TERMS & CONDITIONS

LUNA LIFE – APP TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

BY USING OUR APP, YOU CONFIRM THAT:

  1. YOU ARE OVER THE AGE OF 18, ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM; OR

  2. IF YOU ARE UNDER THE AGE OF 18, YOU CONFIRM THAT YOU HAVE A PARENT/GUARDIAN’S PERMISSION TO USE THE APP AND YOUR PARENT/GUARDIAN ACCEPTS THESE TERMS AND AGREES TO COMPLY WITH THEM.​

IF YOU/YOUR PARENT/GUARDIAN DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR APP.

PLEASE NOTE THAT LUNA LIFE IS NOT A CRISIS OR DIAGNOSTIC SERVICE AND CANNOT HELP IF YOU ARE IN DANGER OR NEED MEDICAL ATTENTION.

  1. WHO WE ARE AND HOW TO CONTACT US: The Luna Life app (our “App”) is brought to you by Luna Life Limited (“we”, “us”, “our”). We are registered in England and Wales under company number 13597961 and have our registered office at 21 Greenhayes Avenue, Banstead, England, SM7 2JF. We are a limited company. To contact us, please email hello@weareluna.app.​​

  2. CHANGES TO THESE TERMS OR THE APP:

    1. We may need to change these terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any changes. If you do not accept the notified changes you may not be permitted to continue to use the App and the Service (as defined below).

    2. From time to time we may also automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.  Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

  3. USE OF THE APP

    1. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so.  You will be responsible for complying with these terms, whether or not you own the phone or other device.

    2. We grant you a right to use our App including any updates or supplements to it and the services you connect to via the App (including the content we provide to you through it) (the “Service”).

    3. Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded this app from the Apple AppStore, Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.

    4. We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.

    5. In consideration of you agreeing to abide by these Terms, we grant you permission to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorised App Store Providers only, and you may view, use and display the App for your personal purposes only.

    6. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store Provider, and the App Store Provider will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

    7. You acknowledge that we are responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

    8. You promise to us that (a) you are authorised to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) any information submitted by you shall be at your own risk, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.

  4. YOUR PRIVACY

    1. We may collect your personal information as part of your use of the App. To find out how we process your personal information, please see our privacy policy.

  5. HOW WE PROVIDE SERVICES TO YOU AND USE OF THE APP

    1. Our App is provided on an “as is” basis. We do not warrant or represent that: (i) your use of the App will be uninterrupted or error-free; (ii) that the App, Services and/or the information obtained by you through the same will meet your requirements or that any of the content of the App will be accurate and/or complete; or (iii) that the App and Services will be free from viruses.

  6. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

    1. The App and/or Service may contain links to other independent  websites which are not provided by us.  Such independent sites are not under our control, and we are not responsible for their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them or whether to rely on their content.

  7. UPLOADING CONTENT ONTO OUR APP

    1. You warrant that content you upload onto the App is complete and accurate. When you upload content to our app, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and prepare derivative works of that content for the purpose of providing you the App and Services. We have the right to remove any of your content on our App. You are solely responsible for securing and backing up your content.

  8. ACCEPTABLE USE

    1. You must not:

      1. use the App or the Service in an unlawful way, or for any unlawful purpose, or in a way that breaches these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

      2. infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;

      3. use the App to communicate any material that is defamatory or otherwise offensive;

      4. use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

      5. collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you.  You have no intellectual property rights in, or to, the App  or the Services other than the right to use them in accordance with these Terms.

    2. In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any third party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.

  10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    1. We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:

      1. use of, or inability to use, our App; or

      2. use of or reliance on any content displayed on our App or otherwise provided to you through your use of the App.

    4. We are not liable for business losses.  The App is for domestic and private use.  If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    5. We are not responsible for events outside our control.  If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

  11. DO NOT RELY ON INFORMATION ON THIS APP

    1. The App and the Services are provided for general information purposes only.  You assume sole responsibility for your use of the App and Services and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any of the content or any information provided to us by you in connection with the services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    2. By using our App, you acknowledge that we are not certified healthcare professionals. It is not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service.  The App and/or Service may also connect you with medical advisors and other professionals who we are not responsible for and you assume sole responsibility for your use of any advice or information provided by them. You will need to make your own independent judgement about whether to use any such advice or information provided by them.

  12. SUSPENSION OR WITHDRAWAL OF OUR APP

    1. We may suspend, withdraw or restrict your availability of all or any part of our App for business and operational reasons or where you have breached these Terms.​

13. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

  1. If you choose, or you are provided with a username or password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hello@weareluna.app.

14. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

  1. ​We may transfer our rights and obligations under these Terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

  1. ​Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

  1. Even if we delay in enforcing this contract, we can still enforce it later.  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

  1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

  1. Support. If you want to learn more about the App or the Service or have any problems using them please contact us at hello@weareluna.app.

19. FEEDBACK AND IDEAS

  1. All ownership of feedback and ideas provided by Luna users and testers are transferred over to Luna Life Limited when shared with the company. ​​

Contacting us (including with complaints). If you think the App or the Services are not working or wrongly described or wish to contact us for any other reason please email us at hello@weareluna.app.

 

THESE TERMS WERE LAST UPDATED IN MAY 2022.​