Terms and Conditions

TERMS OF USE

 

PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW.

1.    INTRODUCTION.

Welcome and thank you for your interest in Luna! These Terms of Use (hereinafter referred to as the “Agreement”) describe the terms and conditions applicable to your use of get.luna-ring.com (the “Website”), the smart ring, charger, and/or other electronic device(s) (the “Products”) including the Luna Ring mobile application (the “Mobile App”)(collectively, the “Services”). The Website is owned and operated by Nexxbase Marketing Pvt. Ltd., incorporated under the Companies Act, 2013 and having its registered office at T-15/6, Basement, DLF Phase-3, Gurgaon, Haryana- 122001, and its affiliates and subsidiaries, such as Luna (collectively “Luna” or “We” or “Us” or “Our”)

For the purpose of the Agreement, wherever the context so requires, "You", or “Customer” or "User" or “Your” shall mean (i) any natural or legal person who has agreed to register/sign up for Luna’s Services by providing data required to register on the Website and/or Mobile App; and/or (ii) any other person who browses, accesses, participates in and/or uses Luna’s Services in any manner.

Luna and the Customer are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

By accessing or using the Services, including access of the Website, You intend and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy. If You do not agree to these terms and conditions, You may not use the Services.

2.   REGISTRATION.

 

To access the Services offered by Luna, You will create login credentials (“Credentials”) by providing an email-address or contact number shared with Us.  We may also request You to provide certain registration information, which must be accurate and updated. By registering on Luna, You agree to the following:

 

2.1           Personal Account. Each registration is for a single user only. Your account and password are personal to You and Your registration login Credentials or OTP (as applicable) should not be shared with or used by anyone else to access Luna.

2.2          Protection from Unauthorized use. You are responsible for maintaining the confidentiality of Your password, which You will not have to reveal to any representative or agent of Luna. You will refrain from any actions that could help unauthorized individuals gain access to Luna's registration-protected areas.

 

2.3          No Misuse or Impersonation. You will not register for Luna’s Services with the intent to misuse features of Luna’s Website and/or Mobile App and/or any other Service offered by Luna. You may not: (1) select or use the login Credentials of another person with the intent to impersonate that person; (2) use login Credentials in which another person has rights without such person's authorization; or (3) use login Credentials that We, in Our sole discretion, deem offensive. 

 

2.4          Immediate Notification. If You discover any unauthorized use of Your password or account information by others and/or suspect any breach of security, including loss, theft, or unauthorized disclosure pertaining to Your Luna account, please promptly notify Us at [email protected].

You consent to receive notifications from Us electronically to the e-mail address You provide to Us. You agree that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form.

By registering on Luna, You accept these terms and conditions and commit to maintaining the security of Your account. Failure to comply with these requirements will constitute a breach of this Agreement, which may result in immediate suspense or termination of Your account.

3.   ACCEPTENCE OF TERMS.

3.1           You must be 18 years or older to use any part of the Services. If You are less than 18 years of age and would like to use, subscribe or register to any of the Services made available therein, please ask Your parent or guardian to review and agree to these Terms of Use before You use any part of the Services or ask them to complete the registration on Your behalf.

3.2          By availing Luna’s Services and accessing the Website and Mobile App made available by Luna, You agree to be bound by the terms and conditions set forth in this Agreement. If You do not agree with any part of this Agreement, please discontinue using Our Services and/or accessing Our Website and Mobile App.

3.3          This Agreement contains important information about Your legal rights, responsibilities, and obligations, so We encourage You to review it thoroughly. If You have any questions or concerns regarding this Agreement, please contact Us at [email protected].

Your use of Our Services is also governed by Our Privacy Policy. Please review Our Privacy Policy to understand how We collect, use, and protect Your personal information.

3.4          Luna reserves the right to update, modify, or change these Terms of Use at any time. Any such changes will be effective immediately upon posting. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Our web pages. When We make updates to the Terms of Use, We will update the date at the top of this page. Your continued use of the Services after the posting of changes constitutes Your acceptance of the updated Terms of Use.

