

Effective Date: September 9, 2026

Welcome to Magic Bookmark. Magic Bookmark is a reading companion for books to which you already have legal access. You tell us which book you are reading and where you are in it, and Magic Bookmark generates a recap of the story and a guide to the characters up to that point, with features designed to reduce (but not eliminate) spoilers. It is meant to complement, not replace, the book.

The plain-English summaries in this Agreement are included only for convenience. They help explain the legal terms, but they do not modify this Agreement and are not legally binding. If a plain-English summary conflicts with the legal terms it summarizes, the legal terms control.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP.

By accepting these Terms of Service (“Agreement”), or by downloading, installing, accessing, or using the Magic Bookmark mobile application or any website or other version of the service we make available (together, the “App” or the “Service”), you enter into a legal agreement with Yomu Inc. (“Magic Bookmark,” “we,” “us,” or “our”) and agree to be bound by this Agreement. If you do not agree to this Agreement, do not download, install, access, or use the App.

  1. Electronic Communications. You agree to receive communications from us electronically, including by email, in-app message, push notification, or notices posted through the Service or on our website, to the extent permitted by applicable law. You agree that these electronic communications satisfy any legal requirement that they be in writing and, to the fullest extent permitted by applicable law, you waive any right to require an original, non-electronic signature or the delivery or retention of non-electronic records. You are responsible for keeping your email address and, where applicable, your contact and device notification settings current and for regularly checking for communications from us.

  2. Ability to Accept. The App is not directed to children under thirteen (13) and is intended only for individuals who are at least thirteen (13) years old, or such older age as may be required for certain content, features, or functionality made available through the App, or by the applicable app store, platform, or law. By downloading, installing, accessing, or using the App, you represent and warrant that you satisfy all applicable minimum age requirements for the App and for any content, feature, or functionality you access or use. If you do not meet the applicable minimum age requirement, you may not download, install, access, or use the App or the relevant content, feature, or functionality. Furthermore, if you are under the age of majority in your jurisdiction, you may use the App only with the consent and supervision of a parent or legal guardian who has reviewed and agreed to this Agreement on your behalf. If you are a parent or legal guardian permitting a minor to use the App, you are responsible for the minor’s use of the App.

    In plain English: The App is not for kids under 13. You must be at least 13 to use the App, and you may need to be older to use certain books, features, or chat tools if they have a higher age limit. If you are under the legal adult age where you live, you can use the App only with permission and supervision from a parent or guardian.

  3. What Magic Bookmark Is (and Is Not). Magic Bookmark is a companion to books you own or otherwise lawfully access. You tell the App which book you are reading and your current position in it, either by photographing a page for text matching or by entering your position manually. Based on that position, the App generates: (i) a recap of the story so far; (ii) a guide to the characters; and (iii) where available, additional companion features we may introduce, such as conversational features (see Section 14). All companion content is generated based on and limited to your current reading position.

    Supported Books. The companion features are available only for books that we support (“Supported Books”). We determine which books are Supported Books, and the catalog changes over time: we may add or remove books at any time, and no particular book is guaranteed to be or become supported, or to remain supported. If a book is not a Supported Book, you cannot activate the companion for it, and photographing its pages will not produce a companion. If a book you have already activated later ceases to be a Supported Book, we will continue to provide your existing companion content where reasonably practicable, but we may withdraw it where required by law, by our agreements, or in response to a rights holder (see Section 16). If we withdraw access to an activated book for reasons other than your breach of this Agreement, we will provide a credit for the Bookmarks used to activate that book or another comparable remedy, except to the extent a different remedy is required by applicable law or the policies of the applicable purchase channel; provided, however, that the Bookmark was activated within the twelve (12) months prior to our withdrawal of access and that you used the Bookmark to read, review, or otherwise process less than 75 (seventy-five) percent of the length of the book.

    Magic Bookmark does not contain, sell, distribute, or provide access to books or book text. The App will not show you the text of a book, will not read a book to you, and is not designed to serve as a substitute for reading the book itself. To use the companion features for a book, you must have lawful access to a legally obtained copy of that book (see Section 4).

    In plain English: Magic Bookmark works alongside a book you own or otherwise lawfully access. It will never give you the book itself: no text, no substitute, no shortcut. If you do not have the book, the App is not useful to you, and that is by design. One more thing: the companion only works for books in our supported catalog, which grows and changes over time, so not every book will work, and we cannot promise a specific one always will.

  4. Your Books: Ownership Declaration. You represent and warrant, each time you activate the companion for a book, that: (i) you own or otherwise have lawful access to a legally obtained copy of that book, whether through purchase, borrowing, subscription access, or another lawful means; (ii) your use of the App in connection with that book complies with applicable law and does not violate any rights of any third party; and (iii) you have all rights necessary to submit information about your reading position, including any page photographs, for processing through the App. This representation is a condition of your license to use the App for that book. If you do not have lawful access to a legally obtained book, or if your access to that book ends, you may not use the companion features for it.

    In plain English: You promise us, for every book, that you lawfully have the book or lawful access to it. This is not fine print. It is the deal.

    If you love the story, go get more of it from the person who wrote it: their backlist, their next release. Authors are why any of this exists.

  5. App License. Subject to your compliance with this Agreement, we grant you, during the Term, a personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, royalty-free license (“License”) to: (i) download, install, and use the App on a device that you own or control (a “Device”); and (ii) access and use the Service through your Account (defined below) solely in accordance with this Agreement, any applicable Usage Rules of the platform through which you obtained the App, and any usage limits published under Section 12.

