CUE Terms of Service

1. Scope and key definitions

1.1 “CUE,” “we,” “us,” and “our” mean ASTRUMEROLOGY LLC and its controlled products and services.

1.2 “Services” means CUE, CUEchats, Garry AI, CUE Credits, AI message credits, cuetheapp.com, cuewebapp.com, mobile and web applications, voice features, community spaces, restricted areas, events, promotions, beta features, and any related or successor experience that links to these Terms.

1.3 “Content” means text, audio, video, images, prompts, outputs, data, software, designs, models, methods, materials, and other content available through the Services. “User Content” means Content you submit, upload, transmit, save, post, or otherwise make available through the Services.

1.4 Additional terms may apply to a specific plan, purchase, promotion, feature, Community Space, or event. If additional terms conflict with these Terms, the additional terms control only for that specific subject and only to the extent of the conflict.

2. Eligibility and users under legal age

2.1 You must be at least thirteen years old to create or use a CUE account. If you are below the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who accepts these Terms for you. The Services are not directed to children under thirteen, and no person under thirteen may create an account or use the Services.

2.2 Purchases, paid subscriptions, promotions, voice features, Community Spaces, or restricted experiences may require a higher minimum age. Unless official rules expressly provide otherwise, entrants in a promotion must be at least eighteen years old and satisfy all stated eligibility requirements.

2.3 You may not use the Services if applicable law prohibits you from receiving them or if we previously terminated your account for a material violation, unless we give written permission.

3. Accounts, central profile, and security

3.1 You must provide accurate, current, and complete information and keep it updated. Your account may serve as your central profile across the Services.

3.2 You are responsible for safeguarding credentials, devices, and authentication methods and for activity conducted through your account to the extent permitted by law. You may not share, sell, transfer, or provide another person access to your account unless we expressly permit it.

3.3 Notify [email protected] promptly if you suspect unauthorized access or misuse. We may require identity, entitlement, or payment verification before restoring access, changing account information, or responding to a request.

4. License and permitted use

4.1 Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services for your personal, lawful, noncommercial use during your authorized access period.

4.2 No right is granted by implication, estoppel, or otherwise. We and our licensors reserve every right not expressly granted.

4.3 You must comply with documentation, product notices, Community Guidelines, technical limits, and reasonable instructions provided through the Services.

5. Plans, entitlements, and availability

5.1 We may offer free access, CUE Plus, weekly, monthly, annual, Lifetime, Garry AI, bundles, sponsored access, verified membership benefits, trials, credits, and other plans. The checkout screen or offer terms state the price, billing period, included benefits, limits, and eligibility that apply to your purchase.

5.2 Benefits, usage limits, pricing, promotions, and availability may vary by region, device, platform, purchase channel, account status, and eligibility. We may use verified third party membership status, including eligible GG33 Academy status, to determine sponsored benefits or pricing.

5.3 Entitlements are personal and may not be transferred, resold, pooled, or used for service bureau, commercial, automated, or shared access unless we expressly agree in writing.

6. Lifetime access

6.1 CUE will stop offering new Lifetime memberships after December 28, 2026. Ending new sales does not end a valid existing Lifetime entitlement. We may stop offering the plan earlier or extend the offer where permitted, but any valid purchase remains governed by the entitlement promised at purchase and these Terms.

6.2 “Lifetime” means access to the eligible core CUE features identified at the time of purchase for the commercial life of that core platform while we continue to operate and support it. It does not mean the lifetime of a user, guarantee perpetual operation, or require us to preserve any particular technology, interface, feature, integration, or provider.

6.3 The guaranteed original Lifetime entitlement consists of access to the CUE Calculator, CUE Calendar, and Search or Explore access to the CUE database for the commercial life of the eligible core platform. Full Number Compatibility and other benefits added after launch are additional privileges rather than guaranteed original Lifetime features and may be governed by stricter confidentiality, access, and use terms that a member must separately accept.

