Terms and Conditions of Use – AstroOrder

Last Updated: 02/12/2025

These Terms and Conditions ("Terms") govern the use of the "AstroOrder" software by the end user ("User"). By installing, activating, or using the Software, the User declares to have read, understood, and fully accepted these Terms. If not accepted, the User is not authorized to install or use the Software.

1. License of Use

The Controller, Marco Palaferri, grants the User a personal, non-exclusive, non-transferable, and revocable license to use the AstroOrder Software. The license is granted solely for the User's personal or internal professional purposes, in the astrophotography or related fields.

The license is valid within the limits (number of devices, number of activations, duration, any restrictions) indicated at the time of purchase or in the product documentation. The User does not acquire any intellectual property rights over the Software, which remains the exclusive property of the Controller.

2. Limitations of Use

The User agrees to use the Software in compliance with the law and these Terms. In particular, it is expressly prohibited to:

1. Copy, distribute, resell, sublicense, rent, or make available to third parties the Software, in whole or in part, without express written authorization from the Controller;
2. Bypass or attempt to bypass license protection, activation, or verification mechanisms, including the use of keygens, cracks, or similar techniques;
3. Modify, translate, decompile, disassemble, or perform reverse engineering on the Software, except to the extent expressly permitted by applicable mandatory law;
4. Use the Software in a way that causes damage to the Controller, other users, or third parties, or for illicit purposes.

In case of violation of these Terms, the Controller reserves the right to suspend or revoke the license, disable access to activation services, and take legal action.

3. Updates and Changes to Software

The Controller may, at their discretion, release updates, improvements, or new versions of the Software. Unless otherwise indicated, maintenance updates and minor versions (e.g., bug fixes) are included in the purchased license.

Any new "major" versions or distinct products may be subject to a new license or a paid upgrade. The Controller also reserves the right to modify, suspend, or discontinue the development and distribution of the Software, without this entailing any obligation of compensation to the User, without prejudice to mandatory rights provided by law.

4. Payments and License Management

License sales and payment processing are handled by third-party providers, specifically FastSpring, which acts as the Merchant of Record. FastSpring manages collections, issuance of receipts/invoices, and tax compliance related to the transaction.

The Controller does not directly process sensitive payment data (such as credit card numbers), which are managed and stored by the payment provider according to their security policies.

Software activation occurs by associating the license with an email address and a device Hardware ID, as described in the Privacy Policy. The number of activations and license usage are subject to the limits provided by the purchase.

5. Right of Withdrawal and Refund Policy

Purchases of the AstroOrder license made through this website are processed by FastSpring, who acts as Merchant of Record and handles payments, invoicing and applicable taxes.

As a consumer, the User may have a right to withdraw from the contract and obtain a refund in accordance with applicable consumer protection laws and with FastSpring’s Checkout Buyer Terms and Conditions.

All refund requests and withdrawals are handled exclusively by FastSpring and are subject only to FastSpring’s refund policy. The Controller does not apply any additional restrictions, qualifiers, or exceptions beyond those set by FastSpring.

To request a cancellation or refund, the User must follow the instructions provided by FastSpring in the purchase receipt or on FastSpring's support pages (for example, through the FastSpring help center). For general questions about the Software, the User may contact the Controller at contact@fishpoints.net.

1. In the event that a refund is granted and paid by FastSpring, the User is required to stop using the Software and uninstall it from all devices on which it was installed.
2. The Controller may revoke or deactivate the license associated with the refunded purchase in order to prevent further use of the Software under that license.
3. This refund section does not limit or exclude any mandatory consumer rights that the User may have under applicable law. In case of conflict between this clause and a mandatory legal provision, the latter shall prevail.

6. Exclusion of Warranties

The Software is provided "as is" and "as available". To the maximum extent permitted by applicable law, the Controller makes no express or implied warranties, including, by way of example, any warranty of fitness for a particular purpose, continuity of operation, or absence of defects.

The Controller does not guarantee that the Software will meet all the User's specific needs, nor that its use will necessarily lead to the expected results in terms of image quality or other technical objectives. The User is responsible for backing up their data and images, as well as for operational decisions based on the results provided by the Software.

7. Limitation of Liability

Except in cases of willful misconduct or gross negligence and cases of liability that cannot be excluded by law, the total liability of the Controller towards the User, for any direct damage deriving from the use or inability to use the Software, is in any case limited to the amount effectively paid by the User for the purchase of the AstroOrder license.

In no case shall the Controller be held liable for indirect, consequential, special, punitive damages or for loss of profit, loss of data, business interruption, or other economic consequences directly or indirectly attributable to the use of the Software.

8. Technical Support

The Controller may provide, at their discretion, technical support to the User via email at contact@fishpoints.net or through any other channels indicated on the official website. Unless otherwise agreed in writing, no minimum service level or predetermined response times are guaranteed.

9. Termination of Contract

In case of serious or repeated violation of these Terms by the User, the Controller may suspend or revoke the license, disable further activations, and block access to license services.

Upon termination of the license, for any reason, the User is required to immediately cease using the Software and uninstall it from all devices on which it is installed.

10. Applicable Law and Jurisdiction

These Terms are governed by Italian law, excluding conflict of law rules. For any dispute regarding the interpretation, execution, or validity of these Terms, the Court of Rome shall have exclusive jurisdiction, without prejudice to cases where the law provides for a mandatory forum to protect the consumer.

11. Changes to Terms

The Controller reserves the right to modify these Terms at any time. The changes will be published on the official AstroOrder website or communicated through the Software. Continued use of the Software after the publication of changes constitutes acceptance of the new contractual conditions.