    In plain English: We give you a personal, limited right to use the App and Service for yourself. You may not transfer, sell or otherwise share that right with anyone else.

  6. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, transfer, or rent the App or any content generated by it; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App or any part of it; (iv) copy, modify, or create derivative works of the App or any part thereof; (v) circumvent, disable, or otherwise interfere with security-related features of the App or features that enforce limitations on use of the App, including usage limits under Section 12; (vi) attempt to use the App, including through automated, scripted, or repeated requests, to extract, reconstruct, compile, or approximate the text or substantial content of any book or any substantial portion thereof; the App is designed to prevent such conduct, and any such attempt constitutes a breach of this Agreement regardless of whether it is successful; (vii) remove, alter, or obscure any proprietary notice contained in or displayed on or via the App; (viii) use our Trademarks (as defined in Section 17 below) without our prior written consent; (ix) use the App for any commercial purpose or any purpose other than as expressly authorized under this Agreement; or (x) use the App to violate any applicable law, rule, or regulation, or in any manner that breaches this Agreement.

    In plain English: Do not resell, misuse, or try to break, copy, or bypass the App. Also, do not try to use the App to extract, rebuild, or piece together the text of a book: the App is designed to prevent that, and even attempting to do so is a breach of this Agreement, whether or not the attempt works. That last part matters to us a lot.

  7. Accounts. You may browse parts of the App without an account. To activate the companion for a book, purchase Bookmarks, or hold a balance, you must create an account (“Account”) using your email address and a one-time login code. You are responsible for providing accurate information, for maintaining access to your email address, and for all activity that occurs in your Account. You must notify us immediately of any unauthorized use of your Account.

    Your Account is the home of everything you have with us: your Bookmark balance, your reading positions, your generated companions, and any subscription entitlement. These are tied to your Account, not to any particular Device or platform (see Section 11).

    You may delete your Account at any time from within the App. Upon deletion, we may permanently delete the information and data associated with your Account to the maximum extent permitted or required by applicable law. Subject to the terms of this Agreement, applicable law and any applicable purchase or billing terms, deleting your account may make any remaining Bookmark balance, Subscription benefits, generated content, and other entitlements unavailable or inaccessible, and we are not obligated to restore them after deletion. We may suspend or terminate your Account as described in Sections 18 and 27.

    In plain English: You can look around without signing up, but you need an account (just your email, no password) to actually use the companion. Your stuff lives on your account, not your phone. If you delete your account, we may delete your data, and your remaining Bookmarks or other entitlements may become unavailable, subject to these terms, applicable law, and any applicable purchase or billing terms.

  8. Bookmarks. “Bookmarks” are consumable digital credits used to activate the companion features for Supported Books on your Account. Bookmarks can only be used to activate Supported Books (see Section 3), and holding a Bookmark does not entitle you to have any particular book supported. Most books require one Bookmark to activate; some books may require a different number of Bookmarks, and we may change the number of Bookmarks required for a book from time to time. The number required is always shown before you activate a book, and any such change does not affect books you have already activated. Bookmarks are the unit of the Service:

    1. Promotional Bookmarks. We may grant Bookmarks free of charge as part of promotions or offers (for example, a Bookmark for new Accounts). Once granted, promotional Bookmarks are treated as Bookmarks under this Section. Whether any promotion is offered, and on what terms, is at our discretion, and we may change or end promotions at any time.
    2. Bookmarks do not expire for inactivity. While your Account remains active and in good standing, an unused Bookmark on your Account remains available until you use it. We will not expire your Bookmarks, void them solely for inactivity or the passage of time, or impose time limits on when you may use them. The effect of account deletion, Account suspension, or termination on remaining Bookmarks and other entitlements is governed by Sections 7, 9, 18, and 27 and applicable law. A Bookmark opens the companion for a book, but any chats, recaps, guides, regenerations, or other generated content it unlocks remain subject to then-current usage limits, availability of the Service, and these Terms.
    3. Bookmarks are tied to your Account. Your balance is restored when you sign in, and survives reinstalling the App or moving to a new Device or, where available, another platform (see Section 11).
    4. What activation grants. Activating a Supported Book grants access to the companion features for that book, subject to Section 3 (Supported Books) and to the usage limits and reasonable use terms in Section 12. Activation is not a right to an unlimited quantity of generated content.
    5. Bookmarks are not money. Bookmarks have no cash value, are not transferable between Accounts, may not be resold, and, except as required by applicable law, or as otherwise provided by the refund or cancellation rules described in Section 10, the withdrawn-book remedy described in Section 3, or the termination remedy described in Section 27, are not redeemable or refundable.

    In plain English: Bookmarks unlock the companion features for books in our supported catalog, usually one per book, though some books may cost more or fewer Bookmarks, and you always see the price before you activate a book. A Bookmark is not a ticket to demand that we support a specific book. Sometimes we hand out free ones as a promotion. Bookmarks never expire because of non-use, and they follow your account across devices. “Never expires” means we will not take an unused Bookmark away from you. It does not mean an activated book generates unlimited content forever: normal usage limits apply.

