Terms of Use — LibraMind

Last updated: May 28, 2026 Applies to: libramind.ai and the LibraMind platform

Welcome, and thank you for your interest in LibraMind, and our website www.libramind.ai owned and operated by Global Books LLC. (DBA LibraMind).

These Terms of Use constitute a legally binding agreement between you and LibraMind. Please read these Terms of Use, the terms and conditions posted through any LibraMind device or application, or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by LibraMind (collectively, the "LibraMind Services") carefully before using the LibraMind Services.

The LibraMind Services are intended for use by libraries, library consortia, educational institutions, government entities, and other organizations, and by authorized individuals acting on behalf of such organizations (each, an "Institutional User"). The Services may also be accessed by individual evaluators, researchers, or prospective customers for evaluation purposes ("Individual Users"). Together, Institutional Users and Individual Users are referred to as "you", "your", "User", or "Users". By accessing the Services, creating an account, subscribing to the platform, or otherwise using any LibraMind Service, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you should not access or use the LibraMind Services.

These Terms of Use, together with the policies and guidelines located throughout the LibraMind Services, identify what a User can expect from LibraMind, its parent, subsidiaries, and affiliates (together "LibraMind", "we", "us" or "our"), and/or persons who provide products or services to LibraMind customers ("LibraMind Providers"), and what LibraMind expects from Users.

Important: BY AGREEING TO THESE TERMS, YOU AGREE TO THE DISPUTE-RESOLUTION TERMS IN SECTION 16, INCLUDING MANDATORY INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER. SEPARATE TERMS MAY APPLY TO INSTITUTIONAL USERS UNDER A WRITTEN ORDER FORM OR PROCUREMENT AGREEMENT (SEE SECTION 19.3).

1. Licenses and Restrictions

1.1 Licenses

Subject to your compliance with these Terms and, where applicable, the order form, master subscription agreement, or other written agreement between you and LibraMind (a "Written Agreement"), LibraMind grants you a limited, nonexclusive, non-transferable, revocable license to access and use the LibraMind Services and Content (as defined in Section 3) as follows:

Institutional Users may access and use the Services for their internal institutional operations, including library acquisitions, cataloging, collection development, and related professional workflows, in accordance with the scope, seat counts, and usage limits set forth in the applicable Written Agreement.
Individual Users without a Written Agreement may access and use the Services solely for evaluation, demonstration, or other non-production purposes, and may not rely on outputs of the Services for institutional acquisition, cataloging, or procurement decisions.

LibraMind further grants Users a limited, nonexclusive and revocable right to create a hyperlink to the LibraMind website so long as the link does not portray LibraMind, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner.

1.2 Restrictions

The licenses in Section 1.1 do not include any rights to:

(a) modify, download (other than page caching), reproduce, copy, or resell the LibraMind Services, the Content or any portion or derivative thereof, except as expressly permitted under a Written Agreement;
(b) use the LibraMind Services, the Content, or any portion or derivative thereof beyond the scope authorized in your Written Agreement, or for the benefit of any third party not authorized under such agreement;
(c) copy or download any User's account or profile information for the benefit of any third party;
(d) enable high volume, automated, electronic processes that apply to the LibraMind Services or its systems, the Content or any portion or derivative thereof;
(e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the LibraMind Services or its systems, the Content or any portion or derivative thereof for any purpose;
(f) interfere or attempt to interfere with the proper working of the LibraMind Services;
(g) bypass any measures used by LibraMind to prevent or restrict access to any portion of the LibraMind Services, the Content or any portion or derivative thereof;
(h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LibraMind;
(i) use LibraMind's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
(j) compile, repackage, disseminate or otherwise use data extracted from the LibraMind Services, except as expressly permitted under a Written Agreement.

The foregoing are expressly prohibited and the right to do any of the foregoing shall require LibraMind's express written consent (which may include a Written Agreement signed by an authorized representative of LibraMind). Any unauthorized use of the LibraMind Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by LibraMind.

