Effective: January 2025
The following terms and conditions (collectively, the “Terms”) govern your use of the Ashtar service, platform, and related offerings (collectively, the “Service”). By accessing or using the Service, you affirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
To enter into the Terms and use of the Services, you must be at least 13 years of age. If you are not of legal age in your jurisdiction, but are at least 13 years of age, then your parent or legal guardian must consent to the Terms on your behalf prior to your use of the Services and you may only use the Services with the consent and involvement of your parent or legal guardian. We do not ask you for your birth date. If you use the Service, you are affirming that you meet these requirements, and we are permitted to reasonably rely on that.
(a) Legitimate Task Management and Collaboration: You agree to utilize the Service solely for lawful and legitimate task management and collaborative purposes and to refrain from any unlawful or unauthorized use.
(b) Prohibited Conduct: You shall not, nor shall you attempt to, interfere with or compromise the security, functionality, integrity, or performance of the Service. Any efforts to circumvent security features or to gain unauthorized access to any portion of the Service are strictly prohibited. Any violation of the Terms may result in immediate suspension or termination of your use of the Service.
THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASHTAR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ASHTAR DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, TIMELY, OR UNINTERRUPTED, NOR DOES IT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR PARTICULAR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASHTAR OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ASHTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ASHTAR’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ASHTAR IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF ASHTAR WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, FORCE MAJEURE, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE).
Certain aspects of the Service may integrate with or utilize third-party large language model providers. ASHTAR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY OUTPUT, SUGGESTIONS, OR CONTENT GENERATED BY SUCH THIRD-PARTY SYSTEMS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ANY ARTIFICIAL INTELLIGENCE OR MACHINE-GENERATED CONTENT.
Ashtar reserves the right, in its sole discretion and at any time, to modify, suspend, or discontinue the Service or any part thereof, temporarily or permanently, with or without notice. Ashtar shall not be liable to you or any third party for any such modification, suspension, or discontinuation, nor shall any refunds of any kind be provided, unless in the sole and absolute discretion and determination of Ashtar, Ashtar finds clear and convincing justification and support to provide either a full or partial refund.
Ashtar may revise or update these Terms from time to time, and any updates will be posted on this page. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of such changes.
In the event you elect to participate in the Ashtar Affiliate Program (the “Affiliate Program”), the following provisions shall apply, in addition to and superseding any conflicting provisions in these Terms:
You agree to indemnify, defend, and hold harmless Ashtar, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your breach or alleged breach of these Terms, (ii) your use or misuse of the Service, (iii) your participation in the Affiliate Program, or (iv) your violation of any law or the rights of a third party.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof, the parties shall first attempt to resolve the dispute by good faith mediation. If mediation fails to resolve the matter, the parties agree to submit the dispute to binding arbitration administered by a neutral arbitrator chosen by Ashtar. The arbitration shall be conducted on an individual basis, and the arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST ASHTAR IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT. YOU AND ASHTAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE BOTH FURTHER AGREE THAT ANY DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OR ANY OTHER PARTY. ALSO, THE ARBITRATORS MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
IF THE ARBITRATOR DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF ARBITRATION’S AGREEMENT’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IF ANY PART OF THIS AGREEMENT TO ARBITRATE IS DEEMED INVALID OR INAPPLICABLE, THE REMAINDER OF THE AGREEMENT TO ARBITRATE SHALL STILL BE CONSIDERED VALID AND ENFORCEABLE.
YOU AND ASHTAR AGREE THAT THE AGREEMENT TO ARBITRATE SHALL SURVIVE TERMINATION OF THESE TERMS, AND THE TERMINATION OF ANY SERVICES.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You consent to the personal jurisdiction of the courts located in the State of Delaware for the resolution of any judicial proceedings that may arise in connection with arbitration or otherwise under these Terms.