  9. Subscriptions. Magic Bookmark may offer optional auto-renewing subscription plans (“Subscriptions”) in one or more tiers, with different pricing, billing periods, and benefits as presented at the point of purchase. We may introduce new tiers and modify or discontinue existing tiers from time to time. The following terms apply to any Subscription:

    1. What a Subscription includes. Each Subscription tier includes the benefits described at the point of purchase, which may include a recurring allocation of Bookmarks, access to particular features, or feature allowances (for example, chat or recap allowances). A Subscription benefit described as including a feature does not mean unlimited use of that feature; tier-specific limits may apply as described in Section 12.
    2. Billing and renewal. By purchasing a Subscription, you authorize the applicable purchase channel to charge you the applicable subscription fees, taxes, and any other disclosed amounts on a recurring basis until you cancel. Subscriptions automatically renew for successive periods equal to the initial subscription period unless you cancel before the end of the then-current period. You will be charged the then-current price for your tier at each renewal. If the price of your tier changes, we will give you advance notice and an opportunity to cancel before the new price takes effect, in accordance with applicable law and the policies of the channel through which you purchased (see Section 10).
    3. Cancellation. You may cancel your Subscription at any time. Cancellation takes effect at the end of the then-current billing period, and you retain Subscription benefits until then. How you cancel depends on where you purchased the Subscription: Subscriptions purchased through Apple or another platform are managed and cancelled through that platform; Subscriptions purchased directly from us are managed and cancelled through your Account or another simple method we make available at the time of purchase, including by contacting us at support@yomu.com.
    4. Subscriptions and Bookmarks together. A Subscription and consumable Bookmarks may coexist on the same Account. Bookmarks granted as a Subscription benefit are added to your Account balance and, once granted, are treated as Bookmarks under Section 8, except to the extent expressly stated otherwise at the point of offer or required by applicable law. Cancelling a Subscription stops future benefits from accruing but does not remove Bookmarks already in your balance. Where an action could be covered either by a Subscription allowance or by a consumable Bookmark, we will apply the Subscription allowance first unless we specify otherwise at the point of use.

    In plain English: Subscriptions come in tiers, renew automatically until you cancel, and you keep your Subscription benefits through the end of the current billing period if you cancel. What you pay, how often you are billed, and how to cancel are shown when you subscribe. Any Bookmarks a Subscription gives you are added to your Account and are generally treated the same as other Bookmarks, unless we clearly say otherwise when the Subscription is offered.

  10. Purchases, Billing, and Refunds. Bookmarks and Subscriptions may be purchased through the channels we make available from time to time. Depending on where you make a purchase, your purchase is processed either by a platform provider (such as Apple, through Apple’s in-app purchase system) or by us or our third-party payment processor (such as purchases through our website).

    1. Platform purchases. Purchases made through a platform provider’s in-app purchase system, including Apple’s, are subject to that provider’s terms and payment policies. Billing, refunds, and cancellations for platform purchases are handled by the platform provider under its policies (for Apple purchases, by Apple under Apple’s policies), and refund requests must be directed to that provider. We do not control platform providers’ refund decisions.
    2. Direct purchases. Purchases made directly from us are processed by us or our third-party payment processor. For direct purchases, we will present the material terms of the purchase, including the price, billing interval if applicable, and cancellation method if applicable, at or before checkout. Billing, refunds, and cancellations for those purchases are handled under our published policies in effect at the time of purchase and under applicable law.
    3. Consumables. Except where required by applicable law or by the policies of the applicable purchase channel, purchases of consumable Bookmarks are final once the applicable Bookmarks are credited to your Account.
    4. Taxes. Unless otherwise required by applicable law, prices exclude applicable taxes, which you are responsible for paying unless they are collected by the applicable purchase channel.
    5. Internet and data usage. Your use of the App requires an internet connection. You are solely responsible for any Internet, carrier or data charges.

    In plain English: The place where you make a purchase determines whose billing, cancellation, and refund rules apply. If you buy through Apple or another platform, that platform’s rules apply. If you buy directly from us, we disclose the key billing and cancellation terms at checkout, and our published policies and applicable law apply.

  11. Your Entitlements Across Devices and Platforms. What you purchase is an entitlement tied to your Account, not a license tied to any particular Device or platform. Your Bookmark balance, activated companions, reading positions, and any Subscription entitlement are generally available wherever we make the Service available, provided that you are signed in to your Account.

    The Service may be available on the platforms, devices, and channels we support from time to time, including mobile apps and the web. We may add, change, or discontinue supported platforms, devices, channels or features at any time. Features and availability may vary by platform, device, channel, and region, and the availability of a feature on one platform does not guarantee availability on another. Nothing in this section obligates us to support any particular platform. If we discontinue support for a platform in a way that materially affects access to a paid Subscription, we will use reasonable efforts to provide advance notice unless earlier action is required for legal, security, or technical reasons.

    In plain English: Your Bookmarks and progress stay with your account and should be available when you switch devices, reinstall, or use another supported platform while signed in. Features may differ depending on where and how you access the Service, and platform availability may change over time. We will use reasonable efforts to provide advance notice of material changes unless we need to act earlier for legal, security, or technical reasons.

