Terms of Use

1. Acceptance of Terms

By accessing or using the NYRA Tech Corporation website (nyracorp.com), BortleBuddy mobile application, or any other NYRA Tech applications, products, or services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms apply to:

• Our website at nyracorp.com and any subdomains
• BortleBuddy mobile application (iOS and Android)
• Any future NYRA Tech Corporation applications or services
• All features, content, and functionality provided through these platforms

2. Description of Services

NYRA Tech Corporation ("NYRA Tech Corporation," "we," "us," or "our") provides astrophotography planning tools, augmented reality (AR) sky visualization, weather forecasting integration, and related educational content. Our Services are designed to assist users in planning, locating, and capturing astrophotography subjects including the Milky Way, planets, and other celestial objects.

3. Eligibility

You must be at least 13 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the Services.

4. User Accounts

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Mobile Application Terms

5.1 App Store Terms

Our mobile applications are available through the Apple App Store and Google Play Store. Your use of the app is also subject to the terms and conditions of the respective app store. In case of conflict, the app store terms take precedence for matters related to app distribution.

5.2 Device Requirements

Our mobile apps require compatible devices and operating systems. We do not guarantee functionality on all devices. You are responsible for ensuring your device meets minimum requirements and for any data charges from your mobile carrier.

5.3 App Updates

We may release updates to improve functionality, fix bugs, or address security issues. While we recommend installing updates promptly, some updates may be required to continue using the Services.

5.4 Device Permissions

Our app may request access to:

• Camera: Required for AR features to overlay celestial information on your camera view
• Location: Used to calculate accurate positions of celestial objects based on your geographic location
• Photo Library: Optional, to save captured images
• Notifications: Optional, to alert you about optimal viewing conditions

You may deny these permissions, but some features may not function without them. You can modify permissions at any time in your device settings.

6. Intellectual Property

Our Content

All content, features, and functionality of our Services—including but not limited to text, graphics, logos, icons, images, audio, video, software, algorithms, and code—are owned by NYRA Tech Corporation and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

U.S. Patent No. 19288980 and international patents (PCT/WIPO) protect certain aspects of our technology.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our website for informational purposes
• Download and use our mobile app on devices you own or control
• Use the Services for your personal, non-commercial purposes

You may NOT:

• Copy, modify, or distribute our content without written permission
• Reverse engineer, decompile, or disassemble our software
• Use our Services for any commercial purpose without authorization
• Remove any copyright, trademark, or proprietary notices
• Create derivative works based on our Services
• Scrape, crawl, or use automated means to access our Services

Your Content

By submitting content (photos, feedback, reviews) to our Services, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content in connection with our Services and marketing.

Third-Party Images

Some images on our website are sourced from third-party stock photography services under their respective licenses. For a complete list of image sources and attributions, please see our Image Credits page.

7. Subscriptions and Payments

7.1 Subscription Plans

We offer free and premium subscription tiers. Premium features require a paid subscription.

7.2 Billing

• Subscriptions are billed through Apple App Store or Google Play Store
• Prices are displayed in the app and may vary by region
• Prices may change with reasonable notice to existing subscribers

7.3 Auto-Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your device's app store settings

7.4 Refunds

Refund requests are handled by the respective app store according to their policies. We do not process refunds directly for app store purchases.

7.5 Free Trials

If offered, free trials automatically convert to paid subscriptions unless canceled before the trial ends.

8. Acceptable Use

You agree not to:

• Use our Services for any unlawful purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the integrity of our Services
• Scrape, harvest, or collect data without authorization
• Impersonate any person or entity
• Use our Services to harass, abuse, or harm others
• Use our Services while operating a vehicle or in any situation where distraction could cause harm

9. Safety Warnings

9.1 Augmented Reality Usage

9.2 Night Photography Safety

When using our Services for night photography:

• Inform someone of your location and expected return time
• Bring appropriate safety equipment (flashlight, phone, first aid)
• Be aware of wildlife and environmental hazards
• Check weather conditions before venturing outdoors
• Do not photograph from unsafe locations

9.3 Astronomical Data Accuracy

Our astronomical calculations and predictions are provided for planning purposes only. While we strive for accuracy:

• Weather conditions may affect visibility differently than predicted
• Celestial positions are calculated approximations
• Light pollution data may vary from actual conditions
• Atmospheric conditions affect viewing quality

Always verify critical information from multiple sources for professional, scientific, or safety-critical applications.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of astronomical data, weather predictions, or any other information
• Uninterrupted, timely, secure, or error-free operation
• Compatibility with your device, operating system, or other software
• Results obtained from using the Services

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NYRA TECH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Personal injury or property damage arising from your use of the Services
• Errors or omissions in content, astronomical data, or predictions
• Unauthorized access to or alteration of your data
• Any third-party conduct or content

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: the amount you paid us in the twelve (12) months preceding the claim, OR One Hundred U.S. Dollars ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless NYRA Tech Corporation, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of any third party
• Your negligence or willful misconduct
• Content you submit through the Services

13. Third-Party Services and Content

Our Services may contain links to or integrate with third-party websites, services, or content, including but not limited to weather data providers, mapping services, and astronomical databases.

We are not responsible for:

• The content, accuracy, or practices of third-party sites or services
• Any transactions you conduct with third parties
• Any damages arising from your use of third-party services
• The availability or functionality of third-party services

14. Privacy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. Our Privacy Policy is incorporated into these Terms by reference. By using our Services, you consent to the practices described in the Privacy Policy.

15. Modifications

15.1 Changes to Terms

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

• Posting the updated Terms on our website and/or in the app
• Updating the "Last Updated" date at the top of these Terms
• Sending an in-app notification or email for significant changes

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

15.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

16. Termination

16.1 Termination by You

You may stop using our Services at any time. To delete your account, contact us at contact@nyracorp.com.

16.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms.

16.3 Effect of Termination

Upon termination:

• Your license to use the Services ends immediately
• You must cease all use of the Services
• We may delete your account and associated data
• Provisions that should survive termination (including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution) will remain in effect

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

17.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at contact@nyracorp.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly and to everyone's satisfaction.

17.3 Binding Arbitration

If we cannot resolve a dispute informally, you and NYRA Tech Corporation agree to resolve any claims through final and binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Texas or another mutually agreed location, or via phone/video.

17.4 Class Action Waiver

YOU AND NYRA TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

17.5 Opt-Out

You may opt out of the arbitration and class action waiver by sending written notice to contact@nyracorp.com within 30 days of first accepting these Terms.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NYRA Tech Corporation regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely without restriction.

19. Contact Us

If you have questions, concerns, or feedback about these Terms or our Services:

NYRA Tech Corporation
Email: contact@nyracorp.com
Website: https://nyracorp.com
Phone: (850) 570-8308

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By using the NYRA Tech Corporation website, BortleBuddy app, or any NYRA Tech Corporation Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Document Version: 1.0 | Applicable Platforms: Website, iOS App, Android App