2. Trademarks

LibraMind, or its parent, subsidiaries, or affiliates, or third parties from whom LibraMind has permission, own the trademarks or service marks that are used on the LibraMind Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of LibraMind and its licensors may not be used without prior written consent of LibraMind or its licensor, as the case may be. Without limiting the foregoing, no LibraMind trademark or trade dress may be used in connection with any product or service that is not LibraMind's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits LibraMind.

3. Content

3.1 Proprietary Rights

User acknowledges that the LibraMind Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and LibraMind owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the LibraMind Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part, except as expressly permitted under a Written Agreement or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107). Use of any software Content shall also be governed by any software license agreement accompanying such software.

3.2 Third-Party Content

LibraMind is a distributor and not a publisher of Content supplied by third parties and Users. LibraMind has no editorial control over such Content. LibraMind is not obligated to review Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties are those of the respective authors or distributors and not of LibraMind or any LibraMind Provider, unless expressly stated otherwise. Neither LibraMind nor any LibraMind Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. Under no circumstance shall either LibraMind or any LibraMind Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through LibraMind Services. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the LibraMind Services.

3.3 Bibliographic Data and Book Images

Book cover images, bibliographic data, and descriptions displayed on LibraMind may be provided by third-party distributors such as Ingram Content Group and other publisher data partners. LibraMind uses such materials under license and does not claim ownership. These images and descriptions are protected by copyright and intellectual property laws, and may not be reproduced, copied, or otherwise used without the prior written consent of the respective rights holders.

4. Subscriptions and Fees

4.1 Subscription Fees

Access to the LibraMind platform is provided on a subscription basis, subject to the pricing, term, and feature set agreed upon in your order form, Written Agreement, or as posted on the LibraMind Services. Fees may differ between editions, regions, library types, and contract terms. On rare occasions, a price may be displayed incorrectly on the LibraMind Services. If the price for a subscription or feature on the LibraMind Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of LibraMind, LibraMind may either (a) contact the User for instructions before activating the subscription or charging the User; (b) cancel the order and notify the User of such cancellation; or (c) honor the incorrect price to the benefit of the User.

4.2 Billing

Unless otherwise agreed in a Written Agreement, subscription fees are billed in advance for the term of the subscription and are non-refundable, except (i) where required by applicable law; (ii) where expressly stated in your order form or Written Agreement; or (iii) where required by applicable public procurement, government contracting, or institutional purchasing rules to which you are subject. Renewals will be at then-current pricing unless otherwise agreed in writing.

4.3 Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or within the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information within the Services is inaccurate, at any time and without prior notice (including after you have submitted your order).

5. Service Availability

LibraMind will use commercially reasonable efforts to make the LibraMind Services available 24 hours a day, 7 days a week, subject to scheduled maintenance, emergency maintenance, and circumstances beyond our reasonable control. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Service-level commitments, if any, are set forth in your Written Agreement with LibraMind.

6. Service Description

6.1 General

The features and services offered through the LibraMind Services contain descriptions that are provided by LibraMind, its publisher data partners, or third-party distributors. LibraMind does not represent or warrant that all such descriptions are complete, current, or error-free. IF A USER SUBSCRIBES TO A LIBRAMIND SERVICE THAT IS MATERIALLY NOT AS DESCRIBED ON THE LIBRAMIND SERVICES, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO CANCEL THE SUBSCRIPTION AND REQUEST A PRO-RATA REFUND OF FEES PAID FOR THE UNUSED PORTION OF THE THEN-CURRENT TERM, SUBJECT TO ANY ADDITIONAL TERMS IN A WRITTEN AGREEMENT.

6.2 Orders and Confirmations

When you place an order or sign up for the LibraMind Services, you are making an offer to subscribe. We reserve the right to accept, modify, or decline any order at our discretion. Your subscription is not considered active until we provide explicit confirmation. In the event of cancellation or modification, we will make reasonable efforts to notify you using the contact information you provided.

