Policies

Terms of Use

These Terms of Use (“Terms”) were last updated on on May 30, 2021.

Our mission is to improve people’s lives through the gift of astrology. Our aim is to enable anyone, anywhere to avail of our astrological software. To keep our platform and services safe for all our clients, we have a few rules. Terms apply to all your activities on Pocket Astrologer website with all related web applications (“Services“).

We also provide details regarding our processing of personal data of our clients and visitors in our Privacy Policy.

1. Disclaimers

We make no representations or warranties about the suitability, reliability, lack of errors, or precise accuracy of the services. We make no warranty that you will obtain specific results from use of the services. Your use of the services (including any content) is entirely at your own risk.

It may happen that our platform is down, either for planned maintenance or because something is amiss with the site. It may also happen that we encounter security issues. (These are just examples.) You accept that you will not have any recourse against us in any of these types of cases where technical faults occur which are not the fault of Clear Astrology. In legal, more complete terms, the services and their content are provided on an “as is” and “as available” basis.

We reserve the right to cease availability of certain features of the services at any time, for any reason. Under no circumstances will Clear Astrology or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We will not be held responsible for delay or failure of our performance of any of the services in the event of circumstances outside of or beyond our reasonable control, such as an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

2. Payments and Refunds

2.1 Payments

You agree to pay all relevant fees for services purchased and you give us authorization to charge your debit or credit card or process other designated means of payment for said fees. Clear Astrology works with third-party payment processing partners to offer you the most convenient payment methods in your region and to maintain the security of your payment information. Consult our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any service for which we have not received adequate payment, in one of the forms stated above.

2.2 Refunds

If the service you purchased is not what you were expecting, you can request, within 14 days of your purchase of the service, that Clear Astrology apply a refund to your account. No refund is due or will be paid to you if you request it after the 14-day guarantee time limit has been exceeded.

To request a refund, please contact our Support Team.

If we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a services that you want to refund or if you’ve previously refunded a service, we reserve the right to deny your refund, and/or restrict all future use of the services. This can be done at our discretion. If we disable your access to a service due to your violation of the terms of agreement, you shall not be eligible to receive a refund.

3. Clear Astrology’s Rights

All rights, titles, and interest in and regarding the Clear Astrology platform and services, including our website, our existing or future applications, our APIs, databases, and the content are now and will remain the exclusive property of Clear Astrology and its licensors. Under no circumstances will you possess the right to use the Clear Astrology name or any of the logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you choose to provide regarding Clear Astrology or its services is entirely voluntary. We retain the rights to use any such feedback, comments, or suggestions as we see fit, without any obligation to you.

4. Miscellaneous Legal Terms

4.1 Binding Agreement

You agree that by registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Clear Astrology. If you do not agree to these terms, please do not register, access, or otherwise use any of our services.

Any version of these terms in a language other than English is provided for your convenience. You understand and agree that the English language version of all terms and conditions will take precedence in case of conflict.

These terms (including any agreements and policies linked from these terms) constitute the entire agreement between both parties.

If any part of these terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of the terms will continue to be in effect.

Even if we experience a delay in exercising our rights or fail to exercise a right in one instance, it doesn’t mean we waive our rights under these terms in other instances. We also retain the right to enforce them in the future. If we do decide to waive any of our rights in one particular instance, it doesn’t mean we waive our rights generally or in the future.

4.2 Indemnification

If you behave in a way that results in legal repercussions for Clear Astrology, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Clear Astrology, and our suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) your use (or misuse) of the services or (b) your violation of these terms. Your indemnification obligation will survive the termination of these terms and your use of the services.

4.3 Governing Law and Jurisdiction

When these terms mention “Clear Astrology,” they’re referring to the Clear Astrology LLC entity that you’re contracting with.

4.4 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this agreement may be brought by either party (Clear Astrology or you) more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in written form and given by registered or certified mail, return receipt requested, or via email (by us to the email associated with your account or by you to [email protected]).

4.5 Relationship Between Us

You and Clear Astrology agree that no joint venture, partnership, employment, contractor, or agency relationship exists between the parties.

5. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that proves ineffectual and you live in the United States, your options are to go to small claims court or to bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in the United States. Most disputes can be amicably resolved, so before inciting a formal legal case, please first try contacting our Support Team.

5.1 Small Claims

Both parties can bring a claim in small claims court.

5.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and Clear Astrology agree to resolve any claims related to these terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can compel arbitration (ask a court to force us both to go to arbitration). Either of us can also ask a court to halt a court proceeding during an ongoing arbitration proceeding.

5.3 The Arbitration Process

Any disputes involving a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration.

5.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, no others, and can’t be used to decide other users’ disputes. If a court decides that this “no class actions” clause is neither enforceable nor valid, then this “Dispute Resolution” section will be null and void. However, the rest of the terms will still stand.

6. Updating These Terms

From time to time, we may update these terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Clear Astrology reserves the right in its sole discretion to modify and/or make changes to these terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our services. Modifications become effective on the day they are posted unless otherwise stated.

Your continued use of our services after changes become effective shall indicate your acceptance to the terms and conditions of those changes. Any revised terms shall supersede all previous terms.

7. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our services.

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