Terms of Service
Last updated: 05/03/2020
Welcome to Lunafi (“Lunafi”, “we”, “our”, “us”)! Lunafi is owned and operated by Maxitech (https://www.maxitech.com/). As you have just clicked on our Terms of Service, please take a pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 20 minutes.
1. General Terms
These Terms of Service (“Terms”, “Terms of Service”) govern your use of (including any access to) our web pages located at https://www.lunafi.co (the “Site”), as well as the mobile software application (the “App”, together with the “Service”), operated by Lunafi.
2. Accepting the Terms
By using the Service, installing the App, or using the Site, you affirm that you are of legal age to enter these Agreements. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. These Terms apply to all Site visitors, users, and others who wish to access or use our Service.
3. No Recommendation or Professional Advice
WE DO NOT PROVIDE TAX ADVICE OR TAX PREPARATION, LEGAL OR ACCOUNTING SERVICES OF ANY KIND TO ANY INDIVIDUAL. IF YOU NEED LEGAL ADVICE AT ANY TIME, PLEASE CONSULT YOUR LICENSED ATTORNEY. IF YOU NEED FINANCIAL ADVICE, PLEASE CONSULT A FINANCIAL ADVISOR.
Thank you for being responsible.
4. No Use by Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
5. US Residents Only
The Services are intended for US residents only.
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and any other information we may send. However, you may opt-out of receiving any, or all, of these communications from us at any time by following the unsubscribe link or by emailing us at firstname.lastname@example.org.
Additionally, Lunafi may be required by law to send you communications about the Service. You agree that Lunafi may send you these communications via email or by posting them on the Site or the App.
7. Use of Content
Any content found on or through this Service (“Content”) is the property of Lunafi or used with permission. This includes any text, graphics (images, logos, icons, photographs) editorial content, notices, software, and other material or information.
You may not distribute, modify, transmit, reuse, download, repost, copy, mirror or incorporate any portion of the Site into any product or service any portion of the Site or the App, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
8. Rules of Conduct
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use the Service:
a. In any way that violates any applicable national or international law or regulation
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
d. To harvest or collect information about users of the Service.
e. To impersonate or attempt to impersonate Lunafi, a Lunafi employee, another user, or any other person or entity.
f. To interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure, or policy of such servers or networks.
g. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
h. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Lunafi or users of the Service or expose them to liability.
Additionally, you agree not to:
a. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
b. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
c. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
d. Use any device, software, or routine that interferes with the proper working of Service.
e. Introduce any viruses, trojan horses, worms, logic bombs, or other similar material which is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
g. Attack Service via a denial-of-service attack or a distributed denial-of-service attack or any similar malicious operation.
h. Take any action that may damage or falsify Lunafi’s rating.
i. Otherwise, attempt to interfere with the proper working of Service.
You may need to register to use all or part of the Service. When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time and at our sole discretion.
10. Intellectual Property
Service and its original Content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Lunafi and its licensors. Our Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lunafi.
11. Copyright Policy
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials available on the Site or Service infringe on your copyright, you may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Lunafi a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Notice and counter-notices must be submitted in writing via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any Content or materials found on and/or through Service on your copyright.
12. Error Reporting and Feedback
You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
a. you shall not retain, acquire, or assert any intellectual property right or other right, title or interest in or to the Feedback.
b. Lunafi may have development ideas similar to the Feedback.
c. Feedback does not contain confidential information or proprietary information from you or any third party.
d. Lunafi is not under any obligation of confidentiality with respect to the Feedback.
e. Lunafi may use your feedback in any way, including to amend the Service and for marketing and promotion purposes.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Lunafi and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Lunafi (“Third Party Materials”).
Lunafi has no control over and assumes no responsibility for the content, privacy policies, or practices of Third Party Materials. We do not warrant the offerings of any of these entities/individuals or their websites, and we might block/disable access to any Third Party Materials through the Service at any time.
YOU ACKNOWLEDGE AND AGREE THAT LUNAFI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH THIRD PARTY MATERIAL.
THE USE OF THIRD-PARTY MATERIAL IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY MATERIAL THAT YOU ACCESS.
14. Disclaimer of Warranty
THE SERVICE IS PROVIDED BY LUNAFI ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUNAFI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER LUNAFI NOR ANY PERSON ASSOCIATED WITH LUNAFI MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LUNAFI NOR ANYONE ASSOCIATED WITH LUNAFI REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LUNAFI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LUNAFI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF LUNAFI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Governing Law & Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
The Services are controlled or operated (or both) from the United States and are not intended to subject Lunafi to any non-U.S. jurisdiction or law.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
19. Amendments to Terms
We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. The “Last Updated” legend above indicates when this Agreement was last changed.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.
20. Waiver and Severability
No waiver by Lunafi of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lunafi to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
22. Apple Requirements
In addition to your agreement with the terms and conditions above, the following provisions apply if you download the App from the Apple Store.
Apple is not a party to this Agreement and does not own and is not responsible for the App. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Apple Store from which you obtain the App, the more restrictive or conflicting terms will take precedence and will apply.
The license you have been granted herein is limited to a non-transferable license to use the App on your mobile device and is owned or controlled by you, or as otherwise permitted by the Apple Store’s Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs.
Lunafi is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance or other support services with respect to the App.
Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Lunafi is solely responsible for the App and the content thereof.
Apple shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Lunafi in accordance with the “Error of Feedback” section above. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.
Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
23. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that (i) 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 (ii) your are not listed on any U.S. Government list of prohibited or restricted parties.
24. Contact Us
Please send your feedback, comments, requests for technical support:
To our address: 535 Mission St 14th floor San Francisco, CA 94105
By email: email@example.com.
By visiting this page on our website: https://www.lunafi.co/contact-us.