Terms of Service

1. Agreement to Terms

By accessing or using StillGood AP, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and StillGood AP.

You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Service Description

StillGood AP is a desktop application that monitors astrophotography equipment during imaging sessions by analyzing log files from various astrophotography software programs (currently NINA and PHD2). The Service provides:

• Real-time monitoring of astrophotography software log files
• Intelligent detection of equipment failures and issues
• SMS or email alert notifications when critical problems occur
• Activity history and session tracking
• Rate-limited alert delivery (40 SMS or 80 email per 12-hour period)

The Service currently supports NINA and PHD2 software. Additional software support may be added in the future. The Service requires an active internet connection to deliver alerts and activate licenses.

3. Account Registration and License

Account Creation

To use the Service, you must create an account by providing a valid email address and completing the subscription process. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your license key confidential and secure
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

License Grant

Upon payment of the applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the StillGood AP desktop application
• Use the application on one (1) computer at a time
• Receive alert notifications via your chosen method (SMS or email)

License Activation

Your license key is tied to a specific email address and phone number. You may:

• Activate your license on one computer at a time
• Transfer your license to a different computer
• Reactivate on the same computer after reinstallation

Note: License sharing, resale, or simultaneous use on multiple computers is strictly prohibited and may result in immediate termination.

4. Subscription and Billing

Subscription Plans

StillGood AP is offered as a monthly subscription service at $9.99 per month (the "Pro Plan"). Pricing is subject to change with 30 days' notice to existing subscribers.

Billing Cycle

Subscriptions are billed monthly on a recurring basis. Your billing cycle begins on the date of your initial subscription and repeats monthly thereafter. You authorize us to charge your payment method on file at the beginning of each billing cycle.

Automatic Renewal

Your subscription will automatically renew each month unless you cancel before the renewal date. You will be charged the then-current subscription rate for each renewal period.

Payment Processing

All payments are processed securely through Stripe. We do not store credit card numbers. By providing payment information, you authorize Stripe to charge your payment method for all subscription fees.

5. Payment Terms

Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover) through Stripe. You must maintain a valid payment method on file.

Failed Payments

If a payment fails:

• We will attempt to charge your payment method up to three times over a 7-day period
• You will receive email notifications of failed payment attempts
• Your service may be suspended if payment is not received within 7 days
• Your account may be terminated after 14 days of non-payment

Price Changes

We reserve the right to change subscription prices with 30 days' advance notice. Price changes will not affect your current billing cycle. You may cancel your subscription if you do not agree to the new pricing.

6. Refunds and Cancellations

Cancellation Policy

You may cancel your subscription at any time through:

• The Stripe Customer Portal accessible from the Manage Subscription page

Cancellation Terms

• Cancellations take effect at the end of your current billing period
• You retain access to the Service until the end of the paid period
• No partial refunds are provided for the current billing period
• You will not be charged for subsequent billing periods after cancellation
• You may resubscribe at any time

No Refunds for Violations

No refunds will be provided if your account is terminated for violation of these Terms, including but not limited to license sharing, abuse of the Service, or fraudulent activity.

7. User Responsibilities

As a user of StillGood AP, you are responsible for:

• Equipment Configuration: Properly configuring your astrophotography equipment and software (NINA, PHD2, etc.)
• Log File Access: Ensuring the application has permission to access log file directories
• Internet Connection: Maintaining a stable internet connection for alert delivery
• Alert Monitoring: Regularly checking for alerts and responding appropriately
• Contact Information: Keeping your phone number or email address current
• System Requirements: Using compatible hardware and software as specified in our documentation
• Data Backup: Maintaining your own backups of astrophotography data and images
• Account Security: Protecting your license key and account credentials

8. Acceptable Use Policy

You agree NOT to:

• Share, sell, rent, or transfer your license key to others
• Use the Service on multiple computers simultaneously
• Circumvent license activation
• Reverse engineer, decompile, or disassemble the application
• Modify, adapt, or create derivative works of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Use automated means to access the Service except through our provided interfaces
• Interfere with or disrupt the Service or servers
• Transmit viruses, malware, or other malicious code
• Abuse alert rate limits through excessive or fraudulent requests
• Impersonate any person or entity or misrepresent your affiliation

9. License Restrictions

Single Device License

Each license is valid for use on ONE computer at a time. Attempts to use a single license on multiple computers simultaneously will result in license deactivation and possible account termination.

License Transfer

You may transfer your license to a different computer by:

1. Uninstalling the software on your current computer
2. Installing and activating on your new computer

There is no limit to the number of transfers, but the license may only be active on one computer at any given time.

No Resale or Redistribution

You may not sell, lease, lend, rent, redistribute, or sublicense the Service or your license key to any third party. Licenses are non-transferable to other individuals or organizations.

10. Intellectual Property

Ownership

StillGood AP and all related content, features, functionality, software, code, design, logos, trademarks, and other intellectual property are owned by StillGood AP and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

These Terms grant you only a limited, revocable license to use the Service as described. You do not acquire any ownership rights to the Service or any intellectual property.

