1. ACCEPTANCE OF TERMS
By downloading, installing, or using the StarWell mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
Service Provider:
- Company Name: Hermes Horizon T/A StarWell by Hermes Horizon
- ABN: 12273187245
- Address: SUITE 329/98-100 ELIZABETH STREET, MELBOURNE, VIC 3000, AUSTRALIA
- Contact: hermescloudhorizon@gmail.com
2. DESCRIPTION OF SERVICE
StarWell is a premium meditation and breathwork application that combines traditional breathing techniques with personalized astrological insights. The App provides:
- Personalized breathwork protocols based on astrological birth chart analysis
- Daily cosmic guidance and planetary transit information
- Premium subscription features for advanced astrological integration
- Session tracking and progress analytics
- High-quality audio guidance and visual meditation aids
3. SUBSCRIPTION TERMS
Premium Subscription Features
Premium subscription unlocks:
- Unlimited access to all astrological breathwork protocols
- Advanced birth chart integration and interpretation
- Exclusive cosmic-themed breathing challenges
- Priority customer support and feature updates
- Advanced analytics and progress tracking
Billing and Payment
- Subscription Management: All subscriptions are managed through Apple's App Store
- Billing Cycle: Monthly ($8.99/month) or annual ($49.99/year) subscriptions as selected
- Auto-Renewal: Subscriptions automatically renew unless cancelled
- Payment Processing: Handled securely by Apple and our payment processor RevenueCat
- Price Changes: We will notify you of any subscription price changes with 30 days notice
Cancellation and Refunds
- Cancellation: Cancel anytime through your Apple App Store account settings
- Effective Date: Cancellation takes effect at the end of the current billing period
- Refunds: Refund requests are handled by Apple according to their refund policy
- Data Retention: Your data remains accessible until subscription expiration
4. USER ACCOUNT AND BIRTH DATA
Account Creation
- Accurate Information: Provide accurate birth data for astrological calculations
- Account Security: You are responsible for maintaining account security
- Birth Chart Privacy: Your birth chart data is used only for app functionality
- Data Accuracy: We are not responsible for inaccurate astrological calculations due to incorrect birth data
- Age Requirement: You must be 16 years or older to use this App
Prohibited Uses
You may not:
- Share your premium account credentials with others
- Use the App for commercial astrology services without permission
- Attempt to reverse engineer or extract proprietary astrological algorithms
- Use automated systems to access the App or create multiple accounts
- Use the App while driving, operating machinery, or in any unsafe environment
- Practice breathing exercises if you have certain medical conditions without appropriate medical clearance
- Ignore safety warnings, recommendations, or emergency stop prompts
5. INTELLECTUAL PROPERTY
Our Content
- Proprietary Algorithms: Astrological calculation methods and breathing protocols
- Swiss Ephemeris: Licensed astronomical data for planetary calculations
- Audio Content: Original guided meditation recordings and cosmic soundscapes
- Visual Design: App interface, mandala animations, and cosmic imagery
License Grant
We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.
6. PRIVACY AND DATA PROTECTION
Data Collection
- Birth Data: Required for personalized astrological calculations
- Usage Analytics: Collected to improve app functionality and user experience
- Subscription Data: Managed by RevenueCat for billing and access control
Privacy Rights
- Full Privacy Policy: See our comprehensive Privacy Policy for detailed information
- User Control: Access, modify, or delete your personal data at any time
- GDPR/CCPA Compliance: We comply with applicable privacy regulations
- Data Security: Industry-standard encryption and security measures
⚠️ 7. DISCLAIMER OF MEDICAL CLAIMS
Wellness Tool Only
- Not Medical Advice: The App provides wellness and mindfulness tools, not medical advice
- Consult Healthcare Providers: Consult qualified healthcare professionals for medical conditions
- Breathing Safety: Practice breathing techniques safely and within your comfort level
- Individual Results: Meditation and breathing benefits vary by individual
Astrological Information
- Entertainment and Wellness: Astrological insights are for personal growth and entertainment
- Not Predictive: We do not claim to predict future events or outcomes
- Cultural Tradition: Astrology is a cultural and spiritual tradition, not scientific fact
- Personal Responsibility: Use astrological guidance as one factor in personal decision-making
IMPORTANT: THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. CONSULT YOUR HEALTHCARE PROVIDER BEFORE BEGINNING ANY BREATHING PRACTICE.
