Terms of Use | Rakuten Kobo

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE, WHICH CONTAIN MANDATORY ARBITRATION FOR RESOLUTION OF DISPUTES BETWEEN YOU AND KOBO. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE.

1. General

Rakuten Kobo Inc., located in Toronto, Canada, and its subsidiaries (“Kobo”, “we” “our” and/or “us”) operate websites (including online storefronts), mobile applications, and a digital reading platform that enable customers to read or listen to written or creative works, including eBooks, audiobooks, or any literary works made available (“Digital Content”) using a variety of electronic devices, software applications, widgets, and other services, and provide an account that you may use to access Digital Content (“Kobo Account”) (collectively, the "Service”). Kobo is part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan (collectively, “Rakuten Group”). More information about Rakuten is available at http://global.rakuten.com/corp/about/company.

Your access to the Service, including your registration for and use of a Kobo Account (either directly through the Service or via third-party authentication services that are not owned or controlled by Us, such as those provided by Facebook, Inc., Google LLC, or other Rakuten Group entities) and any other interactions with Us are bound by these terms of use (“Terms of Use”), whether you are or are not a Customer (as defined in Section 4 below) of the Service. You are only authorized to access and use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and with these Terms of Use.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND KOBO HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 13 “DISPUTE RESOLUTION AND INDIVIDUAL ARBITRATION AGREEMENT” BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION.

Kobo reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. You are responsible for reviewing these Terms of Use for changes and you should review these Terms of Use regularly. Kobo will provide you with notice of material changes, such as by sending an email, posting to our website, providing a notice through the Service, or other reasonable means. Changes to these Terms of Use are effective upon receipt of such notice, or upon your continued use of the Services, whichever is sooner.

If you do not comply with these Terms of Use at any time, Kobo reserves the right to immediately cancel, terminate, or suspend your access to the Service (or any part thereof) or your Kobo Account, if any. Kobo may initiate this right of termination or suspension, without notice, for reasons that may include the following:

  • if Kobo has specifically asked you to provide proof of your identity or to refrain from any act, conduct or breach of these Terms of Use;
  • if Kobo has reasonable grounds to believe that you have breached these Terms of Use or any specific terms in connection with a Service;
  • for other reasons related to your behaviour on or off the Service; or
  • if your Kobo Account has been inactive as determined by Kobo in its application of its Dormant Account Protocol under Kobo’s Data Retention Policy which may be revised, at Kobo’s discretion, from time to time.

In Kobo’s sole discretion and without prior notice or liability, Kobo may discontinue, modify, or alter any aspect of the Service including, but not limited to:

  1. restricting the time the Service is available;
  2. restricting the amount of use permitted; and
  3. restricting or terminating any user’s right to use the Service.

You agree that any termination or cancellation of your access to, or use of, the Service may be carried out without prior notice. If you do not abide by the terms of these Terms of Use, you agree that we may immediately deactivate or delete your Kobo Account, if any, and all related information or files or bar any further access to such information or files or the Services (or part thereof). Further, you agree that Kobo shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Services, or any policies or practices by Kobo in providing the Services, including without limitation any change in content, is to cease using the Services and cancel or terminate your subscription or Kobo Account, as applicable.

2. Digital Content

All Digital Content is the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. The access to Digital Content is provided by Kobo’s grant of licenses to Customers, the access being restricted and defined by the license parameters. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.

Kobo Plus

Your use of the Kobo Plus subscription service is also subject to the provisions set out below.

Kobo Plus subscribers may read their choice of eBooks from a selected set of Digital Content for a monthly fee. The Digital Content available to subscribers will vary and Kobo makes no guarantees about the availability of such Digital Content.

Trial Subscriptions

When a credit card is being used for a purchase, Kobo may obtain pre-approval from the credit card company for an amount up to the amount of the order. Billing to the credit card occurs at the time of purchase, or shortly thereafter.

Membership Cancellation

You may cancel your membership by using the “Cancel my subscription” button on the Kobo "My Subscriptions". Except as otherwise set out in these Terms of Use and the Terms of Sale (for provision of license to Digital Content), if you cancel your membership, you will not receive a refund of any membership fees already paid. When your membership is cancelled, the Digital Content from your subscription associated with your Kobo Account will be removed from your devices and applications.

