ELEMENTAL ASTRO — TERMS OF SERVICE

1. Agreement to Legal Terms

These Terms of Service (“Terms”) are a binding agreement between Ignite Entertainment LLC d/b/a Elemental Astro, a New York limited liability company (418 Broadway, STE N, Albany, NY 12207, USA) (“Elemental Astro,” “we,” “us,” or “our”), and you (“you”). These Terms govern your access to and use of our mobile application Elemental Astro and any related features or services that link to these Terms (collectively, the “Services”).

By accessing or using the Services (including tapping “Continue” on a screen where these Terms and our Privacy Policy are clearly referenced and accessible), you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

Entertainment-Only / No Professional Advice. The Services provide cultural, educational, and entertainment content related to Yin-Yang/Five-Elements theory and astrology. We do not provide medical, psychological, legal, financial, or other professional advice. Do not rely on the Services for decisions affecting your health, safety, finances, education, or legal rights.

We may update these Terms from time to time. The “Last Updated” date above reflects the current version. Material changes will be announced in-app and/or by email (if available). Your continued use after an update constitutes acceptance.

2. Contact Information

Ignite Entertainment LLC d/b/a Elemental Astro
418 Broadway, STE N, Albany, NY 12207, USA
📧 info@elementalastro.io

3. Territory & Availability

The Services are directed to individuals located in the United States and certain other non-EU/UK jurisdictions where we choose to operate. We do not purposefully offer the Services to residents of the European Union or the United Kingdom and may restrict access by location. Availability may vary by region and platform.

4. Purpose and Features

The Services enable users (16+) to explore Yin-Yang/Five-Elements astrology through AI-generated textual interpretations, chart-based insights, energy indicators (e.g., an energy bar), and push notifications. Optional in-app purchases include Energy Stones (virtual items) to unlock additional content (e.g., future years insights) or AI Q&A functionality (the “Mirror” feature). We may add, modify, suspend, or discontinue any feature at any time without liability. Some features may be labeled beta or experimental and are provided as-is.

5. Eligibility; Children & Teens

You must be at least 16 years old to use the Services. We do not knowingly allow under-16 users to create accounts. If you are 16–17, you represent you have parent/guardian permission and supervision. If we learn we collected data from an under-16 user, we will delete it.

6. Accounts, Registration & Security

Certain features require an account. You agree to provide accurate, current, and complete information, safeguard your credentials, promptly update changes, and are responsible for all activities under your account.

Login Methods. Depending on platform, you may register or sign in using Apple ID, Google account, or mobile number (one-time passcode “OTP” only; no marketing SMS).

Security. Notify us immediately of any unauthorized use. To the maximum extent permitted by law, we are not liable for losses arising from compromised credentials. We may suspend or terminate accounts for violations of these Terms or applicable law.

7. User Inputs; Chart Data; Life Events

To generate a chart and deliver interpretations, the Services may request name, birth date, time, birth city (used to derive latitude/longitude and compute true solar time), biological sex (used solely for Yin-Yang/Five-Elements logic), and life-event years (e.g., promotions, layoffs, scams, admissions, investment gains, job changes) for alignment checks and accuracy scoring.

You represent that your inputs are truthful and lawful, and that you have the right to provide them. You acknowledge that we are not responsible for your inputs’ accuracy and that interpretations may vary or change based on inputs or updated logic.

Privacy Reference. Our use of personal information is described in our Privacy Policy, including processing on AWS in the United States, retention limits, deletion upon account deletion, and vendor restrictions.

8. AI-Generated Outputs; Storage; Safety & Scope Limits

With limited exceptions for static copy, content is generated by AI systems (via our backend) based on your inputs and our chart logic. Self-harm, harm to others, and similar topics are blocked. We may decline to respond to prompts unrelated to the Five-Elements/Yin-Yang framework or that we deem unsafe or inappropriate.

Storage for Display. To operate the Services and allow you to view past interpretations inside the app, we store the resulting chart data and AI outputs under your account on our AWS infrastructure. Such storage is not used to train public models and is subject to the retention and deletion rules in our Privacy Policy.

No Professional Advice. AI outputs may be imprecise, incomplete, or inappropriate for your circumstances. Do not rely on the Services for professional decisions. Seek qualified help where appropriate.

