Terms of Service

These Terms govern

the use of this Application and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided to you by: Luna Launches, Inc. (“Luna”).

Information about this Application

Luna offers a variety of team productivity, collaboration, and organizational tool available online through the website www.withluna.ai‍

"This Application" refers to

this website, including its subdomains and any other website through which the Owner makes its Service available
the Service

Luna has 2 types of users: Makers, Members and Guests.

Makers are users who need full access to edit, update, manage and create launches. They are charged a monthly fee for their access to Luna. They include the Admin role.
Members are users who need read-only access to the tool, and their usage of Luna is free.
Guests are external users (e.g., external consultant) with read access and limited collaboration features on launches they are invited to.

By using Luna, both Makers and Members acknowledge and agree to the respective payment terms associated with their use of the service.

Terms of Use

Welcome to Luna! These Terms are a contract between Users and the Owner and governs the Users access to this Application. Unless otherwise specified, Users agree to be bound by and subscribe to these Terms when accessing and/or using this Application. Please read these Terms carefully before accessing and/or using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users warrant that they are 18 years of age or older and have the legal authority to enter into these Terms.

Account registration

To use and/or access the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Subscription and payment terms

Luna offers a subscription-based service with a free trial period of two (2) weeks. Upon the expiration of the trial period, Users will be charged based on their selected plan (monthly or annual) through our payment processor, Stripe. Luna's pricing is determined by the number of Makers (paid users) in a subscription. Members, who have limited access, are free and do not incur any charges.

By providing payment information, Users agree to pay the applicable subscription fees for the selected plan. Subscriptions will automatically renew at the end of each billing cycle unless canceled by the User before the renewal date.

Users may cancel their subscriptions at any time; however, their account will remain active, and they will retain access to the service until the end of the corresponding billing cycle. No refunds will be issued for partial months or years of service.

Users may reduce or increase the number of Makers in their subscription from the Users management section in the settings of their account. Such changes will result in prorated charges or credits:

Monthly Subscriptions: The pro-rata amount will be applied in the next billing cycle.
Annual Subscriptions: The pro-rata amount will be applied on the 1st of the next month.

Users may downgrade the Monthly subscription plan from the Billing section in the settings of their account. This downgrade will take effect in the next billing cycle. For annual subscriptions, downgrades are not possible. Users must contact us to discuss options for changing their plan.

Users may upgrade the subscription plan from the Customer Portal. Upgrades take effect immediately, and Users will be charged the difference between the new plan and the previous plan.

Cancellation of subscription by User

Users may cancel their subscription at any time by contacting Luna directly or through the Customer Portal. Upon cancellation, the account will remain active until the end of the current billing cycle. No refunds will be issued for partial months or years of service. Users who wish to export their data must request this by contacting Luna. Users may reactivate their subscription at any time through the Customer Portal or by contacting Luna directly.

Account deletion by User

Users may choose to delete their account at any time. Upon deletion, all data associated with the account will be permanently and automatically deleted.

Account suspension and deletion by Luna

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - all rights reserved

The Owner holds and reserves all intellectual property rights for any such content. The content, Service, software, visual interfaces, and all other material or elements available provided by the Owner through this Application are protected by the copyright, trade dress, patent, trade secret and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The Owner holds all right and title in this Application underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor reverse engineer or decompile any portion of this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.‍

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:

if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Owner does not endorse any such external resources, or the information, material, products, or services contained on other linked sites or accessible through other external resources provided by third parties.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. The Privacy Policy applicable to the use of this Application will no longer be in effect if User accesses external resources provided by third parties.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

Liability and indemnification

Disclaimer of warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
The above exclusions may not apply to certain Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.

The above does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User.. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Miscellaneous

No waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application, which is incorporated into these Terms by reference.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Modification of Services and Pricing

Luna reserves the right to modify the features, services, and pricing at any time. Users will be notified of any significant changes to the service or pricing at least 30 days in advance. Continued use of the service after such modifications will constitute acceptance of the changes.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such invalid or unenforceable provision will be, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of the parties under these Terms and, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of these Terms.

Entire agreement

These terms set out the entire agreement between the Owner and Users relating to the subject matters thereof and supersede and extinguish any prior agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing, relating thereto.

The rights, powers, privileges and remedies provided in these Terms are cumulative and not exclusive of any rights, powers, privileges or remedies provided by applicable law.

Governing law

These Terms, including any non-contractual obligations or liabilities arising out of them or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of England and Wales.

Contact us and Terms questions

Luna Launches Inc. is located at 171 Sussex Gardens, W2 2RH, London, UK. If you wish to contact us or if you have any questions about these Terms, please contact us at [email protected].

Definitions and legal references

This Application (or this Application)
The property that enables the provision of the Service.

Agreement

‍Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

European (or Europe)

‍Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Maker

A User with editing privileges in the tool, who can create and manage launches, assign and review milestones, add and share updates, risks and decisions, and generate reports automatically.

Member

A User with read-only access in the tool, who can view launch information, and access various reports.

Owner (or We or Luna)

‍Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Service

‍The service provided by this Application as described in these Terms and on this Application.

Terms

‍All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

‍Indicates any natural person or legal entity using this Application.