Restrictions

Restrictions apply on the number of eBooks (including audiobooks) subscribers can simultaneously download. Subscribers can download a maximum of 15 eBooks simultaneously for offline reading. If the subscriber has already downloaded 15 eBooks, the eBook which has been on the device the longest will be automatically removed when he/she downloads a new eBook. Kobo reserves the right to unilaterally alter these offline reading rules without notice.

Kobo may also take steps to prevent fraud, such as restricting the number of titles that may be accessed at one time, and monitoring Kobo Accounts for any activity that may violate these Terms of Use. If Kobo discovers any type of fraud, Kobo reserves the right to take enforcement action including the termination or suspension of a Kobo Account.

Audiobooks

Your use of the Audiobooks subscription service is also subject to the provisions set out below.

Kobo Audiobook subscription subscribers may listen to a choice of Audiobooks from a selected set of Digital Content for a monthly fee. The Digital Content available to subscribers will vary and Kobo makes no guarantees about the availability of such Digital Content.

The fees for Audiobook subscription plans will be stated at the time of your purchase and outlined in our help pages. The fees for membership plans may vary. Fees may be subject to tax and are non-refundable except in the specific circumstances described in these Terms of Use.

Audiobook subscription credits are only redeemable for audiobook content. These credits have no cash value and are non-transferable. Kobo will not offer refunds on credits. Customers may only accrue a maximum of 24 credits in their Kobo Account at any given time.

All credits are valid while the Customer is a Kobo Audiobook subscriber. Credits will only expire once a Customer cancels their subscription. Upon cancelation, a Customer will have a period of 6 months from the date of cancelation to spend their unused credits. Any credits that remain after 6 months will expire and will no longer be available for use.

Following the initial payment, unless you cancel your subscription, you will be charged the then-applicable membership fees and any taxes, using the payment method we have on file for you.

3. Payment Methods

Only Customers may purchase Digital Content on the Service.

The Service accepts the following credit cards: Visa and MasterCard.

Depending on the country in which you are making your purchase, the following payment methods may also be available: American Express, Visa Debit, PayPal, iDeal and JCB.

When a credit card is being used for a purchase, Kobo may obtain pre-approval from the credit card company for an amount up to the amount of the order. Billing to the credit card occurs at the time of purchase, or shortly thereafter.

4. Customers

The Service is open to the public but certain portions, components, content and features of the Service are only available to individuals who enter into a contract with Kobo for the provision of the Service by registering with Kobo, creating a Kobo Account, and agreeing to these Terms of Use and acknowledging Kobo’s Privacy Policy at the time the Kobo Account is created (each, a "Customer"). If the individual remains a Customer and their Kobo Account is active, Customers will have ongoing access to and will be able to receive, amongst others, the following additional services and functionality of the Service:

  • the ability to access the Customer’s Kobo Account and purchase Digital Content (including a listing of Customer’s literary works) via one of Kobo’s applications across multiple platforms, including on the Customer’s devices such as eReaders, tablets, mobile phones, and personal computers and via Kobo’s website;
  • the ability to purchase, access, view, download, store, and read Digital Content from within the Customer’s Kobo Account while utilizing a Kobo application;
  • unlimited storage of Digital Content purchased or downloaded via the Customer’s Kobo Account on Kobo’s systems, which can be always accessed when the Customer is logged into their Kobo Account and using a Kobo application; and
  • the ability to access certain functionality within Digital Content such as highlighting, in-book dictionary, bookmarking, and annotations.
  1. If you are a Customer, then you agree in consideration of your use of the Service to the following:

    1. you represent that you are at least of the age of majority in the jurisdiction in which you reside, or 16 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction;
    2. to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data");
    3. to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Kobo has the right to suspend or terminate your Kobo Account and refuse all current or future use of the Service (or any portion thereof); and
    4. For EU Customers Only: Customers who are users of Kobo eReaders purchased in the European Union] (‘EU Customers’), acknowledge and agree that their Kobo eReaders and their integral operating system software may generate certain raw or pre-processed product data that is made readily available to Kobo, by virtue of your use of the Kobo eReader (“Product-generated Data”), which Product-generated Data is described in our Product Data Information Page (found as an appendix to these Terms of Use). As an EU Customer,