4.   SERVICES.

4.1           Through its network of Services, Luna provides You access to and makes available a variety of Content, features and resources. Your access to the resources, Content, features and the Services, including any updates, enhancements, new features, and/or the addition of any new web properties offered by Luna ,are subject to this Agreement.

4.2          This Agreement governs Your use of the following Services offered by Us:

i.                Luna Ring:

The Luna ring is a health tracking device compatible with both Android and iOS phones. Crafted from hypoallergenic medical-grade titanium, it's viable for long-term wear and unlikely to cause allergic reactions or skin irritations. The Luna ring attempts to be highly accurate in tracking various metrics, owing to advanced sensors and rigorous testing, seeking to provide reliable and real-time health data analysis to its Users.

ii.              Luna Ring Mobile App:

Luna Ring Mobile App is a user-friendly health and fitness application available for both iOS and Android users. You can connect Your Luna ring via Bluetooth to sync and track various health metrics, including activity levels and sleep patterns, providing personalized insights and recommendations for informed health and fitness decisions. Charging Your Luna ring takes only 90-120 minutes for a full charge. By aligning the ring with the dock charger and downloading the Luna Ring Mobile App, You can begin Your journey to a healthier lifestyle.

iii.            Any other Services offered by Luna from time to time.

4.3          We may introduce new Products and Services under Our brand name in the future, and the same may be communicated to You through Your registered email id or via a notification to Your account on the Website or the Mobile App . The terms of this Agreement shall apply mutatis mutandis to such new Products and Services, unless provided otherwise. Additionally, We partner with third parties from time to time to offer premium fitness and wellness plans to Our Users, which may require You to pay a separate fee. Such plans may be governed by  their own terms and conditions and privacy policies, in addition to this Agreement. We urge You to read the relevant documents prior to availing the said premium fitness and wellness plans. In the event of any conflict between such documents and this Agreement, the terms of this Agreement shall prevail.

4.4          You may come across links to external websites or resources while using Our Services, however, You understand and agree that We are not responsible for the content, accuracy, availability, or privacy practices of such external websites/resources. We do not endorse or accept liability for any content or services of the said external websites.

4.5          By use of Our Services, You acknowledge that all resources as provided on Our Website are for informational and educational purposes only.

4.6          We cannot and do not guarantee that any of the Services, Products or resources will be free from viruses or other code that may have contaminating or destructive elements. It is Your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy Your particular requirements as to the safety and reliability of the Services.

5.   ACCESS AND USE.

5.1.         Luna grants You a limited license to access the Website subject to this Agreement. If You choose to subscribe to and use the Mobile App, Luna further grants You a license to access and use the Services, subject to and conditional upon Your compliance with this Agreement, the Privacy Policy, the Cookie Policy and any other rules and requirements communicated to You by Luna from time to time, including in relation to Your payment of any applicable fees/price for any of Our Service offerings. You acknowledge and agree that Luna may modify, update, and otherwise change the Services at any time and at its sole discretion.

5.2.        You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any third-party to:

(i)            copy, modify, or create derivative works of the Services, in whole or in part;

(ii)          reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Website or Mobile App component of the Services, in whole or in part; or

(iii)        use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right(s) or other right of any person (including but not limited to web scraping), or that otherwise violates any law, regulation, or other legal requirement.

5.3.         Purchase of the Services are intended for You as the end User only and You acknowledge and agree that You are not authorized to resell such Product(s) and/or any other Services, without Luna’s express authorization. We reserve the right to refuse or cancel Your order if We suspect You are purchasing Services for resale. Title for Products purchased from Luna passes to You at the time of delivery by Luna through its designated carrier.

5.4.        Except for the limited license to access the Website and Mobile App identified above, You acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any:

(i)             inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data;

(ii)          copyright protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country;

(iii)        trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country;

(iv)         trade secrets; or

(v)           any other tangible or intangible proprietary rights anywhere in the world.