6.3 AI-Assisted Outputs and Human Review

LibraMind provides AI-assisted recommendations, analysis, metadata suggestions, and acquisition-support outputs for informational and decision-support purposes only. Final acquisition, cataloging, purchasing, collection-development, and related institutional decisions remain the responsibility of the library, institution, or authorized user. LibraMind does not replace professional librarian judgment, cataloging review, institutional collection-development policies, or procurement procedures. Reliance on AI-assisted outputs is subject to the disclaimers and limitations set forth in Section 13.

6.4 Bibliographic Metadata, MARC Drafts, and Edition Matching

Metadata, MARC drafts, bibliographic suggestions, edition matching, duplicate-detection results, authority suggestions, and similar outputs generated or displayed through the LibraMind Services should be reviewed and validated by qualified personnel prior to use. LibraMind does not warrant that such outputs are complete, authoritative, error-free, or suitable for direct cataloging, acquisition, or institutional use without professional review. Libraries and institutions are responsible for verifying all bibliographic, cataloging, acquisition, and ordering information before relying on it.

6.5 Customer Data and Model Training

"Customer Data" means data, content, materials, records, queries, and other information that you or your authorized users submit to or generate through the LibraMind Services, including without limitation account-administration data, configuration data, collection and holdings records, acquisition lists and decisions, bibliographic and cataloging records, and aggregated or anonymized circulation, usage, or demand statistics. The LibraMind Services are designed for use by librarians and other authorized institutional personnel, and you agree not to submit to the Services any directly identifiable personal information of library patrons, end-readers, or other individuals served by your institution. Where you choose to send circulation, demand, or holdings statistics to the Services as input for collection analysis or recommendations, you are responsible for ensuring that such statistics are aggregated or anonymized prior to submission and do not, alone or in combination with other data, identify an individual. As between you and LibraMind, you retain all rights, title, and interest in and to your Customer Data.

LibraMind will not use identifiable Customer Data to train, fine-tune, or otherwise improve general-purpose machine-learning or AI models that are made available to other customers or third parties, except where you have given prior written consent or, if and when such functionality is made available, where you have expressly opted in through a configurable setting in the Services. LibraMind may use aggregated, de-identified, and statistically anonymized signals derived from operational use of the Services (for example, error rates, latency metrics, feature-usage counts) for the purposes of operating, securing, debugging, and improving the Services. Additional or more restrictive terms set forth in a Written Agreement or Data Processing Agreement will control over this Section to the extent of any conflict.

7. Eligibility and Authorized Users

The LibraMind Services are intended for use by organizations and by adult professionals acting on their behalf. You represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the authority to enter into these Terms on your own behalf and, if applicable, on behalf of the institution you represent.

LibraMind does not knowingly collect personal information from individuals under 16 through the Services. If we become aware that we have collected personal information from a person under 16 without appropriate authorization, we will take reasonable steps to delete such information promptly. Where the Services are made available in school or educational settings to learners under 18, access is permitted only under the supervision and direction of an authorized educator or institution, and only to the extent permitted by applicable law and the institution's policies.

8. Termination

8.1 Termination Rights

LibraMind may suspend or terminate any User's access to all or any part of the LibraMind Services as follows:

For material breach of these Terms, applicable law, or a Written Agreement, or where LibraMind reasonably believes continued access would expose LibraMind, a LibraMind Provider, or another User to significant financial, legal, security, or reputational risk, LibraMind may suspend or terminate access immediately and without prior notice.
Outside the circumstances described above, where an Institutional User has a current Written Agreement, LibraMind will provide at least thirty (30) days' prior written notice before suspending or terminating access for convenience, and the User will have a reasonable opportunity to retrieve its Customer Data in accordance with Section 19.4 and any applicable Written Agreement.
For Individual Users without a Written Agreement, LibraMind may suspend or terminate access at any time, with or without notice, at LibraMind's reasonable discretion.

