Distance Sales Agreement including Terms and Conditions of Use

Parties

This Terms and Conditions of Use (“Terms of Use”) and Distance Sales Agreement (“Agreement”) is entered into between Astopia (“Astopia”) and the members who accept these Terms of Use in order to benefit from the content services (“Astopia Service”) to be downloaded through Astopia application on mobile devices, phones, smart TVs, and/or other technological devices (“Astopia-supported devices”) based on a subscription basis, primarily including astrological consulting services.

The commercial information regarding Astopia in this Agreement is as follows:

Company Name: ASTOPIA TECH OÜ

Trade Registry Office and Trade Registry Number: 16165950

Tax Office and Tax Number:

Company Address: Harju County, Tallinn, Kesklinna linnaosa, Viru väljak 2, 10111

Company Phone: +372 82720727

Company Email Address: info@astopia.com

Information about the Member: Personal information is provided on the payment page.

What is Astopia Platform?

Astopia platform is a subscription service through the membership model, which aims to monitor and analyze the positions of the Sun, Moon, and other planets in space and their effects on beings on Earth, based on artificial intelligence created by expert astrologers. Members can benefit from astrological information and personal development program services through the Astopia application on Astopia-supported devices.

This Agreement determines the rules for using the service and the service fee that the Member is obliged to pay, the conditions for benefiting from the services available on the Astopia platform, and the rights and obligations of the parties in accordance with the Law No. 6052 on the Protection of the Consumer and the Distance Contracts Regulation. With this Agreement, participation in the contents created by Astopia is ensured, and it is accepted that by registering and purchasing a membership on the platform, the conditions stated herein are bound.

This Agreement is an integral part of the Preliminary Information Form and Privacy Policy texts included with it.

Membership

3.1. To become a member, one must be at least 18 years old. Those under the age of 18 (or the legal age of majority in their country) must obtain parental consent and have their parents read and accept the Agreement before becoming a member. By registering on the platform, individuals confirm that they meet the eligibility criteria.

3.2. If the Member meets the specified eligibility criteria, they can sign up for Astopia and purchase a membership. However, Astopia may provide free content to Members from time to time, and different concepts may be determined for the Premium Membership model, which allows access to all content, including Weekly, Monthly, and Annual subscriptions. It is accepted that accurate, precise, valid, and complete information will be provided during registration and will be maintained thereafter.

3.3. The subscription continues until terminated upon the request of one of the Parties. In order to use the Astopia Service, the Member must have internet access and a device supporting the Astopia Service, and a Payment Method must be provided. The Payment Method means the existing, valid, recognized payment method that may be updated from time to time and may include payment through a third party. Astopia has the right to unilaterally change the payment method in question.

3.4. The purchased service is delivered electronically. The Member can start benefiting from the service from the moment the payment is collected. Unless otherwise specified by Astopia, the Member can sign up for the Astopia Platform and access the content via their email address.

3.5. Astopia may offer several different membership plans, including memberships offered together with third-party products or services, and cannot be held responsible for the operation of products or services offered by third parties. For example, in the Astopia Platform, unlimited access to content may be provided temporarily for Free Memberships through campaigns or for introductory purposes, while access to all content may be available for a fee in Premium Memberships. Membership plans and content within the platform may be revised by Astopia from time to time, subject to different conditions.

3.6. Astopia acknowledges that the personal information provided by its users is accurate in accordance with the distance sales agreement. It does not perform accuracy checks. It is accepted that the person providing the information is themselves at the stage of providing personal information, and it is considered that the person’s friend is themselves when adding friend information. In cases where information, documents, data, or records are requested by authorized authorities in accordance with the conditions required by law, Astopia is obliged to share this information with administrative and judicial authorities in the forms accepted by the law.