  12. Usage Limits and Reasonable Use. The Service generates content on demand, and may offer promotional benefits, which have real costs. To keep the Service sustainable and available for everyone, we may set, change, raise, lower, introduce, or remove limits on use of the Service from time to time, including without limitation:

    1. Chat limits: limits on the number of messages or turns in a chat session or conversation; limits per book, per Bookmark, or per time period (such as daily or monthly limits); and the ability to end, pause, or reset a conversation once a limit is reached. Chat, where offered, is not unlimited.
    2. Recap and guide limits: limits on the number of recaps, character guides, or regenerations you may request, whether per Bookmark, per book, per time period, or overall.
    3. Tier limits: where Subscriptions are offered, tier-specific limits and allowances.

    We will set limits at levels intended to accommodate ordinary personal reading. Any limits in effect will be described in the App or in our help documentation rather than fixed in this Agreement, and we may update them from time to time without amending this Agreement. Setting or changing a limit consistent with this Section is not a breach of this Agreement, is not a reduction of entitlements you already hold for the purposes of Section 29, and does not by itself entitle you to a refund, except as required by applicable law or the policies of your purchase channel. If we make a change to limits that materially and adversely affect access to a paid Subscription, we will use reasonable efforts to provide advance notice unless earlier action is required for legal, security, or technical reasons.

    We may also throttle, restrict, suspend, or terminate access where use of the Service: (i) is automated, scripted, or excessive relative to ordinary personal reading; (ii) violates applicable law, including intellectual property laws; (iii) appears designed to extract, reconstruct, or approximate book content; (iv) breaches this Agreement or violates our policies; or (v) otherwise abuses the Service or circumvents applicable limits, in each case as determined by us in our sole and absolute discretion.

    In plain English: We can set caps on chat and recaps, and change them over time, and we commit to setting them with a normal reader in mind. Current caps live in the app and help pages, not in this contract. A Bookmark opens the companion for a book within those caps; it is not an infinite content machine. If a major change materially affects a paid Subscription, we will generally try to give advance notice unless we need to act sooner for legal, security, or technical reasons. And if something is hammering our service like a robot or trying to squeeze a book’s text out of it, or evade those caps, we can shut that down.

  13. Machine-Generated Content. We use technology to generate recaps, character guides, and conversational features, including by using large language models. Machine-generated content is produced automatically and may be inaccurate, incomplete, inconsistent with the book, or otherwise imperfect. It may occasionally describe events, characters, or details incorrectly, and despite features intended to reduce spoilers based on your reading position, we cannot guarantee that generated content will always be free of spoilers or other unwanted content. Machine-generated content is provided for your personal enjoyment and convenience, is not a substitute for the book, and should not be relied upon as an accurate or complete account of the book. Where a book depicts real people or events, companion content reflects the book’s depiction of them on a best-effort basis; it is not an independent factual account, and it is not a statement by, or attributable to, any real person.

    We use third-party technology providers and other service providers to generate content and operate the Service. This means that inputs needed to provide the Service, which may include book-derived text, page photographs, your reading position, your messages, and related data, may be processed by those providers on our behalf solely to provide, maintain, secure, support, troubleshoot, and improve the Service and as otherwise described in our Privacy Policy. We may change providers from time to time, and our Privacy Policy describes this processing in more detail.

    In plain English: A computer writes the recaps and guides, and computers get things wrong. Expect occasional mistakes, and, rarely, a detail you had not reached yet. We also use outside tech and service companies to run the Service, so some inputs, including book-derived text, page photographs, your reading position, and messages, may pass through their systems on our behalf.

  14. Character Chat. The App may offer a conversational feature that lets you chat with machine-generated depictions of characters from a book you have activated (“Character Chat”). Where offered:

    1. It is machine-generated, not the author, and not the person. Character Chat is a machine’s impression of a character as depicted in the book, whether that character is fictional or a real person the book portrays. It is not the author’s voice, is not written or approved by the author or publisher, and is not an official representation of the characters, the book, or anyone associated with them. Where a character is, or is based on, a real person, living or dead, responses are a best-effort representation of how the book depicts that person: they are not statements by that person, they are not quotations from the book, and they must not be understood or presented as words the real person actually said or views the real person actually holds. Responses are invented by a machine in real time and may contradict the book.
    2. Acceptable use. You may not use Character Chat to generate content that is unlawful, that harasses or harms others, that attempts to produce sexual content involving minors, or that attempts to extract or reconstruct the text of the book. You may not present Character Chat output as the actual words, statements, or views of any real person, and you may not use Character Chat to harass, defame, or demean any real person depicted in a book. You may not attempt to circumvent safety measures or moderation.
    3. Moderation and reporting. We moderate Character Chat, including through automated systems, and we may review conversations for safety, abuse prevention, and service improvement as described in our Privacy Policy. You can report objectionable output from within the App, and we encourage you to do so.
    4. Enforcement. We may limit, suspend, or terminate access to Character Chat or to your Account for violations of this section.
    5. Limits. Character Chat is subject to the usage limits in Section 12.
    6. Availability. Character Chat and any other conversational features may be unavailable, limited, modified, suspended, or discontinued for any book, character, author, real person, or category of the foregoing at any time, including for legal, rights, safety, policy, technical, or business reasons. Nothing in the App or this Agreement entitles you to conversational access for any particular book, character, author, or real person.

    The characters here are not the characters. They are a machine’s impression, generated from a book an author wrote. The real characters live in the book, and they are better there.