      1. You irrevocably grant permission to Kobo to collect and use non-personal Product-Generated Data for any lawful purpose, including, but not limited to, for the purposes of: (i) performing any agreement with you or any third party; (ii) providing support, warranty services or similar services in connection with the Kobo eReaders and any related service or your Kobo Account; (iii) operating, improving and maintaining the functioning, safety and security of Kobo products and services; (iv) developing new products and services; and (v) aggregating Product-generated Data, including with other data and/or deriving information from it for any lawful purpose. For Product-generated Data that is Personal Data, Kobo’s collection and use of the data and your rights in relation to it are described in our Privacy Policy.
      2. You acknowledge and agree that Kobo may share non-personal Product-generated Data with its affiliates, or other outside parties who can use this data for the purposes of (i) assisting it in achieving the above purposes or (ii) pursuing their own lawful purposes, but only within the limits set by this clause.
      3. You have the right to access Product-generated Data in a comprehensive, commonly used and machine-readable format, free of charge by contacting Kobo at [email protected].
      4. You have the right to request that Kobo make certain Product-generated Data available to eligible third parties (which does not include entities designated as gatekeepers under the EU Digital Markets Act). To the extent permitted by law, where we receive such a request we may ask for further information from you or a third party requesting on your behalf necessary to verify that the request is a valid request. You understand that, where permitted by applicable law, we may reject the request (for example, in the case it would disclose certain trade secrets or where to do so would breach our obligations under the General Data Protection Regulation) or may agree to the request subject to certain legally permitted terms and conditions.

  2. Customers will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and Kobo Account and are fully responsible for all activities that occur under your password or Kobo Account. You agree to the following:

    1. immediately notify Kobo of any unauthorized use of your password or Kobo Account or any other breach of security; and
    2. ensure that you exit from your Kobo Account at the end of each session.

  3. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the Kobo's Privacy Policy.

5. Restrictions on Use

These terms apply to all users of the Service, whether or not you are a Customer.

  1. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Kobo's express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Kobo's discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
  2. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), are the proprietary property of Kobo or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Kobo's prior written permission. Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited license to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of Kobo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trade-mark laws and applicable communications regulations and statutes without limitation. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Kobo at any time without notice and with or without cause.
  3. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Kobo the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Kobo the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Kobo for sale on the Service by a publisher or other content provider.
  4. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  5. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

    1. accessing data not intended for you, including logging into a server or account which you are not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
    3. using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
    4. taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Kobo's systems or networks, or any systems or networks connected to the Service or to Kobo'
    5. conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of Kobo, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
    6. attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing"
    7. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
    8. disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Kobo's ability to monitor or make available the Service; or
    9. taking any action to obtain services to which you are not entitled.

Violations of system or network security may result in civil or criminal liability. Kobo will investigate occurrences which may involve such violations and may cooperate with law enforcement authorities in prosecuting any user (whether a Customer) who is involved in such violations.

6. Disclaimer of Warranty; Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING THIS WEBSITE, IS AT YOUR SOLE RISK. NEITHER KOBO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
  2. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  3. IN NO EVENT WILL KOBO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KOBO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
  4. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KOBO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Monitoring

Kobo shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Kobo and to satisfy any law, regulation or authorized government request. Kobo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Kobo shall have the right to remove any material that Kobo in its sole discretion, finds to be in violation of the provisions hereof, its CONTENT POLICY, or otherwise objectionable. Although Kobo reserves the right to remove, without notice, any posting for any reason, Kobo has no obligation to delete submissions that you may find objectionable or offensive.

8. Indemnification

You agree to defend, indemnify and hold harmless Kobo and its affiliates and their respective directors, officers, employees and agents from and against all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.

9. Trademarks

Kobo, kobobooks.com and related words, domain names and logos are trademarks and the property of Kobo Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

10. Third Party Content

Kobo has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Kobo. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Kobo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized Kobo employee spokespersons while acting in their official capacities.

11. Public Domain

Some of the literary works offered on the Service have been identified as being in the public domain by certain content providers. Kobo does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.

12. Miscellaneous

Rakuten Kobo Inc. controls the Service from its offices within the Province of Ontario, Canada. The Service can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Service, if you are located outside of the United States, and except to the extent that applicable local law requires that the law applied for contracts of this type be that of your country of residence, you agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws. For all users, but with specific application to users located in the United States, any action relating to the use of the Service or any transaction with us or the relationship between you and us is subject to the Dispute Resolution and Individual Arbitration Agreement clauses in Section 13 below. To the extent any such action relating to the use of the Service or any transaction with us is not required to be arbitrated or filed in small claims court in accordance with the Individual Arbitration Agreement, you and we agree that these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of laws principles, and you and we agree to submit to the exclusive jurisdiction of the Province of Ontario, Canada.