8.2 Restricted Users

In certain cases, in LibraMind's reasonable discretion, LibraMind may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his, her, or its right to use or access any part of the LibraMind Services has been terminated, including the right to use, access or create any account thereon; (ii) that LibraMind refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

9. Indemnity

User agrees to indemnify, defend and hold LibraMind (and its affiliates, employees, contractors, agents, suppliers and partners) and each LibraMind Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User's use of the LibraMind Services, (ii) any alleged breach or violation of the Terms of Use, or (iii) such User's violation of any law or the rights of a third party. LibraMind reserves the right, at User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify LibraMind, and User agrees to cooperate with LibraMind's defense of such matter. This defense and indemnification obligation is intended to fully extend as permitted by law and will survive the Terms of Use and your use of the LibraMind Services.

10. Password and Account Security

10.1 Account Credentials

Every User with an account for the LibraMind Services is responsible for (i) keeping account credentials confidential and secured; (ii) avoiding unauthorized access to such User's computer or other devices; and (iii) keeping the contact information associated with that account current. Institutional Users are responsible for the credentials assigned to their authorized users and for promptly deactivating credentials when those users are no longer authorized.

10.2 Account Security

User accepts responsibility for all activities that occur within such User's LibraMind account, whether or not authorized by the User, unless and until the User has notified LibraMind of suspected unauthorized use and LibraMind has had a reasonable opportunity to respond.

11. Acceptable Use and User Submissions

11.1 Acceptable Use

You agree to use the LibraMind Services only for lawful purposes and in a manner consistent with these Terms. The following uses are strictly prohibited:

Violating any applicable laws or regulations, or any rights of third parties;
Infringing intellectual property, privacy, publicity, or other proprietary rights;
Uploading, distributing, or transmitting viruses, malware, or other malicious code;
Sending spam, unsolicited bulk communications, or unauthorized solicitations through the Services;
Interfering with, disrupting, or attempting to circumvent the security or operational integrity of the Services;
Using the Services to harass, defame, abuse, or discriminate against any person;
Reverse engineering, decompiling, or attempting to derive source code from the Services, except to the extent permitted by applicable law;
Using the Services to develop a competing product, or to benchmark the Services for publication, without LibraMind's prior written consent.

We reserve the right to suspend or terminate access in accordance with Section 8 if we determine that you have violated these provisions.

11.2 User Submissions

From time to time, the Services may allow you to submit content such as comments, notes, lists, annotations, configuration data, or other materials ("User Submissions"). You are responsible for ensuring you have all rights necessary to submit User Submissions and that they do not infringe the rights of any third party or violate applicable law.

Subject to the carve-out below, by submitting User Submissions through publicly visible or community-style features of the Services (if any), you grant LibraMind a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute such User Submissions solely as needed to operate and provide the Services.

Carve-out for Institutional Customer Data. Notwithstanding the foregoing, Customer Data (as defined in Section 6.5) and any data, records, or materials generated by or for an Institutional User in the ordinary course of its operations under a Written Agreement (including collection records, acquisition decisions, cataloging records, holdings data, and institutional annotations) are not "User Submissions" for purposes of this Section 11.2, and no license to such materials is granted under this Section. Rights to such Customer Data are governed exclusively by Section 6.5, the applicable Written Agreement, and any Data Processing Agreement.

11.3 Feedback

If you submit, upload, post, or transmit any ideas, suggestions, reviews, proposals, or other content (collectively, "Feedback"), you grant LibraMind a worldwide, perpetual, sublicensable, royalty-free, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for commercial or other purposes. You represent that you own or have all necessary rights to the Feedback you submit and that it does not infringe the rights of any third party. LibraMind is under no obligation to: (1) maintain Feedback in confidence; (2) provide any compensation for Feedback; or (3) respond to Feedback.

11.4 Reporting Misuse

If you become aware of any misuse of the LibraMind Services, including any material that may violate these Terms or applicable law, please report it to [email protected].

12. Notices

User consents to electronic communications with LibraMind, whether addressed to the e-mail address associated with such User's LibraMind account or posted on the LibraMind Services. User acknowledges and agrees that any communication via e-mail or by postings on the LibraMind Services satisfies any legal requirement that such communications be made in writing.

