Last updated: 23 July 2026
Effective date: 13 July 2026 Last updated: 23 July 2026 Licensor: Nustellar Pty Ltd (ACN / ABN on file), a company incorporated in Australia ("Nustellar", "we", "us", "our", the "Licensor"). Licensed Application: the DarkSkyTools mobile application for Apple iOS and iPadOS and Google Android, together with any updates, upgrades, patches, features, and documentation made available by Licensor (the "Licensed Application" or "App"). Contact: admin@darkskytools.com
This End User License Agreement (this "EULA") is a custom end user license agreement between you and Nustellar Pty Ltd. It governs your license to use the Licensed Application distributed through the Apple App Store and Google Play. Apple Inc. and its subsidiaries ("Apple") and Google LLC ("Google") are not parties to this EULA, and are not responsible for the Licensed Application or its content, except as specifically set out below.
Please also read our Terms and Conditions and Privacy Policy. Where this EULA conflicts with the Terms and Conditions on a matter specific to your license to use the Licensed Application on Apple or Android devices, this EULA prevails; on all other matters the Terms and Conditions prevail.
You and Nustellar acknowledge that this EULA is concluded between you and Nustellar only, and not with Apple, and that Nustellar, not Apple, is solely responsible for the Licensed Application and its content, subject to the terms of this EULA.
You and Nustellar acknowledge that this EULA is concluded between you and Nustellar only, and not with Google, and that Nustellar, not Google, is solely responsible for the Licensed Application and its content.
You acknowledge that the Licensed Application is licensed, not sold, to you by Nustellar, and that your rights are limited to those expressly granted in this EULA.
Nustellar grants to you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to use the Licensed Application:
(a) on any Apple-branded device that you own or control, and as permitted by the Apple Media Services and Usage Rules set out in the Apple Media Services Terms and Conditions (the "Usage Rules"); and
(b) on any Android device that you own or control, and as permitted by the Google Play Terms of Service.
The license granted by this EULA covers any content, materials, or services accessible from or purchased within the Licensed Application, and any upgrades that replace or supplement the original Licensed Application, unless the upgrade is accompanied by a separate license.
Except as expressly permitted by the Usage Rules or the Google Play Terms of Service, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application. If you sell your device to a third party, you must remove the Licensed Application from the device before doing so.
You may not copy (except as permitted by this EULA and the applicable store rules), reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except and only to the extent that any foregoing restriction is prohibited by applicable law or as may be permitted by the licensing terms governing use of any open-source components included with the Licensed Application.
Any attempt by you to violate the restrictions of this EULA automatically terminates your license.
You agree that Nustellar may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services (if any) related to the Licensed Application.
Nustellar may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Nustellar's collection and use of personal information in connection with the Licensed Application is described in the DarkSkyTools Privacy Policy, which is incorporated into this EULA by reference. You confirm that you have read and accept the Privacy Policy.
Certain features of the Licensed Application are available only to Subscribers. Subscription pricing, billing, trial, renewal, and cancellation terms are set out in Section 3 (Subscriptions and Trials) and Section 4 (Refunds) of our Terms and Conditions.
In-app purchases and subscriptions on iOS and iPadOS are processed by Apple through your Apple ID and are subject to the Apple Media Services Terms and Conditions. Cancellation, refunds, and payment method changes for iOS subscriptions must be managed through your Apple ID account settings.
In-app purchases and subscriptions on Android are processed by Google through your Google Play account and are subject to the Google Play Terms of Service. Cancellation, refunds, and payment method changes for Android subscriptions must be managed through your Google Play account settings.
Where you purchase a Subscription through the web at darkskytools.com, billing is handled by Stripe, Inc. under Nustellar's direct billing relationship with you, and refunds are addressed under Section 4 of the Terms and Conditions.
The Licensed Application provides astronomical planning, session recording, and analysis tools. Astronomical calculations, ephemerides, weather forecasts, cloud-cover data, sky-quality data, light-pollution overlays, and other data displayed by the Licensed Application are provided for general informational and planning purposes only and are not guaranteed by Nustellar, Apple, Google, or their agents.
Do not rely on the Licensed Application for any safety-critical decision, navigation, medical timing, or scientific measurement without independently verifying the data. You are responsible for the safe operation of your equipment and for your personal safety in any location you visit.
This EULA is effective until terminated by you or by Nustellar. Your rights under this EULA will terminate automatically, without notice from Nustellar, if you fail to comply with any of its terms.
Upon termination:
You may terminate this EULA at any time by uninstalling the Licensed Application from every device on which you have installed it and by deleting your DarkSkyTools account.
The Licensed Application may enable access to Nustellar's and/or third-party services, websites, data feeds, and application programming interfaces (collectively, "External Services") — including without limitation weather services (such as OpenWeatherMap), mapping services (such as Stadia Maps), astronomical catalogues, cloud hosting (Base44), payment processors (Stripe, Apple, Google), subscription management (RevenueCat), and push-notification providers.
