- The basic version of App can be accessed free of charge.
- To access the horoscopes on App you must register for a free account.
- You have the option to purchase a Premium membership. With a Premium membership you have access to additional functions such as horoscopes, chats with astrologers, etc. This is just an option; you can use App as basic member completely for free. If you purchase a Premium membership, it will renew automatically for the initial time period purchased. If you purchased through a third party such as an app store, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. You will then still enjoy Premium access until the end of the period you've paid for.
- We hate spam as much as you do. If you want, you can turn off any notifications, emails and newsletters from Hora Labs OÜ at any time.
Welcome to Hora Labs OÜ (the "App"), an app where you can learn more about the upcoming day. The App is owned and operated by Hora Labs OÜ, an Estonian private company with its registered address at Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551 . 1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
- The Service allows users that register for an account on the Service (each a "User") to create and update an online profile on the App ("Profile"). Each User that has registered with the Service receives his or her own
Profile on which to post "User Content" (as defined in clause 6 below).
- The basic version of the Service can be used free of charge. However, you have the option to subscribe to a Premium membership in order to get access to additional functionalities on the App. You also have the option to purchase other services or materials whether or not you have a Premium membership.
- The prices and the related terms for all Paid Services, including the Premium membership, are governed by the Paid Services terms set out in clause 4 below.
- Where a free-trial period is included, you will not be charged until the free period is over. At this point your card will automatically be charged using the card details entered at the beginning of the trial. There are no refunds or credits for partial monthly subscriptions.
4. PAID SERVICES
The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by App and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by App and the third party the terms of such agreement shall prevail.
- The ordering process for Paid Services on the Site allows you to check your order before you proceed with your purchase: please check the details of the order before you proceed to payment. We will send you a confirmation email each time that you purchase a Paid Service. The contract between you and App for the relevant Paid Service, which is subject to these Paid Services Terms, is formed at the time we send such confirmation email.
- By placing an order, you agree to pay the stipulated fees (which may be separately agreed with App) for the relevant Paid Service(s) by credit card or any other form of payment accepted by App, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). The most recent fees for each Paid Service are set out on App and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the App and will not affect existing subscriptions (so if you have signed up for a membership for a certain price, price changes won't affect your existing subscription, and will only apply to any future subscription purchase).
- App uses secure payment service providers to make sure that your payments are secure.
- In relation to Paid Services that are offered on a subscription basis, App offers different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance.
- Where a subscription-based Paid Service renews automatically, your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service. You can check on the length of your subscription at any time by viewing your account information or going to "Settings" and then "Subscription" within the Site.
- App may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.
- App may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if:
7.1. App has reason to believe that you are in breach of or have acted inconsistently with these Paid Services Terms; or
7.2. App is entitled to suspend or terminate your account, or your use of the Service generally, under clause 9 below. 5. REGISTRATION
- In order to use most features of the Service, you must have a valid App account. In order to obtain a App account, you must register with App by providing your user name, a valid email address and other information ("Registration Data") as required by the registration process on the Site. As part of that registration process, you will choose a password and a username for your Profile.
- You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:
2.1. use your account individually and not share it with others; and
2.2. immediately notify App in writing of any unauthorised use of your password or account or any other breach of security.
- You agree to:
3.1. provide true, accurate, up-to-date and complete information about yourself as prompted by the Service's registration form; and
3.2. maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.
4. You can modify data that you have entered into the Service at any time by accessing your account and going to "Settings".
5. If any Paid Service is suspended or cancelled, we may delete or stop your access to any of the information contained in the Service relating to your use of such Paid Service (including, where relevant, any information in your Premium Services account). App declines any responsibility for the loss of information as a consequence of the cancellation of Paid Services.
6. You must protect your account and the Paid Services you purchase from unauthorised and fraudulent use. Please notify App immediately at firstname.lastname@example.org of any unauthorised or fraudulent use of your Paid Services or when you suspect that your account may be at risk.
7. Amounts paid to App before you report an unauthorised or fraudulent use of your account will not be refunded. App has the right to close or cancel the account of any User in the event of any unauthorised or fraudulent use of their account or any Paid Service.
8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Paid Service, use of any Paid Service, or access to any Paid Service without the express prior written consent of App.
7. USER CONTENT AND BEHAVIOUR ON THE SERVICE
- Where you are an individual using a Paid Service (including a Premium membership) in your capacity as a student, an employee or other third party using the Paid Service, you acknowledge and agree that your Registration Data including details relating to your use of the Paid Service shall be made available to either your educational institution, your employer or any third party paying for the Service on your behalf, as the case may be.