Crisis Resources. If you are in emotional distress or consider harming yourself or others, do not use the Services. Contact local emergency services or applicable crisis hotlines. We may present crisis resources and refuse interpretations in our discretion.

9. License to Use the Services

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. No other rights are granted. You may not copy, reproduce, distribute, publicly display, perform, or create derivative works from the Services or content without our prior written consent.

10. Prohibited Conduct

You agree not to:

• Violate any law, regulation, third-party terms, intellectual property (“IP”) right, or privacy right.
• Scrape, crawl, spider, extract, index, or bulk export any data/content from the Services, or engage in text and data mining (TDM) or any use of the Services, content, or outputs to create, train, or improve any AI/ML models.
• Introduce malware; perform DDoS; probe or bypass security; access non-public areas or APIs.
• Impersonate others; post unlawful, defamatory, discriminatory, obscene, or abusive content; exploit or harm minors.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or non-public algorithms except as expressly permitted by law.
• Use the Services for advertising, lead generation, or other commercial purposes without our prior written consent.
• Interfere with proper operation or place an unreasonable load on our infrastructure.

Reservation of Rights (TDM & Scraping). To the fullest extent permitted by law, we reserve all rights to prohibit scraping and TDM of content accessible via the Services. Any robots.txt or similar files do not grant a license for TDM or scraping.

11. User Content; Avatars; Private Inputs; Feedback

Avatars & Public Content. If the Services allow you to upload a profile image or other content visible to others (“Public Content”), you represent you own or control the rights in such content, it does not infringe others’ rights or violate law, and you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, display, and distribute such Public Content in connection with operating, improving, and promoting the Services. This license continues while the Public Content remains on the Services and for a commercially reasonable period thereafter for backups and legal requirements.

Private Inputs. Text you type to request AI responses and your chart inputs (“Private Inputs”) are licensed to us on a limited, non-exclusive basis solely to operate, secure, and deliver the requested features and improve the Services without using your Private Inputs to train public models. We do not claim ownership of your Private Inputs.

Moderation. We may remove or restrict content that violates these Terms or applicable law.

Feedback. You assign to us all rights in any suggestions, ideas, or feedback you provide and agree we may use them without restriction or compensation.

12. Virtual Items & Referral Rewards (Energy Stones; Mirror)

The Services may offer virtual items (e.g., Energy Stones) and rewards (e.g., bonus Energy Stones earned by inviting new users). Virtual items and rewards have no cash value, are non-refundable and non-transferable, and may be used only within the Services in accordance with rules we publish (e.g., unlocking future years insights or enabling Mirror AI Q&A uses). We may set or change item prices, bundles, consumption rules, caps, or expiration, and may revoke or adjust items or rewards for suspected abuse, fraud, or errors. We may limit the number of accounts per person or device and audit sharing/referral activity. All virtual items and rewards are licensed, not sold.

Material Connection Disclosure. Referral incentives constitute a material connection. We may add an automatic disclosure label to referral messages and may require you to include a disclosure where legally required.

13. Purchases; Subscriptions; Auto-Renewal (No Trials; U.S. Focus)

Payment Processors. Purchases (including 3-month and 12-month auto-renewing memberships and in-app items) are processed by Apple App Store or Google Play. We do not receive full card data.

No Free Trials. We do not offer free trials.

Auto-Renewal & Billing. Subscriptions are auto-renewing. Unless you cancel before the end of the current term, your subscription will automatically renew at the then-current price and your payment method on file with Apple or Google will be charged for the next term.

Cancel Anytime in Your Store Account.
• iOS: Settings → Apple ID → Subscriptions → Elemental Astro → Cancel
• Android: Google Play → Payments & subscriptions → Subscriptions → Elemental Astro → Cancel
Cancellations take effect at the end of the paid term; access continues until then.

Price Changes & Taxes. We may change prices with advance notice as required by Apple/Google and applicable law. Taxes may apply. For annual terms, we may send renewal reminders where required.

Billing Grace Period. If Apple or Google is temporarily unable to renew your subscription due to a payment method issue, we may, at our discretion and subject to the applicable app store’s policies, continue to provide subscription access for up to sixteen (16) days while the store retries the charge. If payment is not successfully completed within the grace period, your subscription will lapse and access to paid features will end. We may disable access earlier in cases of suspected fraud or misuse.