With respect to Customers who utilize a Kobo device, Kobo reserves the right to display advertisements and offers on your device. These advertisements and offers may be displayed when the device is powered off or in sleep mode, at the bottom of the home screen, as a screensaver, or through other areas in the user interface as Kobo may choose. By agreeing to these Terms of Use, you consent to the receipt of such advertising being selected for and presented to you based on information that may be collected or inferred about you, including demographic information.

We use technologies that maintain records of your browsing sessions, chats, and other activities on the Service. These technologies may include pixels, cookies, chat providers that maintain a transcript of your chats, or other tracking technologies that share some of your interactions with the Service. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes and in accordance with our Privacy Policy.

Kobo reserves the right to alter the software of any Kobo device, including enhancements, bug fixes, etc., at any time and in Kobo's sole discretion.

Even if We act in a way that appears to you to be inconsistent with these Terms of Use or fail to enforce any provision herein, Our actions shall not be deemed a waiver or constructive amendment of such provision nor of the right to enforce such provision.

These Terms of Use supersede any prior agreements in relation to the subject matter of these Terms of Use, whether written or oral. For avoidance of doubt, our customer service representatives are not authorized to modify the Terms of Use, either verbally or in writing. If any of your use of the Service is governed by any other agreement, and to the extent that there is an irreconcilable conflict between any such other agreement(s) and these Terms of Use, including any arbitration provision or dispute resolution provision, these Terms of Use will control for that conflict.

13. DISPUTE RESOLUTION AND INDIVIDUAL ARBITRATION AGREEMENT

PLEASE READ THIS SECTION (“Dispute Resolution and Individual Arbitration Agreement”) CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

  1. Applicability of this Dispute Resolution and Individual Arbitration Agreement. This binding Dispute Resolution and Individual Arbitration Agreement will not apply to the extent prohibited by the laws of your country of residence. In the United States, this Dispute Resolution and Individual Arbitration Agreement is governed by the Federal Arbitration Act and federal law. To the fullest extent allowed by applicable law, you and Kobo agree to submit all Disputes between you and us to individual, binding arbitration under the provisions in this Section 13. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Kobo that in any way relates to or arises from any aspect of your relationship with us, including, without limitation, your use of the Service, and all matters relating to or arising from these Terms of Use, Kobo’s Privacy Policy, or any other agreement between you and Kobo, including the validity and enforceability of this Dispute Resolution and Individual Arbitration Agreement, subject only to the Exceptions To Informal Negotiations and Arbitration, Section 13(E), below. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
  2. Informal Negotiations. We try to address any disputes without the need to initiate a formal legal case. In an effort to accelerate resolution and reduce the cost of any Dispute between you and Kobo, you and we agree to make a good faith effort to resolve any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding, including having at least one telephone or videoconference conversation between you, personally, and us (collectively, the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Kobo has a Dispute with you, it will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with Kobo, you must notify us in writing at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your Kobo Account, and your residential address. The notice of Dispute must also include a description of the nature of the Dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the Dispute. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Kobo later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You and Kobo will personally appear at the conference telephonically or via videoconference; if you or Kobo are represented by counsel, counsel may participate in the conference, but you and Kobo will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple parties in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are mandatory preconditions to either party initiating a lawsuit or arbitration. If either party violates this Initial Dispute Resolution Period paragraph, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
  3. Binding Arbitration. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Kobo may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. To begin an arbitration proceeding, you must send us an email requesting arbitration and describing your claim to [email protected]. This email must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

    Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Rules effective as of the date of the Notice of Dispute, which are available at https://go.adr.org/consumer-arbitration, as modified by this Dispute Resolution and Individual Arbitration Agreement. If, for any reason, AAA is unable to administer the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA Rules.

    Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the AAA Rules.

    The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The arbitrator has the authority to issue any relief that may be available in law or equity. The decision of the arbitrator shall be final and binding on you and Kobo, and any award of the arbitrator may be entered in any court of competent jurisdiction.

    The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.

    If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Kobo agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

    You and Kobo hereby waive any right to a jury trial of any Dispute. The arbitration will be heard and determined by a single arbitrator. You and Kobo agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action.

    If any provision of this Dispute Resolution and Individual Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Dispute Resolution and Individual Arbitration Agreement shall continue in full force and effect. No waiver of any provision will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. Section 13 will survive the termination of your relationship with us. The foregoing severance provision shall not apply to the prohibition against class actions in Section 13(d) below. This means that if the prohibition against class actions is found to be unenforceable for any reason, the entirety of Section 13 of these Terms of Use (but only Section 13) shall be null and void.

