Terms of use

Last Updated: May 18, 2024

These Terms of Service (these “Terms”) apply to your access and use of: (1) our website located at astralastrology.com; (2) our mobile application (“App”); and (3) any services, content, and features made available by us through the Websites or the App (together with the Website and the App, our “Services”). In these Terms, “Astral Astrology,” the “Company,” “Astral,” “we,” “us,” and “our” refer to Astral Astrology and our affiliates, successors, and assigns; and “you” and “your” refer to any user of our Services.

IMPORTANT NOTICE: SUBSCRIPTION SERVICE

ASTRAL ASTROLOGY OFFERS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS. BEFORE YOU START A FREE TRIAL OR COMPLETE A PURCHASE FOR OUR AUTO-RENEWING SUBSCRIPTION SERVICE, PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, ESPECIALLY SECTION 6, "SUBSCRIPTION FEES AND PAYMENT POLICY."

TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION OR FREE TRIAL IN YOUR APP STORE'S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD OR FREE TRIAL.

IF YOU NEED ASSISTANCE WITH CANCELING A SUBSCRIPTION OR FREE TRIAL, PLEASE VISIT THE SUPPORT PAGES FOR YOUR RESPECTIVE APP STORE (APPLE SUPPORT, GOOGLE PLAY HELP, ETC.). NOTE THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS OR FREE TRIALS. WE RECOMMEND SAVING THIS INFORMATION FOR FUTURE REFERENCE.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

1. ACCEPTANCE OF TERMS

1.1. Your access and use of our Services are subject at all times to these Terms and our Privacy Policy located at astralastrology.com/privacy, which is incorporated herein by reference. Please read these Terms carefully. By using the Services, you represent that you are legally able to enter into this agreement. By accessing or using our Services in any way or by clicking to accept or agree to the Terms when this option is made available to you, you agree to be bound by these Terms.

1.2. Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

1.3 THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 7), LIMITATION OF LIABILITY (SECTION 8), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 11.9, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 11.

1.4. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP, ACCESS THE WEBSITE, OR OTHERWISE USE THE SERVICE.

2. IMPORTANT DISCLAIMERS

2.1. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

2.2. THE CONTENT PROVIDED IN THE APP AND ON THE WEBSITE IS NOT SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED AS A GENERAL INFORMATION AND ENTERTAINMENT RESOURCE AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU ACKNOWLEDGE THAT ANY ACTIONS YOU TAKE BASED ON THE INFORMATION PROVIDED BY THE SERVICE ARE AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES ARISING FROM SUCH ACTIONS, INCLUDING ANY IMPACT ON YOUR HEALTH, LIFE, AND WELL-BEING.

2.3. INFORMATION PROVIDED THROUGH OUR SERVICE IS FOR ENTERTAINMENT AND GENERAL INFORMATION PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT, (B) FINANCIAL OR INVESTMENT ADVICE, OR (C) LEGAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY SPECIFIC MATTER. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK. ANY DECISIONS YOU MAKE BASED ON THE INFORMATION PROVIDED BY THE SERVICE ARE YOUR SOLE RESPONSIBILITY.

3. Modification of Terms

We may update these Terms from time to time at our sole discretion and without prior notice, in accordance with applicable law. The date of the most recent update is indicated at the beginning of these Terms. When we make changes to these Terms, we will post the updated version on our Services. It is your responsibility to review the updated Terms to decide whether to continue using our Services. Your continued use of the Services after any updates to the Terms signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop accessing and using the Services. Unless explicitly stated otherwise, any new features or enhancements to the current Services shall be subject to these Terms.