    In plain English: In Character Chat, you are talking to software providing an interpretation, not to the character and definitely not to the author. If the character is a real person, you are getting the book’s version of them, not the person: nothing said in chat is something they actually said, and you may not pass it off as if it were. We may also turn chat off or limit it for certain books, characters, authors, or real people if we think that is necessary for legal, rights, safety, policy, technical, or similar reasons. Be decent, do not try to break it or use it to copy the book, and report to us anything that seems off using the designated feature in the chat. We do moderate.

  15. Page Photographs. To set your reading position, you may photograph a page of your book. We process the photograph to identify your position in the book, including through optical character recognition, and to provide, maintain, secure, support, troubleshoot, and improve the Service and for quality assurance. We and our service providers may retain page photographs only for the limited period reasonably necessary for those purposes and as described in our Privacy Policy, after which they will be deleted or de-identified in accordance with our retention practices. We do not use page photographs to provide book text to users or to enable reconstruction of a book’s text through the App.

    In plain English: Photograph a page and we use it to find where you are in the book. We and our service providers may keep the photo for a limited time to run, secure, support, troubleshoot, and improve the Service, and then delete or de-identify it under our retention practices.

  16. Respect for Copyright; Authors, Publishers, and Rights Holders. Books are the heart of what we do, and the people who write and publish them are the reason this App exists. We designed Magic Bookmark to respect their rights:

    1. The App does not provide, display, distribute, or sell book text, and is designed and intended to complement, and not to serve as a substitute for, the book.
    2. Recaps, character guides, and other companion content are original outputs generated by us. They are intended to briefly summarize, comment on, or help users engage with their reading experience, and are not provided for the purpose of reproducing or substituting for any book.
    3. Users must declare that they own or otherwise have lawful access to a legally obtained copy of each book they use with the App (Section 4), and we prohibit and act against attempts to use the App to extract or reconstruct book content (Sections 6 and 12).

    If you are an author, publisher, or rights holder and you have questions, concerns, or requests regarding your work and Magic Bookmark, including a request that a work not be supported by the Service, please contact us at rights@yomu.com. A person will read your message and respond.

    If you are a copyright owner and believe any content or functionality stored or made available at the direction of App users infringes your copyright, you may send us notice and we shall review and handle it according to our DMCA policy below. If you are a user and believe that any material of yours was taken down by mistake following such notice from a copyright owner, you may send us a counter-notification and we shall review and handle it according to the DMCA policy below.

    Authors and publishers: we built this to send readers back to your books, not around them. If you want to talk, we genuinely want to hear from you. Come talk to us.

    In plain English: We do not hand out book text, our recaps are our own writing and are not meant to replace the book, and every reader promises they lawfully have the book or lawful access to it. If you wrote, published, or control rights in a book and want to reach us, including to send a copyright complaint, contact us at rights@yomu.com. Rights holders may send us DMCA takedown notices, and users may send us counter-notifications, following our DMCA Policy. We may remove challenged material, and we shall terminate the accounts of repeat infringers in appropriate cases.

    16.4 Digital Millennium Copyright Act (DMCA) Policy. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of the United States, we will respond expeditiously to notices of alleged copyright infringement that are reported to our Designated Copyright Agent at rights@yomu.com.

    16.4.1 Notice of Copyright Infringement (Takedown Notice). If you are a copyright owner or authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the App, Service, or website by completing a DMCA Notice of Alleged Infringement and delivering it to our Designated Agent. To be effective, your DMCA Notice must include the following information:

    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
    • Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are covered).
    • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (such as the specific URL).
    • Your contact information, including your address, telephone number, and email address.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

    16.4.2 Counter-Notification. If you believe your material was removed or disabled by mistake or misidentification, you may file a Counter-Notification with our Designated Agent. To be effective, your Counter-Notification must include:

    • Your physical or electronic signature.
    • Identification of the material that has been removed or to which access has been disabled and the location where it appeared before removal.
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
    • Your name, address, telephone number, and email address.
    • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person who provided the original infringement notification.

    16.4.3 Repeat Infringer Policy. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users, subscribers, or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    16.4.4 Designated Copyright Agent Contact Information. Please send all DMCA Notices and Counter-Notifications to our Designated Agent:
    Copyright Agent c/o Legal Department
    Yomu Inc.
    221 River Street, 9th Floor,
    Hoboken, New Jersey, 07030, USA
    Phone: +1-502-414-7007
    Email Address: rights@yomu.com