6.4 Lifetime access excludes Garry AI, CUEchats, permanent AI usage, unlimited AI usage, voice or call usage, Community Spaces, events, beta features, third party services, future products, future premium features, and any feature with material recurring provider cost unless the purchase description expressly includes it. We may provide Lifetime members a limited or promotional AI credit allocation, but the amount, cost based consumption rate, limits, expiration, and availability may be changed, reduced, suspended, or withdrawn at any time.

6.5 We may replace, modify, or discontinue features for legal, security, technical, commercial, or product reasons. If we discontinue the entire eligible core platform, the Lifetime entitlement ends. Nothing in a Lifetime purchase transfers ownership or grants rights to source code, datasets, models, prompts, research, methods, confidential materials, or intellectual property.

7. Credits and usage units

7.1 CUE Credits and AI message credits are separate limited licenses unless an offer expressly combines them. They are not money, stored value, legal tender, securities, or property and have no cash value outside the Services.

7.2 Credits may be purchased, earned, sponsored, or issued for promotional or support purposes. We may set eligibility, uses, balances, limits, expiration, and redemption rules disclosed at issuance or purchase. Credits are personal, nontransferable, and nonrefundable except where law requires otherwise.

7.3 We may correct balances affected by error, fraud, reversal, abuse, or unauthorized activity. If the Services or an account ends, unused credits expire unless applicable law requires a different result.

7.4 CUE Plus and other plans may provide a credit balance rather than a fixed number of AI messages. Different requests may consume different amounts of credits based on processing cost, model, feature, input size, output size, voice usage, system capacity, and other resource use. We may change credit costs, allocation amounts, rate limits, and usage rules at any time, subject to applicable law and any notice required for a material change to a paid subscription.

8. Subscriptions and automatic renewal

8.1 A subscription continues for the period shown at checkout and automatically renews for successive periods of the same length unless you cancel before the renewal date. By purchasing, you authorize the applicable payment provider to charge the stated price, taxes, and disclosed fees at each renewal using your selected payment method.

8.2 Before purchase, we will present the material subscription terms required by applicable law, including the price, billing frequency, renewal terms, cancellation method, and any trial or promotional conditions. Save the purchase confirmation for your records.

8.3 We may change a renewal price or material subscription term upon advance notice required by law. A price change takes effect on a future renewal and may require your affirmative consent where law or platform rules require it.

8.4 Trials and promotional prices convert to the paid subscription described at enrollment unless canceled before the stated conversion date. Grandfathered pricing may end if you cancel, change plans, lose eligibility, receive a refund, allow payment to lapse, or materially violate these Terms.

9. Purchases, payment, taxes, and payment disputes

9.1 Purchases may be offered through our websites, Stripe, Apple, Google, or another authorized channel. Prices and currencies may differ by channel or region. You are responsible for applicable taxes and charges disclosed at purchase.

9.2 Payment processors handle payment credentials under their own terms. We generally do not receive or store complete payment card or bank account numbers.

9.3 If a payment fails, is reversed, or is disputed, we may suspend the related entitlement while the issue is investigated. Before initiating a chargeback, please contact support so we can attempt to resolve the issue. We may recover unpaid amounts and reasonable collection or dispute costs where law permits.

9.4 You may not obtain more than one refund, reversal, or credit for the same transaction. If duplicate reimbursement occurs, we may work with the payment provider to reverse the duplicate amount. A refund or chargeback revokes the corresponding subscription, credits, digital Content, and other entitlement to the extent permitted by law.

9.5 We may provide transaction, account, access, and usage records to payment processors, banks, card networks, fraud prevention providers, or authorities when reasonably necessary to investigate or respond to a payment dispute. Fraudulent or abusive chargebacks may result in account termination, denial of future service, and lawful recovery action.

10. Cancellation and account deletion

10.1 You may cancel an automatically renewing subscription through the same channel used to purchase it or through another method we expressly provide. Cancellation stops future renewal and normally leaves access active through the paid period. It does not by itself create a refund.

10.2 Deleting an account does not automatically cancel a subscription billed by Apple, Google, Stripe, or another provider. You must cancel the subscription through the purchase channel. We will provide reasonably accessible cancellation instructions.

