The short version
Your Book Nest is a simple cloud library app I run on my own as a sole trader from Aberdeen, Scotland. Your library uses it to lend books and keep track of who has what; I keep it running and charge a flat yearly fee once you go past the free tier.
These terms are the contract between us. They cover the practical stuff - how the subscription works, what happens to your data, what I am responsible for, and what I am not. I have written them in plain English on purpose, because terms you cannot read protect nobody.
Nothing in these terms takes away rights you have by law as a consumer. If you do not agree with these terms, please do not use the service.
1. Who I am
Your Book Nest is run by me, Dan Edwards, as a sole trader based in Aberdeen, Scotland. You can reach me at danedwardscreative@gmail.com.
When these terms say "Your Book Nest", "the service", "I" or "me", they mean me, Dan Edwards. When they say "you" or "your", they mean the person or organisation running a library on the service.
2. About these terms
These terms apply every time you use Your Book Nest. By creating an account, subscribing, or carrying on using the service after I publish a new version, you agree to them.
You are agreeing to these terms as the person or organisation responsible for a library. Many of the libraries that use Your Book Nest are churches, charities, community groups or volunteers, and some are individuals. Nothing in these terms removes or reduces the rights you have by law as a consumer. Where the law gives you a right that one of these terms appears to limit, the law wins.
You need to be at least 16 to agree to these terms. If you are agreeing on behalf of an organisation, you confirm you are allowed to commit that organisation.
3. Your library account
You need an account to use the service. When you register, you confirm that the details you give me are accurate. More than one volunteer can sign in to the same library, each with their own login.
You are responsible for keeping your password safe. If you think someone else has got into your account, change your password from the settings page and let me know.
You are responsible for what happens under your library's logins, including anything your fellow volunteers do.
4. Patron accounts
Your patrons do not need accounts to borrow books. If you choose to give a patron a read-only login so they can see their own loans and due dates, you set that up and you are responsible for it. Patron logins are read-only and cannot change the library's records.
A patron login does not make that patron a party to these terms. The relationship for these terms is between you and me.
5. The free tier and paid subscription
Your Book Nest has a free tier and a paid subscription that lifts its limits. The free tier covers up to 100 items, 50 patrons and 10,000 loan records, and you can use it for as long as you like without entering card details. The paid subscription raises that to 5,000 items, 500 patrons and unlimited loan records.
The paid subscription is a single flat fee, billed once a year. Current prices are listed on the pricing page, and you will see the price in your local currency when you subscribe.
Payments are processed by Stripe. I do not see or store your card details; Stripe holds them under its own terms. By subscribing you also agree to Stripe's terms for the payment.
Your subscription renews automatically each year on the date Stripe took the first payment, until you cancel. I am not currently registered for UK VAT, so the price you see is the price you pay, with no VAT added at checkout. If I register for VAT in future I will tell you in advance and add it at the prevailing rate from a stated date.
6. Your right to cancel, and refunds
If you change your mind within 14 days of subscribing, email me and I will refund you in full.
After that, you can still cancel at any time from the settings page. Cancelling stops the next yearly renewal; it does not cut short the year you have already paid for, and I do not refund the remainder of that year. You keep paid access until the year you have paid for ends, after which your library moves back to the free tier. If your data is over the free-tier limits at that point, it becomes read-only until you are back within them or subscribe again. You can always sign in and export your data.
I may also cancel your subscription, with reasonable notice, if I am winding the service down. If that happens I will refund any payment you have made for time you will not get to use.
7. Failed payments
If Stripe cannot take your renewal payment, it will retry automatically over several days. If it still cannot be taken, your library moves back to the free tier rather than being locked out, and your data is kept. Once a payment goes through, the paid features come straight back.
8. Price changes
If I change the subscription price, I will give you at least 30 days' notice by email before the new price takes effect. If you do not want to pay the new price, you can cancel before it takes effect and keep the old price for any time you have already paid for.
I generally only apply price changes to new sign-ups, so existing libraries usually keep their price for as long as they stay subscribed. If that ever changes I will tell you in advance.
9. Your data
Your data is yours. For the personal information you put into the service, such as your patrons' names and loan history, you decide what to collect and I act as your data processor. I keep it safe and process it on your instructions.
If you need a data processing agreement under UK GDPR Article 28, the privacy policy together with these terms is meant to satisfy that. Email me if you need something signed.