  17. Intellectual Property Rights.

    1. Ownership. The App is licensed, not sold, to you. We and our licensors retain all right, title, and interest (including Intellectual Property Rights) in and to the App, the Service, and all original content we generate or make available through them, and all derivatives, improvements, and modifications thereof, subject to Sections 17.2 and 17.3. We reserve all rights not expressly granted herein. “Intellectual Property Rights” means any and all rights in and to copyrights, patents, trade secrets, trademarks, service marks, know-how, data, databases and data compilations, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic, whether registered or registrable, protected or protectible.
    2. Books remain the property of their respective owners. Nothing in this Agreement grants us or you any rights in any book or other third-party work. All rights in books rest with their respective authors, publishers, and rights holders.
    3. Generated content. As between you and us, any companion content generated for you through the App shall remain our sole and exclusive property, without prejudice to, and without diminution of, the rights of any book’s authors, publishers, and other rights holders in and to the underlying book, and we hereby grant to you a limited, personal, revocable, non-exclusive, royalty-free, non-commercial, non-transferable, and non-sublicensable license, during the Term and under our intellectual property rights, to view and use such generated content solely within the App for your own reading purposes. You shall not republish, sell, or distribute any generated content.
    4. Marks. We own and operate under several trademarks, service marks and trade names, including “Yomu”, “Yomu.com”, the Yomu logo, “Magic Bookmark” and the Magic Bookmark logo (“Trademarks”). All other trademarks appearing in or via the App belong to their respective owners.
    5. Your Submissions. You retain any rights you have in the content you submit to the Service, such as page photographs, reading positions, and messages you send in conversational features (“Your Submissions”). You grant us a worldwide, non-exclusive, royalty-free, irrevocable, assignable, and sublicensable license to host, store, reproduce, process, and transmit Your Submissions, including through the third-party service providers described in Section 13, solely as needed to operate, provide, secure, support, troubleshoot, and improve the Service and in accordance with our Privacy Policy. This license shall terminate only when Your Submissions are deleted from our systems, subject to the retention terms in Section 15 and the Privacy Policy.
    6. Feedback. If you give or send us any comments, suggestions, ideas, or other feedback relating to us, the Service or the App, we may use, disclose, reproduce, modify, license, transfer, and otherwise exploit such feedback as we see fit without restriction and without any obligation or liability to you. This does not give us any rights in Your Submissions beyond the license in Section 17.5.

    In plain English: The App and what it generates are ours; the books always belong to their authors, publishers, and other rights holders. You can use your recaps and guides inside the App for yourself, but not repost or sell them. What you submit (photos and messages) stays yours: you just let us process it, including through our third-party service providers, to run the Service. And if you send us comments or suggestions, we are free to use them without owing you anything for it.

  18. Acceptable Use; Suspension. You agree to use the Service only for personal, lawful purposes consistent with this Agreement. Without limiting Sections 6, 12, and 14, we may suspend or terminate your Account, with notice where appropriate, if your Account creates risk or legal exposure for us, violates this Agreement, infringes other people’s rights, or if we suspect misuse of the App, our content, or the Service. If you believe your Account has been suspended or terminated in error, contact us at support@yomu.com.

    In plain English: Use the App normally and lawfully and you will never hear from us. If an account is abusing the service or breaking these terms, we can suspend or close it, and you can appeal if we got it wrong.

  19. Third-Party Sources and Content. The App may enable access to services and content from third parties that we do not own or control, including the platform through which you obtained the App. We also use third-party service providers, including large language models and infrastructure providers, to help operate the Service on our behalf. We are not responsible for third-party services, content, terms, or policies that apply independently to your direct dealings with those third parties. Processing of your information by service providers on our behalf in connection with the Service is described in our Privacy Policy.

    In plain English: Some things connected to the App belong to other companies. Their own rules apply to your direct dealings with them. We also use outside service providers, including large language model providers, to help us run the Service, and our Privacy Policy explains how they process information on our behalf.

  20. Third-Party and Open-Source Software. Portions of the App may include third-party open-source software subject to third-party terms and conditions (“Third-Party Terms”). Information about third-party open-source software and related Third-Party Terms is available at https://yomu.com/wp-content/uploads/3rd-party-dependencies/licenses.html. If there is a conflict between any Third-Party Terms and this Agreement, the Third-Party Terms prevail solely in connection with the related open-source software. We make no warranty or indemnity with respect to any third-party open-source software.

    In plain English: The App includes some open-source components, which come with their own licenses.

  21. Privacy. Your use of the App is subject to our Privacy Policy, available through the App or on our website, which describes how we collect, use, retain, disclose, and otherwise process information in connection with the App, including information such as your account details, reading data, page photographs, messages, and related inputs processed by our service providers on our behalf, including third-party technology providers. The Privacy Policy will also describe, as applicable, how long we retain different categories of information or the criteria used to determine retention, the purposes for which page photographs and other information are used, and the categories of third parties with whom such information is shared in connection with the Service. To enhance author engagement with our Service, we may provide authors with general, deidentified information about the use of their books on our App.

    In plain English: How we handle your data is covered in our Privacy Policy: go read that one too.

  22. Service Availability and Changes. We may from time to time modify, add, or discontinue features of the Service, and we do not guarantee that the Service, any feature, or any particular book will be or remain available or supported (see Section 3). Where we discontinue the Service entirely or materially reduce what an unused Bookmark can access, we will provide reasonable advance notice where practicable. We may provide updates or upgrades to the App (“Revisions”) but are not obligated to do so; Revisions may install automatically and are governed by this Agreement unless accompanied by separate terms.

    In plain English: The App will change over time and we cannot promise every feature or book sticks around forever. If we ever wind the service down, we will use reasonable efforts to tell you ahead of time.

  23. Warranty Disclaimers. THE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MAGIC BOOKMARK DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT MACHINE-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, CONSISTENT WITH ANY BOOK, OR FREE OF CONTENT YOU MAY FIND OBJECTIONABLE, OR THAT SPOILER-BOUNDING WILL OPERATE WITHOUT ERROR. MAGIC BOOKMARK WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) ANY TECHNICAL PROBLEMS OF THE INTERNET; AND/OR (B) ANY ISSUE ATTRIBUTABLE TO YOUR HARDWARE, SOFTWARE, OR INTERNET OR DATA SERVICES.

    In plain English: We provide the App “as is.” Machine-generated content can be wrong, and once in a while the spoiler protection can miss. We are not promising perfection, and you should not rely on it.

