Last updated: 17 August 2026
Effective date: 17 July 2026 Last updated: 16 August 2026 Publisher: Nustellar Pty Ltd (ACN / ABN on file), a company incorporated in Australia ("Nustellar", "we", "us", "our"). Application: DarkSkyTools mobile and web application, and any associated services, websites, APIs, and content made available at darkskytools.com (collectively, the "Service"). Contact: admin@darkskytools.com
By creating an account, downloading, installing, accessing, or subscribing to DarkSkyTools, you ("you", "your", the "User") agree to be bound by these Terms and Conditions (the "Terms") and by our Privacy Policy, which is incorporated by reference. Continued use of the Service constitutes acceptance of these Terms, including any updates published under Section 13. If you do not agree with any part of these Terms, please do not use the app.
You represent and warrant that you are at least 16 years of age, or the minimum digital age of consent in your jurisdiction, and that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
These Terms constitute a legally binding agreement between you and Nustellar Pty Ltd.
DarkSkyTools provides astrophotography planning, session recording, equipment management, and analysis tools for amateur and professional astronomers. Features may include, without limitation: astronomical event and object planning, telescope and camera exposure calculators, imaging session logs, sky quality and light pollution references, weather and cloud-cover forecasts, celestial coordinate calculations, catalog browsing, and equipment libraries.
Guidance-only nature of data. Astronomical calculations, ephemerides, weather forecasts, sky data, light pollution overlays, air quality indices, and any other data displayed within the Service are provided for guidance and planning purposes only. Accuracy, completeness, timeliness, and fitness for any particular purpose are not guaranteed. You should independently verify any information before making decisions that depend on it — including but not limited to travel decisions, equipment configuration, safety-critical activity, or scientific work.
We may add, modify, suspend, or remove features of the Service from time to time. We will use reasonable efforts to give notice of material changes, but we are not obliged to maintain any specific feature indefinitely.
Free tier. A limited free tier of the Service may be offered at our discretion.
Plans and pricing. Paid plans (each a "Subscription") give you full access to all 24 tools in the Service. Subscriptions are billed in United States Dollars (USD) through Stripe, Inc. ("Stripe"), our third-party payment processor, at the following rates:
All prices are shown and charged in USD. Your bank will convert the charge into your local currency at its prevailing exchange rate. Your bank may apply foreign-currency conversion fees or international transaction fees, which are outside our control and are not refundable by us.
7-day free trial. When you subscribe to the Monthly or Yearly plan you get full access to all 24 tools free for 7 days. Your card is saved at signup but is not charged until the trial ends. If you cancel at any time during the trial, you pay nothing.
What happens at the end of the trial. If you do not cancel before the trial ends, your Subscription starts automatically and your saved payment method is charged the Monthly or Yearly fee for the plan you selected.
Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or yearly) at the then-current price for that plan, until cancelled. By starting a Subscription, you authorise us and Stripe to charge your payment method on a recurring basis until cancelled. If your Stripe payment cannot be completed, your access to our Services will be suspended until payment is received.
Cancellation. You may cancel your Subscription at any time from Manage Subscription inside the app (which opens the Stripe billing portal) or by contacting admin@darkskytools.com. There are no cancellation fees. Cancellation of your subscription takes effect at the end of the current billing period, and you will continue to have access to the app’s paid features until the end of the current billing period.
Switching plans. You can switch between the Monthly and Yearly plans at any time from Manage Subscription inside the app, which opens the Stripe billing portal.
Receipts. Receipts for each successful charge are emailed to you automatically by Stripe to the email address on your account.
Secure payment processing. All billing is handled securely by Stripe. Card details are entered directly into Stripe's payment forms; we do not see or store your full card number, expiry, or CVV.
Price changes. We may change Subscription prices from time to time. We will give you at least 30 days' notice by in-app message or email before any price change takes effect at your next renewal. If you do not agree to the new price, you may cancel before the change takes effect.