10.3 You may request account deletion through available account controls or by contacting [email protected]. We may verify the request. Deletion may remove access to saved Content, credits, entitlements, history, preferences, transcripts, and Community Spaces. Certain records may be retained when reasonably necessary for legal compliance, payment and tax records, fraud prevention, security, dispute resolution, enforcement, or other purposes described in the Privacy Policy.

11. Refunds

11.1 Except where applicable law or platform rules require otherwise, fees are nonrefundable after the applicable digital service, restricted Content, AI response, premium prompt, voice interaction, or other paid benefit has been accessed or used.

11.2 For eligible website purchases other than Garry AI, we may consider a refund request submitted within fourteen days for annual or semiannual plans and within seven days for monthly plans, taking account of usage, technical failure, fraud indicators, and the offer terms. These review periods do not guarantee a refund and do not limit mandatory legal rights.

11.3 Apple App Store and Google Play purchases are subject to the applicable store billing and refund process. We cannot promise approval of a store refund. No prorated refund is due for a canceled subscription unless law, platform rules, or an express offer requires it.

12. Artificial intelligence services

12.1 CUEchats, Garry AI, and other features may use artificial intelligence. Outputs are generated from probabilistic systems and may be inaccurate, incomplete, offensive, unexpected, outdated, or unsuitable. Similar or identical outputs may be provided to other users.

12.2 AI outputs are provided for informational and entertainment purposes. They are not professional advice and must not be used as the sole basis for medical, mental health, legal, tax, financial, investment, gambling, safety, employment, housing, credit, insurance, immigration, or other consequential decisions.

12.3 You are responsible for reviewing outputs, obtaining qualified advice where appropriate, and deciding whether and how to use them. Do not rely on an output as fact, a guaranteed prediction, a statement by a human expert, or an emergency service.

13. AI providers, data processing, and consent

13.1 To provide AI, voice, transcription, hosting, analytics, moderation, safety, fraud prevention, and support features, contracted service providers may process prompts, inputs, files, account context, device information, and outputs solely to provide services to CUE under applicable contractual and security controls. Conversation data is not authorized for use in training a provider’s general models. The categories of data, purposes, recipients, retention practices, and choices are described in the Privacy Policy and any feature notice presented before collection or transfer.

13.2 Where applicable law or platform rules require separate permission, we will request it through a clear feature notice or consent flow. Accepting these Terms does not replace any separate consent that law requires.

13.3 Do not submit secrets, regulated professional records, payment card data, government identifiers, another person’s personal information without authority, or information you do not want processed as described in the Privacy Policy. You represent that you have all rights and permissions needed for the data you submit.

13.4 Saved text conversation data may be accessed only by authorized CUE developers and personnel when reasonably necessary to operate, secure, troubleshoot, evaluate, and improve the CUE user experience. It is not made available for provider model training and is not disclosed to unauthorized persons. Access remains subject to the Privacy Policy, role restrictions, contractual safeguards, applicable settings, and any required consent.

14. Garry AI

14.1 Garry AI is an AI experience inspired by and built using licensed materials, methods, recordings, teachings, prompts, and contributions associated with Gary S. Grinberg, also known as Gary the Numbers Guy. It is not Gary, is not sentient, and is not a private reading or live interaction with Gary unless a specific offer expressly says otherwise.

14.2 Gary does not personally review, approve, or endorse each response. An output must not be quoted or presented as a statement, promise, prediction, endorsement, or instruction made personally by Gary.

14.3 Garry AI access may depend on plan, eligibility, usage limits, service capacity, safety controls, and fair use protections. Restricted prompts, knowledge, methods, recordings, and outputs may carry additional access and confidentiality rules.

15. Voice, call, and transcription features

15.1 Voice features may capture, transmit, process, transcribe, synthesize, and temporarily buffer audio to provide the requested interaction, generate responses, maintain security, troubleshoot, and support the service.