10. Acceptable use
You can use Your Book Nest for anything a community library reasonably needs to do. You must not use it to:
- Resell access to the service as if it were your own
- Reverse engineer, scrape or copy the service to build a competing product
- Upload content that infringes someone else's copyright, trademark or other rights
- Probe, attack or otherwise interfere with how the service runs
- Do anything illegal through the service
If you have a minor or fixable problem with how you are using the service, I will get in touch and give you a chance to put it right. For anything serious, such as attacking the service or clear illegal use, I may suspend or close your account without notice.
11. Service availability and changes
I work hard to keep the service available around the clock. I do not promise a specific uptime figure, but in practice availability is very high. Some downtime is planned, for upgrades and maintenance, and some is not; I will give notice for planned downtime when I can.
I add, change and occasionally remove features. If I remove a feature you rely on, I will give you reasonable notice by email and try to suggest an alternative. I might also offer features marked as beta or experimental. Those are provided as they are and may change or disappear.
12. Intellectual property
I own Your Book Nest: the code, the design, the brand and the writing on the marketing pages and articles. None of that passes to you when you subscribe.
You own your data and your library's content, such as your catalogue, your patron list and your loan records. You give me a narrow, non-exclusive licence to host and process that content only so I can run the service for you. That licence ends when your account is deleted - I take no broader rights over your content, and nothing survives your leaving.
If you send me feedback or feature ideas, I can act on them and build them into the service without owing you anything. You are not giving up ownership of anything by doing that; you are just helping me improve the service.
13. Third-party services
If one of them has an outage, the service may go down with it. I treat that as my problem to fix and choose these providers carefully, but I cannot make a third party meet a particular service level on my behalf.
14. Suspension and closing your account
I can suspend or close your account if you seriously break these terms, if a lawful request from a regulator or law-enforcement agency requires it, or if I have good reason to believe you are using the service to break the law. For minor or fixable issues I will get in touch first and give you a chance to put things right.
You can close your account at any time by cancelling and then deleting it from the settings page.
15. Exporting and deleting your data
When your account ends, whether you delete it or I close it, you have a window to export your data before it is removed. You can export your library's data from the settings page at any time while the account is open.
When you delete your account, deletion is scheduled straight away, but your data is kept in a recoverable state for a short period first. This protects you against mistakes and against someone deleting your account who should not have. During that window you can email me to restore the account. After it, your data is permanently deleted. Stripe keeps its own record of your billing history under its own rules, which is outside my control.
16. My responsibility to you
I will provide the service with reasonable care and skill, as the law requires. Nothing in these terms limits my responsibility for things the law does not let me limit, such as death or personal injury caused by my negligence, or fraud.
For everything else, and to the extent the law allows, I am not responsible for losses that were not reasonably foreseeable, or for loss of profit or business that does not apply to you as a consumer. Your Book Nest is a low-cost service for small libraries, not enterprise software sold with enterprise guarantees, and what I am responsible for reflects that. None of this affects your statutory rights as a consumer.
Please keep your own copy of anything that matters to you, by exporting your data from time to time.
17. Things outside my control
I am not responsible for failing to run the service if something outside my reasonable control stops me, such as a major outage at one of my suppliers, internet-level disruption, natural disasters, or government action. If such an event goes on for more than 30 days, either of us can end the subscription, and I will refund any payment for time you did not get to use.
18. Governing law
These terms are governed by the law of Scotland. If you are a consumer, you can bring a claim in the courts of the part of the UK or the country where you live, and you keep the protection of any consumer-protection rules that apply there. I would much rather sort things out directly first, so please email me before going to court.
19. Changes to these terms
If I change these terms, I will update the date at the top of this page and let subscribed accounts know by email. The new version applies from the date stated. If you do not accept a change, you can cancel before it takes effect and keep the existing terms for any time you have already paid for.
20. General
Assignment. I can transfer my rights and obligations under these terms, for example if I incorporate or sell the business, as long as your rights are not harmed. You cannot transfer your rights without my consent, which I will not unreasonably withhold.
Notices. Notices from me to you go to the email address on your account. Notices from you to me go to my contact email above.
Severability. If a court finds part of these terms unenforceable, the rest stays in force.
Entire agreement. These terms, together with the privacy policy and the pages they link to, are the whole agreement between us.
No waiver. If I do not enforce a right straight away, that does not mean I have given it up.
No partnership. Nothing in these terms creates a partnership, employment relationship or agency between us.
Contact
Dan Edwards