All Sales Final; Store-Managed Refunds. Refunds, if any, are managed exclusively by Apple/Google under their policies; we will honor the store’s determination.

14. Communications; Push; SMS (OTP Only)

With your permission, we may send non-marketing push notifications (e.g., energy updates, account or security notices). You can disable push in device settings.

If you register with a mobile number, we may send one-time passcodes and security messages. Message and data rates may apply; frequency varies with your use. If you receive a message in error, reply STOP to end messages to that number. We maintain wrong-number and opt-out logs.

We may contact you by email to respond to bug reports or feedback you submit. We do not send marketing emails without consent where required by law.

15. Third-Party Services & Integrations

The Services may reference or integrate third-party services, including Apple/Google (payments and identity), Firebase (analytics/crash; ad features disabled), AppsFlyer (install attribution and fraud prevention, in service-provider mode), and AI model providers accessed via our backend on AWS. Each vendor acts under written processing terms prohibiting secondary use and public-model training. We are not responsible for third-party content, terms, or policies. Review their terms and privacy policies before use.

16. Privacy & Data Handling

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, store, and disclose personal information (including birth inputs used to compute true solar time and generate your chart; life-event years used for alignment checks). The Privacy Policy also describes our U.S. processing on AWS, retention (including deletion after you delete your account), and our commitment that processors act only as service providers and do not train public models or pursue secondary uses.

17. Accessibility

We aim to make the Services reasonably accessible and to improve them over time. Because the Services are continually evolving, we do not represent or warrant that every feature meets any specific technical standard (e.g., WCAG) at all times. If you need an accommodation or an alternative format, contact info@elementalastro.io and we will make reasonable efforts to assist you on an individualized basis.

18. Intellectual Property; Ownership

We and our licensors own all rights in and to the Services and all content therein, including software, code, text, graphics, designs, audio/video, and trademarks (collectively, the “Content”). Except for the limited license in Section 9, no rights are granted. You must not use our trademarks or brand assets without our prior written consent.

19. Export; Sanctions; Government Use

You must comply with U.S. export, re-export, and sanctions laws (including EAR and OFAC) and not use or provide the Services in embargoed/sanctioned countries or to prohibited parties. The Services are “commercial items” per FAR 2.101; any U.S. Government use is subject to these commercial terms.

20. Service Management; Availability; Beta

We may monitor, moderate, remove content, limit access, or disable accounts to protect the Services and users. We may modify, suspend, or discontinue any feature without liability. Beta or experimental features may be offered as-is and can be changed or withdrawn at any time.

21. Corrections

The Services may contain errors or omissions; we may correct or update information at any time without notice.

22. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT (INCLUDING AI-GENERATED OUTPUTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; OR BUSINESS INTERRUPTION, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY.

IN ALL EVENTS, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR $100 IF NO SUCH PAYMENTS). Some jurisdictions do not allow certain limitations; in such cases, the limits apply to the fullest extent permitted.

24. Dispute Resolution; Binding Arbitration; Class Action Waiver; Batch Management

24.1 Informal Resolution.

Before filing a claim, the initiating party must send a written Notice of Dispute describing the claim and relief sought to info@elementalastro.io. The parties will confer in good faith (phone/video) within 30 days. If unresolved, either party may commence arbitration.

24.2 Agreement to Arbitrate.

Except as provided below, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules if applicable). The Federal Arbitration Act (FAA) governs this Section.

24.3 Seat, Law, Forum.

The seat and venue of arbitration will be New York County, New York, with hearings conducted in person, by video/teleconference, or on documents-only at the arbitrator’s discretion. New York law applies (subject to the FAA).

24.4 Costs.

Each party shall bear its own attorneys’ fees and arbitration costs unless the arbitrator determines otherwise under applicable AAA rules. AAA filing, administration, and arbitrator fees will be allocated in accordance with AAA rules. If the arbitrator determines that the fees you are required to pay are excessive or that you are unable to obtain a fee waiver, we will pay the portion of the AAA fees necessary for the arbitration to proceed. At our sole discretion, we may reimburse reasonable filing fees for good-faith, individual arbitration claims, provided that such claims are not filed or coordinated as part of a batch or mass arbitration.

