1. About these Terms
1.1. These terms and conditions (“Terms”) govern the provision of our mobile application service that uses data to provide astrology, numerology, biorhythms and palm reading reports to you (“Service”) and your use of it.
1.2. Please read these Terms carefully and make sure that you understand them before using the Service. By using the Service or (where applicable) or by clicking "get started" to download the Service, you are agreeing to these Terms, which form a binding agreement between you and us. If you do not agree to these Terms, please do not install or use the Service.
2. Changes to these Terms
2.1. We may amend these Terms from time to time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the Service or our business practices.
2.2. Any changes we make to these Terms will be posted on this page so we recommend that you check back frequently to see any updates or changes made to these Terms, however, where the changes are material, we will give you advance notice which may be via an in-Service notification or by contacting you directly via the email address you supply to us when you register with us.
2.3. Your continued use of the Service after any changes are made will be considered acceptance of those changes and will constitute your agreement to be bound by them. If you do not agree to any new Terms please see below for information on how to cancel your Subscription here.
3. Who we are
3.1. We are Ruby Labs Ltd, a company registered in England and Wales with company number 11382334. Our registered office is at 65 Compton Street, London, United Kingdom, EC1V 0BN. You can contact us by email at firstname.lastname@example.org. Our VAT number is GB296182568.
4. Our rights and responsibilities
4.1. We own and operate the Service. We will provide the Service using reasonable skill and care.
4.2. We will use reasonable endeavours to keep the technology powering the Service operational, but we cannot guarantee that the Service will be available on an uninterrupted basis.
4.3. Your access to the Service may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the Internet and mobile phone signal, errors, interruptions and delays may occur in the Service from time to time. We will use reasonable endeavours to try to limit the frequency and duration of downtime, to the extent within our control.
4.4. We cannot guarantee that the Service will be error, bug or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the Service and that you consult your network administrator before installing the Service on a networked device.
4.5. We may add or remove features from the Service from time to time.
4.6. We do not make any guarantees that the content or related information provided on the Service is accurate or complete.
4.7. The Service is for entertainment purposes only and the information provided on it should not be relied upon.
5. Your responsibilities generally
5.1. You may use the Service only if you are 13 years or older, but if you are younger than 18, please ask permission from your parent or guardian before signing up for a paid subscription.
5.2. To use our Service we will ask you to provide us with certain registration information about yourself, such as your name, email address, date, place and time of birth, Zodiac sign, age, gender, relationship status and a photo of your palm. You can find out more about how we use personal data we collect from your in our Privacy Notice. You may not create an account with us using an assumed name or someone else’s identity.
5.3. You will be responsible for all activities which occur under your account on the Service and it is your responsibility to keep your account information safe and secure.
6.1. We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies.
6.2. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable licence, to access, download and install the most current generally available version of the Service on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use.
6.3. Other than as described in the paragraph above, you may not make any use of or exploit in any way any of our intellectual property rights.
7. Licence restrictions
7.1. You agree that you will:
7.1.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from us;
7.1.2. not copy the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security;
7.1.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Terms or as necessary to make use of any features on the Service permitting connection with authorised third party apps or sites;
7.1.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things; and
7.1.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
8. Acceptable use of the Service
8.1. You must not:
8.1.1. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system;
8.1.2. infringe our intellectual property rights or those of any third party in relation to your use of the Service;
8.1.3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
8.1.4. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
8.1.5. collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
9. Subscription fees
9.1. Access to certain features of our Service is subject to you activating a subscription to the Service ("Subscription").
9.2. All Subscription fees (and any other payments associated with the Service) are handled by the third party app store from which you download the Service, such as Apple (each an "App Store"), as are all Subscription cancellations. We do not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store's own terms and conditions which you should review carefully before activating a Subscription.
9.3. Any free trial to the Service is offered at our discretion and we may withdraw this offer at any time.
9.4. A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free trial period. Please refer to your App Store terms and conditions for information on how to do this.
