TERMS OF SERVICE
1. The text of these Terms of Service, permanently posted on the Internet at https://astro-c.com (the “Terms”)
, contains all material terms and conditions and is an offer by ASTROCOACH LLC (TIN: 02863351, registration number 286.110.12306778, registered address: 2, V. Sargsyan St., 0010 Yerevan, Republic of Armenia) (the “Administrator”) to enter into an agreement with any third party (“User”, “You”) using the mobile application "Astro Coach" pursuant to terms and conditions specified in the text of these Terms. The text of these Terms is a public offer in accordance with Article 453(2) of the Civil Code of the Republic of Armenia.
2. The Astro Coach Mobile App (the "App" or “Application”) is software available to the User through the Apple App Store and the Google Play Store, subject to full compliance with these Terms. The Application is an informational application developed for mobile devices running the Apple iOS and Android operating systems.
3. The proper acceptance of this offer in accordance with Article 454 of the Civil Code of the Republic of Armenia is considered to be the consecutive implementation by User in the aggregate of all of the following actions:
3.1. Installation of the Application on the User's mobile device. Full and unconditional acceptance by the User of these Terms is the performance by User of actions aimed at using the Application, making a subscription, and other actions to use the functionality of the Application;
3.2. The User, by entering accurate and up-to-date information in the Application after installation, gives consent to the processing of his personal data.
4. Administrator ("we", "our") provides its services to you (described below) through its website located at astro-c.com and through its Application (also the "Service(s)), subject to these Terms (as amended from time to time). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do so, we will post the changes on this page and at the top of this page, we will indicate the date on which these Terms were last amended. We may also notify you through the Services user interface, push notification and/or warning, or by other reasonable means. Any such changes will take effect no earlier than fourteen (14) days after publication, except for changes related to new features of the Services or changes made for legal reasons, which will take effect immediately. If you continue to use the Service after the effective date of such changes, you thereby accept the new Terms.
Access and Use of the Service
5. Services Description: All of our Services are designed to create profiles about you or other users and what happens to you and other users based on astrology. In addition, the App contains a set of affirmations, meditations and mantras (recorded as audio tracks) for the user to listen to.
Your Use: The Services have been designed to provide useful, educational and informational materials related to astrology for your entertainment only. They are provided with the understanding that the Administrator does not provide psychology, health care or other personal professional services related to the Services. If you require personal assistance in the fields of psychology, health care, or other assistance or advice, please contact a competent professional. In particular, the Administrator does not assume any responsibility for any liabilities, losses or risks directly or indirectly arising from the use of the Services, including any action you take or refrain from taking as a result of reading the information obtained on the Service, as well as the actions of any users with whom you communicate through the Service. Further, the Administrator disclaims any legal responsibility for the reliability of any actions you take based on your use of the Service or in connection with your use of the Service.
7. Additional terms: In addition to the general registration obligations described above, the following additional obligations apply to the App: you must have an active App account; (2) you must be 18 years of age or older; (3) you must select the gender with which you identify; (4) you must add your date and time of birth; (5) you may upload a picture of your face; (6) you must select your birthplace.
8. Place of Conclusion and Performance of Agreement: hereby You and Administrator agree that country of state registration of the legal entity pertaining to Apple or Google companies group and possessing all rights in App Store (iOS) and Play Store (Android) online-markets, by which App or other Services are made accessible to You, shall be considered as place of conclusion and performance of agreement entered between You and Administrator as a result of Your accession to these Terms.
9. Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under or through your password. You agree to: (a) immediately notify the Administrator of any unauthorized use of your password or account or any other breach of security, and (b) ensure that, whenever you access the Service, you log out of your account at the end of each session. The administrator will not be liable for any loss or damage arising from your failure to comply with this Section.
10. Modifications to Service: The Administrator reserves the right to temporarily or permanently modify the Service (or any part thereof) or discontinue its operation with or without notice. You agree that the Administrator will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
11. General Practices Regarding Use and Storage: You acknowledge that the Administrator may create general practices and restrictions regarding the use of the Service, including, but not limited to, the maximum period of time that such data or other content will be stored on the Service and the maximum storage space to be allocated on Administrator's servers on your behalf. You agree that Astro Coach has no responsibility or liability for the deletion or failure to store data or other content stored on or uploaded to the Service. You acknowledge that the Administrator reserves the right to delete accounts that have not been active for more than a year. You further acknowledge that the Administrator reserves the right to change these practices and restrictions at any time, in its sole discretion, with or without notice.
12. Mobile Services: The Service includes certain services accessible from a mobile device, including (I) the ability to download content to the Service from a mobile device; (II) the ability to access the Service and the App from a mobile device through a browser; and (III) the ability to access certain features through the App (collectively, "Mobile Services"). To the extent you use the Service through your mobile device, applicable fees to your wireless network provider, data rates and other settings may apply. In addition, the downloading, installation or use of certain Mobile Services may be prohibited or restricted by your provider, and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to the Application and any other entities via text message, MMS, text message or any other electronic means of communication using your mobile device and that certain information about your use of the Mobile Services may be transmitted to us. If you change or deactivate your mobile number, you agree to promptly update the content in your account on the Services and ensure that your messages are not sent to the person using your old number.
