Legal
Terms of Service
These Terms of Service (“Terms”) govern your use of the Aura Smart Film website (the “Site”) and the estimate and contact tools on it. The Site is operated by Aura Smart Film (“Aura,” “we,” “us” or “our”), a smart film supply and installation business serving the Los Angeles, California area. By using the Site or submitting a request through it, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.
These Terms cover the Site and your initial contact with us. Any smart film supply or installation work we perform for you will be governed by a separate written agreement, which controls if it conflicts with these Terms.
1. What we do
Aura supplies switchable (PDLC) privacy film and installs it on suitable existing glass. We do not manufacture, supply or install glass, windows or doors, and we do not perform window replacement. Whether a particular pane is suitable for smart film depends on its type, condition, size, edges, location, moisture exposure and access to power, and can only be confirmed after we evaluate it. Nothing on the Site is a promise that any specific glass can be fitted with smart film.
2. Estimates, quotes and contracts
- Information on the Site is general. Descriptions, applications and answers in the FAQ are provided to help you understand smart film. They are not an offer, a quote, or advice about your specific property.
- An estimate request is not an order. Submitting the form asks us to review your project. It does not obligate you to buy anything or obligate Aura to perform work.
- Pricing depends on the project. Any figure we give before an on-site evaluation is a preliminary estimate. A firm price is stated only in a written quote or agreement, and remains subject to the conditions stated in that document.
- Written agreement required. Supply and installation work is performed only under a written agreement signed by you and Aura, which sets out the scope, price, schedule, payment terms, warranty and cancellation rights. That agreement controls over these Terms.
- Residential projects. For work on a residence, California law (Business and Professions Code § 7159) requires a written home improvement contract containing specific disclosures, including your right to cancel within three business days (five business days for owners aged 65 or older) after signing a contract negotiated at your home. We provide those disclosures with the contract; nothing on the Site replaces them.
3. Contractor licensing
In California, contractors performing work valued at $500 or more (labor and materials combined) must be licensed by the Contractors State License Board (“CSLB”). [Insert: “Aura Smart Film is licensed by the CSLB, License No. ______, Classification ______.” or, if the work is performed by a licensed subcontractor, name that subcontractor and license number.]
Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826; telephone (800) 321-2752; www.cslb.ca.gov.
Electrical connections required to power smart film, where they go beyond plugging a supplied controller into an existing outlet, are performed by an appropriately licensed electrician and may require a permit from your local building department.
4. Product information and images
Images on the Site, including the clear/private comparison sliders, are illustrative renderings and representative examples. They are not photographs of specific projects completed by Aura unless expressly labeled as such, and they are not a guarantee of how smart film will look on your glass. The appearance of smart film in its clear and frosted states, including light transmission, haze, tint and viewing angle, varies with the film product, the glass, lighting and the environment. Product specifications, ratings and warranties are those published by the film manufacturer and will be provided with your quote.
5. Using the Site
You may use the Site for your own lawful purposes in connection with considering or obtaining our services. You agree not to:
- submit false, misleading or fraudulent information, or impersonate another person;
- upload malware, or content that is unlawful, infringing, defamatory or invasive of another person’s privacy;
- use automated tools to scrape, spam or overload the Site or its forms;
- attempt to gain unauthorized access to the Site, its hosting infrastructure or any related system; or
- copy, frame or republish the Site or its content except as permitted in Section 8.
You must be at least 18 years old and legally able to enter into contracts to request an estimate.
6. Your submissions
When you send us information or photos through the Site, you keep ownership of them. You grant Aura a non-exclusive, royalty-free license to store, copy and use that material for the purpose of evaluating, quoting, performing and documenting your project and communicating with you. We will not use your photos in advertising or show them publicly without your separate written permission.
You confirm that you have the right to share what you submit, that it does not violate anyone else’s rights, and that any person shown in a photo has consented. Please do not include sensitive information that is not needed to show the glass, such as financial documents or identification.
