last updated: 30 April 2024

These Terms of Use (these "Terms") are a legally binding agreement between users ("you") and Oleh Rodionov ("we" “our” or "us") for the use of the app “ Serene: Horoscope & Astrology” (also - app, software), and the content available via the app, the computer files stored on our servers, and all related services, features, and tools.

Agreement to terms

Before using our App, please carefully read the terms of use of the Software and the privacy policy. If you don't agree with these Terms and privacy policy, you are prohibited from using the Software and must discontinue use immediately.

By accessing or registering the App, you confirm that you agree to be legally bound by and to comply with the Agreement. If you disagree with the Terms, stop accessing the App.

By using the App, you message to us that:

you have read, understand, and have the legal capacity to enter into the Agreement and the privacy notice.
You are more than 14 years old and agree to these terms of use and privacy policy, and you or your parents or guardians have read and agreed to it.
you are solely responsible for keeping your login IDs, passwords, and other means of access to the App confidential and secure from unauthorized use;

If you don’t accept and agree to these Terms of Use and privacy policy, you must immediately stop using our App.

Pay attention! You use the App based on “as is” and as you currently see it. We don’t give any guarantees and are not responsible for not meeting your expectations, hopes, or assumptions when using our app.

We may modify these Terms from time to time. The updated version of these Terms will be effective as soon as they are accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of our service represents that you have accepted such changes.

These Terms, privacy policy, and other supplemental terms and conditions or documents that may be posted on the App occasionally are expressly incorporated by reference.

Use of the application and its functions

This app is an astrology tool that provides personalized daily horoscopes, lunar calendar tracking, and weekly forecasts tailored to the user's birth chart.

End-user license agreement (EULA)

Under these Terms, we grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the app for personal and non-commercial purposes.

This license is for the sole purpose of enabling you to enjoy the benefits of the software, as stated herein, and also for your personal use only.

Under this license, it is prohibited to use the app or any of its materials, including but not limited to parts of it, for commercial or promotional purposes without our prior written consent.

User has no right:

copy or reproduce the software or any part of the software other than under the license granted in this terms of use;
sell, resell, rent, lease, loan, supply, distribute, redistribute, publish, or republish the Software or any part of the software;
modify, alter, adapt, translate or edit, or create derivative works of the software or any part of the software;
reverse engineer, decompile, or disassemble the software or any part of the software;
copy, modify, transmit, distribute, publicly display, demonstrate, create any derivative works (products); use or in any way reproduce any copyrighted materials, images, screenshots, trademarks, trade names, proprietary information, service marks, and other objects of intellectual property available on the app;
this list is not exhaustive.

The license does not provide for any transfer (alienation) of intellectual property rights belonging to us.

Subscriptions

The cost and type of subscription are available to users in the app. The subscription is purchased through the Apple or Google payment system. Apple App Store and Google Play rules regulate refund orders for subscription purchases. Learn more about refunds on Google Play and Apple App Store here.

Some of our subscriptions may include a free trial period, where you can experience the app at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before Apple or Google starts charging your payment method, cancel the subscription before the free trial ends.

Payment will be charged to your credit/debit card through your Apple App Store (Apple ID) or Google Play account. You choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off until canceled in the Manage Subscriptions section of your account settings.

Learn more about managing your subscriptions on the Apple App Store here.

Cancel a Google Play subscription. Unless you unsubscribe, you’ll be charged at the beginning of each billing cycle according to your subscription terms (for example, weekly, annually, or another period).

Important! When you uninstall the app, your subscription won't cancel.

On your Android device, go to subscriptions in Google Play.
Select the subscription you want to cancel.
Tap Cancel subscription.
Follow the instructions.

Tip! If you have a subscription with an app and the app gets removed from Google Play, your future subscription will be canceled. Your past subscriptions can’t be refunded, with some exceptions as specified in this article or Google Play’s refund policies.

Learn more about how to manage your subscriptions on Google Play here.

Third parties’ Websites and services

The app may depend on or contain links to other websites and services.

Access to and use of other websites and services we do not control are governed by third parties and do not fall under these Terms.

We are not responsible for the content, functions, and services offered through third-party websites or services or for any loss, damage, or other liabilities incurred due to your use of such websites or services and their content or functions. We do not control the features available or accessed through them.

