Terms of Service
The Terms of Service (“Terms”) govern, together with the Privacy Policy, your use of the Simply Astro (“App”), the mobile application, and related services provided by PIATECH YAZILIM A.Ş. (“We”, “us”). The website, our services and the App are collectively called the “Services.”
By using the Services, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, please do not use the Services.
Please refer to our Privacy Policy for information on how we process personal data. You accept that your use of the Services is subject to our Privacy Policy.
We may amend the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the website or through other means of communication, e-mail and/or push notification. You should carefully review the amended Terms because in case you keep using the Services after we change the Terms, you will be deemed to be bound by the amended Terms. If you don’t agree to be bound by the amended Terms, then you should not use the Services anymore.
We may modify or terminate all or any part of the Services, at any time and without notice, at our sole discretion.
Services
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. Furthermore, to make purchases via the Services (described in detail in the Section entitled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
If you want to employ certain features of the Services, you will create an account (“Account”). You can also open the Account via third-party social networking services (Facebook Google and Apple). Please see Privacy Policy Data Processing Activities and Legal Bases for further information on processing your personal data in case you choose to open your account via third-party social networking services.
The information you provide while creating the Account must be accurate, complete, and up to date. You undertake to update or correct such information too. Otherwise, we might have to suspend or even terminate the Account. You should not disclose the password of the Account to anyone, and you must notify us immediately of any unauthorized access to the Account. Please beware that you are responsible for the use of the Account. If you do not give us a notice immediately, we cannot accept the excuse of not knowing the use of the Account.
Via the Services, you can select from a variety of options to get your horoscope, charts, and calculations. You can also use the premium version (paid functionality) of the Services to employ the enhanced functionality of the Services or purchase items offered for sale through the Services (the “Products”), as explained in detail under the Section titled “Purchases” below.
Purchases
The App contains certain enhanced features of the Services which you can purchase as a weekly, monthly, or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. The amounts due and payable for a Transaction via the Services will be presented to you before you complete your order. When you purchase a Subscription or a Product (each, a “Transaction”), the App asks you to provide additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). We do not access or process your Payment Information; payment is made through Apple or Google! You undertake that you are capable to use all payment method(s) represented by any such Payment Information. For further information on processing Payment Information (personal data) please see Privacy Policy Data Processing Activities and Legal Bases.
We will convey a confirmation email after we confirm the payment of your order. The payments made are non-refundable and non-transferable unless they are expressly provided in the Terms.
In case your credit card is declined, or we suspect that the order is fraudulent, or in other circumstances we deem appropriate at our sole discretion, we reserve the right to not process or to cancel your order. We also reserve the right to verify your identity in connection with your order, whenever we deem necessary and appropriate. In that case, you need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Of course, we will not charge you or refund the charges for orders that we do not process or cancel.
At any point during Subscription, you can upgrade your Subscription. Please beware that each Subscription renews automatically for an additional period in the same length to expiring Subscription until you cancel it. To avoid the billing of the fees of the next Subscription term, you must cancel your Subscription before the date of renewal. In case you purchase the Subscription via the website, you can notify us by email at [email protected] to cancel the renewal of Subscription at any time. In case you purchase the Subscription via the App, you can cancel the renewal of Subscription in the App. The fees that you have already paid for the renewal are non-refundable and you will continue to benefit from the Services until the end of your current Subscription period.
At our sole discretion, we can modify our pricing policy at any time. No worries, the changes will not apply to the prices that you have already paid, and we will notify you before the changes come into force and the changes. Price changes will be effective in Subscription renewals after the notification is made to you.
You accept that your purchases are not dependent on the delivery of any future functionality or features, or any oral or written public comments made by us or the Services regarding future functionality or features.
Feedback
We value your feedback, comments, and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at [email protected]. By giving us Feedback, you accept that we can use Feedback for any purpose. In other words, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use your Feedback.
Content and Content Rights
For purposes of these Terms,
(i) “Content” means text, graphics, images, music, software, audio, video, information or other materials that are posted, generated, provided or otherwise made available via the Services.
(ii) “User Content” means any Content that users (including you) provide to be made available through the Services. The Content includes the User Content without limitation.
We do not claim any ownership rights in any User Content and the Terms will not be considered to restrict any of your rights to create/use your User Content. However, in case you make your User Content available via the Services, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Other than the User Content, we and our licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You undertake not to remove, change, or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Services or Content.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy and display the Content solely in connection with your permitted use of the Services.