13. Purchases: The Administrator may offer products and services that may be purchased in exchange for subscriptions or other fees ("subscription", "embedded purchase") through iTunes, Google Play, or other third-party payment platforms (collectively, "Third-Party Store") authorized by the Service. If you select a subscription or embedded purchase, you will be asked to confirm your purchase through the applicable payment system and your payment method (whether your card or a third-party account such as iTunes or Google Play) ("Your "Payment Method") will be charged the displayed prices for the service(s) that you have selected, similar to any transactions or similar taxes that may be charged on your payments, and you authorize the Administrator or third party account, whichever is applicable, to charge you. By subscribing or making an in-app purchase, you acknowledge that there may be additional terms attached to your use, access and purchase of a said subscription or in-app purchase, that such additional terms are incorporated herein by reference, and you agree thereto. The administrator assumes no responsibility or liability for any payment errors that may occur when using the Third-Party Store to complete a subscription or inline purchase. We encourage you to review the terms of any Third-Party Store before proceeding with a subscription or in-app purchase. In addition, you will be billed for each subscription or embedded purchase in the manner you choose, without interruption, until you cancel the subscription or embedded purchase subject to the Third-Party Store terms. Please note that features and information in a limited format are offered free of charge so that you can access and practice the offer before making purchases. The administrator encourages you to shop responsibly and carefully.
Please note that the Service may be used without a subscription, so canceling or terminating your subscription does not remove your account or profile from the Application. You must delete or terminate your account in accordance with the procedures set forth in the Application. In addition, the Administrator reserves the right to suspend or terminate any account WITHOUT refund for any subscription or in-app purchase for violation of these Terms and Conditions.
If you purchase a subscription, your subscription will automatically renew for the same subscription period and under the same subscription terms as the original subscription. To avoid any unwanted charges in the future, you must cancel your subscription prior to the expiration of any free trial period, subscription period, or renewal in accordance with the terms of this Service and third-party payment platforms, such as iTunes or Google Play. Please note that deleting your account and/or mobile app from your device does not automatically cancel your subscription.
14. Refunds: Depending on your device type, you make a purchase from either the App Store (iOS) or the Play Store (Android). The administrator does not handle these payments or refunds directly, so you must contact the store where the purchase was made to request a refund or get any assistance related to the payment. Your credit card statement will show that your purchase was for the Astro Coach App.
You may cancel your subscription without penalty or obligation at any time prior to midnight of the third business day from the date of your subscription. If you pass away before the end of your subscription period, your heir is entitled to a refund of a portion of any payment you made as part of your subscription when that portion of the payment relates to the period after your death. If you become disabled (such that you are unable to use the Administrator's services) before the end of your subscription period, you are entitled to a refund of a portion of any payment you made as part of your subscription when that portion of the payment relates to the period after you become disabled, by notifying the company in the same manner as a refund request, described below.
We carefully provide free access to a number of features to help users decide on a satisfactory purchase. However, if you are dissatisfied or have made a purchase in error, follow the instructions below to request a refund:
Play Store / Android device users: Google Play Support
App Store / iOS device users: Apple Support
Conditions of Use
15. User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sounds, photographs, graphics, messages, and other materials ("Content") that you upload, post, publish, distribute or display ("uploads"), email or otherwise use through the Service.
The following are examples of content and/or uses that are illegal or prohibited on the Application. The Administrator reserves the right to investigate or take appropriate legal action against anyone who, in the sole discretion of the Administrator, violates this provision or any other provision contained in these Terms or any related Rules and Regulations published on this Service, including but not limited to (1) removing offensive content from the Service; (2) blocking certain IP addresses; (3) suspending or terminating the accounts of such violators; and (4) reporting violators to the appropriate authorities. Please note that all such actions may be taken without prior notice to the offending party/user. You agree not to use the Service to email or otherwise download content that:
- violates the intellectual property rights or other proprietary rights of any party;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- poses or poses a risk to the privacy or security of any person;
- constitutes unauthorized advertising, promotional material, commercial activity and/or sales, "junk mail", "spam", "chain letters" "pyramid schemes", "contests", "sweepstakes" or any other form of intrusive messages;
- is illegal, harmful, contains threats, insults, harassment, violence, vilification, obscenity, pornography, slander, invasion of another person's privacy, racial or ethnic hatred or other intolerable expressions;
- solely at the discretion of the Administrator is inappropriate, restricts or prevents any other person from using the Service, or could cause the Administrator or users of its Services harm or expose them to the liability of any kind;
- interferes with the operation of the Service, servers or networks associated with the Service, or is not subject to any requirements, procedures, policies or regulations of networks associated with the Service;
- violates any applicable local, regional, national or international law or any rules having the force of law;
- depersonalizes any person or entity, or falsely claims that you are associated with any person or entity, or falsely represents that association in some other way;
- asks for personal information from anyone;
- collects email addresses or other contact information of other users from the Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
- advertises or offers to sell or buy any goods or services for any business purpose for which permission has not been separately obtained;
- promotes any criminal activity or provides information that guides criminal activity;
- creates new accounts after deletion from the service without obtaining special permission from the Administrator;
- accesses or attempts to access or otherwise obtain any materials or information by any means unintentionally made available or provided through the Service;
- contains insults, harassment, threats, or is otherwise unacceptable when communicating with the Administrator's customer service.
