Terms of Service
Lunar Labs, Inc. Product and Services Agreement
Welcome to Lunar! This Product and Services Agreement (“Terms of Service” or “TOS”) is a legal contract between Lunar Labs, Inc. (“Lunar,” “us”, “we” or “our”) and you, as the user of Lunar’s software (the “App”) and website (the “Site”).
You must be at least eighteen (18) years of age to enter into a contract with Lunar.
“Signing” of Agreement.You “sign” and accept this Agreement by (a) clicking “Agree” at the bottom of this Agreement, or (b) using the method expressly provided by Lunar’s App.
You will pay a service activation fee, and/or purchase a mobile phone from us, which phone may be offered at a conditional discounted price at time of purchase as provided in this Agreement, including all chargers, batteries and other accessories provided with the mobile phone (the “Phone”) with the App installed.
The App will enable you to place telephone calls, text message using SMS, connect to the internet, use applications loaded on the Phone, and contact Lunar’s customer services team (the “Services”), all as further described in the Services description made available to you by Lunar (the “Services Description”). Your use of the Services will be on a “pay as you go” basis, meaning that you will prepay for a defined amount of mobile usage using the App at the rates determined by Lunar. Once your purchased amount of usage has been consumed, you will need to purchase additional usage in order to continue to use the Services. Lunar does not utilize ongoing contracts.
You will be able to access the internet via a mobile broadband data network but without a traditional cellular carrier contract.
Phones may be offered at a conditional discounted purchase price at the time of purchase (the “Discount”); provided, however, to retain the Discount you must purchase at least one mobile application on the Phone in each of the first two months after activation (for a total of two applications). If you fail to purchase at least one application in each of the first two months, then you may be charged the full amount of the Discount. Lunar may charge your credit card, debit card, or pre-paid card that is on file with your account in this event. In lieu of charging you for the Discount, Lunar may offer you the option of returning the phone for either a full or partial refund based on the condition of the phone (the amount of the refund is in Lunar’s sole discretion).
To activate the Services you will create an account.You are responsible for all usage of the Service and for keeping your password secure.You agree to notify Lunar of any suspected breach of security or unauthorized use of your account.If you wish to deactivate or suspend your account, please contact Lunar at Houston@joinlunar.com.
Your account is not transferable or sublicensable to third parties.You obtain no ownership rights in the Phone or App by creating an account.Instead, you are given a license to use our Services and the App in accordance with this Agreement.
If Lunar suspects unauthorized or improper use of the Services it may suspend or deactivate your account or may limit or access to Services to the extent deemed reasonably necessary in light of the unauthorized or improper use.
Content & Your Use. You are solely responsible for your use of the Phone, the Services and the App, which are provided solely for use only within the United States.Your telecommunications services may be affected by actions of the carrier based upon a customer’s usage threshold (sometimes called “congestion management” or “speed throttling”) and by Lunar in terms of thethe size of the messages or data you can send or receive, and the space your account is allotted.
Lunar Intellectual Property. Lunar and/or its licensors retain ownership of all intellectual property rights relating to Lunar, including trademarks, copyrights, software, text, images, graphics, logos, user interface, videos, and other information displayed through the App other than through your transmission or receipt of personal data using the Phone.
Integrity of Lunar Products; App Upgrades. You agree not to circumvent, disable or otherwise interfere with security-related features or functions of the Phone or the App, or to hack, reverse engineer, or disable any software or firmware embedded in or downloaded to the Phone.Lunar will upgrade the App from time to time to fix bugs, add features, and otherwise improve performance.You agree to download/install the most current version of the App provided to you by Lunar.
Third Parties. The App and the Site contain links to third party websites that are not owned or controlled by Lunar.Lunar does not control the content, privacy policies, or practices of any third party websites or applications so please review the terms of service, including privacy policies, of such third-parties.Lunar is not responsible for your use of third party applications or websites.
