Terms of Service

Last updated on June 1, 2024

Subject to these Terms of Service (this "Agreement"), AstralCode LLC ("AstralCode", "we", "us", "the Company", and/or "our") provides access to AstralCode's platform (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ASTRALCODE ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THIS AGREEMENT ALSO CONTAINS RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.

Introduction

Welcome to AstralCode.net ("the Website"), owned and operated by AstralCode LLC ("we," "us," or "our"), located at 522 W RIVERSIDE AVE STE N, SPOKANE WA 99201. By accessing or using the Website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use or access the Website. These Terms constitute a legally binding agreement between you and AstralCode LLC. They govern your use of the Website and any services, features, content, or applications offered on or through the Website (collectively referred to as the "Services"). Please read these Terms carefully before using the Website. By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website. We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

1. Registration, User Account, Password, Security and Eligibility

You certify that you are a person at least 13 years of age. You must provide truthful, accurate, and current information about yourself (including your email address) during the registration and account signup process (the “Registration Data”), and maintain and update your Registration Data so that it remains at all times accurate, current and complete. The truthfulness, and accuracy of such information, is at your sole responsibility.

As part of the account set-up and registration process, you will choose a login and a password. You will be solely responsible for maintaining the confidentiality and use of your password, and agree not to transfer your use of, or access to, the Service to any third party. You are fully and solely responsible for any and all activities that occur through your account. You may only use your account to access the Service, and any use of another’s user’s account may lead to revocation of your account. We cannot and will not be liable for any loss and/or damage resulting from any use of your account which is unauthorized. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to simultaneously reset your password.

2. License to the Service

Subject to and conditioned upon your acceptance of these Terms and your ongoing compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service solely for your own personal use. Please note that certain content and features of the Service will only be available for subscribed users who have paid a license Fee in accordance with Section 7 below.

Your license of, use of and access to the Service is conditioned upon your compliance with these Terms, including without limitation, the following Rules of Conduct.

3. Acceptable Use

You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws). You are solely responsible for any and all activities that relate to your account. Without derogating of the above, you may not use the Service in connection with any content (“Account Content”) that is illegal (in any applicable jurisdiction), or may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual or proprietary right of any party. We may terminate your access to and use of the Service immediately if you fail to comply with the above rules.

You will not, nor will you allow any third party to:

  1. Copy, distribute, modify, adapt, translate or otherwise create derivative works of the Service in any medium;
  2. Reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service, or the software used by us to operate the Service, the Website or the App, as applicable (collectively the “Software”);
  3. Rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Software or the Service;
  4. Remove any proprietary notices or labels on the Software or placed by the Service; or
  5. Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.

You will use the Software and Service solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Software and Service. The license will expire immediately upon failure to comply with these Terms. Upon such expiration, you must destroy all originals and copies of the Software and so certify in writing to us within 5 business days of termination and cease any further use of the Service; or access or attempt to access any content on the Service which is not available to you based on your subscription to the Services.

4. Intellectual Property Rights

The Service and the Software and all Intellectual Property Rights in the Service and Software are, and shall remain, our exclusive property. All rights in and to the Service and Software are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the Software and documentation, logos, trademarks, images, text, graphics, illustrations, audio, videos, music and trade secrets. You are only granted a limited license to access and use the Service as detailed in Section 2 above.

“AstralCode”, the Company’s logo and other graphics, logos, and service names are trade-names and trademarks of the Company. Such trademarks may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits the Company.

You agree not to (and not to allow any third party to):

  1. Use the trademarks, trade names, service marks, logos, domain names and other proprietary rights associated with the Service for any purpose without our express written consent;
  2. Register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or
  3. Remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or the Software.

We provide free access to the Website and its Services. We reserve the right to change, modify, or discontinue any aspect of the Website or Services at any time without notice. We may impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. You shall only use the Services made freely available to you for personal, non-commercial purposes. You may not use the Services for any commercial purposes without our express written consent.