Member’s Obligations and Account Usage

The Member is solely responsible for maintaining the confidentiality of their account and is entirely responsible for all actions related to their password and account information. In order to maintain control of the account and prevent others from accessing it, the Member must not share their membership ID and/or password with anyone or make it accessible in any way. The account must be used individually, and Astopia will not be held responsible for any breaches of privacy that may occur. In the event of such a breach, Astopia reserves the right to unilaterally cancel the membership and no refund will be provided. However, if the password is compromised by third parties or if the account is used unauthorizedly or if any other security breach occurs, the Member should contact Astopia support team via info@astopia.com.

Membership conditions may be changed by Astopia when deemed necessary and may be updated from time to time. It is agreed that the content will be subject to development and change depending on technological advancements, and the scope of the service may change with campaigns and innovations. Therefore, the Member is responsible for keeping up with the current conditions.

The Member agrees not to open, use, reproduce, modify, download, sell, transfer, publish, or make the account accessible for any commercial purposes.

Through the account, the Member can access the Astopia Service, participate in it, and benefit from other opportunities, activities, and be informed about advertisements and campaigns. The Member agrees not to engage in any action or conduct that may harm or interfere with the Astopia Service or have any other impact in any way or form. The Member is considered to have agreed and committed to using the Astopia Service, along with all related features and functionalities, in compliance with all applicable laws, rules, and regulations or other restrictions on the use of the relevant service or content. In addition, as membership grants the authority to have an account, it is accepted that the membership will not be used for abusive purposes (including infecting the account with any computer virus through the account or using the account with a discriminatory, offensive, vulgar, malicious, defamatory attitude, or any other violations or conflicts with the rights of any other person).

If the Member violates the Agreement, uses the service illegally or for fraudulent purposes, or is found to engage in any fraudulent, deceptive, or abusive actions, or if it is determined that the Member is under the age of 18 without parental consent, Astopia reserves the right to unilaterally terminate the membership while reserving its legal rights.

Price of the Service

The service fee of Astopia will be collected from the Member through third parties (App Store and Google Play) or the Member’s bank or credit card (“Payment Method”). The following payment methods will be used to collect the service fee from the Member:

For Monthly Premium Subscription: The subscription fee will be collected on the anniversary date corresponding to the purchased subscription, unless the purchased subscription is canceled, and the payment page specifies the subscription fee.

For “See Your Friend’s Chart” option: The purchased package includes a one-time purchase.

For 3-Month Premium Subscription: The subscription fee will be collected at the beginning of the 3-month period corresponding to the renewed subscription, unless the purchased subscription is canceled, and the payment page specifies the subscription fee.

For Annual Premium Subscription: The subscription fee will be collected at the beginning of each annual period, unless the purchased subscription is canceled, and the payment page specifies the subscription fee. The total amount will be collected by Astopia in a lump sum or in installments as determined by Astopia. Information about taxes is also provided on the payment page.

Astopia reserves the right to make unilateral changes to the service fee and payment of the service fee at any time. The rights specified in Article 6.2 and 6.3 of this Agreement are reserved.

Invoicing and Membership Cancellation

6.1. Invoicing Periods

Astopia will collect the membership fee, as well as any taxes and possible transaction fees related to the use of the service, on the specified payment date through the selected Payment Method. In cases such as the non-approval of the Payment Method, no change in the subscription plan, or the paid membership starting on a day not included in the relevant month, changes may occur in the payment date.

Unless the Membership is terminated by the Member during the subscription period, the subscription will be renewed in the selected period (Monthly, 3-Month, or Annual) and the fee determined by Astopia for the renewed period will be collected from the Payment Method specified by the Member on the anniversary date corresponding to the billing date. If the renewal is not desired, the Membership can be canceled via the mobile application accounts through phone settings if purchased through third parties (App Store and Google Play), or via the Member account settings if purchased by entering card information on the Platform.

6.2. Payment Methods

In cases where the Payment Method is not valid, there is insufficient balance, or for other reasons, if the payment cannot be successfully made and the account is not canceled, Astopia may suspend or restrict access to the service (changing the Membership status from Premium to Free Membership or limiting access to certain content). When using certain Payment Methods, the provider organization may charge various fees such as external transaction fees related to the processing of the Payment Method from the Members. Local tax amounts may vary depending on the Payment Method used.

