Orphia

Last Updated: April 11, 2025

Welcome to Orphia (the “App” or “Service”), owned and operated by Space Sweater, LLC (“we,” “us,” or “our”), a company based in Rochester, Monroe County, New York, USA. By downloading, installing, or using Orphia, you (“you” or “user”) agree to these Combined Terms of Service & End User License Agreement (“Terms”). If you do not agree, you may not use Orphia.

1. Introduction & Acceptance of Terms

1.1 Purpose of These Terms
These Terms govern your use of Orphia, including any updates, upgrades, or new features. They form a legally binding contract between you and Space Sweater, LLC.

1.2 Eligibility
You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to download or use Orphia. If you are under 13, or do not meet the minimum age requirement under your local laws, please do not use Orphia. If you are between 13 and the age of majority where you live, you must only use Orphia under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

1.3 Changes to These Terms
We may update these Terms from time to time. The updated Terms will become effective when posted. Your continued use of Orphia after changes are posted constitutes acceptance of the updated Terms.

1.4 Privacy Policy
Your use of Orphia is subject to our Privacy Policy, which describes how we collect, use, and protect your personal data.

2. License Grant & Restrictions

2.1 License to Use Orphia
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Orphia on your personal devices solely for your personal, non-commercial use, in compliance with these Terms.

2.2 Restrictions
You agree not to:
• Reverse engineer, decompile, or otherwise access the source code of Orphia.
• Use Orphia in violation of any applicable law or regulation.
• Rent, lease, sell, redistribute, or sublicense Orphia.
• Circumvent or interfere with security features of Orphia.

2.3 Intellectual Property Rights
All content, features, and functionality in Orphia (including text, graphics, logos, and software code) are the exclusive property of Space Sweater, LLC or its licensors, protected by intellectual property laws. You receive no ownership rights by using Orphia.

3. User Accounts & Registration

3.1 Account Creation
To access certain features of Orphia, you may need to create an account. You agree to provide accurate, current information and to keep it updated. You are responsible for all activity on your account.

3.2 Responsibility for Account Activity
You must maintain the security of your login credentials. If you suspect unauthorized use of your account, notify us immediately at hi@orphia.app. We are not liable for any losses caused by unauthorized use of your account.

4. Subscription & Payment Terms

4.1 Subscription Plans
Orphia may offer different subscription plans (e.g., monthly, yearly) for access to premium features. Plan details and pricing will be displayed within the App or on our website.

4.2 Auto-Renewal & Billing Cycles
Subscriptions renew automatically at the end of each billing cycle unless canceled. By subscribing, you authorize us or our third-party payment processors (Apple, Google, Stripe, or others) to charge your chosen payment method for the applicable subscription price and any taxes.

4.3 Payment Methods & Timing
Payment is due upfront for each billing cycle, unless otherwise specified. If your payment method is declined or fails, we may suspend or cancel your subscription.

4.4 Refund Policy
No refunds will be provided except as required by applicable law. If you are entitled to a refund under local consumer protection laws, we will comply. Otherwise, any refunds are at our sole discretion. Note that Apple and Google may process their own refunds in accordance with their respective store policies.

4.5 Cancellations
You may cancel your subscription at any time through the platform where you initiated the subscription (e.g., Apple App Store, Google Play Store) or via the link provided at the time of purchase for Stripe payments. After cancellation, your subscription will remain active until the end of the current paid billing period.

4.6 Free Trials & Promotions
We may offer free trials or promotional pricing at our discretion. A valid payment method may be required to redeem a free trial. Unless you cancel before the trial ends, the subscription will automatically renew at the standard rate.

5. Use of Third-Party Services

5.1 Apple/Google/Stripe Integration
We use third-party payment processors (e.g., Apple App Store, Google Play Store, Stripe) to handle subscription payments. Your use of these services is subject to their respective terms and conditions. We are not responsible for their actions, omissions, or fees.

5.2 Third-Party Payment Providers’ Terms
Any disputes regarding payment processing or refunds through these third-party providers should be directed to the applicable provider in accordance with their terms.

6. User Conduct & Acceptable Use

6.1 Compliance with Laws
You agree to use Orphia only in compliance with these Terms and all applicable laws and regulations (local, state, national, and international).