5. User Content

While using the Service, you agree not to:

  1. Transmit any content that is, in any jurisdiction where so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable (including links to other websites showing any of the forgoing);
  2. Transmit any User Content that may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing ("Intellectual Property Right");
  3. Transmit any material that contains software viruses, worms, Trojan horses, defects, date bombs, time bombs or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. Disrupt or interfere with the security of, or otherwise abuse, the Service, its system resources, accounts, servers, or networks connected to or accessible through the Company or affiliated or linked websites or access, hack or deface any portion of the Company, tamper with or use non-public areas of the Company;
  5. Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity or as another client;
  6. Disrupt or interfere with any other user's use or enjoyment of the Service or affiliated or linked websites or use the account or password of others;
  7. Use any information obtained from the Service in order to harass, abuse, or harm another person;
  8. Express or imply that any statements you make are endorsed by us, without our prior written consent;
  9. Sublicense, sell, lease, or rent the Service, whether or not for consideration;
  10. Decompile, disassemble, or reverse engineer the Services;
  11. Share passwords and/or usernames and simultaneously access the Services, via the same password and/or username or otherwise.

You hereby acknowledge that you may only upload User Content that is in formats supported by the Service, as may be presented to you by the Company (as may be amended from time-to-time). User Content in non-supported formats may not display or work properly, and therefore you are required to convert any User Content into a supported format prior to uploading it. We reserve the right, at our sole discretion, to remove any User Content that is in a non-supported format.

Ownership and License in User Content

We do not claim ownership of any copyright in your User Content. You hereby represent towards AstralCode that you either own or have sufficient license to upload or use any User Content you upload to the Service. You continue to retain all ownership rights in such User Content. Notwithstanding the foregoing, by Transmitting User Content to the Service, you expressly grant, to AstralCode a non-exclusive, perpetual, irrevocable, worldwide royalty-free, sublicensable, transferable, license to use, reproduce, distribute, syndicate, publish, publicly perform, publicly display, modify, translate, edit and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, for use in connection with the Service and our AstralCode's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under these Terms of Use. Without derogating of the above, we may preserve User Content (including, Confidential Information) and may also, in our sole discretion, disclose any such User Content and the circumstances surrounding the Transmission or use thereof, in order to:

  1. Operate the Service;
  2. Protect the rights, property, or personal safety of the Company, our affiliates, contractors, employees, partners, licensors, and users or the public;
  3. Comply with legal obligations, governmental requests or other legal process;
  4. Enforce these Terms;
  5. Respond to claims that any content violates the rights of third-parties.

You hereby acknowledge that we may or may not screen User Content. AstralCode and its staff have the right, but no obligation, in its sole discretion, to remove any User Content. With no restriction to the mentioned above, AstralCode and its staff have the right to check, deny, or remove any User Content if it violates any of these Terms, or is otherwise objectionable. You agree that you must evaluate the use of any User Content uploaded by another user, and that you are responsible for the associated risks, including, any reliance on the mentioned User Content's accuracy, completeness, or usefulness.

  1. The Services may only be used for lawful purposes. You may not use the Services to engage in any illegal activity or to violate the rights of others.
  2. You may not use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  3. You shall not attempt to undermine the security or integrity of computing systems or networks of AstralCode, its partners, or any other person, and must not attempt to gain unauthorized access.
  4. You must not introduce software or automated agents or scripts into AstralCode's website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from AstralCode's website.
  5. You must not access AstralCode's website through automated methods, including any use of robots or other computer code which calls AstralCode's website.
  6. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in AstralCode's website (which includes its software and documentation) to a third-party, through framing or any other method.

The final decision of whether an account is in violation of any of these acceptable use terms is at the sole discretion of AstralCode. You agree that violations of this Agreement by yourself or any person or entity acting under your account will, in addition to any other remedies including criminal prosecution, result in termination of your access to AstralCode's website and removal (taking down) of all projects and deployments. In addition, violation of these terms or any of AstralCode's policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on AstralCode's website and Services.