9.5. Weekly Subscriptions to the Service automatically renew on the same day each week (the day you subscribed), and you will be charged the applicable weekly Subscription fee by your App Store, unless cancelled in accordance with your App Store's ts&cs.
9.6. Monthly Subscriptions automatically renew on the same day each month (the day you subscribed), and you will be charged the applicable monthly Subscription fee by your App Store, unless cancelled in accordance with your App Store's ts&cs.
9.7. Yearly Subscriptions automatically renew on the same date of the year (the date you subscribed), and you will be charged the applicable annual Subscription fee by your App Store, unless cancelled in accordance with your App Store's ts&cs.
9.8. We (or the App Store) may immediately suspend your access to the Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the 'Our right to suspend your access to the Service' section below.
9.9. If the pricing of our subscriptions changes, we and/or the App Store, will let you know in advance.
9.10. Any increase in Subscription fees will not apply to the current period (i.e. the week, month or year) of your Subscription. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the 'How to cancel your Subscription' section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
10. How to cancel your Subscription
10.1. If you would like to cancel your Subscription to the Service, you will need to do this through your App Store account settings. Further instructions on how to do this can be found here or via your App Store.
10.2. If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the Service up until that point.
10.3. Please note that we do not provide credit, refunds or pro-rated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store's terms and conditions. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Service. Please make sure you familiarise yourself with your App Store's policy on refunds before you Subscribe.
10.4. Be aware that European Union residents normally have a right to cancel subscription agreements within 14 days of agreeing to them and to receive a refund. Please refer to your App Store terms and conditions for further information on this, and the circumstances where this may not apply.
11. Our right to suspend your access to the Service
11.1. We may temporarily suspend your account or access to the Service if we have reason to suspect that you have breached any of these Terms.
11.2. If we suspend your account:
11.2.1. we will use reasonable endeavours to notify you;
11.2.2. you will not be able to access your account during the period of suspension, while we investigate the circumstances; and
11.2.3. depending on the outcome of our investigation, you may be permanently excluded from the Service. We will use reasonable endeavours to notify you if this happens.
11.3. We can end your rights under these Terms immediately at any time and without refunding any payments made by you if you are in serious breach of these Terms.
11.4. We can also end your rights under these Terms immediately at any time, giving you as much notice as possible, if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavours to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but for which you have not received access to the Service.
11.5. If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Services.
12. Help desk
13. App Store Terms also apply
13.1. To access our Service you will need to install it via an App Store. The App Stores impose additional terms and conditions governing the use of their services and the Service (including payments to the App Store in respect of the Service). Those terms will form an agreement between you and the App Store and are in addition to the agreement between you and us set out in these Terms.
13.2. The App Stores are third parties. We have no control over the services provided by the App Stores. We encourage you to carefully review the App Store's terms and conditions and privacy notices before you use those sites to download and install the Service or purchase any Subscriptions. We accept no responsibility for the App Store's sites, apps, services, practices or privacy policies.
14. Our liability to you
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or for any breach by us of any of your statutory rights.
14.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5. If our provision of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
15. Links from the Service
15.1. Where the Service contains links to and connects with other services and resources provided by third parties (such as Facebook) we have no control over the contents of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third party services. Any external site that you visit by clicking through a link on the Service is entirely at your own risk. We accept no responsibility for their content, safety, practice or privacy policies.
16. Your privacy
16.1 When we process your personal data, we do so in accordance with the data protection laws which apply to us and with our Privacy Notice. Please read it carefully.
17. Complaints and alternative dispute resolution
17.1 If you have a complaint, please contact us at email@example.com.
17.2. In addition, if you are in the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show. If this platform is no longer available for use due to the United Kingdom's departure from the European Union, we will cooperate with other forms of reasonable dispute resolution.
18. Other important terms
18.1. You may not transfer your rights and obligations under these Terms for any reason. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2. Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
18.3. Nothing in these Terms will create any relationship of partnership, agency or employment between us.
18.4. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
18.5. These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.