4. Age Restrictions and Parental Consent

Our Services are not designed for children under the age of 16. If you are under 16, you are not permitted to create an account or use the Services. Where applicable law requires, users between the ages of 16 and 18 may only use the Services with the explicit consent and supervision of a parent or legal guardian. If you do not fulfill these age requirements, you must not access or use the Services.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Content

All text, images, graphics, logos, button icons, software, scripts, data, compilations (meaning the collection, arrangement, and assembly of information), and other content available on the Service (collectively, "Content"), including the App and Website, are the property of Astral Astrology or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 License to Use the Service

Subject to your compliance with these Terms, Astral Astrology grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 Restrictions

You may not: (a) copy, modify, or create derivative works of the Service or any Content; (b) use the Service or Content for any commercial purposes without our express written permission; (c) distribute, transmit, publicly display, publicly perform, or republish any Content; (d) remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service; or (e) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

5.4 Trademarks

The trademarks, service marks, logos, and trade names (collectively, the "Trademarks") displayed on the Service are the registered and unregistered trademarks of Astral Astrology and its licensors. All Trademarks not owned by us that appear on the Service are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Astral Astrology or the third party that may own the applicable Trademark.

5.5 User Content

You retain ownership of any content, such as text, data, and images, that you submit or post to the Service ("User Content"). By submitting User Content to the Service, you grant Astral Astrology a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Astral Astrology's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service in any media formats and through any media channels.

5.6 Reporting Infringements

If you believe that any content on the Service infringes your intellectual property rights, please contact us immediately at contact@astralastrology.com with the following information: (a) a description of the intellectual property rights that you claim have been infringed; (b) a description of the content that you claim is infringing and where it is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property rights owner or authorized to act on the owner's behalf.

6. Subscription fees and payment policy

6.1. Purchases and Payments

We provide products and services for purchase via the Apple App Store, Google Play, and other external services authorized by Astral (each an "external service"). Any transactions completed through an external service will be processed through your account ("External Service Account") with that service, following the terms disclosed at the time of purchase as well as the general terms applicable to your External Service Account. Depending on your location, some external services may apply sales tax, which may vary over time.

Any offer for any product or service made on our Services is void where prohibited.

6.2. Fees and Charges

Astral may currently, or in the future, impose subscription or service fees for accessing certain features or using the Services. You agree to pay all applicable fees for any products or services you purchase through the Services at the prevailing rates (including any applicable taxes) and adhere to Astral's payment terms effective at the time of purchase. Astral reserves the right to modify the fees for the use of the Services or specific features or to introduce new charges at any time. Should there be any changes to the fees for products or services associated with your account, Astral will provide you with advance notice of such changes, which may be communicated through a message on or within the Services.

You authorize the App Stores and other external services to charge the applicable fees for the Services to the payment card that you submit.

6.3 Free trial

The Company may offer a free trial period for certain subscriptions. If you sign up for a free trial and do not cancel before the trial period ends, the trial will automatically convert into a paid subscription. Your Payment Method set up in your External Service Account will be charged automatically. Charges will continue until you cancel the subscription through your External Service Account.

6.4. Eligibility for Free Trials

If you have previously signed up for a free trial through the Apple Store or Google Play Store, you may not be eligible for another free trial. In such cases, you will be automatically enrolled in a paid subscription and charged accordingly, as described in these terms.

6.5. Automatic Renewal

Subscriptions purchased through Astral Astrology will automatically renew at the rate agreed upon at the time of subscription unless canceled. This renewal will continue until you cancel, following the terms disclosed at the time of purchase and the general terms applicable to your External Service Account.

6.6. Cancellation of Subscription

To cancel your subscription, you must log into your External Service Account and follow the provided instructions.

Upon cancellation, you will retain access to subscription benefits until the end of the current subscription period. After this period, the subscription will expire.

6.7. Refunds

6.7.1 Apple App Store Refunds

If you purchased your subscription or made an in-app purchase through the Apple App Store and wish to request a refund, you must follow Apple's refund policy and procedures. To request a refund, please follow these instructions. Apple processes all refunds for purchases made through its platform, and Astral does not have the ability to grant refunds for these transactions.

6.7.2 Google Play Refunds

If you purchased your subscription or made an in-app purchase through Google Play and wish to request a refund, you must follow Google Play's refund policy and procedures. To request a refund, please follow these instructions. Google processes all refunds for purchases made through its platform, and Astral does not have the ability to grant refunds for these transactions.

6.7.3 Website Purchases

If you purchased a subscription or service directly through our website, you may request a refund by contacting our customer support team at contact@astralastrology.com. Refunds will be processed in accordance with our refund policy, and we reserve the right to deny any refund request that does not comply with our policy.

