Terms of Service

This User Agreement ("Agreement") is a contract between you ("you," "your" or "user") and Luna Data, a Proprietorship ("Luna Data," "we", "us" or "our") and applies to your use of the Luna Data website and all services described herein (collectively, the "Luna Data Services").

General Use

By signing up to use the Luna Data Account through the Luna Data website located at lunadata.io, the Luna Data API, and/or any associated Luna Data-hosted websites or mobile applications (collectively the "Luna Data Site"), you agree to comply with and be legally bound by this Agreement, as revised from time to time. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the Luna Data Services and must cancel your Luna Data Account, free of charge, in the manner set forth below. You further agree that any disputes between you and Luna Data will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

We may amend or modify this Agreement by posting on the Luna Data Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. We may (a) modify or discontinue any portion of the Luna Data Services, and (b) suspend or terminate your access to the Luna Data Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Luna Data Services, or suspension or termination of your access to the Luna Data Services, except to the extent otherwise expressly set forth herein.

To be eligible to use the Luna Data Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the Luna Data Services you represent and warrant that you are 18 or older.

Basic Services

Your Luna Data account ("Luna Data Account") encompasses the following basic Luna Data Services, among others:

API access.

Creating an Account

In order to use any of the Luna Data Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. Upon successful completion of the registration process, Luna Data will establish your Luna Data Account. Luna Data may, in our sole discretion, refuse to allow you to establish a Luna Data Account, or limit the number of Luna Data Accounts that a single user may establish and maintain at any time.

Refund Policy

Upgrade fees are not refundable.

Informational Purposes Only

We make no guarantee that the data provided by these services are accurate, up-to-date, or correct, and by using these services you agree not to hold Luna Data responsible for any costs or damages incurred. We reserve the right to discontinue any or all of these services at any time, and we reserve the right to restrict access to these services for any reason.

Usage License, Prohibited Use, and Termination

We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Luna Data Site, and the content, materials, information and functionality available in connection therewith (collectively, the "Content") solely for informational, transactional, or other approved purposes as permitted by Luna Data from time to time. Any other use of the Luna Data Site or Content is expressly prohibited. All other rights in the Luna Data Site or Content are reserved by us and our licensors. We reserve all rights in the Luna Data Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the Luna Data Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Luna Data Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Luna Data Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the Luna Data Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "lunadata.io", "Luna Data", and all logos related to the Luna Data Services or displayed on the Luna Data Site are either trademarks or registered marks of Luna Data or its licensors. You may not copy, imitate or use them without Luna Data's prior written consent.

Although we intend to provide accurate and timely information on the Luna Data Site, the Luna Data Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Luna Data Site are your sole responsibility and we shall have no liability for such decisions.

From time to time, the Luna Data Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Luna Data Site, including without limitation content, property, goods or services available on the linked sites or services.

Any person or entity who uses Luna Data's Application Programming Interface ("Luna Data API") must comply with the terms of this User Agreement and/or any other conditions as Luna Data may put into place in its sole discretion from time to time. The Luna Data API is owned by Luna Data and is licensed to Luna Data API users on a non-exclusive, non-sublicensable basis. Luna Data reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the Luna Data API.

In connection with your use of the Luna Data Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your Luna Data Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use.

Luna Data may: (a) suspend, restrict, or terminate your access to any or all of the Luna Data Services, and/or (b) deactivate or cancel your Luna Data Account if:

We are so required by a facially valid subpoena, court order, or binding order of a government authority.
We reasonably suspect you of using your Luna Data Account in connection with Prohibited Use.
Use of your Luna Data Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity.
Our service partners are unable to support your use.
You take any action that Luna Data deems as circumventing Luna Data's controls, including, but not limited to, opening multiple Luna Data Accounts or abusing promotions which Luna Data may offer from time to time.