6.2 Prohibited Activities
You must not:
• Use Orphia for fraudulent or unlawful purposes.
• Upload or transmit any content that is offensive, defamatory, obscene, or otherwise harmful.
• Disrupt or interfere with Orphia’s normal operations or security.
• Attempt to gain unauthorized access to Orphia or other users’ accounts.
• Upload content that infringes any intellectual property or other proprietary rights of a third party.

6.3 User-Generated Content & License Grant
Some features of Orphia allow you to upload or submit content, such as photos or other data that may be used to generate AI-based illustrations. By submitting or uploading any content to Orphia, you represent and warrant that:
• You have all necessary rights and permissions to upload this content;
• The content does not violate any law or any third party’s intellectual property or other rights;
• The content is not harmful, offensive, or otherwise prohibited by these Terms.

You grant us a non-exclusive, worldwide, royalty-free license to store, use, reproduce, process, and display your uploaded content solely for the purpose of providing Orphia’s services, including AI-generated horoscopes and illustrations. We reserve the right (but are not obligated) to remove or disable any user-generated content that violates these Terms or is otherwise objectionable in our sole discretion.

7. Termination

7.1 Termination by You
You may stop using Orphia or cancel your subscription at any time. Deleting the App or canceling your subscription does not necessarily delete your data. Refer to our Privacy Policy for data deletion details.

7.2 Termination by Us
We may suspend or terminate your access to Orphia if you breach these Terms, if required by law, or for other legitimate reasons (such as security threats).

7.3 Effect of Termination
Upon termination, your license to use Orphia ends immediately, and we may delete or deactivate your account. Sections of these Terms that by their nature should survive will remain in effect (e.g., Disclaimers, Limitation of Liability).

8. Disclaimers & Limitation of Liability

8.1 “As Is” / “As Available”
Orphia is provided “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee Orphia will be error-free, uninterrupted, or that results will be accurate or reliable.

8.2 Entertainment & AI Disclaimer
All horoscopes, illustrations, and other AI-generated content are for entertainment purposes only and are not intended as professional, medical, legal, or financial advice. We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content. You acknowledge that results from AI processes may not always be accurate or error-free.

8.3 Limitation of Liability
To the maximum extent permitted by law, Space Sweater, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Orphia. Our total liability to you for any claim shall not exceed the amount you paid for Orphia in the 12 months preceding the claim.

8.4 Indemnification
You agree to defend, indemnify, and hold harmless Space Sweater, LLC from and against any claims, liabilities, damages, losses, and expenses arising from your breach of these Terms or violation of applicable law.

9. Governing Law, Dispute Resolution & Local Consumer Protections

9.1 Governing Law
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-law principles.

9.2 Dispute Resolution
Any dispute arising out of or related to these Terms shall be resolved through binding arbitration in Monroe County, Rochester, New York, unless otherwise required by applicable law. The arbitration shall be conducted in English. If arbitration is not enforceable in your jurisdiction, then the dispute shall be resolved in the state or federal courts located in Monroe County, Rochester, New York.

9.3 Local Consumer Rights
Users in certain jurisdictions (e.g., the European Union, United Kingdom, Australia, Japan) may have additional consumer protection rights and remedies that cannot be waived by contract. We respect those rights, and nothing in these Terms is intended to limit them.

10. Miscellaneous

10.1 Entire Agreement
These Terms (including any referenced policies) form the entire agreement between you and Space Sweater, LLC regarding Orphia, superseding any prior agreements or understandings.

10.2 Severability
If any provision of these Terms is deemed unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in full effect.

10.3 Waiver
No waiver by us of any breach of these Terms shall be a waiver of any subsequent breach.

10.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms as part of a merger, acquisition, or other corporate transaction.

10.5 Contact Information
For questions, support requests, or legal notices, please contact us at hi@orphia.app.

Apple Third-Party Beneficiary
If you downloaded Orphia from the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries to these Terms, and upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Consent to Share Consumption Data with Apple
By using our App and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

By downloading, installing, or using Orphia, you acknowledge that you have read, understood, and agree to these Terms in their entirety. If you do not agree, you must cease using Orphia immediately.