Refunds will only be granted under the following conditions:

  • The refund request is made within 14 days of the purchase date.
  • There is a demonstrable issue with the Service that prevents you from accessing the purchased features or content.
  • You have not violated any terms of use or engaged in any prohibited activities.

Certain items are non-refundable, including:

  • One-time purchases or special offers.
  • Services that have been fully delivered or used.
  • Any fees paid for external services or platforms.

Refunds will be processed using the original payment method. Please allow up to 10 business days for the refund to appear on your account. If you do not see the refund after this period, please contact your bank or payment provider for further assistance.

For any questions or concerns regarding refunds, please contact our customer support team at contact@astralastrology.com.

7. Limitation of liability

IN NO EVENT WILL ASTRAL ASTROLOGY, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND. WE WILL NOT BE LIABLE FOR DAMAGES UNDER ANY LEGAL THEORY. WE WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. ASTRAL ASTROLOGY IS NOT LIABLE FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA. WE ARE NOT LIABLE FOR ANY DAMAGES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL. CONDITIONS BEYOND OUR REASONABLE CONTROL INCLUDE, WITHOUT LIMITATION, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES, ACTS OF GOD, AND ACTS OF TERRORISM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Disclaimer of warranties

ASTRAL ASTROLOGY PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

ASTRAL ASTROLOGY DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

ASTRAL ASTROLOGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTRAL ASTROLOGY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Indemnification

Should you violate these Terms; misuse the Services, including, but not limited to, your User Content; any use of the Services’ content, services, and products other than as expressly authorized in these Terms; or use any information obtained from the Services in violation of these Terms, you agree to defend, indemnify, and hold harmless Astral Astrology, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

California Residents: You expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. Governing Law

10.1. Governing Law

The laws of Australia, excluding its conflicts of law principles, govern these Terms and your use of the Service.

10.2. Jurisdiction:

To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:

10.2.1. The state and federal courts in the State of Delaware – if you are a resident of the United States; or

10.2.2. The federal and state courts in the jurisdiction of your residence in Australia – if you are a resident of Australia; or

10.2.3. The courts of Australia – if you are not a resident of the United States or Australia;

You hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.

11. Dispute Resolution

11.1 IMPORTANT DISCLAIMERS

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

YOU AND ASTRAL ASTROLOGY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.

11.2. MANDATORY DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER:

For any and all controversies, disputes, demands, claims, or causes of action between you and Astral Astrology (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and Astral Astrology agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. Arbitration is a legal process to resolve disputes which is outside of the court system.

11.3 Notification of dispute

In the event of any such controversy, dispute, demand, claim, or cause of action, the complaining party must notify the other party in writing. Within 30 days of such notice, both parties agree to use reasonable efforts to attempt to resolve the dispute in good faith. If both parties do not resolve the dispute within 30 days after such notice, the complaining party must seek remedies exclusively through arbitration. The demand for arbitration must be made within a reasonable time after the controversy, dispute, demand, claim, or cause of action in question arose, and in no event may it be made after two years from when the complaining party knew or should have known of the controversy, dispute, demand, claim, or cause of action.

11.4. Arbitration Procedure for US Users

The arbitration will take place in the federal judicial district of your residence. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.

11.5 Arbitration Procedure for Non-US Users:

For users outside the United States, the arbitration will take place in the jurisdiction of Australia. The arbitration will be conducted before one arbitrator from the Australian Centre for International Commercial Arbitration (“ACICA”) with substantial experience in resolving commercial contract disputes. The arbitration will be governed by the ACICA Arbitration Rules.

11.6. Review and Exceptions to Arbitration

You should review this provision carefully. To the extent permitted by applicable law, you agree to resolve disputes through arbitration and waive your right to do so through a court, including the right to assert or defend your rights in court, EXCEPT for matters that you file in small claims court in the state or municipality of your residence or as otherwise provided in the Rules and Procedures within the jurisdictional limits of the small claims court, as long as such matter is only pending in that court.

Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence to maintain the status quo pending arbitration. Each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purposes. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, but the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

1.7. Arbitration Rules and Procedures

You and Astral Astrology must abide by the following rules:

  • (A) Any claims brought by you or Astral Astrology must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding;
  • (B) The arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief;
  • (C) Astral Astrology will pay as much of your filing and hearing fees in connection with the arbitration as required by the relevant rules and/or as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
  • (D) Astral Astrology also reserves the right, in its sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration;
  • (E) The arbitrator will honor claims of privilege and privacy recognized at law;
  • (F) The arbitration will be confidential, and neither you nor Astral Astrology may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award;
  • (G) Subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and
  • (H) Each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

11.8. Survival and Severability of Arbitration Provisions:

This section will survive termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (A) and (B) of this section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (A) or (B) of this section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Astral Astrology will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

11.9. Opt-Out Provision:

If you wish to opt out of this arbitration provision, you must notify us of your election in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to these Terms by sending a written notice to us by certified mail at the following address:

    Astral Astrology, Attn: Arbitration Opt-Out
    C/- Moser Bland & Co. Suite 504 Level 5
    31 Market Street, Sydney, NSW 2000 Australia

Your opt-out notice must include your name, address, phone number, and email address.

11.10. More Information:

For more information on the American Arbitration Association (AAA), the Rules and Procedures, or the process for filing an arbitration claim, you may contact the AAA at:

    Phone: +1 800 778 7879
    Website: www.adr.org

For more information on the Australian Centre for International Commercial Arbitration (ACICA), the Rules, or the process for filing an arbitration claim, you may contact ACICA at:

    Phone: +61 2 9223 1099
    Website: www.acica.org.au

12. Geographic Restrictions

Astral Astrology makes no representation that the Service is accessible, appropriate, or legally available for use in your jurisdiction. Accessing and using the Service is prohibited from territories where such actions would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

13. Privacy

For information on how we collect, use, store, and disclose your data in connection with the Services, please review our Privacy Policy. The Privacy Policy is available at: astralastrology.com/privacy. By accessing or using the Services, you agree to the practices described in our Privacy Policy and consent to our handling of your information as outlined therein.

14. Prohibited uses

You may use the Services only for lawful purposes and in accordance with these Terms. If applicable law prohibits your access or use of the Services, you are not authorized to access or use them. We are not responsible if you access or use the Services in a manner that violates applicable law. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • In a manner that violates the content standards set out in these Terms when you send, knowingly receive, upload, download, use, or re-use any material that violates these Terms or applicable law.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, spam, or other solicitation.
  • To impersonate or attempt to impersonate Astral Astrology, an Astral employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Astral Astrology or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

15. Terminating or Suspending an Account

Astral Astrology reserves the right, at our sole discretion, to suspend, limit, or terminate your Account and your access to or use of the Services at any time, for any reason, without notice or liability to you.

You may terminate your Account and cease using the Services at any time by notifying us at contact@astralastrology.com and providing sufficient information to verify your identity. Upon termination of your Account, you must stop all use of the Services immediately.

Termination of your Account will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive the termination of your Account will continue to apply after such termination.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability

No waiver by Astral Astrology of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Astral Astrology to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

18. Notices

We will send all notices and other communications regarding the Services to you using the contact information you provided during your Account registration, as updated by you from time to time, or by posting the notice on the Services. You may change your contact information by updating your Account profile through the Services. Except as otherwise provided by applicable law, you will be considered to have received a notice from us regarding the Services when we send it to you via the contact information we have on record or when we post such notice on the Services. All notices to us that are intended to have a legal effect must be in writing and delivered by a means evidenced by a delivery receipt, to the following address: Astral Astrology, C/- Moser Bland & Co. Suite 504 Level 5, 31 Market Street, Sydney, NSW 2000, Australia. All such notices are deemed effective upon documented receipt by us.

19. Entire Agreement and Other General Terms

These Terms and any policies or operating rules posted by us on the Apps, Websites, or in respect to the Services constitute the entire agreement between you and Astral Astrology with respect to the Services. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The section headings used herein are for convenience only and will not be given any legal import.

20. Contact Us

If you have any questions regarding these Terms or the Services, please contact us at contact@astralastrology.com.