Taxes. Prices exclude applicable taxes, including GST, VAT, or sales tax, which may be added at checkout depending on your billing address.
App store billing. If you purchase the Service through the Apple App Store or Google Play Store, additional terms of that store apply, and cancellation, refunds, and renewals are managed through the store's account settings rather than through us or Stripe.
Subscription charges are generally non-refundable once billed. This is why every recurring plan starts with a 7-day free trial — so that you can fully evaluate the Service before any payment is taken. We encourage you to use the trial to determine whether the Service is right for you.
No change-of-mind refunds. Refunds will not be issued because you changed your mind, forgot to cancel before the trial ended, stopped using the Service, or no longer want to subscribe. Cancelling after the trial ends stops future renewals; it does not entitle you to a refund of the amount already charged for the current billing period.
Billing errors. If you believe you have been charged in error — for example a duplicate charge, a charge after a confirmed cancellation, or a charge for a plan you did not authorise — please contact us at admin@darkskytools.com within 14 days of the charge appearing on your statement. We will review each case on its own facts, in line with Stripe's refund process.
How approved refunds are paid. If a refund is approved, it is issued through Stripe to the original payment method used for the charge. Refunds typically appear on your statement within 5 to 10 business days, depending on your bank; some banks may take longer.
Currency conversion and bank fees. Where a charge was converted from USD by your bank, the refund will be issued in USD and re-converted by your bank at its prevailing exchange rate, which may differ from the rate applied to the original charge. Any conversion differences, foreign-currency fees, or international transaction fees applied by your bank are not refundable by us.
Statutory rights. Nothing in this Section limits any non-excludable statutory refund or cancellation rights you may have under the Australian Consumer Law or under equivalent consumer protection laws in your jurisdiction.
App store purchases. Refund requests for Subscriptions purchased through the Apple App Store or Google Play Store must be made through the applicable store's refund process; we do not control those refunds.
Discontinuation of Services. If we decide to discontinue our services, we will notify you in advance by email of the reasons for the discontinuance and provide information about a refund for any prepaid period of unused services.
Ownership. All content you create, upload, capture, or generate through the Service — including imaging sessions, photographs, session notes, target lists, imaging plans, equipment profiles, calibration data, and personal preferences ("Your Content") — remains your property. We claim no ownership in Your Content.
Licence to us. To operate the Service, you grant Nustellar a limited, worldwide, royalty-free, non-exclusive licence to host, store, transmit, process, back up, and display Your Content solely for the purpose of providing the Service to you. This licence exists only so that we can show your content back to you across your devices, sync it between the app and cloud, and make routine backups. It does not permit us to use Your Content for marketing, model training, resale, or any other purpose without your separate express consent.
Cloud storage — Base44. Your Content and account data may be stored on our behalf by our third-party platform provider Base44 ("Base44"), which processes data on our documented instructions under a data processing arrangement. Data may be stored in Base44's data centres, which may be located outside Australia. By using the Service you acknowledge that this cross-border processing may occur and consent to it for the purpose of providing the Service to you.
No sale or sharing of personal data. We do not sell Your Content or personal data. We do not share Your Content with advertisers, data brokers, or unrelated third parties. Your Content is not used to train third-party AI models. We share Your Content only with sub-processors strictly necessary to run the Service (for example, cloud hosting, payment processing, error monitoring, and email delivery), each under confidentiality and data protection obligations. A current list of sub-processors is available in our Privacy Policy on request.
Analytics. We may collect anonymised, aggregated usage analytics (for example, feature use counts, crash reports, device model, operating system version) to improve the Service. This data does not identify you and is not linked to Your Content.
Deleting your data. You may delete individual sessions, images, plans, and equipment records at any time from within the app. You may also delete your entire account and all associated content at any time from account settings or by writing to admin@darkskytools.com. We will action account deletion requests within 30 days. After deletion, residual copies may remain in encrypted backups for up to a further 90 days before being purged in the ordinary course of backup rotation.