You will not be charged for canceling your Luna Data Account and will only be required to pay for those Luna Data Services used that are subject to charges. If any transaction is in a pending state at the time your Luna Data Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Luna Data Account to evade an investigation or avoid paying any amounts otherwise due to Luna Data. Upon cancellation of your Luna Data Account, you authorize Luna Data to cancel or suspend pending Data Service transactions and hold the funds associated with such transactions until Luna Data is certain that funding reversal windows are complete. In the event that you or Luna Data terminates this Agreement or your access to the Luna Data Services, or deactivates or cancels your Luna Data Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Luna Data may temporarily suspend access to your Account until the problem is resolved.

Our Relationship with You

Luna Data is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Luna Data to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Luna Data to be treated as the agent of the other.

From time to time, Luna Data may engage third parties to assist Luna Data in providing certain aspects of the Luna Data Services (each, a "Service Provider"). Service Providers may include, but are not limited to, Luna Data's technology or engineering service providers.

Protecting your privacy is very important to Luna Data. Please review our Privacy Policy.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, API keys or any other codes that you use to access the Luna Data Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Luna Data Account by third-parties and the loss or theft of information from your Luna Data account. You are responsible for keeping your email address up to date in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Luna Data Account information has been compromised, contact Luna Data Support immediately at contact@lunadata.io.

We prefer receiving notices to Luna Data electronically through our support system at contact@lunadata.io.

Customer Feedback

If you have any feedback, questions, or complaints, contact us via our email at contact@lunadata.io

If you have a dispute with Luna Data, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in arbitration, on an individual basis in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Luna Data hereby expressly waive trial by jury.

You agree that any claim you may have arising out of or related to your relationship with Luna Data must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

General Provisions

In no event shall Luna Data, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Luna Data site, the Luna Data services, or this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. The liability of Luna Data, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lower of (a) the actual amount of direct damages; or (b) fees paid to Luna Data by you in the preceding three (3) months.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Luna Data. Always log into your Luna Data Account through the Luna Data Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

If you have a dispute with one or more users of the Luna Data services, you release Luna Data, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, in entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California civil code §1542), that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

The Luna Data Services are provided "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. Luna Data specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Luna Data does not guarantee continuous, uninterrupted or secure access to any part of Luna Data services, and operation of the Luna Data site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

You agree to indemnify and hold Luna Data, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys" fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of Luna Data Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

This Agreement sets forth the entire understanding and agreement between you and Luna Data as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Luna Data.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Luna Data without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Luna Data Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

In the event that Luna Data is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Luna Data Account cancellation, debts owed to Luna Data, general use of the Luna Data Site, disputes with Luna Data, and general provisions, shall survive the termination or expiration of this Agreement.

You agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Luna Data, except to the extent governed by federal law.

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

Appendix 1: Prohibited Use

You may not use your Luna Data Account to engage in the following categories of activity ("Prohibited Use"). By opening a Luna Data Account, you confirm that you will not use your Account to do any of the following:

Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections).
Partake in a transaction which involves the proceeds of any unlawful activity.
Partake in any transaction involving online gambling except where permitted by Luna Data.
Defraud or attempt to defraud Luna Data or other Luna Data users.
Infringe upon Luna Data's or any third party's copyright, patent, trademark, or intellectual property rights.
Provide false, inaccurate or misleading information.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information.
Interfere with another individual's or entity's access to or use of any of the Luna Data Services.
Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others.
Publish, distribute or disseminate any unlawful material or information.
Transmit or upload any material to the Luna Data Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
Harvest or otherwise collect information from the Luna Data Site about others, including without limitation email addresses, without proper consent.
Act as a payment intermediary or aggregator or otherwise resell any of the Luna Data Services, unless expressly authorized by Luna Data in writing.
Transfer any rights granted to you under this Agreement.
Use the Luna Data Account information of another party to access or use the Luna Data Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Luna Data Account and information.
Otherwise attempt to gain unauthorized access to the Luna Data Site, other Luna Data Accounts, computer systems or networks connected to the Luna Data Site, through password mining or any other means.
Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.