The Administrator has a zero-tolerance policy regarding inappropriate User Conduct and will take the necessary steps to actively enforce this policy.
16. No Criminal Background or Identity Verification Checks: The administrator does not conduct criminal background or identity checks on users of this Service. Please use common sense and sound judgment when communicating with other users of this Service.
You understand that the Administrator does not conduct criminal background or identity checks on the users of this Service and does not otherwise request information about the background of its users. The administrator makes no representations or warranties as to the behavior, identity, intentions, truthfulness of users, or the legality of their actions.
Although the Administrator endeavors to encourage and ensure that users are treated with respect, the Administrator is in no way responsible for the behavior of any user on or off the Service.
17. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
Third-Party Distribution Channels
18. The Administrator offers Software Applications that can be found in the App Store for Apple, the Play Store for Android, or other distribution channels ("Distribution Channels"). These Terms apply only between you and the Administrator, without the participation of the Distribution Channel. If you receive such software through a Distribution Channel, additional Distribution Channel terms may apply to you. To the extent that you use any other third-party products or services in connection with your use of our Services, you agree to be bound by all applicable terms of any agreement for such third-party products or services.
19. Administrator and you acknowledge and agree that Apple and Google as well as Apple's and Google’s subsidiaries for these Terms for Apple-provided or Google-provided Programs are third party beneficiaries, and that, upon your acceptance of the terms of these Terms, Apple or Google, as a third party beneficiary under these Terms, will have the right (and Apple or Google will be deemed to have accepted the right) to enforce these Terms with respect to you as it affects Apple-provided or Google-provided Programs.
Intellectual Property Rights
20. Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly permitted by Administrator, you agree not to modify, copy, develop, create a related nuisance, rent, lease, loan, sell, distribute or create derivative works based on the Service or Service Content, in whole or in part; except that the foregoing shall not apply to your own User Content (as defined below) that you lawfully upload to the Service. In connection with your use of the Service, you do not engage in data collection, robotics, obfuscation, or similar data collection or extraction practices. If the Administrator blocks your access to the Service (including by blocking your IP address), you agree not to take any measures to circumvent such blocking (for example, by hiding your IP address or using a proxy IP address). Any use of the Service or Service Content other than through a separate authorization as described herein is strictly prohibited. The technology and programs upon which the Service operates, or the technology and programs distributed in connection with the operation of the Service, are the property of the Administrator and our partners ("Programs"). You agree not to copy, modify, create derivative works from, reprogram, reassemble or otherwise attempt to discover the source code, sell, assign, sublicense or otherwise transfer any rights in the Programs. Any rights not expressly granted herein are reserved by the Administrator.
Astro Coach's name, logos, trademarks, and service marks of Administrator (collectively, the "Astro Coach Trademarks").
Nothing in these Terms or the Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Astro Coach Trademarks displayed on the Service, without prior written permission in each case. All goodwill arising from the use of the Astro Coach Trademarks will be for our benefit only.
21. Third-Party Material: Under no circumstances will the Administrator be liable in any way for any content or material of third parties (including users), including, without limitation, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that the Administrator does not pre-screen Content, but that the Administrator and its representatives will have the right (but not the obligation) in their sole discretion to reject or remove any content available through the Service. Without limiting the foregoing, the Administrator and its representatives will have the right to remove any content that violates these Terms or that the Administrator, in its sole discretion, has otherwise deemed inappropriate. You agree that you must evaluate and bear the risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
22. User Content Transmitted Through the Service: With respect to content and other materials that you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and advertising rights therein. By downloading any User Content, you hereby grant or will grant Administrator a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, download, perform, distribute, store, modify or otherwise use your User Content in connection with the Service or promotion, advertising and marketing work related to the Service, in any form, through any means or technologies available now or to be developed later.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Suggestions") that you submit to the Administrator are not confidential and that the Administrator will be free to use and distribute those Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Administrator may retain content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) implement these Terms; (c) respond to claims that any content violates the rights of third parties; and (d) protect the rights, property or personal safety of the Administrator, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) modifications necessary to comply with or adapt to the technical requirements of connecting networks or devices.
You acknowledge and agree that you have full rights to any User Content created within the Service that may be posted or distributed outside of the Service through social media or third-party websites. Please exercise caution before uploading or sharing any User Content.