Terms of Service.

These Terms of Service (“Terms”) govern your access to and use of the Astro PM software application and related services (collectively, the “Software”) offered through the website astro-pm.com (the “Website”). In these Terms, “Astro PM,” “we,” “us,” and “our” refer to the provider of the Software, and “you” or “User” refers to the individual or entity using it. By downloading, installing, accessing, or using the Software, you agree to be bound by these Terms. If you do not agree, do not install or use the Software.

1. Acceptance of Terms

1.1 Your access to and use of the Software is subject exclusively to these Terms. You will not use the Software for any purpose that is unlawful or prohibited by these Terms. By using the Software, you fully accept the terms, conditions, and disclaimers contained herein. If you do not accept these Terms, you must immediately stop using the Software.

1.2 We reserve the right to update or amend these Terms at any time. Material changes will be communicated through the Website or by email to registered users. Your continued use of the Software following any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2. The Software

2.1 Astro PM is self-installed software designed for astronomy project management. Certain features of the Software rely on a cloud component (the “Cloud Services”) used to save and synchronize cloud targets and related data. Use of the Cloud Services is part of the Software and is subject to these Terms.

2.2 The Software and Cloud Services are provided for your personal or internal business use in accordance with the license you have purchased.

3. Free Trial

3.1 We offer a fourteen (14) day free trial of the Software. The trial begins on the date the Software is first installed or activated and provides access to features as designated by us.

3.2 Modifying the Software, whether through code changes or other obtrusive behavior, with the intent to bypass the trial period or any licensing limitations is strictly prohibited and constitutes a material breach of these Terms.

3.3 At the end of the trial period, continued use of the Software requires a paid subscription as described in Section 4.

4. Subscription, Billing, and Refunds

4.1 Subscription Term. Astro PM is licensed on an annual subscription basis. Subscriptions are billed yearly in advance and grant the User a non-exclusive, non-transferable license to use the Software for the duration of the paid subscription term.

4.2 Activation. Upon payment, we will issue registration keys and/or software keys that activate the Software according to the User’s purchased license. Once a license has been issued, the Software is considered delivered, opened, and used.

4.3 No Refunds. All sales are final. We do not provide refunds for Software subscriptions, in whole or in part, for any reason, including but not limited to non-use, dissatisfaction, or early cancellation. The 14-day free trial is provided so that Users may fully evaluate the Software prior to purchase.

4.4 Cancellation. You may cancel your subscription at any time through your account or by contacting support. Upon cancellation, your license will remain active for the remainder of the prepaid subscription term, after which it will expire and the Software will cease to be licensed for use.

4.5 Renewals. Subscriptions may be set to automatically renew on an annual basis at the then-current rate. You are responsible for managing your renewal preferences. We will not issue refunds for renewal charges that occur prior to cancellation.

4.6 Chargebacks. Chargebacks and related surcharges are the responsibility of the User. We reserve the right to charge fees associated with any chargeback and to suspend or terminate the User’s license in connection with any chargeback or payment dispute.

4.7 Custom Services. Any custom development, design, consultation, or other services we provide are separate from the Software subscription, are non-refundable, and are governed by their own statements of work or written agreements.

5. User Account, Password, and Security

5.1 Use of the Software and Cloud Services may require you to create an account and register a username and password. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

5.2 You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any indirect or consequential loss or damage resulting from disclosure of your username or password.

5.3 You may not use another person’s account without the express permission of the account holder.

6. License and Intellectual Property

6.1 Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for the term of your subscription.

6.2 The Software, the Website, and all content, code, designs, graphics, trademarks, and documentation associated therewith are the property of Astro PM or our licensors and are protected by United States and international intellectual property laws. No content or code may be downloaded, copied, reproduced, transmitted, modified, sold, or distributed except as expressly permitted by these Terms.

6.3 You shall not: (a) reverse engineer, decompile, or disassemble the Software except to the extent expressly permitted by applicable law; (b) modify or create derivative works of the Software; (c) remove or obscure any proprietary notices; (d) sublicense, rent, lease, or resell the Software; or (e) use the Software to develop a competing product.

6.4 License Monitoring. We reserve the right to monitor installations of the Software for the purpose of license verification and protection of intellectual property. The Software may transmit information including license keys, installation server addresses, installation server names, version information, and similar low-volume registration data. By using the Software, you consent to such transmission.

6.5 Each license is for a single installation and User unless otherwise specified in the purchased license tier. Failure to comply with the licensing terms entitles us to recover damages for any infraction.