You agree to use External Services at your sole risk. Nustellar is not responsible for examining or evaluating the content or accuracy of any third-party External Service, and shall not be liable for any such third-party External Service.
Data displayed by the Licensed Application or any External Service — including but not limited to astronomical, meteorological, geographic, financial, or location information — is for general informational purposes only and is not guaranteed by Nustellar or its agents.
You agree not to use External Services in any manner inconsistent with the terms of this EULA or that infringes the intellectual property rights of Nustellar or any third party. You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity; Nustellar is not responsible for any such use.
External Services may not be available in all languages, in your home country, or otherwise appropriate for use in any particular location. To the extent you choose to use External Services, you are solely responsible for compliance with any applicable laws.
Nustellar reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
The Licensed Application's extended target search uses the SIMBAD astronomical database operated by the Centre de Données astronomiques de Strasbourg (CDS), France, as an External Service. SIMBAD content is scientific reference data provided "as is"; Licensor does not guarantee its availability, accuracy or completeness, and an internet connection is required to use it. Your use of SIMBAD data must comply with the CDS data usage policy. Attribution: Data: SIMBAD, CDS Strasbourg.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NUSTELLAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUSTELLAR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. Where consumer guarantees under the Australian Consumer Law or under equivalent laws in your jurisdiction apply and cannot be excluded, nothing in this Section 8 restricts or modifies those non-excludable rights.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NUSTELLAR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, MISSED IMAGING OR ASTRONOMICAL OBSERVATION OPPORTUNITIES, DAMAGE TO OR MISCONFIGURATION OF EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NUSTELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Nustellar's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty United States dollars (USD $50.00). The foregoing limitations will apply even if the stated remedy fails of its essential purpose. This Section 9 does not exclude or limit any right or remedy under the Australian Consumer Law that cannot be lawfully excluded or limited.
You and Nustellar acknowledge that Nustellar, not Apple and not Google, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:
(a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks, if applicable.
This EULA does not limit Nustellar's liability beyond what is permitted by applicable law.
You and Nustellar acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Nustellar, not Apple and not Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this EULA.
You represent and warrant that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List and the U.S. Department of Commerce Denied Persons List or Entity List.
You may not use or otherwise export or re-export the Licensed Application except as authorised by the laws of Australia and the United States and the laws of the jurisdiction in which the Licensed Application was obtained.
You agree that you will not use the Licensed Application for any purposes prohibited by applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You agree to comply with all applicable local, state, national, and international laws and regulations when using the Licensed Application.
You and Nustellar acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
Google is not a party to this EULA and is not a third-party beneficiary of it. Google's rights and obligations with respect to the Licensed Application on Android are governed exclusively by the Google Play Terms of Service and, where applicable, the Google Play Developer Distribution Agreement between Nustellar and Google.
You acknowledge that Google is not responsible for the Licensed Application or for any warranty, support, maintenance, product-liability, intellectual-property, or legal-compliance claims relating to the Licensed Application, all of which are Nustellar's sole responsibility as between you and Nustellar.
Nustellar is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services in respect of the Licensed Application.
Support is provided by email at admin@darkskytools.com. We aim to respond to genuine support requests within a reasonable period.
This EULA and any dispute or claim arising out of or in connection with it (including non-contractual disputes) are governed by the laws of South Australia, Australia, without regard to conflict-of-law principles, except as required by the mandatory laws of the jurisdiction in which you reside (for example, EU consumer-protection or Australian Consumer Law guarantees).
The parties submit to the exclusive jurisdiction of the courts of South Australia for the resolution of any dispute arising out of or in connection with this EULA, save that nothing prevents Nustellar from seeking interim, injunctive, or equivalent relief in any court of competent jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Entire agreement. This EULA, together with the Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Nustellar concerning the Licensed Application, and supersedes all prior or contemporaneous agreements on that subject.
Severability. If any provision of this EULA is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or severed, and the remaining provisions will remain in full force and effect.
No waiver. A failure to enforce a right or provision is not a waiver of that right or provision.
Assignment. You may not assign or transfer this EULA. Nustellar may assign this EULA without your consent to an affiliate or in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to be bound by this EULA.
Notices. Notices to you may be given by in-app message, push notification, or email to the address associated with your Apple ID or Google account, or your DarkSkyTools account. Notices to Nustellar must be sent to admin@darkskytools.com.
Amendment. Nustellar may amend this EULA from time to time. Material amendments will be notified in-app or by email at least 14 days before they take effect. Your continued use of the Licensed Application after the effective date constitutes acceptance of the amended EULA.
Language. This EULA is drafted in English. If Nustellar provides a translation, the English version prevails in the event of any inconsistency.
Independent contractors. Nothing in this EULA creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Nustellar.
© 2026 Nustellar Pty Ltd. All rights reserved. DarkSkyTools is a product of Nustellar Pty Ltd. Apple, App Store, iOS, and iPadOS are trademarks of Apple Inc. Google, Google Play, and Android are trademarks of Google LLC.