13. Disclaimers and Limitation of Liability

13.1 Disclaimer of Warranties

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE LIBRAMIND SERVICES AND ANY LIBRAMIND ACCOUNT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE LIBRAMIND SERVICES OR ANY LIBRAMIND ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE LIBRAMIND SERVICES, ANY LIBRAMIND ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) LIBRAMIND IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER SUBMISSIONS OR THIRD-PARTY CONTENT MADE AVAILABLE ON THE LIBRAMIND SERVICES. INCLUSION OF ANY LINKED WEBSITE ON THE LIBRAMIND SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY LIBRAMIND. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.

(c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR MADE AVAILABLE ON THE LIBRAMIND SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE LIBRAMIND SERVICES.

13.2 Limitation of Liability

(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE LIBRAMIND SERVICES OR ANY LIBRAMIND ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, LIBRAMIND SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE LIBRAMIND SERVICES OR THE MATERIALS ON THE LIBRAMIND SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE LIBRAMIND SERVICES OR YOUR LIBRAMIND ACCOUNT EXCEED THE GREATER OF (I) US$100 IN TOTAL OR (II) THE FEES PAID BY YOU TO LIBRAMIND IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT.

14. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of LibraMind to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

15. Applicable Law

The LibraMind Services are created and controlled by LibraMind in the State of Delaware. The laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws, except as otherwise provided in Section 16.12 (International Users) or in an applicable Written Agreement.

16. Dispute Resolution

Please read this Section 16 carefully because it requires you and LibraMind to agree to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. This Section 16 precludes you and LibraMind from suing in court, having a trial by jury, or participating in a class action, unless otherwise provided in these Terms. You and LibraMind agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. LibraMind and you are each waiving the right to trial by a jury. Follow the instructions in Section 16.9 if you wish to opt out of arbitration on an individual basis.

16.1 Claims Subject to this Section

This Section 16 applies to all Claims between you and LibraMind. A "Claim" is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and LibraMind, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and, as permitted by law, for which either party wishes to seek legal recourse and that arises from or relates to the LibraMind Services; a LibraMind account; the use of your information by or for LibraMind; or Claims related to the validity, enforceability, or scope of these Terms or any portion of them.

16.2 Required Informal Dispute Resolution

Except as permitted under Section 16.3, if you have a Claim against LibraMind or if LibraMind has a Claim against you, you and LibraMind must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration. You and LibraMind will make a good-faith effort to negotiate for 60 days the resolution of any Claim or for a longer period as mutually agreed in writing (email suffices) by you and LibraMind ("Informal Resolution Period") from the day you or LibraMind receive a written notice of a Claim from the other party (a "Claimant Notice") in accordance with this Section 16.2.

You will send any Claimant Notice to LibraMind by email to [email protected]. LibraMind will send any Claimant Notice to you by certified mail or email using the contact information you have provided to LibraMind, including the email address associated with your LibraMind account. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested.

You or LibraMind cannot file a Claim in arbitration (or court in accordance with Section 16.3) before the end of the Informal Resolution Period. The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim.

16.3 Claims Subject to Binding Arbitration; Exceptions

Except for Claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or LibraMind ("IP Claims"), including any disputes in which you or LibraMind seek injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property; or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 16.2 will only be resolved through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the validity, enforceability, or scope of the arbitration provision or any portion of the arbitration provision.

16.4 Binding Individual Arbitration

Subject to the terms of this Section 16.4, a Claim not excluded under Section 16.3 may only be resolved by binding individual arbitration conducted by the American Arbitration Association (the "AAA"), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"). If you are a "Consumer," meaning that you only use the LibraMind Services for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Claims between you and LibraMind as modified by this Section 16 (the "Rules"). If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and LibraMind as modified by this Section 16.

This agreement to arbitrate affects interstate commerce, and the enforceability of these Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity, including the power to determine all questions of arbitrability. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You or LibraMind may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration to LibraMind by certified mail addressed to LibraMind, Attn: Legal Department, 8 The Green Suite B, Dover, Delaware 19901, or by email to [email protected]. LibraMind will send any demand for arbitration to you by certified mail or email using the contact information you have provided to LibraMind, including the email address associated with your LibraMind account.

