Astrospheric Privacy Policy & Terms of Use

Effective Date: December 2024

Previous Privacy Policy and Terms of Use

By using any of Astrospheric LLC's services (the "Service"), you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy and Terms of Use. We reserve the right to modify these terms at any time without prior notice. Your continued use of the Service constitutes acceptance of any changes.

Privacy Policy | Terms of Use

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Privacy Policy

At Astrospheric LLC, we prioritize your privacy. Here's what you need to know:

• No Selling Data: We never sell, trade, or rent your data to third parties.
• No Tracking Cookies: We do not place 3rd party tracking cookies on your browser or device.
• Telemetry Collection: We collect non-identifiable usage data for internal purposes, such as improving our services and features. This data is private to Astrospheric LLC.
  • Note: If you contact Astrospheric via the in-app feedback tool, your telemetry key is shared allowing Astrospheric to debug issues.

If you are an admin of a public Subspace group (a group visible on the map), your email and name may be shared if requested.

We may update this policy periodically. Continued use of our services after updates signifies your acceptance.

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Terms of Use

1. Acceptance of Terms

By accessing or using Astrospheric's Service, you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of the Service immediately. Astrospheric reserves the right to modify these Terms at any time without prior notice. Your continued use of the Service constitutes acceptance of any changes.

2. Use of the Service

• User Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Disclaimer of Warranties

• Informational Purposes Only: The information provided on the Service is for informational purposes only and is not intended as professional advice.
• No Guarantee of Accuracy: While Astrospheric endeavors to provide accurate and reliable information, we do not guarantee the accuracy, completeness, or reliability of any data or content presented on the Service. No weather forecast is 100% accurate!

4. Limitation of Liability

• Assumption of Risk: You are solely responsible for any decisions made based on the information provided by the Service. Astrospheric shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Service.
• No Liability for Activities: Astrospheric is not responsible or liable for any harm, injury, or damage resulting from your activities, including but not limited to viewing solar eclipses or engaging in outdoor activities based on our forecasts.

5. Indemnification

You agree to indemnify, defend, and hold harmless Astrospheric, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney's fees) arising from or related to your use of the Service or violation of these Terms.

6. Intellectual Property Rights

• Ownership of Assets: All computed assets, visual maps, forecasts, private APIs, and other proprietary content are owned exclusively by Astrospheric and are protected by intellectual property laws.
• Prohibited Use: Unauthorized use, reproduction, distribution, or exploitation of Astrospheric's assets, APIs, or content outside of the Service is strictly prohibited and may result in termination of access to the Service and/or legal action and fees.

7. User Conduct

• Compliance with Laws: You agree to use the Service in compliance with all applicable laws and regulations.
• Prohibited Actions: You shall not attempt to interfere with the operation of the Service, access data not intended for you, or use any automated means to access the Service without prior permission.

8. Solar Eclipse Viewing

• Risk Acknowledgment: Viewing a solar eclipse can cause serious eye damage. You acknowledge and agree to take all necessary precautions, including using proper eye protection, when viewing a solar eclipse.
• No Liability: Astrospheric is not responsible for any harm or injury resulting from your decision to view a solar eclipse.

9. App Support and Compatibility

• Supported Devices: Astrospheric supports the latest production versions of iOS/iPadOS and Android operating systems as provided by Apple and Google.
• Changes in Support: Astrospheric reserves the right to discontinue support for older operating system versions at any time without notice.
• No Support for Modified OS: Devices running jailbroken or otherwise modified operating systems are not supported.
• Further details on supported system can be found here.

10. Modifications and Termination

• Service Changes: Astrospheric reserves the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
• Termination: We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in King County, Washington.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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Additional Terms for Specific Features

Favorites and Community Favorites

It is your responsibility to keep your account credentials safe and private. Astrospheric is not responsible for lost or stolen account information regardless of how the information was obtained.

Users who view Community Favorites agree to the following:

• You are solely responsible for decisions made based on Community Favorites data. Astrospheric is not liable for any damages that may occur from information learned through the community.
• Content belongs to the community member who posted it. Astrospheric is not responsible for validating any data (images or text) shown in Community Favorites beyond ensuring offensive material isn't present.
• Content is not to be taken or represented outside of Astrospheric without express permission of the owner.