You acknowledge that other terms of service (or equivalents) and privacy policies (or equivalents) apply to your use of third-party websites, services, and their content or functions.

We expressly disclaim any responsibility or liability for any material communicated by such third-party websites and services or for any loss or damage incurred due to the use thereof.

Our app integrates the ChatGPT language model developed by OpenAI to provide conversational AI capabilities for customer service. ChatGPT is a large language model trained to understand and generate human-like responses based on the input data it receives.

However, please note that while ChatGPT is highly capable, it is an AI model with inherent limitations. Its responses should be viewed as AI-generated information, not as statements or advice from our company. We cannot guarantee the accuracy, completeness, or suitability of ChatGPT's outputs for any specific purpose.

Indemnification

You agree to defend, indemnify, and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

your use and access to the app;
a breach of these Terms.

Limitation Of Liability

In no event shall we, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

your access to or use of or inability to access or use the app;
any conduct or content of any third party on the app;
any content obtained from the app and
unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
violations by users or third parties of the rights to the intellectual property of third parties admitted using our app;
cases where the functionality of the app is disrupted or limited as a result of a malfunction of a mobile device, Internet provider, or mobile operator app;

Disclaimer

Your use of the software is at your sole risk. The software is provided on an "AS IS" and "AS AVAILABLE" basis. The software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We don’t warrant that

a) the software will function uninterrupted, secure, or available at any particular time or location;

any errors or defects will be corrected;
the software is free of viruses or other harmful components or
the results of using the software will meet your requirements.

Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Personal data

We collect and process your data to provide our software when you use the app. The privacy policy section describes in detail how your data can be collected, processed, and transmitted.

User guarantees

By using or visiting our app, you guarantee the following:

the compliance with age restrictions;
that you will use the app for personal use;
that you have all the powers (competence and legal capacity) required by law to accept these terms.
that you will not use the software for fraud, other atrocities, insults defaming the honor and dignity of other users, distributing obscene content, distributing pornographic content, unapproved collection, process, and distribution of personal data of other users;
not to violate the terms and conditions established by this agreement;
not to violate the rights of other users, including but not limited to the intellectual property rights of third parties.
that you will not pass malicious software.

Dispute Resolution and Governing Law

The parties will endeavor to resolve all disputes or disagreements arising under this Agreement or in connection with it through negotiations.

In case of failure to reach an agreement on the peaceful settlement of the dispute, the dispute shall be resolved in the National Court of Ukraine, using the rules of jurisdiction provided for by procedural legislation.

This Agreement will be governed by and construed according to the laws of Ukraine without the application of conflict-of-law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Treaty.

Users' complaints and claims are accepted to the email address [email protected]. Our support app will contact you in the shortest lines. The time limit for considering a complaint or claim is 14 days.

Suppose a court of competent jurisdiction finds any provision of this Terms, or a portion thereof, unenforceable. In that case, that provision shall be enforced to the maximum extent permissible to affect the intent of this Terms, and the remainder shall continue in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

Termination

Termination by Us. We reserve the right at our sole discretion to modify, suspend, or discontinue the App, content, features, or offers available via the App at any time in the following cases:

your violation of the Terms;
attempts to inflict damages on the reputation or normal work of the App;
other cases expressly stipulated in the Terms.

We reserve the right to take whatever lawful actions we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the account to the App.

We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by You. You may terminate the Terms with us by canceling your Account and stopping accessing the App.

Consequences of the Termination. If the agreement is terminated, all permissions and licenses under these Terms will immediately terminate without our obligation to provide refunds.

We are constantly working on the development of our service, as well as the services that we provide, for more convenient and comfortable use. Therefore, the policy of using the service may be changed from time to time and supplemented by new provisions.

When the terms change, we will notify you in advance of such changes so that you can familiarize yourself with the new terms and conditions.

Miscellaneous

We may freely assign its rights and/or obligations under this agreement without the user's consent. Save as expressly provided in this agreement, the users must not assign, transfer, charge, license, or otherwise dispose of or deal in this agreement and/or any of its rights and/or obligations.

Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

All claims between the parties related to these Terms will be litigated individually. The parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

Contacts for use by users: [email protected].