The Member can update the Payment Method. The Payment Method can also be updated using the information provided by payment service providers. After any update, Astopia must be informed in order to continue charging the fee through the valid Payment Method.

If the service fee cannot be collected due to cases such as the payment being made without generating a receipt (e.g., by credit card) and the credit card being unlawfully used by someone else, Astopia is not responsible for such incidents.

In cases of force majeure, unforeseen events, or disruptive conditions that are considered force majeure within the scope of the Estonian Code of Obligations and are beyond the control of Astopia, Astopia will not be held responsible for delayed or incomplete performance or non-performance of any of its obligations. Such situations will not be considered as delays, incomplete performance, non-performance, or default for Astopia, and no compensation may be claimed from Astopia under any title for such situations.

For more detailed information, contact the Astopia support team at info@astopia.com.

Cancellation of Membership and Refunds

7.1. The Member has the right to terminate the Membership at any time, and the Membership will be terminated at the end of the relevant billing period.

7.2. If the Member cancels the Membership during the billing period, the Member will not be refunded for the remaining days of the billing period, and access to the Astopia Service and content will continue until the end of the billing period.

7.3. The Member acknowledges and agrees that the Membership fee is non-refundable, and there will be no refunds or credits for partially used billing periods, except as required by applicable law or stated otherwise in this Agreement.

7.4. Astopia reserves the right to suspend or terminate the Membership of the Member and deny access to the Astopia Service and content in case of violation of the Agreement, fraudulent activity, or any other reason deemed necessary by Astopia.

Data Protection and Privacy

8.1. Astopia complies with the General Data Protection Regulation (GDPR) and ensures the protection of personal data collected from Members. The Privacy Policy and the Preliminary Information Form, which are integral parts of this Agreement, explain how personal data is collected, processed, and protected.

8.2. Astopia may collect and process personal data provided by the Member in accordance with the Privacy Policy and the applicable legislation. By accepting this Agreement, the Member acknowledges and consents to the collection and processing of their personal data by Astopia.

8.3. Astopia may share personal data with third parties, including service providers, in order to provide the Astopia Service and improve its quality. These third parties are also required to comply with data protection regulations and take appropriate measures to protect personal data.

8.4. The Member is responsible for the accuracy, completeness, and updating of the personal data provided to Astopia. Astopia will not be held liable for any damages or losses arising from inaccurate or outdated personal data provided by the Member.

Miscellaneous

9.1. This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

9.2. Any amendments or modifications to this Agreement must be made in writing and signed by both parties.

9.3. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

9.4. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

9.5. This Agreement shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Estonian courts.

Please read this Agreement carefully before accepting it. By accepting this Agreement, you acknowledge that you have read, understood, and agreed to all its terms and conditions.

Right of Withdrawal

As a general rule, the digital content service provided under this Agreement is considered a service performed instantly in electronic form within the scope of Article 15/1(ğ) of the Distance Contracts Regulation, and therefore, the Member does not have the right of withdrawal.

However, Astopia acknowledges and declares that the Member has the right of withdrawal from the Agreement if the Member has purchased a Subscription and made the payment but has not logged into the system in any way using their email address and password within 7 (seven) days from the date of payment, without assuming any legal or criminal liability. Logging into the system is considered to have occurred from the moment the email address and password are created. The opposite of this situation must be proven by the Member.

The right of withdrawal can be exercised by notifying Astopia through the contact channels specified above within fourteen (14) days from the date of written notification, and Astopia will refund the amount paid by the Member. All refunds will be made to the payment method used by the Member when purchasing the service. Therefore, in the case of payments made by credit card, the refund will be made to the Member’s credit card. Third-party payment providers are responsible for fee refunds for payments made through third parties.

In order to exercise the right of withdrawal, the Member must prove that they have not logged into the system using the password sent to their mobile phone.