Users who submit Community Favorites agree to the following:

• You attest that your contribution is accurate and that you have the rights to distribute the details and media you've added.
• Your contribution must not contain offensive material and should be appropriate for all audiences.
• You grant Astrospheric a non-exclusive, royalty-free license to use, display, and distribute your content within the Service.
• Astrospheric reserves the right to remove content that violates these terms, or for any reason at all.

Subscriptions

By purchasing a subscription for Astrospheric Professional, you agree to the following terms and conditions:

1. No Refund Policy
   • Non-Refundable Subscriptions: All subscription purchases are final. Astrospheric does not provide refunds for subscriptions under any circumstances.
   • Third-Party Refund Requests: While Astrospheric does not offer refunds, you may request a refund from the app store through which the subscription was purchased, subject to their refund policies. More details on managing a subscription can be found here.
2. Subscriptions intended for one individual
   • Subscription purchases are intended and licensed to one individual. Sharing of a subscription is not allowed and may result in your subscription being cancelled or transferred to the last person seen using the subscription. Astrospheric does not provide refunds in this situation.
3. Cancellation and Access
   • Continued Access Upon Cancellation: If you choose to cancel your subscription or not renew, you will retain access to the subscription features until the end of the current billing cycle.
   • Example: If you cancel seven days into a one-month subscription, you will continue to have access to subscription features for the remaining 23 days.
   • No Refunds for Cancellations: Refunds will not be granted for canceled subscriptions.
   • Immediate Termination Upon Refund from App Store: If you receive a refund from the app store, all subscription benefits will terminate immediately.
4. Service Delivery and Technical Issues
   • No Guarantee of Uninterrupted Service: Astrospheric strives to provide timely weather alerts and forecasts. However, technical issues—including but not limited to service outages, third-party service disruptions, device compatibility issues, and delays in weather data from NOAA and the CMC may occur.
   • No Refunds for Service Interruptions: Refunds will not be granted due to service interruptions, delays, or technical issues.
5. Changes to Data and Features
   • Modification of Subscription Content: Astrospheric reserves the right to modify, replace, or remove any data or features within the subscription offering at any time without prior notice, due to licensing agreements or other restrictions.
   • No Refunds for Content Changes: Refunds will not be granted as a result of any changes to subscription content.
6. User Responsibility for Settings Configuration
   • Proper Setup Required: Users are responsible for correctly configuring weather alerts and device settings to receive push notifications and other subscription features.
   • No Refunds for Misconfiguration: Refunds will not be granted if subscription features are not utilized due to incorrect settings or user oversight.
7. Subscription Management
   • Auto-Renewal Policy: Subscriptions are managed through the Google Play Store or Apple App Store and will auto-renew unless canceled by you.
   • User Responsibility for Cancellation: It is your responsibility to manage and cancel subscriptions if you do not wish to renew.
   • No Refunds for Failure to Cancel: Refunds will not be granted if you fail to cancel your subscription before the renewal date.
8. Accidental Purchases
   • Purchases are Final: All purchases made through the Google Play Store or Apple App Store are considered final.
   • No Refunds for Accidental Purchases: Refunds will not be granted for accidental purchases made by you or anyone with access to your device.
9. Limitation of Liability
   • No Liability for Indirect Damages: Astrospheric shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the subscription services.
   • Maximum Liability: In no event shall Astrospheric's total liability exceed the amount paid by you for the current subscription period minus fees collected by the appropriate app store.
10. Governing Law
    • Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.
11. Acceptance of Terms
    • Binding Agreement: By purchasing a subscription, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Subspace

Subspace allows for social networking among astronomy clubs, societies, and other special interest groups. By using Subspace, you agree to the following terms:

• Astrospheric is not responsible for group content or members.
• Group administrators are responsible for managing their groups and content.
• Group admins and members are responsible for keeping their group join code private.
• Group admins have access to group members' email addresses.
• Public events must be astronomy-related and welcoming to the community.
• Astrospheric may remove posts, events, or groups, or change group entitlement at any time if the group is found to not be positively contributing to the community or for whatever reason.

Public Subspace channels such as "Astrophotography" strictly follow Subspace terms. Moderators are free to remove any post and block any user they feel is not positively contributing to the channel.

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Clear Skies,
Daniel Fiordalis
Astrospheric LLC