  24. Limitation of Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC BOOKMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS, PROFITS, OR REPUTATION, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF, OR INABILITY TO USE, THE APP, EVEN IF MAGIC BOOKMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC BOOKMARK’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO MAGIC BOOKMARK FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE; OR (B) $100 (ONE HUNDRED USD). THIS LIMITATION DOES NOT EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

    In plain English: To the extent the law allows, we are not responsible for indirect or consequential losses from the App and for certain other losses. Our total liability to you is capped at the greater of what you paid us during the six months before your claim arose or $100. Some laws do not allow certain limits, so this section applies only to the extent permitted by law.

  25. Indemnity. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Magic Bookmark and our affiliates, and our respective officers, directors, employees and agents, from and against any third-party claims, and any related damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees), arising out of or relating to: (i) your breach of this Agreement, including any breach of your representations; (ii) your unlawful use of the App or misuse of the App, including attempts to extract or reconstruct book content; (iii) Your Submissions; or (iv) your violation of law and of any third-party right, including any copyright, property, privacy, or other right. Without limiting your obligations under this section, we reserve the right, at your expense, but are not obligated, to assume the exclusive defense and control of any matter subject to indemnification by you. You may not settle any matter related to us without our prior written consent.

    In plain English: If a third party brings a claim against us because you broke these terms, misused the App, submitted something you had no right to submit, or used the App with a book you did not lawfully have access to, you cover the resulting damages and our costs to the extent the law allows.

  26. Compliance with Laws. You agree to comply with all applicable laws and regulations in connection with your access to and use of the App, including applicable export control, economic sanctions, anti-bribery, anti-corruption, and anti-money laundering laws and regulations. Without limiting the foregoing, you shall not export, re-export, transfer, release, use, or otherwise make available the App or any related technical data, directly or indirectly, in violation of any such laws or regulations or for any prohibited purpose.

    In plain English: You must follow all applicable laws when using the App, including export-control, sanctions, anti-bribery, anti-corruption, and anti-money laundering laws.

  27. Term and Termination.

    1. The term of this Agreement (the “Term”) begins when you first accept this Agreement or first download, install, access, or use the App, whichever occurs first, and continues until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing, subject to Section 22 (notice on discontinuation) and any rights you have under applicable law or your purchase channel’s policies. If we terminate this Agreement or your Account other than for your breach of this Agreement (including where we discontinue the Service), we will use commercially reasonable efforts to refund or re-credit the unused purchased Bookmarks remaining on your Account, through your original purchase channel where its policies permit, or otherwise in a reasonable manner we determine. This commitment does not apply to promotional Bookmarks, and does not apply where termination results from your breach of this Agreement. If you object to any term of this Agreement or any modification thereto, or become dissatisfied with the App, your recourse is to discontinue use of the App and, if you wish, delete your Account.
    2. Upon termination, you shall cease all use of the App and Service. Sections 1, 2, 4, 6 through 10, 12 through 21, 23 through 26, and 30 through 32 shall survive termination of this Agreement. The provisions of this Section 27 governing the effects of termination shall also survive.

    In plain English: Either of us can end this. If we end it and you did nothing wrong, we will work to give you back the value of unused Bookmarks you paid for; free promotional ones are not covered. If you are unhappy with these terms, stop using the App and delete your account.

  28. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Magic Bookmark without restriction or notification. Any prohibited assignment shall be null and void.

    In plain English: We can assign this Agreement, without any restriction or notification to you. You cannot do the same.

  29. Modification. We reserve the right to modify or change this Agreement at any time (a “Change”). If we do this, Changes will be posted on this page. In certain circumstances, we may send you an email notifying you of a Change. We may also ask you to agree to Changes. Changes will be effective ten (10) days following such posting or notification, and your continued use of the App thereafter means that you accept those Changes. Material changes affecting purchased Bookmarks and credits will not apply retroactively to reduce Bookmarks and credits you already hold, except as required by law. We will indicate the effective date of Changes at the top of this Agreement. You should regularly check this page for notice of any Changes: we want our users to be as informed as possible.

    In plain English: These terms can change; we will notify you and give you ten days advance notice. Changes will not reach back and take away Bookmarks you already own.

  30. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the application of any conflict of laws rules. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A TRIAL BY JURY.