Promotional Offers and Other Services

Astopia may occasionally offer promotional offers, plans, or memberships. The criteria for such offers are determined entirely at the discretion of Astopia. Astopia reserves the right to cancel such offers and suspend accounts.

Astopia may engage in the sale of sports equipment or personal activity products through its sponsors, directly, or through its subsidiaries. Links to different sites and platforms related to product sales may be provided on the Astopia Platform. Astopia cannot be held responsible for these referrals and sales transactions. Announcements will be made in this regard.

The Astopia Service is continuously updated. Members should stay informed about the developments in order to make the best use of the service and provide feedback when necessary. Many aspects of the Astopia Service are subject to testing by the Astopia team on an ongoing basis.

Limitation of Liability

The Astopia Service is provided without any commitment or warranty, as specified. There may be interruptions in the service from time to time. In this regard, the Member acknowledges that they will not hold Astopia responsible for any deficiencies or disruptions in the service, except for Astopia’s negligence.

Activities carried out based on the services obtained within the platform may pose a risk for pregnant women, the elderly, individuals under specific treatment, individuals with chronic illnesses, and those at risk of injury in any way. Astopia cannot be held responsible in this regard.

All comments, chats, questions, answers, and recommendations provided during membership are for entertainment purposes only. Astopia does not assume any responsibility for astrologer suggestions, comments, or any damages that may occur. The user agrees to act cautiously regarding the recommendations and comments contained in these contents and agrees and undertakes in advance not to use the Astopia Service when necessary.

At the same time, Members acknowledge and consent that their personal data and personal data of special nature may be shared, processed, and stored in the cloud system by Astopia and/or third-party data processors. Personal data is processed, stored, and, if necessary, destroyed within the scope of the Personal Data Protection Law within Astopia. This situation has been reviewed by the Members in the Privacy Policy, and the Members have read and accepted the Information Notice.

To the extent permitted by the law, Astopia’s total liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with this Agreement or any services, shall not exceed an amount of 1,500.00 TL for any loss or damage suffered as a result of Astopia’s gross negligence and fault, which is not foreseen in these terms or in any service.

These limitations do not limit any non-waivable guarantees or consumer protection rights that Members may have under the mandatory laws of their country of residence.

Sharing and Processing of Personal Data

Within the scope of Astopia membership, certain personal data of Members may be shared and processed by Astopia in accordance with the purposes and conditions specified in the relevant legislation.

10.1. Data Controller

Members’ personal data may be processed by Astopia as the data controller, within the scope described below, in accordance with the Law on the Protection of Personal Data No. 6698 (“Law”). Detailed information regarding the purposes of processing personal data by Astopia is provided in the Privacy Policy accompanying this Agreement.

10.2. Purpose of Processing Personal Data, Recipients, and Transfer Purposes

The personal data collected from Members may be processed by Astopia within the purposes listed below, in compliance with the basic principles prescribed by the Law and within the personal data processing conditions specified in the Law, and may be transferred to Astopia’s business partners, suppliers, authorized public institutions, and authorized private individuals:

• Planning and execution of activities necessary for customizing the products and services offered by Astopia to the relevant individuals based on their preferences, usage habits, and needs, and for their promotion and introduction.
• Conducting the necessary work by Astopia business units to provide the relevant individuals with the products and services and to carry out the related business processes.
• Ensuring the legal, technical, and commercial-business security of Astopia and the individuals in a business relationship with Astopia.
• Planning and execution of Astopia’s commercial and/or business strategies.
• Conducting the necessary work by the relevant business units to carry out the commercial activities performed by Astopia and the related business processes.

10.3. Method of Collection and Legal Basis for Processing Personal Data

Members’ personal data will be collected by Astopia through voice communication tools or by filling out forms via the internet, within the purposes listed above and in electronic form. The collected personal data may be processed and transferred within the scope of the personal data processing conditions specified in the Law mentioned above. In this regard, the Privacy Policy is deemed to have been reviewed and accepted.