15.2 Raw voice audio is deleted after the requested voice interaction has been processed. CUE does not create or retain chat history or transcripts from voice sessions. Limited technical or security records that do not contain raw audio or a voice transcript may be retained as described in the Privacy Policy.

15.3 You may record or submit another person’s voice only with all legally required permission. You may not use voice features for impersonation, deception, biometric identification, surveillance, harassment, or violation of another person’s rights.

16. Human review, memory, and saved conversations

16.1 Only authorized CUE developers and personnel may review selected saved text interactions when reasonably necessary for support, quality evaluation, safety, security, abuse detection, legal compliance, and improvement of the CUE user experience. Conversation data is not used to train a provider’s general models and is not disclosed to unauthorized persons. Review remains subject to the Privacy Policy, role based access, contractual safeguards, and applicable consent requirements.

16.2 If a feature offers chat history, memory, or saving controls, your selections affect the product experience but may not eliminate limited retention required for security, legal compliance, billing, support, or enforcement. The Privacy Policy explains applicable retention and deletion practices.

16.3 You should not treat an AI interaction as confidential, privileged, or protected by a professional duty. Do not use the Services to communicate with a lawyer, doctor, therapist, financial adviser, or other regulated professional unless we expressly offer that separate service.

17. User Content

17.1 You retain ownership of rights you hold in User Content. You grant us a worldwide, nonexclusive, royalty free license to host, reproduce, process, adapt, transmit, display, and create technical derivatives of User Content only as reasonably necessary to operate, provide, secure, support, improve, and comply with law concerning the Services. This license may be sublicensed to service providers performing those functions for us.

17.2 For User Content you intentionally publish in a Community Space or otherwise make public, you also grant us a worldwide, nonexclusive, royalty free license to display, distribute, and promote that public Content in connection with the Services and the Community Space. We will not use private messages or private User Content in public marketing without permission.

17.3 You represent that you own or control all rights needed for User Content and that our permitted use will not violate law, privacy, publicity, confidentiality, contract, intellectual property, or other rights. You are responsible for User Content and its consequences.

17.4 You may request deletion of User Content, but removal may not be immediate or complete where copies remain in backups, legal records, content shared by others, or systems where retention is permitted by the Privacy Policy or law.

18. Feedback and product contributions

18.1 If you voluntarily provide ideas, feedback, corrections, suggestions, examples, or feature requests, you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty free right to use and commercialize them without restriction, attribution, approval, or compensation. This clause does not transfer ownership of personal information and does not override the Privacy Policy.

19. Community Spaces and moderation

19.1 Community Spaces may include groups, chats, Discord channels, calls, events, comments, beta areas, and member only spaces. You must follow posted Community Guidelines and respect privacy, confidentiality, and the rights of others.

19.2 We may monitor, moderate, label, limit visibility of, preserve, or remove User Content and may restrict or remove users when we reasonably believe action is needed for safety, law, rights protection, community integrity, or enforcement. We do not undertake a general duty to monitor all Content and do not endorse user statements.

19.3 Interactions with other users are at your own risk. We are not responsible for off platform conduct, transactions, advice, promises, or meetings between users.

20. Prohibited conduct

20.1 You may not use the Services for unlawful, fraudulent, deceptive, harmful, abusive, threatening, defamatory, exploitative, discriminatory, sexually exploitative, or rights violating activity.

20.2 You may not gain or attempt to gain unauthorized access to accounts, systems, infrastructure, databases, hidden instructions, prompts, model configurations, private materials, restricted responses, or protected knowledge.

20.3 You may not reverse engineer, decompile, scrape, crawl, harvest, mirror, archive, benchmark, clone, imitate, reproduce, republish, resell, distribute, or commercially exploit the Services except to the limited extent a restriction is prohibited by law.

20.4 You may not use bots, scripts, automated agents, bulk requests, prompt injection, denial of service techniques, malicious code, or other means to probe, overload, manipulate, disrupt, bypass, or interfere with the Services, safety controls, rate limits, paywalls, permissions, or moderation.

