Terms of Service
Last updated: June 11th, 2024
Welcome to Astarto Group! We’re so happy to have you here. These Terms of Service (“Terms”) govern your use of Astarto Group and the software, content, and services (collectively, “Services”) provided through our informational website, https://astartogroup.com/, its subdomains (the “Website”), and any mobile applications developed by the company.
Please read these terms carefully before you start using the Services.
The terms “us” or “we” refer to Astarto Group, a software company that designed and built the software, incorporated in Cyprus, and operating in Cyprus.
The term “device” refers to the device used to access the Services including but not limited to computers, smartphones and tablets.
The term “you” refers to the user of the Services.
When you sign up for our Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is info@astartogroup.com. All correspondence to Astarto Group including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND ASTARTO GROUP AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ASTARTO GROUP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES Astarto Group offers a self-help program based on communication with your personal chatbot through a text and voice interface.
1.1. Medical disclaimer
Astarto Group is a developer of software and content designed to improve your mood and emotional well-being. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that. While there is third party evidence from research that certain conversation techniques implemented in Astarto Group can assist in the recovery process for a wide array of conditions, Astarto Group makes no claims, representations or guarantees that the Services provide a therapeutic benefit.
1.2. Emergencies Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.
1.3. Modifications to the Services We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Astarto Group will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.
2. MEMBERSHIP & SUBSCRIPTIONS 2.1. Becoming a member You will be required to register (“create an account”) with Astarto Group and become an Astarto Group Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy.
2.2. Once a member 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 your password or account. You agree to (a) immediately notify Astarto Group of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Astarto Group will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3. Your membership As an Astarto Group Member, you will receive access to content, features, and functions of the Services that are not available to non-members.
By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from Astarto Group commercial emails by following the opt-out instruction in these emails. Astarto Group
memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
2.4. Subscriptions 2.4.1. Choosing a subscription program Once you become an Astarto Group Member, you can choose one of the subscription programs offered by Astarto Group:
● “Free Use”: a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who cannot afford any of our subscription-fee-based programs. We reserve the right to deny the free use to anyone at any time at our own discretion.
● “Pro”: a subscription-fee-based program, which gives full access to the Services.
You can become a subscriber to a paid subscription program (b) or (the “Paid Subscriptions”) by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).
2.4.2. Maintaining a Paid Subscription Any of our paid subscriptions shall be paid in monthly, or annual installments and processed by the App marketplace partner through which you originally acquired the subscription.
You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription within 7 days after the due date, you will automatically downgrade to “Free Use”.
The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing the following subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.
If you purchase a subscription through our website, you may cancel it by sending a request to our email address info@astartogroup.com
2.4.3. Refunds Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide refunds.
If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide refunds.
If you purchase a subscription through our website (via Stripe, PayPal or other payment processor),refundsareonlyeligiblewithintheinitial7-dayperiod.Toreceivearefundyouhave to send a request to our email address info@astartogroup.com
Please note that the 14-days-after-purchase refund policy for EU residents does not apply for the provided access to the digital product.
2.5. Device requirements To enjoy Astarto Group via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.
3. CANCELLATION OF SERVICES 3.1. Cancellation by you You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.
You may cancel a Paid Subscription and downgrade to “Free Use” at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.
Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling the automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
If you purchase a subscription through our website, you may cancel it by sending a request to our email address info@astartogroup.com
3.2. Cancellation by us We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
4. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Astarto Group has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. MOBILE SERVICES Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Astarto Group and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your Astarto Group account information to ensure that your messages are not sent to the person that acquires your old number.
6. CONDITIONS OF USE 6.1. User conduct You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Astarto Group. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
● Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or
security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Astarto Group, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Astarto Group or its users to any harm or liability of any type;
● Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
● Violate any applicable local, state, national or international law, or any regulations having the force of law;
● Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
● Solicit personal information from anyone under the age of 18;
● Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
● Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
● Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
● Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
6.2. Commercial use The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, 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 Services, use of the Services, or access to the Services.
6.3. Use of Astarto Group by minors If you are under 18, you are not authorized to use the Services, with or without registering.
7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application available via the Google, Inc. (“Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:
● Both you and Astarto Group acknowledge that the Terms are concluded between you and Astarto Group only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;
● The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
● You will only use the Application in connection with an Apple device that you own or control;
● You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
● In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
● You acknowledge and agree that Astarto Group, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
● You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Astarto Group, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
● You represent and warrant that you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
● Both you and Astarto Group acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
● Both you and Astarto Group acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to
have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
● Astarto Group and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
8. INTELLECTUAL PROPERTY RIGHTS 8.1. Service content, software, and trademarks You acknowledge and agree that the Services 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 authorized by Astarto Group, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Astarto Group from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Astarto Group, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Astarto Group.
The Astarto Group name and logos are trademarks and service marks of Astarto Group (collectively the “Astarto Group Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Astarto Group. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Astarto Group Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Astarto Group Trademarks will inure to our exclusive benefit.
8.2. Third party material Under no circumstances will Astarto Group be liable in any way for any content or materials of any third parties (including users), including, but not limited to, 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 any such content. You acknowledge that Astarto Group does not pre-screen content, but that Astarto
Group