Astronomaly User Agreement

Astronomaly is a location-based discovery feature offered by Third Eye Cyborg, LLC ("Company", "we", "us") through the Ascended Social web app, mobile app, and desktop experience (collectively, the "Service"). Astronomaly surfaces user-submitted and publicly known points of spiritual or astronomical interest near a location you choose. It is provided in addition to, and is governed by, the Ascended Social Website Terms of Service, Mobile EULA, Desktop EULA, and Privacy Policy. This Agreement applies in addition to those terms; in the event of a direct conflict on a topic unique to Astronomaly, this Agreement controls.

By using Astronomaly on any device — phone, tablet, laptop, or desktop — you ("User") agree to this Agreement in full. If you do not agree, do not use Astronomaly.

You must be at least 18 years old to create or use an Ascended Social account or access Astronomaly, and you must be legally able to enter into this Agreement in your jurisdiction. Astronomaly is an adults-only feature and is not intended for anyone under 18.

You are solely responsible for your physical actions when using Astronomaly. This includes:

• Verifying that you have legal permission to access any location surfaced by Astronomaly.
• Researching and respecting local laws, ordinances, property rights, posted notices, and protected-site designations.
• Obtaining explicit permission from property owners or legal occupants before entering any property that is not clearly open to the public.
• Assessing and managing personal safety risks at all times, including weather, terrain, wildlife, and travel risk.
• Not relying on Astronomaly as an emergency, navigation, or safety system.

Do not use Astronomaly to access, visit, or attempt to access:

• Private residential properties without explicit, verifiable permission from the owner or legal occupant.
• Government, military, critical-infrastructure, or restricted facilities.
• Indigenous sacred sites, archaeological sites, or culturally protected areas in violation of the rights or wishes of the community that stewards them.
• Any location where entry is prohibited by law, signage, fencing, or court order.

You must comply with all applicable federal, state, provincial, tribal, and local laws. You must not use Astronomaly to facilitate illegal activity, including trespassing, stalking, harassment, theft, vandalism, or any other criminal conduct. We may suspend or terminate access to Astronomaly, and where appropriate refer matters to law enforcement, for serious or repeated violations.

Astronomaly requires access to a chosen location — either your device's current location (with your permission) or a location you enter manually — to surface nearby points. Precise location is requested only when needed and can be revoked at any time in your device settings. We do not sell location data. Processing is described in our Privacy Policy and in the in-app Privacy Center; for US state-specific rights see Your Privacy Choices and the Notice at Collection.

Astronomaly is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by applicable law. Location data may be inaccurate, outdated, incomplete, or contributed by other users; do not rely on it for legal, safety, or navigation decisions. Some jurisdictions do not allow exclusion of implied warranties, in which case those exclusions apply only to the extent permitted.

To the maximum extent permitted by applicable law, Third Eye Cyborg, LLC and its officers, members, employees, and agents are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, business interruption, or loss of goodwill, arising out of or relating to Astronomaly, even if advised of the possibility of such damages.

Our aggregate liability for all claims relating to Astronomaly is limited to the greater of (a) the amounts you paid to Third Eye Cyborg, LLC for Astronomaly-related services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100). Some jurisdictions do not allow these limitations, in which case they apply only to the extent permitted by law and nothing in this Agreement is intended to limit liability that cannot lawfully be limited (including liability for fraud, gross negligence, willful misconduct, death, or personal injury caused by negligence).

You agree to indemnify and defend Third Eye Cyborg, LLC and its officers, directors, members, employees, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising directly out of: (a) your use of Astronomaly in breach of this Agreement; (b) your violation of any applicable law; (c) your physical actions at any location; or (d) your infringement of the rights of any third party. We will promptly notify you of any claim and reasonably cooperate in the defence at your expense. You may not settle any claim that imposes any obligation on us without our prior written consent (such consent not to be unreasonably withheld, conditioned, or delayed). This indemnity is subject to the limitation of liability in Section 7 except for amounts owed to unaffiliated third parties under a final judgment or court-approved settlement.

This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute relating to this Agreement is subject to the dispute-resolution, arbitration, and class-action-waiver provisions of the Ascended Social Website Terms of Service and Mobile EULA, including any small-claims-court carve-out, opt-out window, and venue selection set out in those documents. Nothing in this Agreement waives mandatory consumer rights you have under the law of your country or state of residence.

We may update this Agreement from time to time. Material changes will be announced in-product and on this page at least 15 days before they take effect. Continued use of Astronomaly after the effective date constitutes acceptance of the updated terms. If you do not agree to a change, your remedy is to stop using Astronomaly.

See also the Spiritual & Wellness Disclaimer, the Acceptable Use Policy, the Minor-Safety Addendum, and the in-product Community Guidelines.