These Terms of Service (the "Terms") govern the terms and conditions under which Starguide.ai (collectively referred to as "Starguide," "we," "us") offers access to and use of the https://www.starguide.ai website and its associated services (the "Starguide Services").
1.1. To access the Starguide Services you must create a Starguide account.
1.2. You are solely responsible for all activities conducted through your account and ensuring compliance with these Terms, including all purchases made through your account.
1.3. You may not create, use, or maintain an account on behalf of another person or legal entity, nor may you use the Starguide Services for commercial purposes.
2.1. You may terminate or suspend your account at any time by contacting us at contact@nerdnimbus.com.
2.2. We reserve the right to terminate or suspend your account if we reasonably determine that:
2.2.1. You have violated any provision of these Terms; or
2.2.2. Such action is in the best interest of the Starguide Services.
We will use methods we deem appropriate to make such determinations. If you believe a mistake has been made, please contact us with details, and we will review your case, though your account may be suspended during the review process.
2.3. If your account remains inactive for an extended period, we reserve the right to take measures against your account, including suspension or termination.
2.4. Upon account termination:
2.4.1. You will lose access to your account, including any associated data and/or virtual currency ("Stargems"), and you will not be entitled to any refunds, nor will we have any liability to you.
2.4.2. We reserve the right to terminate any other accounts you may have created also without any refunds or liability to you.
2.5. You acknowledge and accept that using the Starguide Services involves the risk of account termination or suspension as outlined in these Terms.
3.1. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Starguide Services and Stargems for personal, non-commercial entertainment purposes, conditioned upon your compliance with these Terms.
3.2. If your account is terminated, any license granted by us to you in the Starguide Services and Stargems will be immediately revoked.
4.1. You may acquire a limited license to access Stargems through:
4.1.1. Purchasing packs of 10 (Ruby), 50 (Emerald), or 100 (Diamond) Stargems; or
4.1.2. Subscribing to monthly or yearly unlimited subscription plans.
4.2. Stargems have no monetary value, and you have no ownership or property interest in them. Refunds for purchasing a license to access Stargems are not available except as expressly permitted by us.
4.3. When you obtain Stargems from us, you receive a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use those Stargems solely in connection with the Starguide Services.
4.4. Notwithstanding any contrary provision in these Terms, you acknowledge and agree that you have no ownership or proprietary interest in your account or Stargems regardless of any consideration paid. Except in cases of willful misconduct or gross negligence, or as required by applicable law, Starguide shall not be liable for the destruction, deletion, modification, impairment, hacking, or other damage or loss of Stargems, including their deletion upon account termination.
4.5. We reserve the right to delete, alter, move, remove, repackage, re-price, or transfer any content within the Starguide Services at any time, with or without notice, to the extent permitted by law.
4.6. The purchasing power of Stargems may be changed at any time without notice.
5.1. You are solely responsible for paying any applicable taxes related to acquiring, using, or accessing Stargems. Stargems may be sold or issued in packs with prices varying based on the amount purchased and the purchase location. We may, at our discretion, limit the total amount of Stargems that may be purchased or held in your account.
5.2. You should verify the accuracy of Stargems transactions. If you believe there has been an error, notify us immediately. We will investigate and may request additional information to verify your claim.
6.1. You are responsible for any usernames, images, or other material and information ("Your Content") that you create, upload, or transmit through the Starguide Services. By uploading or transmitting Your Content you agree that:
6.1.1. You grant us a worldwide, perpetual, irrevocable, sublicensable, non-exclusive, royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works from, publicly perform, display, digitally perform, make, have made, and import Your Content for the purpose of providing the Starguide Services without any compensation to you.
6.1.2. You waive any moral rights you may have in Your Content to the maximum extent permitted by law. If local laws do not permit waiver of moral rights, you grant Starguide the right to use Your Content with or without your name or pseudonym and to edit Your Content freely.
6.1.3. You represent, warrant, and agree that none of Your Content will be subject to any obligation of confidentiality or attribution on the part of Starguide, and Starguide will not be liable for any use or disclosure of Your Content.
6.2. You further represent, warrant, and agree that Your Content does not violate any third-party rights.
7.1. We may, but are not obligated to, monitor the use of the Starguide Services on our servers and your device for various purposes, including improving the services. Please refer to our Privacy Policy for details on how we collect and process information related to your use of the Starguide Services.
8.1. We may update these Terms in the future to reflect changes in the Starguide Services and applicable laws. If you accept the new Terms, you will continue using the services. If you decline, you will not be able to use the services.
9.1. The Starguide Services may contain links to third-party websites. We do not own or control these websites and are not responsible for their content. Use of such links is at your own risk and does not imply our endorsement of the linked sites or their content.
10.1. We are not responsible for your use of and results obtained from the Starguide Services.
10.2. The Starguide Services are provided "as is" and "as available" without warranties or representations of any kind, express or implied. To the fullest extent permitted by law, Starguide disclaims all warranties, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any warranties arising from course of dealing or usage of trade.
11.1. To the extent permitted by law, our total liability to you for any loss, harm, or damage in connection with the use or access of the Starguide Services is limited to the total amounts paid by you to Starguide during the twelve (12) months preceding the event giving rise to liability.
11.2. The Starguide Services are provided for domestic and private use only. We are not liable for business losses such as loss of profit, business interruption, or loss of business opportunity.
11.3. These Terms do not exclude or limit our liability where it would be unlawful to do so.
12.1. These Terms and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
12.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
13.1. If you have any questions about the Starguide Services or need to contact us for any reason, please email us at contact@nerdnimbus.com.
13.2. Neither you nor Starguide may assign rights under these Terms without the prior written consent of the other party. Unauthorised assignments shall be null and void.
13.3. These Terms constitute the entire agreement between you and Starguide regarding the services and supersede any prior agreements. These Terms shall coexist with other Starguide policies referenced herein.
13.4. Starguide shall not be liable for any delay or failure to perform, including any failure to perform under these Terms, due to unforeseen circumstances or causes beyond Starguide’s control, such as:
13.4.1. Hacking, cyber-attacks, data corruption/loss (where we have taken the steps that would reasonably be taken by entities like us to avoid this event occurring); or
13.4.2. Acts of God, war, terrorism, bomb threats, riots, embargoes, pandemics, or epidemics, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
13.5. No joint venture, partnership, employment, or agency relationship exists between you and Starguide as a result of these Terms.
13.6. Starguide's failure to enforce any provision of these Terms does not waive its right to enforce such provision in the future.
13.7. If any provision of these Terms is held to be invalid or unenforceable, it will be severed from these Terms.