  4. Class Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND KOBO AGREE THAT EACH PARTY MAY NOT BRING DISPUTES AGAINST THE OTHER PARTY IN A CLASS ACTION OR CLASS ARBITRATION. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including but not limited to requests for public injunctive relief.
  5. Exceptions to Arbitration. Notwithstanding the parties' decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court in the following instances:

    1. Where the action only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation; or
    2. Where the action is within the jurisdiction of small claims court. If an arbitration is filed, either party can send written notice to the opposing party and the applicable arbitration provider, or arbitrator, if appointed, that it wants the case decided by a small claims court. The party who has filed such Dispute in arbitration will, within ten (10) days of receiving such notice, withdraw their Dispute from arbitration after which the arbitration provider or arbitrator must close the case.
    3. Where the action is for provisional relief, including pre-arbitral attachments or preliminary injunctions, or to enforce the Initial Dispute Resolution Period, any such request shall not be deemed incompatible with this Dispute Resolution and Individual Arbitration Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Dispute Resolution and Individual Arbitration Agreement.

    Excluded claims are subject to the jurisdiction and applicable law provisions in Section 12 above.
  6. Exception - Mass Arbitration Process Requirements before NAM. Notwithstanding the parties’ decision to have arbitrations administered by AAA, if twenty-five (25) or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and We agree that it shall not be governed by AAA Rules or administered by AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. You and We agree that your and Our counsel shall engage in good faith and with the assistance of a Procedural Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the NAM to address reductions in arbitration fees.

    Notwithstanding anything to the contrary above, you and Kobo agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than AAA, you or Kobo may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Kobo agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Kobo acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Kobo agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason the provisions in this Section 13(F) only are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of Section 13(C) of this Dispute Resolution and Individual Arbitration Agreement.

  7. 30-DAY RIGHT TO OPT OUT: You have the right to opt out and not be bound by the Dispute Resolution and Individual Arbitration Agreement in this Section 13 by sending written notice of your decision to opt out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you agree to these Terms of Use; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 13. If you opt out of these arbitration provisions, Kobo will also not be bound by them.

Last updated: November 2025


APPENDIX TO THE TERMS OF USE

Product Data Information Page

Event Name Categorization of Event Description of the Event
WifiSetup n/a When the Wifi Setup screen is shown on EPD (i.e. Wifi Setup option has been chosen)
WifiToggle FTE System Wifi On/Off status. Triggered every time the user switches wifi on/off but not cases where wifi loses connectivity and reconnects.
DesktopSetup n/a When the desktop Setup Screen is shown on EPD (ie the "no wifi" option has been chosen)
Sign-in n/a When user requests sign in screen, or when sign in screen shown.
FailedSync Sync If a sync operation fails for any reason including cancellation
RemoveContent Library When user removes content from the library by undownloading (archiving) it or deleting it from the library
DownloadContent Library When user downloads a book from cloud to local storage. If DownloadAll is used, this event does not fire (e.g. do not fire event 50 times if DownloadAll is used on a 50 book library.
DownloadAll Library When user downloads all books from cloud to local storage using Download All functions.
Sideload Library When a user sideloads an epub
TimeSincePluggedIn Battery When a user plugs in their device to a computer. The system will capture how long it has been since the device was last plugged in, and also what battery level the device was plugged in at.
Annotations View ReadingExperience When user changes view in annotations view (EPD) only
/Settings When the user goes to settings screen on the EPD
TrackingOptOut Settings Event fired when user has opted in/out of tracking analytics on EPD
AutoColorToggled Light System Wifi On/Off status. Triggered every time the user switches wifi on/off but not cases where wifi loses connectivity and reconnects.
AmbientLightSensorToggled Light When a user disables auto brightness.
AddToCollection Library When a user selects the "Add to Collection" overflow menu item from either a library item overflow menu or the item details page overflow menu.
MainNavOption Home User clicks on the main nav on EPD.
Ascm Reminder Library If the user tries to sideload an ascm file instead of Adobe DRM EPUB/PDF< educate them that they need to use ADE (only prompt user once)
SyncReminder Sync If user has not synced in 60 days, show a dialog prompting them to sync (only prompt user once)
BatteryLevelAtSync Battery When user syncs, send up current battery level, (so this can be used to trigger CRM low battery email)
LaunchBetaFeature Settings When user click on a beta feature on EPD

Last updated: November 2025