20.5 You may not use CUE Content, outputs, prompts, recordings, conversations, data, or protected knowledge to train, fine tune, evaluate, benchmark, develop, or operate an AI system, dataset, model, or competing product without our written permission.

20.6 You may not impersonate Gary, CUE personnel, or another person; falsely attribute an AI output to a person; fabricate an endorsement; manipulate an output for reputational harm; or use a person’s voice, identity, or likeness without authority.

20.7 You may not share accounts, evade enforcement, launder entitlements, coordinate prohibited conduct, or help another person violate these Terms. An attempted violation is a violation whether or not it succeeds.

21. Capture, sharing, confidentiality, and restricted Content

21.1 Content marked confidential, private, restricted, member only, Lifetime only, beta, or not for sharing may not be captured, copied, photographed, recorded, published, transmitted, demonstrated, or distributed without our written permission.

21.2 For Content not marked restricted, you may make limited personal, noncommercial captures only where the product permits and only if you do not expose another person’s information, imply endorsement, remove notices, disclose protected methods, or violate law or additional terms.

21.3 We may use access controls, watermarks, capture controls, and logging to protect restricted Content. You may not bypass those controls, including by using another device. Unauthorized disclosure may cause irreparable harm for which monetary damages are inadequate.

22. Gary identity and publicity rights

22.1 No access to the Services grants a right to use Gary S. Grinberg’s name, image, voice, likeness, persona, biography, reputation, trademarks, or identity in advertising, endorsements, merchandise, social media, applications, videos, synthetic media, or commercial promotions.

22.2 Only a party with current written authorization may publicly promote or demonstrate Garry AI using Gary related materials. Authorized parties must follow the approval scope and use only approved assets, claims, disclosures, and campaign materials. Authorization may be withdrawn as provided in the applicable written agreement.

23. CUE ownership and intellectual property

23.1 We and our licensors own the Services and all related technology, software, source and object code, interfaces, designs, brands, trademarks, domains, databases, datasets, algorithms, calculators, numerology and astrology systems, compatibility and timing systems, AI systems, prompts, workflows, research, methods, teaching frameworks, selections, arrangements, recordings, written materials, and other intellectual property.

23.2 Except for the limited license in Section 4, these Terms grant no ownership, copying, distribution, resale, teaching, adaptation, source access, data extraction, model training, derivative work, commercialization, or sublicensing right.

23.3 CUE, Garry AI, related names, logos, trade dress, and slogans are owned by us or our licensors. You may not use confusingly similar names, domains, social handles, metadata, keywords, or branding without written permission.

24. Copyright and rights complaints

24.1 If you believe Content available through the Services infringes your copyright or another legal right, send a notice to [email protected] and CUE, 651 N Broad St STE 201, Middletown, DE 19709 6402. Include your contact information, identification of the protected work, identification and location of the challenged material, a good faith statement, an accuracy and authority statement under penalty of perjury, and your physical or electronic signature.

24.2 We may remove or restrict challenged material and may terminate repeat infringers where appropriate. We may forward a complaint to the person who provided the challenged material. Knowingly submitting a materially false complaint may create liability.

25. Privacy, security, and data disclosures

25.1 Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and describes available choices and rights. The Privacy Policy is incorporated into these Terms to the extent permitted by law, but it does not reduce rights that cannot lawfully be waived.

25.2 You must review feature notices and permission prompts before enabling contacts, microphone, camera, notifications, tracking, precise location, or other sensitive access. You may change certain permissions in device or account settings, although doing so may limit functionality.

25.3 No system is completely secure. You use the Services with the understanding that transmission and storage carry risk. Notify us promptly if you discover a vulnerability and do not exploit, disclose, or retain data obtained through it.

26. Third party services and links

26.1 The Services may rely on or link to third party platforms, payment processors, AI providers, voice providers, app stores, analytics providers, communities, content, or websites. Their services are governed by their own terms and privacy practices. We do not control and are not responsible for a third party service except to the extent law provides otherwise.