16.5 Class Action Waiver

Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 16 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims released from arbitration must be resolved in accordance with Section 17.

16.6 Arbitration Fees

Except for Mass Arbitrations (as defined in Section 16.8), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, LibraMind will pay the difference in fees. Unless otherwise prohibited by law, you and LibraMind have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.

16.7 Confidentiality

If you or LibraMind submits a Claim to arbitration, you and LibraMind agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and LibraMind agree to seek such protection before any such exchange.

16.8 Mass Arbitrations

If 25 or more Claimant Notices are received within 180 days of the first Claimant Notice by a party that raise similar claims and have the same or coordinated counsel, these will be considered "Mass Arbitrations" and will be treated as mass arbitrations according to the AAA's Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in this Section 16. You or LibraMind may advise the other if you or LibraMind believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of "Mass Arbitrations" will be decided by the arbitration provider as an administrative matter.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until this Section 16 permits such Mass Arbitration to be filed in arbitration or court.

Initial Bellwether. The bellwether process set forth in this Section 16.8 will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 20 individual arbitrations from the overall Mass Arbitrations to proceed in arbitration as a bellwether. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding.

Mediation. Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations with the mediator's fee paid by LibraMind. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the bellwether process.

16.9 30-Day Right to Opt Out

You have the right to opt out of this Section 16 by sending written notice of your decision to opt out within 30 days of first agreeing to these Terms to LibraMind, Attn: Legal Department, 8 The Green Suite B, Dover, Delaware 19901, or by email to [email protected]. Such notice must include the name of each person opting out, the address, and a clear statement that you do not wish to resolve disputes with LibraMind through arbitration. Your decision to opt out of this Section 16 will have no adverse effect on your relationship with LibraMind or the delivery of the Services to you.

16.10 Enforcement

If any part of this Section 16 is considered to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of Section 16 will remain in effect unless otherwise provided in this Section 16. If LibraMind does not enforce any provision of these Terms or any related agreement, such failure shall not be deemed a waiver of any rights to enforce such provision.

16.11 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of LibraMind. LibraMind may transfer or assign these Terms, and its rights and obligations, without prior consent or notice.

16.12 International Users and Negotiated Overrides

LibraMind recognizes that mandatory arbitration in Delaware under AAA rules may be impractical or unenforceable for Users located outside the United States, and that Institutional Users in certain jurisdictions may be required by local law or procurement rules to agree to different governing law, venue, or dispute-resolution mechanisms. Accordingly:

Where you and LibraMind have entered into a Written Agreement that specifies a different governing law, venue, or dispute-resolution mechanism (including mediation, arbitration before a different administering body, or courts of a specified jurisdiction), the terms of such Written Agreement will control over Sections 15, 16, and 17 to the extent of any conflict.
Nothing in this Section 16 limits any non-waivable rights you may have under the mandatory consumer-protection or procurement laws of your country or jurisdiction of residence.

17. Venue

If you reside in the United States, all Claims not subject to arbitration pursuant to Section 16 and that cannot be heard in small-claims court will be resolved exclusively in the courts located in Delaware, U.S.A., except as otherwise provided in Section 16.12 or in an applicable Written Agreement. You and LibraMind waive any objection to venue in the courts identified in this Section 17.

18. Export Compliance

LibraMind operates in compliance with U.S. export control laws. By using our Services, you represent that you are not located in a country subject to U.S. embargoes or on any U.S. government restricted party list.

19. Additional Terms and Conditions

In addition to the policies and guidelines located throughout the LibraMind Services, the following policies are incorporated into the Terms of Use:

19.1 Cloud Hosting and Payment Processing

LibraMind is hosted on cloud infrastructure providers, which operate the platform that enables us to deliver our services online. Your personal information, including order details and payment information, may be stored and processed through our hosting and payment service providers' data storage, databases, and applications.