7. Communications
By providing your phone number and email address, you agree that Aura may contact you about your request by phone, text message and email as described in the Privacy Policy. Consent to text messages is not a condition of purchase; message and data rates may apply; reply STOP to end text messages. You agree that we may provide notices and documents relating to your request electronically, and that electronic signatures on agreements with us are valid under the California Uniform Electronic Transactions Act (Civil Code § 1633.1 and following).
8. Intellectual property
The Site, including its text, design, graphics, logos, images and code, is owned by or licensed to Aura and protected by copyright, trademark and other laws. “Aura Smart Film” and the Aura logo are trademarks of Aura. You may view, download and print pages for your personal, non-commercial use in considering our services. Any other use, including reproduction, modification, distribution or commercial use, requires our prior written permission. Product names and marks of film manufacturers belong to their respective owners.
9. Third-party links and services
The Site may link to or rely on third-party websites and services, such as manufacturer specifications, mapping tools, review platforms and the font and form-processing services described in the Privacy Policy. We do not control and are not responsible for their content, availability or practices. Links do not imply endorsement.
10. Disclaimers
The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, Aura disclaims all warranties regarding the Site, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the Site will be uninterrupted, error-free or free of harmful components.
This disclaimer applies only to the Site and the information on it. It does not limit or exclude any warranty stated in a written agreement for smart film supply or installation, any warranty provided by the film manufacturer, or any warranty or right that cannot be excluded under California law, including under the Song-Beverly Consumer Warranty Act where it applies.
11. Limitation of liability
To the fullest extent permitted by law, Aura and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of or relating to your use of or inability to use the Site, even if advised of the possibility of such damages. Aura’s total liability for all claims relating to the Site will not exceed one hundred dollars ($100).
Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, willful injury to a person or property, violation of law, or gross negligence, which California Civil Code § 1668 does not allow to be waived, or any other liability that cannot be limited by applicable law. This section does not apply to claims under a written agreement for smart film supply or installation, which are governed by that agreement.
12. Indemnification
You agree to indemnify and hold harmless Aura from third-party claims, losses and reasonable expenses (including attorneys’ fees) arising from your violation of these Terms or of another person’s rights in connection with material you submit through the Site, except to the extent caused by Aura’s own negligence or misconduct.
13. Governing law and disputes
These Terms and any dispute relating to the Site are governed by the laws of the State of California, without regard to its conflict-of-law rules. You and Aura agree that the state and federal courts located in Los Angeles County, California have exclusive jurisdiction over any such dispute, and each of us consents to personal jurisdiction there. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally by contacting the other party, and to allow at least 30 days for a response. Nothing in this section prevents you from bringing a claim in small claims court or from filing a complaint with a government agency, including the CSLB or the California Department of Consumer Affairs.
14. California consumer notice
Under California Civil Code § 1789.3, California users of the Site are entitled to the following notice: the Site is operated by Aura Smart Film, [mailing address], Los Angeles, California, [business phone], [contact email]. The Site is free to use; any fees for smart film supply or installation are stated in your written quote or agreement. Complaints regarding the Site or requests for further information may be sent to the address above, or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
15. Accessibility
We want everyone to be able to use the Site. It is built to follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where practicable. If you have difficulty using any part of the Site or would like assistance requesting an estimate in another format, please contact us and we will help.
16. General terms
- Changes. We may update these Terms from time to time. The “Last updated” date shows when they last changed. Material changes will be posted on the Site’s homepage for at least 30 days. Continued use of the Site after a change takes effect means you accept the updated Terms; changes do not apply retroactively to a written agreement already signed.
- Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms. Aura may assign them in connection with a merger, acquisition or sale of its business.
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Aura regarding the Site. They do not replace any written agreement for smart film supply or installation.
17. Contact
Aura Smart Film
[legal business name, if different, and DBA]
[mailing address], Los Angeles, California
Email: [contact email]
Phone: [business phone]
Web: the contact and estimate form on our homepage