Breathing exercises can affect individuals differently. You acknowledge that:
- You practice breathing exercises at your own risk
- You will stop immediately if you experience dizziness, chest pain, or shortness of breath
- You understand the importance of proper health screening
- You will not exceed recommended session durations
- You accept responsibility for your safety during practice
⚠️ 9. LIMITATION OF LIABILITY
Service Availability
- Uptime Goal: We strive for 99.9% service availability but cannot guarantee uninterrupted service
- Third-Party Dependencies: Service may be affected by Apple, RevenueCat, or other third-party providers
- Maintenance Windows: Scheduled maintenance may temporarily affect service availability
- Force Majeure: We are not liable for service interruptions due to circumstances beyond our control
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE.
Maximum Liability
Our total liability to you for any claims shall not exceed the amount you paid for your subscription in the 12 months preceding the claim.
10. INDEMNIFICATION
You agree to indemnify and hold harmless StarWell by Hermes Horizon, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit or share through the App
11. APP STORE TERMS
Apple App Store
- Additional Terms: Apple's App Store Terms of Service also apply
- Third-Party Beneficiary: Apple is a third-party beneficiary of these Terms
- Apple Responsibilities: Apple is not responsible for the App or these Terms
- Compliance: We comply with Apple's App Store Review Guidelines
Platform Compliance
- iOS Requirements: The App is designed for iOS devices and requires iOS 15 or later
- Device Compatibility: Compatible devices as specified in the App Store listing
- Updates: App updates delivered through the Apple App Store
12. TERMINATION
Termination by You
- Account Deletion: Request account deletion through app settings or customer support
- Subscription Cancellation: Cancel subscription through Apple App Store settings
- Data Removal: Personal data removed within 30 days of account deletion
Termination by Us
We may terminate your account if you:
- Violate these Terms of Service
- Engage in fraudulent or abusive behavior
- Use the App for prohibited commercial purposes
- Fail to pay subscription fees
Effect of Termination
Upon termination:
- Your access to premium features ends immediately
- Your personal data is deleted according to our Privacy Policy
- These Terms survive termination where applicable by law
13. CHANGES TO TERMS
Notification Process
- Material Changes: We will notify you of significant changes via email or in-app notification
- Advance Notice: 30 days notice for changes affecting subscription terms
- Continued Use: Continued use after changes constitutes acceptance of new Terms
- Right to Terminate: You may terminate your account if you disagree with changes
14. GOVERNING LAW AND DISPUTES
Governing Law
These Terms are governed by the laws of Australia (Victoria jurisdiction), without regard to conflict of law principles.
Dispute Resolution
- Informal Resolution: We encourage contacting customer support for dispute resolution
- Arbitration: Disputes subject to binding arbitration as permitted by law
- Class Action Waiver: You agree to resolve disputes individually, not as part of a class action
- Small Claims Court: You may pursue claims in small claims court where applicable
15. CONTACT INFORMATION
Customer Support
- Email: hermescloudhorizon@gmail.com
- Response Time: Within 48 hours for all inquiries
- In-App Support: Access support directly through the app settings
Business Information
- Company Name: Hermes Horizon T/A StarWell by Hermes Horizon
- ABN: 12273187245
- Address: SUITE 329/98-100 ELIZABETH STREET, MELBOURNE, VIC 3000, AUSTRALIA
16. MISCELLANEOUS
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and StarWell by Hermes Horizon.
Severability
If any provision of these Terms is found unenforceable, the remainder shall remain in full force and effect.
No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
These Terms of Service are designed to protect both users and StarWell by Hermes Horizon while enabling a premium astrological wellness experience. For questions about these Terms, please contact our support team.