Rights and Terms for Apps
We grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install the App on a mobile device that you own or control and to run the App solely for your own personal non-commercial purposes.
You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as explicitly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
If you access or download the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
We reserve all rights in and to the App, which are not expressly granted to you under the Terms. We own the App and the Services. In other words, you do not own any right in and to the App unless it is explicitly mentioned.
Prohibitions
You shall not:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s intellectual rights, moral rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or that would lead to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, PIATECH’s or Simply Astro’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
- Attempt to probe, scan, or test the vulnerability of our systems or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services.
- Attempt to access or search the Services or download Content from the Services by any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- Use any meta tags or other hidden text or metadata utilizing a PIATECH’s or Simply Astro’s trademark, logo URL or product name without our express written consent.
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity.
- Violate any applicable law or regulation or
- Encourage or enable any other individual to do any of the foregoing.
Furthermore, it is not allowed to publish a personal daily horoscope or other free horoscopes in a public web log (blog). Both text and artwork in these horoscopes are protected by copyright and require permission by us in writing for each case of republication.
Although we’re not obliged to monitor access or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with the Terms, and to comply with applicable law or other legal requirements.
We reserve the right, but are not obliged, to remove or disable access to any Content, at any time and without notice, including, but not limited to, the cases where we consider any Content to be objectionable or in violation of the Terms, at our sole discretion. We have the right to investigate violations of the Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on those websites or resources or links displayed on such websites. You are solely responsible for and assume all risk arising from, your use of any third-party websites or resources.
Termination
At our sole discretion, we may terminate your access to and use of the Services at any time and without giving notice to you. You can also cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of the Terms which by their nature should survive will survive, including but not only ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services, Products and Content are available “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim any warranties of merchantability, fitness for a particular purpose, enjoyment or non-infringement and any warranties arising from the use of trade or commerce. You understand and agree that the Services, Products, and any other information you learn from PIATECH YAZILIM A.Ş. are not intended, designed, or implied to diagnose, prevent, treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.
We do not warrant that the Services or Products will meet your needs or that they will be provided uninterrupted, secure, or error-free. We also do not warrant the quality, accuracy, timeliness, authenticity, completeness, or reliability of any Content. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, the Services and other information, and the quality and merchantability of all merchandise, provided through the Services. We are not liable for any cost or damage arising to you or any third party either directly or indirectly from any transaction, be it through the internet or otherwise.
Indemnity
You will indemnify us and our employees, directors, and agents from all kinds of costs and expenses under any name, such as disputes, demands, liabilities, damages, losses, reasonable legal and accounting fees arising from in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of the Terms.
Limitation of Liability
As we mentioned under the title “Warranty Disclaimers”, we provide the Services “as is”. Thus, we limit our liability arising from or in connection with the Terms or from the use or inability to use the Services, Products or Content. If you have paid us an amount for the Services, Products or Content, our total liability shall not exceed that amount. If you have not paid anything, then our total liability shall not exceed 50 USD.
Dispute Resolution
The Terms, including the arbitration agreement herein, shall be interpreted by and construed according to the substantive laws of Türkiye without reference to any rules of conflict of laws.
In the event of any controversy or claim arising out of or relating to the Terms or breach thereof, the Parties (you and us) shall try to settle such conflict amicably between themselves. Should the Parties fail to agree, the matter in dispute shall be finally settled under the İstanbul Arbitration Centre Arbitration Rules by one or more arbitrators appointed in accordance with the said rules. The seat place of the arbitration shall be Istanbul, Türkiye. The language of the arbitration shall be English.
Miscellaneous Terms
The Terms constitutes the entire understanding and agreement between you and us, and it supersedes all prior or contemporaneous oral or written communications with respect to such subject matter.
If a competent Arbitrator(s) declares any article or part of the Terms to be invalid, illegal, or unenforceable, it shall in no way affect or invalidate the remaining articles and provisions of the Terms and such remaining articles and provisions shall remain in full force and effect.
The failure to exercise the rights granted to the Parties in the Terns in a timely manner cannot be construed as a waiver of this right.
You cannot assign or transfer the Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communications provided by PIATECH YAZILIM A.Ş. under the Terms, including those regarding amendments to the Terms, will be given: (i) via our email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the fifth day following the date on which the notice is transmitted.
The headers in this Agreement shall have no effect in the construction or interpretation of this Agreement.
Contact Information
For your further questions, feel free to contact us at [email protected]