24.5 Delegation.

The arbitrator has exclusive authority to resolve disputes about arbitrability and the scope or enforceability of this arbitration agreement.

24.6 Exceptions; Public Injunctive Relief.

Either party may bring: (a) small-claims actions; (b) actions seeking injunctive or equitable relief for IP infringement, data security, or confidentiality; or (c) actions to enforce or vacate an arbitral award. To the extent public injunctive relief under applicable law cannot be compelled to arbitration, such relief may be sought in court.

24.7 Class/Jury Waiver.

Arbitration is individual-only. No class, consolidated, representative, or private attorney-general actions. You waive the right to a jury trial.

24.8 Batch Arbitrations.

If 100 or more similar arbitration demands presented by or with the assistance of the same law firm or organization are submitted within 30 days, the provider shall: (i) group demands into batches of up to 100 (plus any remainder batch); and (ii) resolve each batch as a single proceeding with one set of filing/administration fees and one arbitrator per batch. The parties shall cooperate in good faith to implement batching.

24.9 Opt-Out.

You may opt out of arbitration by sending a written notice to Elemental Astro — Arbitration Opt-Out, 418 Broadway, STE N, Albany, NY 12207, USA within 30 days after first becoming subject to this Section. Your notice must include your name, mailing address, and account email (if any), and a clear statement that you opt out of arbitration. If you opt out, this Section does not apply; all other Terms remain in force.

24.10 Confidentiality.

The parties will keep arbitration proceedings and awards confidential except to the extent disclosure is required by law or court order.

25. Time Limit to Bring Claims

To the fullest extent permitted by law, any claim must be filed within one (1) year after it accrues, or it is permanently barred.

26. Governing Law; Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles and excluding the UN CISG and UCITA. If a dispute proceeds in court (e.g., under Section 24 exceptions or where arbitration is not enforceable), the exclusive venue lies in the state or federal courts in New York County, New York, and the parties consent to personal jurisdiction there.

27. App Distributor Terms; Third-Party Beneficiaries

Your use of the app is also subject to the usage rules and terms of the applicable app distributor (e.g., Apple or Google). The app distributors are third-party beneficiaries of this Section and may enforce it against you.

28. DMCA Notice & Policy

If you believe content on the Services infringes your copyright, send a notice meeting 17 U.S.C. §512(c)(3) to our agent:

Ignite Entertainment LLC — Attn: Copyright Agent
418 Broadway, STE N, Albany, NY 12207, USA
📧 info@elementalastro.io

Include: (1) signature; (2) work(s) claimed infringed; (3) infringing material and location; (4) contact info; (5) good-faith statement; (6) statement under penalty of perjury of authority. If your content was removed by mistake, submit a counter-notice meeting §512(g). We may restore content unless the complainant files suit within the statutory period.

29. Suspension; Termination; Survival

We may suspend or terminate your access for any violation or suspected misconduct. Upon termination, licenses granted to you cease. Sections intended to survive (including IP, virtual items, disclaimers, liability limits, indemnification, governing law, dispute resolution, time limits, and survival) survive termination.

30. Assignment; Force Majeure; Severability; Waiver; Entire Agreement; Interpretation

We may assign these Terms. You may not assign without our consent. We are not liable for delays or failures beyond our reasonable control (including acts of God, labor disputes, outages, cyber incidents, or changes in law). If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only. These Terms, together with the Privacy Policy and any supplemental terms, are the entire agreement between you and us and supersede prior understandings.

31. California Users & Residents

Under California Civil Code § 1789.3, you may contact the Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834; (800) 952-5210 if a complaint is not resolved to your satisfaction.

32. Accessibility Statement (Convenience)

We strive to improve accessibility and welcome requests for accommodation at info@elementalastro.io.

33. Changes to the Services / Terms

We may update these Terms or the Services. Material changes will be announced in-app and/or by email (if available). Your continued use after an update constitutes acceptance.

34. Contact

Ignite Entertainment LLC d/b/a Elemental Astro
418 Broadway, STE N, Albany, NY 12207, USA
📧 info@elementalastro.io