Your Limited Warranty and Sole and Exclusive Remedy.
The Phone is new and has been adapted by Lunar to include the Lunar App.Regardless of whether it contains a logo or other trademark of a third party, the Phone has been altered by Lunar through the removal of certain original technology and the installation of the App.Lunar, and not any other party, is responsible for the performance of the Phone, the App, and the Services.
Lunar’s App is still under development.Lunar does not represent or warrant that all features and functions will fully perform as described.In addition, the telecommunication services provided through Lunar are provided by third parties to Lunar for use by its customers.
Lunar warrants for a period of thirty (30) days from your date of purchase that the Services will perform in substantial conformity with the Services Description.Lunar’s sole and exclusive liability, and your sole and exclusive remedy, for breach of this warranty will be for Lunar, at its expense and at is discretion, to (1) replace the defective Services; (2) use commercially reasonable efforts to correct such nonconformity; or (3) terminate this Agreement and provide you a full refund for the Services, less the charges for calls, text messages and other features of the App used by you.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT THE SERVICES ARE NOT PROVIDED IN ACCORDANCE WITH THE SERVICES DESCRIPTION.
LUNAR IS NOT RESPONSIBLE FOR DAMAGE TO THE PHONE CAUSED BY ACCIDENT, MISUSE, YOUR CONDUCT OR CONDUCT BY THIRD PARTIES.
TO THE EXTENT PERMITTED BY LAW, LUNAR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability for Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUNAR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, USE OF THE PHONE, ACTIVITY AT THE SITE, THE APP, THE SITE OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT LUNAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As used in this section, “Lunar” includes Lunar, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF LUNAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND CLIENTS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Termination or Suspension of Services; Termination of Agreement.
In the event of nonpayment of account fees, an investigation, or in the exercise of its discretion, Lunar may suspend or terminate an account, remove or limit access to your information or the App, or limit Services to which an account holder would otherwise have access.Lunar may also suspend access to the Services in the event an account is inactive for a period of thirty (30) days or greater.
You may also terminate your account, cease using the App or Services, or delete account information.You may take such actions with or without prior notice to Lunar and without any liability for such cancellation to Lunar.
The Site and Services are Located in and Delivered from Michigan. You may also terminate your account, cease using the App or Services, or delete account information.You may take such actions with or without prior notice to Lunar and without any liability for such cancellation to Lunar.
Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Detroit, Michigan.All disputes or claims arising out of or relating to this Policy shall be settled by arbitration, to be conducted by a single arbitrator in Detroit, Michigan, by and in accordance with the then effective commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions.The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator.The proceedings shall be conducted only in the English language.Judgment upon the award may be entered in any court having jurisdiction thereof.Other legal proceedings, if any, shall be initiated and maintained in Wayne County, Michigan, or in the U.S. District Court of the Eastern District of Michigan, Southern Division.The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.
General Terms. The terms of Sections 6-11, 13-17, 20 and 21 shall survive termination of this Agreement or any Service.No waiver by Lunar shall be implied.Any waiver of any term of this Agreement must be in writing and signed by an officer of Lunar.If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable.The remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim.Otherwise, such causes of actions are permanently barred.
International Considerations. Lunar makes no representations that the Site or Service is appropriate or available for use in locations other than the United States.Those who access or use the Site or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Assignment. Lunar may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.You may not assign or transfer your account.
Notices. The Services are offered by Lunar Labs, Inc., located at 1938 Franklin St., Suite 206, Detroit, MI 48207 and email: email@example.com.Lunar may provide you with notices, including those regarding changes to Lunar’s TOS, by email, first class mail, via the App, via text message, or via the Site.Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) five (5) days after a notice is posted to the Site.You consent to receiving notices and communications from Lunar electronically.
Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.This Agreement does not create any right that may be enforced by a third party.
California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of Lunar, 1938 Franklin St., Suite 206, Detroit, MI 48207.California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.