By using the LibraMind Services, you acknowledge and agree that:

Our hosting providers may process your data in accordance with their own privacy policies, our agreements with them, and, where applicable, any Data Processing Agreement entered into between you and LibraMind.
Payment transactions are securely processed by approved third-party payment processors. LibraMind does not store full credit card details and relies on its payment partners for transaction security and compliance with PCI-DSS standards.
Our hosting providers may transfer, store, and process your data on servers located in the United States, Canada, the European Economic Area, or other jurisdictions as necessary to provide the Services, subject to any data-residency commitments made in your Written Agreement or applicable Data Processing Agreement.

19.2 Changes to These Terms

LibraMind may update or modify these Terms at any time by posting the updated version on our website. Material changes will be communicated in accordance with applicable law. For Institutional Users under a Written Agreement, material adverse changes will not take effect until the renewal of the then-current subscription term, unless otherwise required by law. Your continued use of the Services after such changes have been posted constitutes your acceptance of the updated Terms.

19.3 Public Institutions, Universities, and Procurement Terms

If you are accessing or using the LibraMind Services on behalf of a public institution, government entity, public library, university, college, school, consortium, or other institution subject to procurement rules, certain terms may need to be addressed in a separate written agreement, order form, purchase order, data-processing agreement, or procurement addendum. To the extent any such separately executed agreement conflicts with these Terms, the separately executed agreement will control solely with respect to the conflicting terms.

19.4 Data Protection and Privacy

LibraMind processes personal information in accordance with its Privacy Policy and, where applicable, a Data Processing Agreement ("DPA") entered into between you and LibraMind. Without limiting the foregoing:

Where you are an Institutional User subject to the EU/UK General Data Protection Regulation, the California Consumer Privacy Act / California Privacy Rights Act, or comparable data-protection laws, LibraMind will, upon written request, enter into a DPA addressing the parties' respective roles (controller/processor or business/service provider), the purposes and means of processing, sub-processor arrangements, international transfer mechanisms, security measures, and assistance with data-subject requests.
LibraMind maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction. Specific security commitments, where applicable, are set forth in the DPA or Written Agreement.
LibraMind will notify affected Institutional Users without undue delay after becoming aware of any confirmed personal-data breach affecting their Customer Data, and will cooperate reasonably with the User's obligations to notify supervisory authorities and affected individuals as required by applicable law.
Upon termination or expiration of your subscription, LibraMind will, in accordance with the Written Agreement and applicable DPA, make Customer Data available for export for a reasonable period and thereafter delete or return such data, except as required to be retained by applicable law.
Patron-derived information (information relating to a library's end-users or patrons, if any) will be processed only for the purposes of providing the Services and as instructed by the Institutional User, and will not be sold or used for unrelated advertising purposes.

20. International Users

LibraMind serves libraries and institutions worldwide. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with all local laws and regulations.

International users are solely responsible for:

Any taxes, duties, levies, or fees imposed by their local jurisdiction in connection with their subscription to or use of the Services;
Compliance with all local laws regarding the access, use, and storage of materials made available through the Services;
Providing accurate institutional and contact information.

LibraMind is not responsible for any delays, restrictions, or additional costs resulting from regulatory restrictions, network conditions, or local laws that affect your ability to access or use the Services. Section 16.12 sets forth additional provisions applicable to disputes involving international Users.

21. Acknowledgment

The Terms of Use, including all documents referenced herein and any applicable Written Agreement, represent the entire understanding between User and LibraMind regarding User's relationship with LibraMind and supersede any prior or contemporaneous statements or representations. In the event of any conflict between these Terms and a Written Agreement, the Written Agreement will control solely with respect to the conflicting terms. Headings used in the Terms of Use are for convenience only and shall not affect the interpretation of these Terms.

22. Contact Us

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

LibraMind
By Email: [email protected]
General Support: [email protected]
Data Protection / DPA Requests: [email protected]
8 The Green Suite B, Dover, Delaware 19901