Luna AI Terms of Service
Welcome to Luna AI! This Terms of Service agreement (“Terms”) is a contract formed between you (“You”) and Luna Technologies Inc. (“Company,”, “Smart media internet marketing Ltd.”, “Luna AI,” “we” or “us”). These Terms govern your access to and use of our mobile application (“App”) operated on behalf of Luna AI, and together with any content, tools, features, and functionality offered on or through our App (collectively, the “Services”).
By accessing and/or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please refrain from using the Services.
1. Acceptance of Terms
1.1 For the purposes of these Terms, “you” and “your” refers to you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
1.2 These Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained below.
2. Use of the Services
2.1 Your Registration Obligations: You may be required to register in order to access and use certain features of the Services. If you choose to register, you agree to provide accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, you are not authorized to register to use the Services.
2.2 Account and Security: You are responsible for maintaining the confidentiality of your password and account. You agree to notify Luna AI of any unauthorized use of your account and ensure that you exit from your account at the end of each session. Luna AI will not be liable for any loss or damage arising from your failure to comply with this paragraph.
3. Conditions Of Use
3.1 User Conduct: You agree to comply with our Acceptable Use Policy (“AUP”), incorporated herein, in using the Services. You are solely responsible for all content (“Content”) that you upload, post, publish or display or email or otherwise transmit via the Services.
3.2 Intellectual Property Rights: You represent and warrant that you own all right, title, and interest in the Content you upload to or create using the Services, including any copyrights and rights of publicity contained therein, or have the right to use them (e.g., by license, legal exception or limitation). You grant Luna AI a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content for any Luna AI-related purpose.
4. Copyright Complaints
Luna AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Luna AI of your infringement claim in accordance with the procedure set forth below.
5. Changes to Terms
Luna AI reserves the right to change these Terms at any time without notice, effective upon its posting to the Services. Your continued use of the Services will be considered your acceptance to the revised Terms. If you do not agree to the amended Terms, you are expected to stop using the Services immediately.
6. Termination
6.1 Luna AI may terminate or suspend your access to all or part of the Services, at any time, without notice, for any reason at its sole discretion. You agree that Luna AI shall not be liable to you or any third-party for any termination of your access to the Services.
6.2 You may also discontinue your use of the Services at any time. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
7. Dispute Resolution and Arbitration
7.1 Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Luna AI arising out of or relating to the Agreement (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Luna AI.
7.2 For any Disputes you have with Luna AI, you agree to first contact us and attempt to resolve the dispute informally. If Luna AI has not been able to resolve the dispute with you informally, we each agree to resolve any Disputes through final and binding arbitration.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Luna AI, its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
9. Disclaimer of Warranties
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Luna AI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10. Indemnity
You agree to defend, indemnify, and hold Luna AI, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Services.
11. Miscellaneous
11.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Luna AI and governs your use of the Services.
11.2 Waiver and Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. The failure of Luna AI to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Third-Party Services and Websites. Our services may contain links to third-party websites, resources, or applications. Luna AI doesn’t control these sites, resources, or applications and doesn’t endorse them. We’re not liable for any damage or loss caused by your use of or reliance on such third-party services. Any interactions with third parties found during your use of our services are solely between you and the third party, and Luna AI is not responsible for any claims you may have against them.
Indemnity Clause. You agree to indemnify and hold Luna AI, its affiliates, officers, directors, employees, and agents free from any losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) related to your use of our services, any User Content, or any violation of these Terms of Use.
Disclaimer of Warranty. You use our service at your own risk. Luna AI disclaims all warranties, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We don’t guarantee that our services will meet your requirements, be uninterrupted, secure, or error-free.
Limitation of Liability. Luna AI is not responsible for any indirect, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the services. The maximum liability of Luna AI to you will not exceed one hundred dollars ($100).
By using the Services, you agree to these Terms.
Last Updated: June 9, 2023.