User Data

You retain all rights to your astrophotography data and images. StillGood AP only accesses log file text data necessary to provide the monitoring service. We do not claim any ownership of your data.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

11. Service Availability and Limitations

Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance and upgrades
• Emergency maintenance or repairs
• Third-party service outages (Twilio, SendGrid, Stripe)
• Internet connectivity issues
• Force majeure events beyond our control

Alert Rate Limits

To prevent abuse and control costs, the Service enforces rate limits:

• SMS alerts: Maximum 40 per 12-hour period
• Email alerts: Maximum 80 per 12-hour period
• Alerts beyond these limits will not be delivered

No Guarantee of Alert Delivery

We make commercially reasonable efforts to deliver alerts promptly, but we cannot guarantee:

• Delivery of all alerts in all circumstances
• Immediate delivery (delays may occur)
• SMS delivery to all carriers or regions
• Email delivery (subject to spam filters, inbox rules)
• Detection of all equipment failures

Software Compatibility

The Service currently supports NINA and PHD2. We may add support for additional software but make no guarantees about future compatibility or continued support for specific software versions.

12. Disclaimers and Warranties

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of alerts
• Warranties that defects will be corrected
• Warranties about the results obtained from using the Service

No Equipment Control

StillGood AP is a monitoring and alerting tool only. It does not:

• Control your astrophotography equipment
• Prevent equipment failures
• Repair or fix equipment issues
• Guarantee the success of imaging sessions
• Replace proper equipment maintenance or monitoring

Third-Party Services

We are not responsible for the performance, reliability, or availability of third-party services including Twilio (SMS), SendGrid (email), Stripe (payments), or any third-party software (NINA, PHD2).

13. Limitation of Liability

No Liability For

WE SHALL NOT BE LIABLE FOR ANY:

• Equipment Damage: Damage to your telescope, mount, camera, or other astrophotography equipment
• Lost Data: Loss of images, data, or session recordings
• Missed Opportunities: Lost imaging time or failed imaging sessions
• Failed Alerts: Missed, delayed, or undelivered alerts or notifications
• Service Interruptions: Service downtime, outages, or unavailability
• Third-Party Failures: Failures of NINA, PHD2, Twilio, SendGrid, or other third parties
• Indirect Damages: Consequential, incidental, special, exemplary, or punitive damages
• Lost Profits or Revenue: Even if advised of the possibility of such damages

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Basis of the Bargain

You acknowledge that the subscription fee reflects the allocation of risk set forth in these Terms and that we would not provide the Service without these limitations on liability.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless StillGood AP and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your negligence or willful misconduct
• Equipment damage or data loss resulting from your use of the Service
• Any third-party claims related to your use of the Service

This indemnification obligation will survive termination of these Terms and your use of the Service.

15. Termination

Termination by You

You may terminate your subscription at any time as described in Section 6 (Refunds and Cancellations). Termination takes effect at the end of your current billing period.

Termination by Us

We may suspend or terminate your account immediately, without notice or liability, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent activity or license sharing
• Your payment fails and remains unpaid for 14 days
• We are required to do so by law or court order
• We reasonably believe continued access poses a security or legal risk

Effect of Termination

Upon termination:

• Your license key will be immediately deactivated
• You will lose access to the Service
• Your data may be deleted in accordance with our Privacy Policy
• No refunds will be provided for violations of these Terms
• Sections of these Terms that by their nature should survive will remain in effect

Service Discontinuation

We reserve the right to discontinue the Service at any time with 30 days' notice. In such case, we will provide a pro-rata refund for any unused portion of your subscription.

16. Dispute Resolution and Arbitration

Informal Resolution

Before filing any legal claim, you agree to first contact us at legal@stillgoodap.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith for 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute arising from or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that:

• You may bring claims in small claims court if they qualify
• Either party may seek injunctive or other equitable relief in court for intellectual property infringement

Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Arbitration Costs

The arbitration will take place in Dane County, Wisconsin. Each party will bear their own legal fees and costs unless the arbitrator awards costs to the prevailing party.

Some jurisdictions do not allow arbitration agreements. If arbitration is not enforceable in your jurisdiction, this section does not apply and disputes will be resolved in court.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Updating the "Last Updated" date at the top of these Terms
• Sending an email notification to your registered email address
• Displaying a prominent notice in the application or website

Changes take effect immediately upon posting unless otherwise stated. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription. Your sole remedy for disagreement with modified Terms is to cancel your subscription.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law principles.

Any legal action or proceeding arising from or relating to these Terms or the Service (that is not subject to arbitration) shall be brought exclusively in the state or federal courts located in Dane County, Wisconsin, and you consent to the personal jurisdiction of such courts.

If you are a consumer in the European Union, you may also have the right to bring proceedings in your country of residence.

19. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and StillGood AP regarding the Service and supersede all prior agreements and understandings.

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, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, pandemics, or failure of third-party services.

Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not located in a country subject to U.S. embargo or on any U.S. government list of prohibited parties.

Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and promotional messages. You agree that all agreements, notices, and other communications satisfy any legal requirement that such communications be in writing.