Terms of Service

By signing up for, or using the Astro services or any of the services of heyastro corporation or its affiliates (“Astro”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Astro under the Terms of Service include various products and services to help you sell services to buyers. Any such services offered by Astro are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.heyastro.io/legal. Astro reserves the right to update and change the Terms of Service by posting updates and changes to the Astro website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Astro’s Acceptable Use Policy (www.heyastro.io/aup) and Privacy Policy (www.heyastroio/privacy) before you may become an Astro user. Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Astro or any Astro services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for an Astro account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Astro may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Astro will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Astro cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, including the Acceptable Use Policy (“AUP”), as determined in the sole discretion of Astro will result in an immediate termination of your services.

WHICH MEANS
You are responsible for your Account and any Materials you upload to the Astro Service. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.

2. Account Activation

2.1 Astro Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

WHICH MEANS
The person signing up for the Astro Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. Any domain you purchase through us will automatically renew unless you opt-out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Acceptable Use Policy (heyastro.io/aup) and the Privacy Policy (heyastro.io/privacy) before you may become a member of Astro.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New York with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Astro may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Astro’s website, available at www.heyastro.io/legal and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Astro’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Astro service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States of America and the State of New York. You will comply with all applicable laws, rules, and regulations in your use of the Service.
  5. 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 written permission by Astro.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Astro or Astro trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to [email protected]
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  9. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with this agreement, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
  10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Astro, is governed by its privacy policy at www.heyastro.io/privacy
  11. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Astro’s Terms of Service available in another language, the most current English version of the Terms of Service at www.heyastro.io/legal will prevail.
  12. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Astro shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Astro’s prior written consent, to be given or withheld in Astro’s sole discretion.

WHICH MEANS
The Astro service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.If a dispute arises the issue will be dealt with in the State of New York. Your Materials are may be transferred unencrypted and may be altered, credit card information is always encrypted.

4. Astro Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (www.heyastro.io/aup) or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Astro customer, Astro employee, member, or officer will result in immediate Account termination.
  5. Astro does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Astro employees and contractors may also be Astro customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
  8. Astro retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Astro reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over an Astro account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

You expressly understand and agree that Astro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  1. In no event shall Astro or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Astro partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  2. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  3. Astro does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  4. Astro does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  5. Astro does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Astro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Astro and govern your use of the Service, superseding any prior agreements between you and Astro (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS
If Astro chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Astro don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Astro service. All Materials you upload remain yours. You can remove your Astro presence at any time by deleting your Account.
  2. You retain ownership over all Materials that you upload to an Astro store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  3. We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

WHICH MEANS
Anything you upload remains yours and your responsibility.

8. Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) tion Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. You must keep a valid credit card on file with us to pay for all incurred and recurring Subscription Fees. Astro will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Astro will continue to charge the Authorized Card (or any replacement card) until the Services are terminated
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”)
  4. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Astro reserves the right to terminate your Account.
  5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Astro’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Subscription Fees for such products and services and will be billed to your Authorized Card.
  7. You must maintain your current location in the administration menu of your Astro store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
  8. Astro does not provide refunds.

WHICH MEANS
A valid credit card is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using your credit card, we will try your credit card again 3 days following the initial failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt to process payment of Fees on your credit card a third and final time 3 days following the second attempt. If payment of Fees is unsuccessful after three attempts, Astro may freeze your store. You may be required to remit Taxes to Astro or to self-remit to your local taxing authority. No refunds.

9. Cancellation and Termination

  1. You may cancel your Account at any time by emailing [email protected] and then following the specific instructions indicated to you in Astro’s response.
  2. Upon termination of the Services by either party for any reason:
  3. Astro will cease providing you with the Services and you will no longer be able to access your Account;
  4. Any outstanding balance owed to Astro for your use of the Services through the effective date of such termination will immediately become due and payable in full
  5. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  6. We reserve the right to modify or terminate the Astro Service or your Account for any reason, without notice at any time.
  7. Without limiting any other remedies, Astro may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

WHICH MEANS
To initiate a cancellation, email [email protected] Astro will respond with specific information regarding the cancellation process for your account. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

10. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from Astro. Such notice may be provided at any time by posting the changes to the Astro Site (heyastro.io)
  2. Astro reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Astro shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS
We may change or discontinue the service at any time, without liability.

11. Beta Services

From time to time, Astro may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Astro will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Astro Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Astro’s prior written consent. Astro makes no representations or warranties that the Beta Services will function. Astro may discontinue the Beta Services at any time in its sole discretion. Astro will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Astro may change or not release a final or commercial version of a Beta Service in our sole discretion.

12. Astro Confidential Information

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“Astro Confidential Information”). You agree that: (a) Astro Confidential Information will remain Astro’s exclusive property; (b) you will use Astro Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose Astro Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the Astro Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the Astro Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

WHICH MEANS
If you receive Astro Confidential Information you are required to protect it.

13. Privacy & Data Protection

Astro is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Astro’s collection, usage and disclosure of this personal information is governed by our Privacy Policy (www.heyastro.io/privacy).

WHICH MEANS
Astro’s use and collection of personal information is governed by our Privacy Policy.