10.4. Rights of the Data Subject

As the data subjects, Members have the following rights as prescribed by the Law:

• To learn whether their personal data is being processed,
• To request information if their personal data has been processed,
• To learn the purpose of processing their personal data and whether it is used in accordance with its purpose,
• To know the third parties to whom their personal data is transferred, whether domestically or abroad,
• To request the rectification of their personal data in case it is incomplete or inaccurately processed and to request notification of the transaction made within this scope to the third parties to whom the personal data has been transferred,
• To request the erasure or destruction of their personal data in case the reasons requiring its processing cease to exist, despite being processed in accordance with the Law and other relevant laws, and to request notification of the transaction made within this scope to the third parties to whom the personal data has been transferred,
• To object to the occurrence of a result against them by analyzing the processed data solely through automated systems,
• To demand the compensation of damages in case they suffer damages due to the unlawful processing of their personal data.

Requests regarding these rights will be evaluated and concluded within the shortest time possible and no later than 30 (thirty) days upon submission to the email address info@astopia.com. Although no fee will be charged for these requests as a general rule, Astopia reserves the right to charge a fee based on the fee schedule determined by Astopia.

Applicable Laws and Jurisdiction

These Terms and Conditions and the Agreement are subject to Estonian law and shall be interpreted in accordance with Estonian law.

In the event of a legal relationship between the parties having a foreign element, the Member acknowledges, declares, and undertakes that Estonian law shall apply to all legal disputes that may arise, without reference to the rules of conflict of laws, and waives the application of the conflict of laws rules stipulated in the Estonian International Private Law and Procedure Law.

Miscellaneous Provisions

12.1. Members can contact Astopia at info@astopia.com for further information about the Astopia Service and its characteristics or if they need assistance regarding their account. In certain cases, the technical support team may need to use a remote access support tool that provides full access to the device on which the Astopia Service is received in order to assist Members in the best possible way. If access to the device in this way is not desired, support should not be allowed through the remote access tool.

12.2. If any provision or provisions of these Terms and Conditions or the Agreement are declared invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

12.3. The Member acknowledges, declares, and undertakes that Astopia’s official books, commercial records, and electronic information and computer records held on its servers, which provide full access to the device on which the Astopia Service is received, constitute conclusive, binding, and exclusive evidence for all disputes arising from this Agreement, including contractual obligations, torts (including negligence), or breaches of legal duty, within the meaning of Article 193 of the Code of Civil Procedure.

12.4. Astopia may change these Terms and Conditions and the Agreement from time to time. Members will be informed of such changes through the Platform at least 30 days before they become effective. The agreement, including related rights and obligations, including the ability to transfer or assign to another party at any time, and as a result of such transfer or assignment, the Member agrees to cooperate with Astopia.

12.5. Disputes arising from this Agreement, including all conditions and explanations stated in the Pre-Information Form and this Agreement, will be subject to the jurisdiction of the Consumer Arbitration Committees of the Province and District within the monetary limits announced and determined by the Ministry of Customs and Trade as required by law. In cases exceeding these limits, the Consumer Courts shall have jurisdiction. The Member acknowledges and declares that they have read and understood all the conditions and explanations in this Agreement and the Pre-Information Form, including the basic features and qualifications of the service, sales price, payment method, all pre-information and notifications, and the right of withdrawal and personal data-electronic communication, and accepts them by giving their confirmation, consent, and permission in electronic form.

12.6. Information related to the Member’s account (payment authorizations, invoices, password or payment method changes, confirmation messages, notifications, etc.) will be provided to Members only in electronic format (notification, email, etc.).

12.7. By clicking on the “register” button in the electronic environment after reading all the contents of these membership conditions in full, and with the passage of the Member’s email address and password to the Astopia records, the membership process is completed. The Member acknowledges and declares that they have knowledge of the essential qualities of the digital content services subject to membership and all other matters, as well as the fact that these membership conditions are binding and accepts them.