1. ACCEPTANCE OF TERMS
By downloading, installing, accessing, or using the Destiny Signs mobile application (“App”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, please do not use the App. These Terms constitute a legally binding agreement between you and Destiny Signs (“we,” “our,” or “us”).
2. ELIGIBILITY AND REGISTRATION
2.1 Age Requirement
You must be at least 13 years of age to use the App. If you are between the ages of 13 and 18, you represent that you have your parent or guardian’s permission to use the App.
2.2 Account Creation
Creating an account is optional but provides enhanced functionality such as cross-device synchronization. When creating an account, you agree to:
- Provide accurate and complete information
- Update your information to keep it current
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
2.3 Multiple Devices
You may access the App from multiple devices using the same account. The App will synchronize your prediction data and background preferences across these devices.
3. SERVICE DESCRIPTION
3.1 Prediction Content
Destiny Signs provides daily predictions and personalized content. Predictions are generated through a combination of pre-written content and algorithmic selection.
3.2 Entertainment Purpose
All predictions, content, and guidance provided through the App are for entertainment purposes only. You should not rely on this content for making important life decisions.
3.3 Background Images
The App uses various background images to enhance your experience. These images are categorized as:
- Standard backgrounds (available to all users)
- Premium backgrounds (available only to premium subscribers)
3.4 Cross-Device Functionality
The App may synchronize your data, including prediction content and background preferences, across multiple devices when you are logged in.
4. SUBSCRIPTION SERVICES
4.1 Subscription Tiers
The App offers different levels of access:
- Free Access: Basic functionality with advertisements and standard backgrounds
- Premium Subscription: Enhanced functionality including ad removal, premium backgrounds, and additional features
4.2 Premium Features
Premium subscribers receive:
- Ad-free experience
- Access to premium backgrounds
- Enhanced user experience
- Priority access to new features
4.3 Subscription Terms
- Subscriptions are offered on monthly, quarterly, or annual basis
- Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current period
- Subscription prices may change, but you will be notified before any price change applies to you
4.4 Billing and Payment
- Payment will be charged to your account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
4.5 Cancellation Policy
- You can cancel your subscription through your device’s app store account settings
- Cancellation will take effect at the end of your current billing period
- No refunds will be provided for the unused portion of any subscription period
4.6 Trial Periods
- We may offer free trial periods for premium subscriptions
- Any unused portion of a free trial will be forfeited when you purchase a subscription
- Trial eligibility is determined at our discretion
4.7 Grace Period
We may provide a grace period after subscription expiration during which premium features remain available. This grace period is provided at our discretion and may be changed or eliminated.
5. USER CONDUCT AND RESTRICTIONS
5.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Use the App for any illegal purpose
- Attempt to gain unauthorized access to any portion of the App or its systems
- Disable, interfere with, or circumvent any security feature of the App
- Reverse engineer, decompile, or disassemble the App
- Create derivative works based on the App or its content
- Use automated means to access or use the App
- Misrepresent your identity or affiliation
- Harass, abuse, or harm another person
- Distribute or post spam or unsolicited messages
5.2 Content Restrictions
You may not use the App to store, share, or transmit:
- Illegal or harmful content
- Malicious code or software
- Content that infringes intellectual property rights
5.3 Background Usage
You may not extract, download, or use the background images provided in the App for any purpose other than viewing them within the App.
5.4 System Interference
You agree not to interfere with or disrupt the App’s servers or networks or disobey any requirements, procedures, policies, or regulations of networks connected to the App.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership
The App, including all content, features, and functionality, is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Predictions and Text Content
All prediction text, descriptions, and written content within the App are protected by copyright and may not be reproduced, distributed, or used without our permission.
6.3 Background Images
All background images in the App are either owned by us or used under license and may not be extracted, reproduced, or used outside the App.
6.4 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use according to these Terms. This license does not include:
- Modifying or creating derivative works
- Using the App for commercial purposes
- Removing proprietary notices from the App
- Making the App available over a network
- Using the App in a way that violates applicable laws
6.5 Feedback
If you provide feedback or suggestions about the App, we may use this feedback without restriction or compensation.
7. USER CONTENT AND SHARING
7.1 Sharing Features
The App allows you to share prediction content through your device’s sharing mechanisms. When using these features:
- You are responsible for what you share and with whom
- Shared content must comply with these Terms
- We cannot control how recipients may use your shared content
7.2 User Content License
By sharing content through the App, you grant us a non-exclusive, royalty-free, worldwide license to use, host, store, and display such content for the purpose of providing the App’s services.
7.3 User Content Representations
You represent that you own or have necessary rights to any content you share through the App and that such sharing does not violate any third-party rights.
8. THIRD-PARTY SERVICES AND LINKS
8.1 Third-Party Services
The App may integrate with or provide links to third-party services, including:
- Authentication providers
- Advertising services
- Analytics services
- Payment processors
- Social media platforms
8.2 Third-Party Terms
Your use of third-party services is subject to their terms of service and privacy policies. We are not responsible for the content, privacy practices, or business practices of any third-party services.