26.2 Features may become unavailable or change because a provider changes or ends its service, terms, pricing, interface, permissions, or legal availability. We may replace providers or modify affected features.

27. Apple and Google store terms

27.1 If you download an application from the Apple App Store, you acknowledge that these Terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support. To the extent any warranty exists and the application fails to conform, you may notify Apple and Apple may refund the purchase price, if any, as required by its rules. Apple has no other warranty obligation to the maximum extent permitted by law. Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce the provisions applicable to them.

27.2 You represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government restricted party list. You must comply with applicable third party terms when using the application.

27.3 If you obtain an application through Google Play, Google is not a party to these Terms and has no responsibility for the application except as its platform terms expressly provide. Billing, cancellation, and refund requests made through Google Play are governed by Google Play procedures and applicable law.

28. Communications

28.1 We may send account, security, billing, legal, purchase, support, access, and service communications using contact information associated with your account. These operational messages are part of the Services and may continue even if you opt out of marketing.

28.2 We may send promotional email where permitted. You may unsubscribe using the message link or account controls. Promotional calls or text messages, including messages sent with automated technology, require any consent required by law. Promotional consent is optional and is not a condition of purchase unless law permits and the offer clearly states otherwise.

28.3 Message and data rates may apply. You are responsible for keeping contact information current and for charges imposed by your carrier.

29. Beta, preview, and experimental features

29.1 A beta, preview, early access, experimental, or evaluation feature may be incomplete, unstable, confidential, subject to special limits, and changed or discontinued without notice. It is provided for evaluation and should not be used for critical decisions or production reliance.

29.2 We may request feedback and may limit access at any time. Additional confidentiality or testing terms may apply.

30. Security monitoring and enforcement

30.1 We may use automated and human measures to detect fraud, scraping, automation, account sharing, prompt extraction, misuse, abnormal activity, security threats, payment abuse, and violations. Measures may evaluate account activity, device and network information, prompts, outputs, requests, payment events, and technical signals as described in the Privacy Policy.

30.2 We may rate limit, restrict, suspend, or terminate an account, entitlement, or feature, with or without advance notice, when we reasonably believe action is necessary to prevent legal, security, financial, operational, reputational, intellectual property, capacity, or user harm. We are not required to disclose detection logic, thresholds, or information that could compromise security.

30.3 We may preserve evidence, investigate, cooperate with providers and authorities, and pursue legal or equitable remedies. Enforcement may extend to connected accounts or identifiers where reasonably necessary to stop evasion, subject to applicable law.

31. Changes, suspension, and termination

31.1 We may add, remove, replace, limit, or discontinue Services or features for product, technical, security, legal, provider, or commercial reasons. We do not guarantee that any feature, output style, provider, prompt, integration, or level of availability will continue.

31.2 You may stop using the Services at any time. We may suspend or terminate access for a violation, legal requirement, safety concern, fraud, nonpayment, provider restriction, prolonged inactivity, or material risk. Where reasonable and legally required, we will provide notice and an opportunity to address the issue.

31.3 Upon termination, your license ends. Sections concerning ownership, restricted use, payments accrued, disclaimers, liability, indemnity, disputes, and any provision intended by its nature to survive will survive. Termination for material violation may result in loss of credits, promotional benefits, restricted access, or grandfathered pricing where law permits.

32. Disclaimers

32.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CUE AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINTERFERENCE, NONINFRINGEMENT, ACCURACY, RESULTS, SECURITY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

32.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETE, ACCURATE, CURRENT, UNINTERRUPTED, ERROR FREE, SECURE, AVAILABLE IN EVERY LOCATION, OR FREE OF HARMFUL COMPONENTS, OR THAT OUTPUTS WILL MEET YOUR EXPECTATIONS. WE DO NOT GUARANTEE PREDICTIONS, COMPATIBILITY, TIMING, OUTCOMES, PROFITS, WINNINGS, RELATIONSHIPS, HEALTH, OR OTHER RESULTS.

32.3 Some jurisdictions do not allow certain disclaimers, so some of the preceding language may not apply to you. You retain any nonwaivable consumer rights.