    1. Agreement to Arbitrate; Informal Dispute Resolution. To the fullest extent permitted by applicable law, you and Magic Bookmark agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the App, or the Service, including the breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this arbitration section, shall be resolved exclusively by final and binding arbitration, except as expressly provided below. Before commencing arbitration, the party seeking relief must send the other a written notice of dispute describing the nature of the claim and the relief sought. You must send your notice to support@yomu.com, and we will send ours to the email address associated with your Account. The parties will attempt in good faith to resolve the dispute informally for forty-five (45) days after the notice is received before either party may commence arbitration. This informal dispute process does not apply to claims that qualify for small claims court or to requests for temporary or preliminary injunctive relief, and any applicable limitations period will be tolled while the parties participate in this process.
    2. Small Claims Court Exception. Notwithstanding subsection (1), either you or Magic Bookmark may bring an individual claim in small claims court if the claim qualifies, remains on an individual basis, and is not removed or appealed to a court of general jurisdiction.
    3. Class Action and Collective Relief Waiver. To the fullest extent permitted by applicable law, you and Magic Bookmark agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, class member, or representative in any purported class, collective, coordinated, consolidated, mass, representative, or private attorney general action or proceeding (“Representative Action”). The arbitrator shall have no authority to hear or arbitrate any Representative Action, or to award relief except on an individual basis to the individual party seeking relief.
    4. Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules then in effect, as modified by this Agreement. If the AAA is unavailable or unwilling to administer the arbitration, the parties shall agree on another nationally recognized arbitration administrator, or, if they cannot agree, a court of competent jurisdiction shall appoint one. Unless the parties agree otherwise, arbitration may be conducted remotely, by submission of documents, by telephone, or by video conference, and any in-person hearing shall take place in the county or parish where you reside or at another location permitted by the applicable rules. Arbitration fees and costs shall be allocated in accordance with the applicable rules and applicable law. If twenty-five (25) or more claimants represented by the same or coordinated counsel assert similar claims against Magic Bookmark arising out of or relating to the same or substantially similar facts or legal issues, the claims shall, to the extent permitted by the applicable rules and administrator, be administered in coordinated batches of up to fifty (50) claimants at a time for case-management purposes only. Coordinated batch administration does not authorize any Representative Action, joint claim, or joint relief. Any applicable limitations period for claims held in abeyance under this subsection will be tolled from the time the claimant first provides the dispute notice described in subsection (1) until the claim may proceed.
    5. Arbitrator’s Authority. The arbitrator, and not any court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration section, including any claim that all or any part of this section is void or voidable, except that a court of competent jurisdiction shall decide any dispute regarding the enforceability or validity of subsection (3), any dispute regarding the availability or enforceability of coordinated batch administration under subsection (4), or any dispute regarding whether a claim may proceed in small claims court under subsection (2).
    6. Injunctive Relief. Nothing in this section prevents either party from seeking temporary, preliminary, or other equitable relief in a court of competent jurisdiction as necessary to protect that party’s rights pending completion of arbitration.
    7. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAGIC BOOKMARK WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING PERMITTED TO PROCEED IN COURT.
    8. Opt-Out Right. You may opt out of this arbitration section by sending written notice to support@yomu.com within thirty (30) days after you first accept this Agreement. Your notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of this arbitration section. If you opt out, this arbitration section will not apply to you, but the rest of this Agreement will continue to apply.
    9. Severability. If subsection (3) is found unenforceable or invalid as to any claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction and shall be severed from arbitration, and the remainder of this section shall remain in full force and effect to the fullest extent permitted by applicable law. If any portion of subsection (4)’s coordinated batch administration procedure is found unenforceable, that portion shall be severed and the remaining portions of this section shall be enforced to the fullest extent permitted by applicable law. If this arbitration section is otherwise found unenforceable, the dispute shall be resolved in the state or federal courts located in Delaware, subject to any mandatory rights you may have under applicable law.
    10. Survival. This section survives termination of this Agreement and your relationship with Magic Bookmark.

    In plain English: Delaware law governs these terms. If you have a dispute with us, you and Magic Bookmark generally agree to resolve it through individual arbitration instead of going to court. Before starting arbitration, each side must first send written notice and try in good faith to resolve the dispute informally. You and Magic Bookmark also agree not to bring claims as part of a class action or other group case, although similar claims may be handled in coordinated batches for case-management purposes only. Either of us may bring an eligible individual claim in small claims court, and either side may ask a court for temporary injunctive relief if needed while an arbitration is pending. You may also have the right to opt out of arbitration as described above.

  31. General. This Agreement, together with any other legal notices published by us in connection with the App, constitutes the entire agreement between you and Magic Bookmark concerning the App. In the event of a conflict between this Agreement and any such legal notice, the terms of the applicable notice shall prevail with respect to its subject matter. Except for modifications made by Magic Bookmark in accordance with Section 29, no amendment to this Agreement will be binding unless in writing and signed by Magic Bookmark. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, or, where applicable, by the arbitrator, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision shall not constitute a waiver of such right or provision. “Include” (and conjugates of the verb “to include”, such as “including”) in this Agreement means without limitation. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    In plain English: This document is the whole deal between us. If you have a claim against us in connection with the App, bring it up within one year.

  32. Apple App Store Terms. If you download the App from the Apple Inc. (“Apple”) App Store, then, without derogating from the warranty disclaimers and limitation of liability set forth in this Agreement:

    1. You acknowledge and agree that:
      1. this Agreement is concluded between Magic Bookmark and you only, and not with Apple, and Magic Bookmark and its licensors, and not Apple, are solely responsible for the App and its content;
      2. your use of the App is also subject to the Apple Media Services Terms and Conditions in effect as of the date you enter into this Agreement;
      3. the License granted herein is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts;
      4. Magic Bookmark is solely responsible for providing any maintenance and support services with respect to the App; Apple has no obligation whatsoever to furnish any maintenance and support services;
      5. Magic Bookmark is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid by you for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
      6. Magic Bookmark, and not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
      7. in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such claim;
      8. Apple, and its subsidiaries, are third-party beneficiaries 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 as a third-party beneficiary; and
      9. you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
    2. If you have any questions, complaints, or claims regarding the App, please contact Magic Bookmark through the support contact information made available in the App or on our website, including at support@yomu.com.
    3. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement, which is part of the Apple App Store Terms of Service (as amended from time to time).

    In plain English: Because you got the App from Apple’s App Store, Apple gets these standard protections, and Apple’s own store rules also apply to you.