Last Updated: June 23, 2025
This End-User License Agreement (“License Agreement”) governs your download, installation and use of the Sky Guide application software and all in-app content, data and services made available through it (collectively, the “Licensed Application”) provided by Fifth Star Labs LLC (“Fifth Star Labs,” “we,” “our,” or “us”).
This License Agreement is a legal agreement between you and Fifth Star Labs. Apple Inc. (“Apple”) is not a party to this License Agreement and Fifth Star Labs is solely responsible for the Licensed Application. Fifth Star Labs acknowledges that it has had the opportunity to review the Apple Media Services Terms and Conditions (“Usage Rules”) and confirms that this License Agreement is not conflicting with them.
By downloading, installing, or updating the Licensed Application from Apple’s software distribution platform (“App Store” or “Services”) on Apple-branded devices running iOS, iPadOS, watchOS, and visionOS (“Device” or “Devices"), you affirm that you have read, understood and agree to be bound by this License Agreement. If you do not agree with the terms and conditions of this License Agreement, you may not use the Licensed Application and you must delete it from your Device(s).
The Licensed Application is licensed to you (“End-User”), not sold, for use only under the terms of this License Agreement. Fifth Star Labs reserves all rights in and to the Licensed Application not expressly granted to you hereunder.
1. Scope of License
1.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that you (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with you (End-User) via Family Sharing or volume purchasing.
1.2 This license will also govern any updates of the Licensed Application provided by Fifth Star Labs that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
1.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Fifth Star Labs’ prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. 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.
1.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Fifth Star Labs’ prior written consent).
1.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
1.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
1.7 Fifth Star Labs may modify the terms of this License Agreement for future versions of the Licensed Application. Any such revised terms will become binding only when you download, install, or use a version of the Licensed Application released after the revision date; continued use of an older version is governed by the terms in effect at the time that version was released.
1.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.
2. Technical Requirements
2.1 Fifth Star Labs may, at its discretion, release updates or new versions of the Licensed Application. You are entitled to receive and use an update only if your Device meets the Licensed Application’s then-current technical specifications. Fifth Star Labs has no obligation to make any update available for Devices or operating-system versions that fall below those specifications.
2.2 You are responsible for keeping your Device’s operating system up to date. The App Store will deliver Licensed Application updates only to Devices that meet the Licensed Application’s then-current technical requirements; if your Device or OS falls below those requirements, you may no longer receive updates or new features.
2.3 Fifth Star Labs may modify the minimum technical specifications at any time. By downloading, installing, or using any version of the Licensed Application released after those modifications, you acknowledge and accept the revised requirements.
3. Maintenance and Support
Fifth Star Labs is solely responsible for providing any maintenance and support services for this Licensed Application, as specified in this License Agreement or as required under applicable law. For assistance, contact us at feedback@fifthstarlabs.com or see the “Contact Information” section below. Fifth Star Labs and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Consent to Use of Data
You acknowledge that Fifth Star Labs may periodically collect anonymous diagnostic logs, coarse location data, and device/OS information for the purposes of troubleshooting, improving accuracy of astronomical calculations, delivering content updates, and enhancing the Application. These data are processed solely in a form that does not personally identify you. For details, see the Fifth Star Labs Privacy Policy at https://www.fifthstarlabs.com/privacy.
5. User Feedback
You may choose to send comments, bug reports, feature ideas, or other feedback about the Application to Fifth Star Labs by e-mail or through our website (collectively, “Feedback”). By submitting Feedback you agree that:
Your Feedback is provided voluntarily and is not confidential or proprietary to you;
You grant Fifth Star Labs a perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, modify, and incorporate the Feedback into any products or services, without any obligation to you;
Fifth Star Labs has no duty to review, implement, return, or compensate you for any Feedback; and
You will not submit Feedback that is unlawful, infringing, or violates the rights of any third party.
Any Feedback you provide is subject to this License Agreement and our Privacy Policy.
6. Limitation of Liability
To the fullest extent permitted by law, Fifth Star Labs and its officers, directors, employees, and agents will not be liable for personal injury or any incidental, special, indirect, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, whether incurred directly or indirectly, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Fifth Star Labs has been advised of the possibility of such damages. Except where liability cannot lawfully be excluded or limited under applicable law, Fifth Star Labs’ total aggregate liability arising out of or relating to the Licensed Application will not exceed the greater of (a) the amount you paid for the Licensed Application and in-app purchases during the twelve (12) months preceding the event giving rise to the claim, or (b) US $50; nothing in this Section affects the remedy set out in Section 7.2 (Warranty / Refunds).
7. No Warranty
7.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. The Licensed Application is provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. To the fullest extent permitted by law, Fifth Star Labs disclaims all warranties, whether statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. Fifth Star Labs does not warrant that the Licensed Application will meet your requirements, be compatible with every device, or be uninterrupted, error-free or fails due to causes outside Fifth Star Labs’ reasonable control. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, this disclaimer applies only to the extent permitted by law. Fifth Star Labs is solely responsible for any warranties that cannot be effectively disclaimed under applicable law.
7.2 Refunds. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Fifth Star Labs’ sole responsibility.
8. Product Claims
End-User and Fifth Star Labs acknowledge that Fifth Star Labs–not Apple–is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.
Nothing in this License Agreement limits Fifth Star Labs’ liability to the End-User beyond what is permitted by applicable law.
9. Intellectual Property Rights
End-User and Fifth Star Labs acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Fifth Star Labs, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claim.
10. Legal Compliance
You will comply with all applicable laws in connection with your use of the Licensed Application. You acknowledge that the Licensed Application may be subject to U.S. or foreign export and import laws or regulations. You will comply with all applicable import, export and re-export laws and regulations of the United States or foreign agencies or authorities. You represent and warrant that:
you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
you are not listed on any US Government list of prohibited or restricted parties.
11. Contact Information
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact us online or:
Fifth Star Labs
425 15th Ave E
Ste 467
Seattle, WA 98112
United States
(206) 569-8073
12. Termination
This License Agreement remains in effect until terminated by you or Fifth Star Labs. Your rights under this License Agreement will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination you must cease all use of the Licensed Application and delete or destroy all copies in your possession or control.
13. Third Party Terms of Agreement
When using Licensed Application you must comply with all applicable third-party terms, policies, and service agreements that govern your device, data connection, operating-system features, or the content and services you access through the Application. Examples include—without limitation—your wireless-data plan, cloud-storage terms, and the terms of any external websites or astronomy data feeds you choose to visit through the Application. Any fees, usage limits, or violations arising under those third-party agreements are your sole responsibility.
14. Third Party Beneficiary
You and Fifth Star Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this License Agreement. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third-party beneficiary hereof.
15. Export Compliance
You may not use, export, or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which you obtained it. In particular, but without limitation, you represent that you are not (a) located in a U.S.-embargoed country or (b) listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons or Entity Lists. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
16. U.S. Government End Users
The Licensed Application and documentation are “Commercial Computer Software” and “Commercial Computer Software Documentation” within the meaning of 48 C.F.R. §§ 12.212 and 227.7202. Consistent with those sections, they are licensed to U.S. Government end users only as Commercial Items and only with those rights granted to all other end users under this License Agreement. Unpublished-rights reserved under the copyright laws of the United States.
17. Governing Law and Venue
Except to the extent that applicable law provides otherwise, this License Agreement and any dispute arising from it will be governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws principles. You and Fifth Star Labs agree to submit to the exclusive jurisdiction of the state or federal courts located in King County, Washington.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
18. Severability
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.