33. Limitation of liability

33.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY.

33.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE AMOUNT YOU PAID DIRECTLY TO CUE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

33.3 The exclusions and cap apply to every theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, including liability for fraud, willful misconduct, or personal injury caused by negligence where applicable law prohibits limitation.

34. Indemnification

34.1 To the maximum extent permitted by law, you will defend, indemnify, and hold harmless CUE, its affiliates, licensors, service providers, and their owners, directors, officers, employees, contractors, and agents from claims, proceedings, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from your User Content, misuse of the Services, violation of these Terms, violation of law, infringement or violation of another person’s rights, or fraud or willful misconduct.

34.2 We may control the defense and settlement of a covered claim. You will cooperate and may not settle a claim in a manner that admits liability by or imposes an obligation on an indemnified party without our written consent. This Section does not require a consumer to indemnify us for our own unlawful conduct.

35. Informal dispute resolution

35.1 Before filing arbitration or a lawsuit, the claimant must send an individualized written Notice of Dispute. A notice to CUE must be emailed to [email protected] and mailed to CUE, 651 N Broad St STE 201, Middletown, DE 19709 6402. A notice to you may be sent to your account email or mailing address.

35.2 The notice must identify the claimant, account, facts, legal basis, requested relief, and a personally signed statement that the information is accurate. The parties will attempt in good faith to resolve the dispute for sixty days after receipt. Any limitations period is tolled during that period.

35.3 This informal process is a condition precedent to arbitration or litigation. A court or arbitrator may enjoin a filing that does not comply and may award fees and costs caused by noncompliance where law permits.

36. Binding individual arbitration and class waiver

36.1 Except for an eligible individual action in small claims court and a claim seeking temporary or preliminary injunctive relief to protect intellectual property, confidential information, security, or prevent unauthorized access, you and CUE agree that every dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the demand is filed.

36.2 The Federal Arbitration Act governs this Section. The arbitrator has exclusive authority to decide the merits and questions about the scope, interpretation, and enforceability of this arbitration agreement, except that a court will decide disputes concerning the class action waiver, mass filing procedures, or requests for public injunctive relief where law requires a court decision.

36.3 Arbitration will occur by video, telephone, documents, or at a reasonably convenient location as required by the Consumer Arbitration Rules. Fees will be allocated under those rules and applicable law. The arbitrator may award the same individual remedies a court could award, but only to the extent necessary for the claimant’s individual claim.

36.4 YOU AND CUE WAIVE THE RIGHT TO A JURY TRIAL. EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

36.5 If twenty five or more substantially similar demands are submitted within one hundred eighty days by the same or coordinated counsel, the demands must proceed in batches of twenty five, with one arbitrator and one set of administrative fees per side for each batch, unless the administrator or a court requires another fair procedure. Only one batch will proceed at a time. Limitations periods are tolled for claims subject to batching. This procedure must not be used to delay an individual claim unfairly.

36.6 You may opt out of this arbitration agreement by sending a personally signed written notice to [email protected] and the mailing address in Section 35 within thirty days after you first accept these Terms. The notice must identify your account email and state that you opt out of arbitration. Opting out does not affect the remaining Terms.

36.7 If a portion of this Section is unenforceable, it will be severed and the remainder enforced, except that if the class action waiver is unenforceable as to a particular claim, that claim must proceed in court and not arbitration. An arbitration award may be entered in any court with jurisdiction.

36.8 At either party’s reasonable request, the arbitrator may protect confidential information disclosed during arbitration and require confidential material filed in court to be submitted under seal where permitted. The arbitration award will be written and state the essential reasons for the decision.

36.9 A party may make a written settlement offer before the hearing. The arbitrator may consider an unaccepted offer only when allocating recoverable costs after the award and only where applicable law and the arbitration rules permit.

36.10 This arbitration agreement survives termination of your account, subscription, these Terms, and your relationship with CUE. A rejection of a revised arbitration provision does not cancel any prior arbitration agreement that remains valid and applicable.