Retention after cancellation. If you cancel your Subscription, your account and all of Your Content — sessions, plans, projects, equipment profiles, wishlist, dark sites, and any other data you have saved — remain safely stored in the cloud after your Subscription ends. Your data is not automatically deleted, so if you later resubscribe, all of Your Content will still be accessible and everything picks up where you left off. Your data is only removed when you delete individual records, delete your account, or when we complete a deletion request under this Section.
Retention. We retain Your Content for as long as your account remains active (whether or not you currently have an active Subscription), plus a reasonable period afterwards for backup and legal compliance. Once retention ends, Your Content is permanently deleted.
Legal disclosure. We may disclose Your Content or account data if required to do so by law, court order, or lawful request from an authorised government authority, or to protect the rights, safety, or property of Nustellar, our users, or the public.
Your responsibility. You are responsible for keeping your own backups of any of Your Content that is important to you. We are not a substitute for personal backup, notwithstanding the storage we provide.
You agree to use the Service lawfully and responsibly. You must not, and must not attempt to:
We may suspend or terminate your account and access to the Service, without refund, if we reasonably determine that you have breached this Section 6.
To the maximum extent permitted by applicable law worldwide, you agree to indemnify, defend, and hold harmless Nustellar Pty Ltd and its affiliates, associates, employees, agents, directors, officers, contractors, licensors, sub-processors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, costs, expenses, debts, and liabilities of any kind — including reasonable legal fees and disbursements on a full-indemnity basis — arising out of or in connection with:
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defences. You will not settle any matter that affects the Indemnified Parties without our prior written consent.
This Section 7 survives termination of your account and of these Terms.
The Service may contain links to, or interoperate with, third-party websites, services, data feeds, APIs, and content — including but not limited to weather providers (such as OpenWeatherMap), mapping providers (such as Stadia Maps), astronomical catalogues, cloud platforms (Base44), payment processors (Stripe), and mobile platform stores (Apple, Google) (each a "Third-Party Service").
No control, no responsibility. Nustellar and its associates have no control over and assume no responsibility for the content, accuracy, availability, uptime, security, terms of use, or privacy practices of any Third-Party Service. Third-Party Services are operated by independent parties under their own terms and privacy policies. You should read and understand those terms before relying on any Third-Party Service.
Not endorsements. The presence of a link to, or integration with, a Third-Party Service does not constitute endorsement, sponsorship, or recommendation by Nustellar of that Third-Party Service or of any content, product, service, opinion, or information available through it.
No liability. You acknowledge and agree that Nustellar and its affiliates, employees, agents, directors, officers, contractors, and licensors are not liable, directly or indirectly, for any loss, damage, injury, or claim caused by or in connection with:
Your use of any Third-Party Service is entirely at your own risk and governed exclusively by the terms and privacy policies of that Third-Party Service.
The Service's extended target search feature queries the SIMBAD astronomical database, operated by the Centre de Données astronomiques de Strasbourg (CDS), Strasbourg, France. SIMBAD data is scientific reference data provided for informational and planning purposes only, with the attribution "Data: SIMBAD, CDS Strasbourg". We do not operate, control or endorse SIMBAD and are not responsible for its availability, accuracy or completeness. Extended searches require an active internet connection. Your use of SIMBAD results through the Service must comply with the CDS data usage policy.
The DarkSkyTools app and Service are provided "as is" and "as available", with all faults. Your use of the Service is at your sole risk.
To the maximum extent permitted by law, we provide access to the app and the Service without any warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy of data, uninterrupted operation, error-free operation, freedom from viruses or other harmful components, or any warranty arising from course of dealing or usage of trade.