- All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which are posted uploaded, emailed or transmitted via the Service by Users ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. App accepts no responsibility at all for any User Content that any User uploads, posts, emails, transmits or otherwise makes available via the Service. app does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
- You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will app be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service.
- App does not claim ownership of the User Content. By submitting User Content to the Service, you grant App a worldwide, royalty-free, and non-exclusive licence to reproduce, modify and publish such User Content (i) in respect of User Content which is submitted to your Profile, for the purpose of displaying, distributing and promoting your Profile within the Service at all times until your Profile is terminated, (ii) in respect of other User Content, indefinitely for the purposes of the normal operation of the Service, and (iii) in respect of User Content which provides comments on the Service (whether in your Profile or not), for the purpose of marketing the Service to third parties. If you don't want App to display your User Content anymore, you can delete your account at any time and your information won't be visible to other users. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). You also acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile. In addition, App hereby grants you a personal, non-exclusive, non-sub-licensable worldwide licence to access and view User Content of other Users within the scope of your normal use of the Service whilst you have an active account.
- You agree to use the Service in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree not to use the Service to:
5.1. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5.2. harm minors in any way;
5.3. impersonate any person or entity, including, but not limited to, a App official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
5.4. use the Service as a forwarding service to another website;
5.5. forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
5.6. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships);
5.7. upload, post, email, transmit or otherwise make available any User Content that infringes any Intellectual Property Rights (as defined in clause 11.1) or confidentiality rights of any party;
5.8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
5.9. upload, post, email, transmit or otherwise make available any material that 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;
5.10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
5.11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
5.12. "stalk" or otherwise harass any other Users;
5.13. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
5.14. promote other sites or services which are not related with the Service offered by App.
- The Site may contain third-party owned content and links to other websites ("Linked Sites"). App does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of App, and the App is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. App may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by App in favour of any third party. You further acknowledge and agree that App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.
- Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that App shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- You understand and agree that the Service may include advertisements and that these advertisements are necessary for App to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that App has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by App on your Profile are subject to change at any time at App's discretion. For users with a Paid Service membership sponsored through an organisation your service will not include advertisements.
11. RESALE OF SERVICE
- You can cancel your account and your use of the Service at any time using the cancel function within the "Settings" section of your Profile. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by App. However, you acknowledge that some User Content (such as comments, posts or messages) not included directly within your Profile, may remain after the cancellation of your Profile. App accepts no liability for such deletion of information or content.
- App reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that App shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent set out in clause 4 above in respect of Paid Services) unless otherwise agreed between App and such third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of App. 12. INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content ("Content") belong to App and its licensors and that, except for the limited licence rights granted to you under clause 12.2, App and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term "Intellectual Property Rights" means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
- Your licence to use the Software is restricted to use of the object code of the Software, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.
- Without prejudice to clause 12.1, you agree:
4.1. not to access the App, the Service or the Content by any means other than through the interfaces that are provided by App for use in accessing the Service; or /
4.2. except as expressly authorised by App or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You acknowledge that App may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that App has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that App reserves the right to delete accounts that are inactive for a period of more than 12 months. 15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- Where you are using a Paid Service (including a Premium Membership) App warrants that such Paid Service will comply in all material respects with its description as set out on the App.
- Subject to clause 15.1 above you understand and agree that the App, the Service and the Content are provided "AS IS" and that you use the App, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, App expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, App does not, except to the extent provided to the contrary under the warranty in clause 8.1, assume any responsibility for any improvement of your life and astrology results; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any user communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, App does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 15.3 below.
- Without prejudice to clause 15.2 but subject to clause 15.4, you expressly agree that App shall not be liable for any:
3.1. loss of profit; 3.2. loss of goodwill; 3.3. loss of use; 3.4. loss of opportunity;3.5. loss of data;3.6. loss of anticipated savings; (in each case whether direct or indirect), nor 3.7. for any indirect, incidental, special, consequential or exemplary damages (even if App has been advised of the possibility of such damages), resulting from any matter relating to the Site, the Service or the Content.
4. However, App does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which App is not permitted to restrict or exclude as a matter of applicable law.
5. Subject to clauses 15.2, 15.3 and 15.4, the maximum aggregate liability of App to you in relation to any Paid Service (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you for such Paid Service.
6. In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the App or the Service, you release App from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute. 16. GENERAL INFORMATION
- All horoscopes, predictions and chats with astrologers are for entertainment purposes only. Hora App is not licensed to provide medical or legal advice. Hora Labs OÜ will not take any responsibility on your actions influenced by horoscopes, predictions and chats.