37. Governing law and courts

37.1 Delaware law governs these Terms, without regard to conflict of law principles, except that the Federal Arbitration Act governs arbitration. Mandatory consumer protections of your home jurisdiction remain applicable where they cannot lawfully be waived.

37.2 For a dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware, except where applicable consumer law gives you the right to file elsewhere. Either party may seek qualifying relief in small claims court.

38. International use, sanctions, and export controls

38.1 You may use the Services only where lawful. You must comply with applicable trade, export, sanctions, and import laws. You represent that you are not prohibited from receiving the Services under United States law and will not use the Services for a prohibited end use or on behalf of a restricted party.

39. Changes to these Terms

39.1 We may revise these Terms. We will post the revised version with a new effective date and provide advance notice of material changes through the Services, email, or another reasonable method where required. A change applies prospectively from its effective date.

39.2 Creating an account constitutes acceptance of the version presented during account creation. When we update these Terms, we may present an update notice when you open the application and require you to affirmatively accept the revised Terms before continuing. If you do not agree, you must stop using the affected Services and cancel any subscription before the next renewal. Continued use after the effective date constitutes acceptance only where law permits.

39.3 A change to Section 36 will not apply to a dispute for which the parties had actual notice before the change became effective, unless both parties agree.

40. General terms

40.1 Assignment. You may not assign or transfer these Terms or an entitlement without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, operation of law, or transfer to an affiliate.

40.2 No waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

40.3 Severability. If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective, subject to the specific severability rules in Section 36.

40.4 No agency. These Terms do not create employment, agency, partnership, joint venture, fiduciary, franchise, or representative authority.

40.5 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including disasters, cyberattacks, network or hosting failures, labor disputes, provider failures, app store action, government action, war, terrorism, epidemic, or infrastructure interruption.

40.6 Electronic records. You consent to electronic contracting, notices, and records. Electronic acceptance and records have the same effect as paper signatures and records, subject to applicable law.

41. Order of precedence and entire agreement

41.1 These Terms, the Privacy Policy, and applicable product, purchase, promotion, Community Space, and feature terms form the entire agreement concerning the Services and replace prior agreements on the same subject.

41.2 The order of precedence is: mandatory law and platform rules; specific purchase or promotion terms; specific product or feature terms; these Terms; Community Guidelines and operational policies. A Privacy Policy controls the treatment of personal information, and these Terms control contractual use of the Services, unless law requires otherwise.

41.3 Headings are for convenience. “Including” means including without limitation. A singular term includes the plural when context permits. No ambiguity will be construed against a party merely because it drafted the language.

42. Regional consumer terms

42.1 European Economic Area and United Kingdom. Nothing in these Terms deprives you of mandatory consumer or data protection rights in your country of residence. You may bring a qualifying consumer proceeding in the courts of your habitual residence where applicable law gives you that right. Any mandatory withdrawal, cancellation, refund, or digital content right remains available unless you validly consented to immediate performance and acknowledged the resulting effect on that right.

42.2 California. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or at 800 952 5210. Nothing in these Terms waives a California right that cannot lawfully be waived.

42.3 Other jurisdictions. If a mandatory law in your place of residence conflicts with these Terms, the mandatory law controls only to the extent of the conflict. All remaining provisions continue to apply.

43. Time limit for claims

43.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM FIRST AROSE. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. This period does not shorten a limitation period that applicable law prohibits the parties from shortening.

43.2 The informal dispute process in Section 35 tolls this period during the required resolution period. This Section is intended to operate as a separate agreement concerning the time for asserting claims.

44. Contact and notices

44.1 Support, billing, cancellation assistance, account requests, and general questions may be sent to [email protected].

44.2 Formal legal notices, Notices of Dispute, arbitration rejection notices, and intellectual property complaints must be sent to [email protected]. A notice that legally requires delivery by mail must also be sent to the mailing address below.

44.3 Mailing address: CUE, ASTRUMEROLOGY LLC, 651 N Broad St STE 201, Middletown, Delaware 19709 6402, United States.