8.3 Advertising
For non-premium users, the App displays advertisements provided by third-party ad networks. These advertisements are subject to the privacy policies and terms of the respective ad providers.
9. DISCLAIMER OF WARRANTIES
9.1 “AS IS” Provision
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2 Prediction Accuracy
WE DO NOT WARRANT THAT THE PREDICTIONS OR CONTENT PROVIDED THROUGH THE APP WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR SPECIFIC CIRCUMSTANCES. PREDICTIONS ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
9.3 Service Availability
WE DO NOT WARRANT THAT:
- THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
- ERRORS OR DEFECTS WILL BE CORRECTED
- THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- RESULTS FROM USING THE APP WILL MEET YOUR REQUIREMENTS
9.4 Background Availability
WE DO NOT GUARANTEE THE CONTINUOUS AVAILABILITY OF ANY PARTICULAR BACKGROUND IMAGE. BACKGROUNDS MAY BE UPDATED, REMOVED, OR CHANGED AT ANY TIME.
10. LIMITATION OF LIABILITY
10.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP.
10.2 Specific Damages Excluded
WE SHALL NOT BE LIABLE FOR:
- ERRORS OR INACCURACIES IN PREDICTION CONTENT
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP
- UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP
- BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE APP
- ANY LOSS OR DAMAGE INCURRED AS A RESULT OF RELYING ON PREDICTION CONTENT
10.3 Basis of Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.
12. TERMINATION
12.1 Termination by You
You may terminate your use of the App at any time by:
- Requesting deletion of your account data from within the application
- Canceling any premium subscriptions
- Uninstalling the App from all your devices
12.2 Termination by Us
We may terminate or suspend your access to the App, without prior notice or liability, for any reason, including:
- Violation of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Non-payment of subscription fees
- Extended periods of inactivity
12.3 Effect of Termination
Upon termination:
- Your right to use the App will immediately cease
- Any provision that by its nature should survive termination shall survive
- We may delete your data in accordance with our Privacy Policy
12.4 Subscription Termination
Termination does not automatically cancel your subscription. You must cancel your subscription through your device’s app store settings.
13. MODIFICATIONS TO THE APP AND TERMS
13.1 App Modifications
We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice. This includes:
- Adding or removing features or functionality
- Changing the selection of available backgrounds
- Updating the prediction content or algorithms
- Adjusting the frequency of content updates
13.2 Terms Modifications
We may modify these Terms at any time by posting the revised Terms in the App. Your continued use of the App after changes become effective constitutes acceptance of the modified Terms.
13.3 Subscription Changes
We may change subscription plans and pricing at any time. Any changes will be effective upon posting within the App or notification to you. Changes to subscription prices will apply to the next billing cycle.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
14.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the App shall be resolved exclusively through:
- Good faith negotiation between the parties, followed by
- Final and binding arbitration under the rules of [Appropriate Arbitration Body]
14.3 Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14.4 Limitation Period
Any cause of action you may have arising out of or relating to these Terms or the App must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
15. BACKGROUND SYNCHRONIZATION AND MANAGEMENT
15.1 Background Availability
The App provides various background images that are:
- Downloaded and stored locally on your device
- Synchronized across your devices when logged in
- Categorized as standard (all users) or premium (subscribers only)
15.2 Background Restrictions
Premium backgrounds are only available to users with active premium subscriptions. When a subscription expires:
- Access to premium backgrounds will be revoked
- The display will revert to standard backgrounds
- Previously displayed premium backgrounds will be stored but not displayed
15.3 Background Updates
We periodically update the selection of available backgrounds. These updates may:
- Add new backgrounds to the collection
- Remove certain backgrounds from availability
- Move backgrounds between standard and premium categories
16. PREDICTION GENERATION AND LIMITATIONS
16.1 Prediction Process
Predictions are generated through:
- A curated database of prediction content
- Algorithms that select content based on various factors
- Synchronization processes for cross-device consistency (for Premium accounts only)
16.2 Prediction Frequency
New predictions are typically generated:
- Once every 24 hours
- At consistent intervals determined by our systems
- In response to specific user actions as defined in the App
16.3 Prediction Limitations
You acknowledge that:
- Predictions are for entertainment purposes only
- The same prediction may be shown to multiple users
- Predictions are not personalized based on your individual circumstances
- We make no claims about the accuracy or applicability of predictions
17. MISCELLANEOUS PROVISIONS
17.1 Force Majeure
We shall not be liable for any failure to perform our obligations if such failure is due to factors beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
17.2 Assignment
You may not assign these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms at any time without notice.
17.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior agreements and understandings.
17.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.
17.5 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
17.6 Relationship
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
17.7 Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
support@destinysigns.com