We do not warrant that:
To the maximum extent permitted by applicable law, in no event shall Nustellar Pty Ltd or any of its affiliates, employees, agents, directors, officers, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, or for any loss of profits, revenue, data, goodwill, business opportunity, imaging opportunity, or anticipated savings, whether based in contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Without limiting the generality of the above, we are not liable for:
To the maximum extent permitted by law, our aggregate total liability to you for all claims arising out of or relating to these Terms or the Service — whether in contract, tort, statute, or otherwise — is limited to the greater of:
(a) the total amount you paid to Nustellar for the Service in the 12 months immediately before the event giving rise to the claim; and (b) AUD $100.
Certain guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) may apply to the Service and cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies any such non-excludable right or remedy.
Where the Australian Consumer Law permits us to limit our liability for breach of a non-excludable consumer guarantee, our liability is limited, at our option, to:
You acknowledge that the pricing of the Service reflects the allocation of risk set out in these Terms, and that these limitations are an essential basis on which we are willing to provide the Service.
Some parts of the Service are computationally intensive and are designed to run at the limits of modern mobile hardware. These include, without limitation, the DarkSkyLive planetarium skymap, the 3D Solar System visualisation, the AR camera / augmented-reality sky modes, the Milky Way Map, the 3D moon globe, the light-pollution and weather map layers, and any other real-time rendering, sensor-driven, or camera-driven feature. Their performance depends almost entirely on your device — its processor and GPU, available memory, thermal behaviour, battery condition, screen refresh rate, operating-system version, available storage, browser engine, sensor quality (compass, gyroscope, accelerometer, GPS), camera capability, and network speed — as well as on manufacturer and carrier software, power-saving or battery-saver modes, background apps, and OS-level browser restrictions. On older, entry-level, budget, or low-specification devices, and on devices running outdated operating systems or with reduced-performance settings enabled, these features may run slowly, stutter or drop frames, take a long time to load, display reduced detail, consume significant battery, cause the device to become warm, behave inaccurately (particularly compass, tilt and AR alignment, which rely on the quality and calibration of your device's own sensors), fail to start, or crash. This is a limitation of the hardware and software on your device, not a defect in the Service.
You acknowledge and agree that: (a) it is your responsibility to determine whether your device is capable of running these features acceptably, and to use the free trial and non-intensive parts of the Service to satisfy yourself of this before subscribing; (b) we do not represent, warrant, or guarantee that any feature will achieve any particular frame rate, loading time, accuracy, stability, battery consumption, or level of visual detail on any specific device, device model, device generation, operating-system version, or browser; (c) we do not certify, test, or support every device configuration in the market, and device manufacturers, operating-system vendors and browser vendors may change, restrict, throttle, or remove capabilities (including sensor, camera, WebGL, storage, or background-processing access) at any time, which may degrade or disable features without notice; and (d) reduced performance, degraded visual quality, sensor inaccuracy, overheating, accelerated battery drain, crashes, or an inability to use these features on a low-specification or unsupported device does not constitute a failure of the Service, a defect, or grounds for a refund outside our stated refund policy and any non-excludable statutory rights.
To the maximum extent permitted by law, and subject always to Section 9.4 (Australian Consumer Law) and any other non-excludable consumer guarantees, DarkSkyTools and Nustellar Pty Ltd accept no responsibility, give no warranty, and have no liability whatsoever for poor, degraded, inaccurate, or unavailable performance of the Service or any of its features on any mobile device, tablet, computer, or other hardware, including devices manufactured, sold, or supplied by Apple, Google, Samsung, Huawei, Xiaomi, Oppo, Motorola, or any other manufacturer, and including any loss, damage, cost, wasted expenditure, missed imaging session, missed astronomical event, data loss, device damage, overheating, battery degradation, or inconvenience arising from or connected with such performance. Any claim relating to the capability, condition, sensors, firmware, operating system, or performance of your device is a matter between you and your device manufacturer, operating-system vendor, retailer, or carrier, and not with us.
The Service is a planning and analytical aid, not a substitute for the User's own judgement or for professional advice. Astronomical predictions depend on models, ephemerides, and third-party data feeds that may contain errors, omissions, or delays. Weather forecasts, in particular, are inherently uncertain.
