1. Agreement to Terms
By accessing or using Astrid (the "Service"), operated by Astrid Genesis LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
You represent that you are over the age of 13 and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
ASTRID GENESIS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will meet your requirements or expectations
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Service will be accurate or reliable
- The quality of any products, services, information, or other material obtained through the Service will meet your expectations
- Any errors in the Service will be corrected
You acknowledge that Astrid Genesis LLC has no obligation to monitor, edit, or control User Content and shall not be responsible or liable for User Content.
3. Use License
Permission is granted to temporarily access the materials on Astrid's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose or for any public display without our written consent
- Attempt to reverse engineer any software contained on Astrid's website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
4. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for:
- Safeguarding your password and maintaining the security of your account
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
Astrid Genesis LLC is not liable for any loss or damage arising from your failure to comply with this security obligation. You may not use another user's account without permission.
5. User Content
You retain ownership of any content you post, upload, or otherwise make available on Astrid ("User Content"). By posting User Content, you grant Astrid Genesis LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any and all media or distribution methods (now known or later developed) for the purpose of operating, promoting, and improving the Service.
You represent and warrant that:
- You own or have the necessary rights, licenses, consents, and permissions to all User Content you post
- Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
- Your User Content does not violate any applicable laws or regulations
- Your User Content does not contain any viruses, malware, or other harmful code
We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, at any time, without notice to you.
6. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law or regulation
- Infringe upon or violate the intellectual property rights or any other rights of others
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- Transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- Impersonate or attempt to impersonate any person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Collect or store personal data about other users without their express consent
- Use any robot, spider, or other automatic device to access the Service for any purpose
- Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
- Engage in any form of automated use of the system, such as using scripts to send comments or messages
- Use the Service to engage in or promote illegal activities
- Harass, abuse, or harm another person, including sending unwanted communications
7. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Astrid Genesis LLC and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Astrid Genesis LLC. Nothing in these Terms grants you any right to use the Astrid name or any of the Astrid trademarks, logos, domain names, or other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding Astrid or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL ASTRID GENESIS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages resulting from your access to or use of or inability to access or use the Service
- Damages resulting from any conduct or content of any third party on the Service
- Damages resulting from any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT 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.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Astrid Genesis LLC and its licensors, licensees, and their respective employees, contractors, agents, officers, directors, shareholders, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
- Any User Content you post or share on or through the Service
This defense and indemnification obligation will survive these Terms and your use of the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
10. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
Upon termination:
- Your right to use the Service will immediately cease
- We may delete your account and all associated data
- We have no obligation to retain any of your User Content
- All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability
We reserve the right to refuse service to anyone for any reason at any time.
11. Dispute Resolution
Mandatory Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the United States before one arbitrator.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
Exceptions to Arbitration
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration or the informal dispute resolution process.
Informal Dispute Resolution
Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures in Section 18. If a dispute is not resolved within 30 days of notice, either party may bring a formal proceeding.
12. Class Action Waiver
YOU AND ASTRID GENESIS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and Astrid Genesis LLC agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Service Modifications
Astrid Genesis LLC reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You agree that Astrid Genesis LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
15. Force Majeure
Astrid Genesis LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riot, civil insurrection, strikes, labor disputes, shortages of labor or materials, fire, flood, storm, explosions, earthquakes, pandemic, epidemic, government actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
16. Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Astrid Genesis LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17. Changes to Terms
Astrid Genesis LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
We encourage you to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.