7. Acceptable Use

7.1 You agree not to:

• Use the Software in any manner that violates any applicable law or regulation;
• Upload, transmit, or store through the Cloud Services any material that is unlawful, defamatory, infringing, obscene, threatening, abusive, or harassing;
• Upload files containing viruses, worms, trojans, or other malicious or corrupt code;
• Use the Software or Cloud Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other party’s use;
• Attempt to gain unauthorized access to the Software, Cloud Services, other accounts, or any computer systems or networks connected to them;
• Use the Software in any way that infringes the intellectual property or other rights of any third party;
• Impersonate any person or entity for the purpose of misleading others.

7.2 We reserve the right, but not the obligation, to investigate and remove content stored in the Cloud Services that violates these Terms or is otherwise objectionable.

8. Privacy and Data

8.1 We are committed to responsible data management and to maintaining the security of personal information received from Users. Information collected in connection with the Software and Website may include:

• Usernames and encrypted passwords for users who create accounts;
• Email addresses associated with orders, accounts, and software licenses;
• Billing addresses required for payment, tax, and contact purposes;
• Order history and order data, which may include product, option, and pricing information;
• IP addresses captured during order processing for fraud prevention;
• Cookies and session data used for website functionality, account management, and ecommerce tracking;
• Limited payment data, such as the last four digits and expiration date of a credit card, retained for order verification;
• Installation and usage data transmitted by the Software for license verification and product improvement, as described in Section 6.4 and Section 9;
• Cloud target data and related project information stored in the Cloud Services on behalf of the User.

8.2 Personal information we collect is not sold to third parties. Information may be shared with service providers (such as payment processors and analytics providers) strictly as necessary to provide the Software and related services.

8.3 Cookies and Analytics. The Website uses cookies and analytics services (which may include providers such as Google Analytics) to understand visitor behavior. You may configure your browser to refuse cookies, but doing so may affect Website functionality.

8.4 Data Retention and Deletion. Data is retained until a deletion request is received. You may request removal of your personal data by contacting support@astro-pm.com. We will process valid deletion requests within a reasonable period not to exceed thirty (30) days. Certain data, including order and transaction records, must be retained for tax, legal, and accounting purposes and is not subject to deletion.

8.5 Cloud Services Data. Data you store in the Cloud Services remains your property. You are responsible for ensuring you have the right to upload and store such data. We will use reasonable measures to protect Cloud Services data but do not guarantee against loss, and you are responsible for maintaining your own backups.

9. Software Usage Tracking

9.1 The Software may transmit anonymous usage data to us to help improve product features. Such data may include version numbers, license type, operating system, language, country of origin, and event data such as feature activation. No personally identifiable information beyond language and country of origin is collected through usage tracking.

10. Termination

10.1 We may suspend or terminate your access to the Software and Cloud Services at any time, with or without notice, for any breach of these Terms or for any other reason permitted by law.

10.2 You may terminate these Terms at any time by canceling your subscription as provided in Section 4.4. Termination does not entitle you to a refund of any prepaid fees.

10.3 Upon termination, your right to use the Software ceases immediately. Sections that by their nature should survive termination, including Sections 4 (with respect to amounts owed), 6, 8, 11, 12, 13, 14, and 15, will survive.

11. Third-Party Links and Services

11.1 The Software and Website may include links to or integrations with third-party websites, products, or services that are not under our control. We are not responsible for the content, availability, or practices of any such third-party services, and your use of them is at your own risk and subject to their respective terms.

12. Disclaimers

12.1 THE SOFTWARE AND CLOUD SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ASTRO PM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

12.2 We make no warranty that the Software will meet your requirements, that the Software or Cloud Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Software or servers used to deliver it are free of viruses or other harmful components.

12.3 Use of the Software is at your own risk.

13. Limitation of Liability

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, ASTRO PM, ITS OWNERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE.

13.2 IN NO EVENT WILL ASTRO PM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU TO ASTRO PM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless Astro PM and its owners, managers, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software or Cloud Services; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content or data you submit to the Cloud Services.

15. Governing Law and Dispute Resolution

15.1 These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of laws principles.

15.2 Any dispute arising out of or relating to these Terms or the Software shall be brought exclusively in the state or federal courts located in Umatilla County, Oregon, and you consent to the personal jurisdiction of such courts.

15.3 You agree to comply with all applicable U.S. export control laws and regulations and with all local laws regarding acceptable use of and conduct on the Internet.

16. Miscellaneous

16.1 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect.

16.2 No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16.3 Assignment. You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may freely assign these Terms.

16.4 Entire Agreement. These Terms, together with any order forms, license documentation, and policies referenced herein, constitute the entire agreement between you and Astro PM regarding the Software and supersede all prior agreements and understandings.

17. Contact

Questions about these Terms or the Software may be directed to:

Astro PM
Website: astro-pm.com
Email: support@astro-pm.com