Do not rely on the Service for any decision where accuracy is safety-critical, including but not limited to:
You are solely responsible for verifying any data on which you rely and for the safe operation of your equipment. Astrophotography can involve valuable equipment, remote locations, night-time travel, and the use of electrical, optical, and mechanical devices — you assume all risks associated with those activities.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by and construed in accordance with the laws of South Australia, Australia, without regard to conflict-of-law principles.
You and Nustellar submit to the exclusive jurisdiction of the courts of South Australia and the courts competent to hear appeals from those courts, for the resolution of any dispute arising out of or in connection with these Terms or the Service.
Before commencing court proceedings, the parties will use reasonable endeavours to resolve any dispute in good faith through direct discussions, initiated by written notice to admin@darkskytools.com. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court.
Where you access the Service from outside Australia, you do so on your own initiative and are responsible for compliance with local laws to the extent local laws apply.
Our IP. The Service, including the DarkSkyTools name and logo, all software, source code, user interfaces, designs, graphics, illustrations, icons, text, sounds, and other content we provide (excluding Your Content and third-party content), is owned by or licensed to Nustellar Pty Ltd and is protected by Australian and international copyright, trademark, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved.
Licence to you. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service on devices you own or control, for your personal or internal business use only, for the duration of your Subscription (or, for free-tier features, for as long as we make them available).
Trademarks. "DarkSkyTools", "Nustellar", and associated logos are trademarks of Nustellar Pty Ltd. You may not use these marks without our prior written consent, except to identify the Service in accordance with fair-use principles.
Copyright complaints. If you believe that content available through the Service infringes your copyright, please send a written notice to admin@darkskytools.com containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location within the Service; (c) your contact details; (d) a statement made under penalty of perjury that the information is accurate and that you are the copyright owner or authorised to act on the owner's behalf; and (e) your electronic or physical signature.
Feedback. If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use that feedback for any purpose, without obligation to you. You will not be entitled to compensation for feedback.
We may update these Terms from time to time to reflect changes to the Service, our business, applicable law, or best practice.
Notice. For material changes — including changes to pricing, refund policy, data-handling practices, liability, or governing law — we will give you reasonable prior notice, at least 14 days before the change takes effect, by in-app message, email, or a prominent notice within the Service.
Effective date. Non-material changes take effect on the "Last updated" date shown at the top of these Terms. The current version is always available at darkskytools.com/terms and from within the app.
Your acceptance. If you continue to use the Service after the effective date of an update, you are taken to have accepted the updated Terms. If you do not agree to an update, you may cancel your Subscription and stop using the Service before the effective date, and Section 4 (Refunds) will apply.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms 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 these Terms.
Entire agreement. These Terms, together with our Privacy Policy and any additional terms we present at the point of purchase for specific features, constitute the entire agreement between you and Nustellar concerning the Service, and supersede all prior or contemporaneous agreements, representations, or understandings on that subject.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.
Force majeure. Neither party is liable for delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, government action, war, terrorism, civil unrest, epidemics, labour disputes, power failures, or failures of the internet or third-party infrastructure.
Notices. Notices to you may be given by in-app message, push notification, or email to the address associated with your account. Notices to us must be sent by email to admin@darkskytools.com, which is our nominated notice address.
Language. These Terms are drafted in English. If we provide a translation, the English version prevails in the event of any inconsistency.
Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Nustellar.
Survival. Any provision of these Terms that by its nature should survive termination — including Sections 4, 5 (retention/deletion residuals), 7, 8, 9, 10, 11, 12, and 14 — will survive termination.
Questions about these Terms, requests to exercise your rights over Your Content, refund enquiries, and other correspondence should be sent to:
We will respond to genuine enquiries within a reasonable period, and in any case within any statutory response time that applies.
© 2026 Nustellar Pty Ltd. All rights reserved. DarkSkyTools is a product of Nustellar Pty Ltd.