5.1 DMCA Policy

AstralCode respects the intellectual property rights of others and expects you to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our designated copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA) (such act may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Upon receipt of such notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the web site or any Service. For your complaint to be valid under the DMCA, you must provide us with the following information when providing notice of the claimed copyright infringement:

  1. Identify the copyrighted work that you claim has been infringed (or a preventative list of the copyrighted works – if multiple copyrighted works are the subject matter of such notice).
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed.
  3. Include the following statements:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
    • "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  4. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  5. Provide your full legal name and your electronic or physical signature.

If you believe in good faith that a notice of copyright infringement has been wrongly filed by AstralCode against you, the DMCA permits you to send AstralCode a counter-notice. If a counter-notice is received by AstralCode, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against AstralCode or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

All claims of copyright infringement for the Site should be addressed to info@astralcode.net

6. Termination

You may cease using the Service at any time. We may terminate, modify or change the Service at any time, and without providing any prior notice. We may cease support and/or distribution of the Service at any time, or change the content that is available for each type of subscription or access to the Services, without providing any prior notice. We may also permanently or temporarily suspend and deactivate your account and/or your access to use the Service for any reason (without an obligation to provide you with such reason), and you shall not have any claim, demand or assertion towards us.

Any violation of these Terms may result, inter alia, in termination of your ability to access and use the Service. If you default in the performance of any of your obligations under these Terms we may immediately, without derogating from any other right we may have under these Terms and/or any applicable law, deactivate or suspend your account and/or your access to and use of the Service or any portion thereof and/or terminate these Terms. We shall not be liable to you or to any third-party for any termination of your access to the Service.

Upon expiration or termination of these Terms for any reason, all rights granted to you hereunder shall immediately terminate. The expiration or termination of these Terms shall not relieve you or us of any obligation intended to survive under these Terms including without litigation the obligations specified in Section 5 above.

7. Fees and Payment

If you sign up for a paid subscription plan, you shall pay to AstralCode in advance the fees detailed under the specific plan (“Fees”). The Fees are for the right to use the Service during the term specified under the specific plan, and do not include any other services. Unless otherwise explicitly detailed in these Terms, all amounts owed to AstralCode are non-cancellable and Fees paid are non-refundable. The Fees shall be due and payable immediately and as a condition to commence the use of the Service. AstralCode may use various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider. You are eligible for a refund if no more than 5 days passed since your last purchase and if no progress was done during this time period. AstralCode may, from time to time, require you to provide your payment details to start the trial subscription. By providing such details you agree that we may automatically begin charging you for the paid subscription on the first day following the end of the trial on a recurring basis based on the interval that you have chosen from our plans, that we disclose to you in advance.

8. Data Protection

Please visit our Privacy Policy to learn more about how we collect, use, and protect your personal information.

9. Idemnification

You will indemnify and hold harmless AstralCode against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any claim of infringement or misappropriation arising out of your websites or any of Your Content, or your other access, contribution to, use or misuse of the Services. AstralCode shall provide notice to you of any such claim, suit or demand. AstralCode reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting AstralCode's defense of such matter.

10. Use of Your Data

You shall own and retain all right, title and interest in and to Your Data. AstralCode may use and disclose Your Data solely to the extent necessary to provide the Services to you and for security to protect the Services and third parties from fraud, illegal activities, malware, malicious files or content, viruses and the like and for no other purpose. Otherwise, AstralCode will not sell, disclose, or share any Your Data (or any part or product thereof) with anyone else. AstralCode will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any Your Data.

11. Company Ownership

AstralCode shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing.

12. Feedback

To the extent you or any of your users provide any suggestions to AstralCode regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by AstralCode ("Feedback"), you hereby grant AstralCode a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for AstralCode to use and exploit in any manner and for any purpose.

13. Aggregate Data

AstralCode shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and AstralCode will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other AstralCode offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

14. Customer Name

During the term of this Agreement, you grant AstralCode a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in AstralCode's marketing materials and website(s) and to indicate that you are a AstralCode customer. AstralCode will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit.

Questions or Concerns

Any notice regarding these Terms of Service should be sent to info@astralcode.net.