5.5.         You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation:

(i)             equipment malfunctions;

(ii)          periodic maintenance procedures or repairs which Luna may undertake from time to time without notice to You; or

(iii)        causes which are beyond the control of Luna or which are not reasonably foreseeable.

5.6.        Notwithstanding anything to the contrary in this Agreement, Luna may temporarily suspend access to the Services provided to You and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if You violate the Agreement or the Privacy Policy or the Cookie Policy.

5.7.         Luna may from time to time and at its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the Services.

6.   CUSTOMER RESPONSIBILITIES.

6.1.         You acknowledge that You are solely responsible and liable for Your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to Your use of the Services. You shall further use the Services solely for lawful purposes, and shall conduct all business through the Services in accordance with all applicable laws and regulations.

6.2.        You alone are responsible for ensuring and maintaining that You are able to access and use the Services, including by securing Your own compatible hardware, internet access, backup devices or services, and any other requirements. Luna shall have no responsibility to provide any additional software or hardware. You further agree that Luna shall have no responsibility for any data loss or other damage or loss suffered in connection with Your use of the Services, including any failure to provide adequate security or backup devices or services.

6.3.        You are responsible for ensuring Luna has accurate and current information for Your Customer account, including current contact and payment information. You are further responsible for regularly reviewing the associated Customer email account for any communications from Luna.

6.4.        Luna shall make commercially reasonable efforts to provide adequate support-services for the Services. Notwithstanding the foregoing, this Agreement does not entitle You to any guaranteed level, availability, or turnaround time of support services for the Services.

7.   PAYMENT AND FEES.

7.1.         Paid services include the Services, which may be accessed/ purchased through a one-time payment made to Us (“Paid Services”), including Our Website and Mobile App (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and Luna reserves the sole discretion to determine which Services or portions thereof require payment.

7.2.         Paid Services may include pre-ordered Products that will be produced for You in the future (“Pre-Order”). You will be charged a Pre-Order fee when placing Your Pre-Order. The actual date for shipping any accepted Pre-Order will depend on a variety of factors, including but not limited to, the date of payment of Your Pre-Order fee and Luna’s manufacturing schedule. There is no shipping date guarantee for Pre-Orders.

7.3.         You agree to pay all applicable fees for Paid Services including, without exclusion, offering fees, delivery fee and any other fees, charges, or costs that You agree to bear, as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the Agreement.

7.4.         You authorize Luna to charge the Fees on Your designated payment method for Paid Services. By providing an acceptable payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us or Our third-party payment processor to charge Your payment method for the total amount of Your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, Your Paid Service may be suspended or cancelled. You must resolve any problem We encounter in relation to the payment method You provide in order to proceed with Your use of the Service. If You accept a promotional offer or make changes to Your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize Us or Our third-party payment processor to charge Your payment method for the corresponding amount. Refunds will not be issued unless required by law. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.

7.5.         If You choose to finance a purchase through Our third-party payment processor and one or more items in Your order has an extended shipping date, Your loan payment(s), including interest, may be due before We ship all of the items. Please note that You may not receive a rebate of any interest that may have already accrued on an amount that is later refunded.

7.6.         Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout.

7.7.         Luna reserves the right to adjust the Fees for Our Paid Services, or any features or parts of Our Paid Services, at any time. You acknowledge that Luna may change the Fees for Paid Services at any time. In the event of such a change, Luna will provide notice to You via the email address associated with Your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates Your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes,and will be charged for taxes when required by law.

8.   DATA AND COMMUNICATIONS.

8.1.         Luna may collect and process information regarding Your usage of the Services. You consent to Luna’s collection and use of such information, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Luna is treated in accordance with the Privacy Policy.

8.2.        By agreeing to the terms and conditions in this Agreement and providing Your contact information to Luna, You give Your express consent to allow Luna, its affiliates, and agents to contact You from time to time at any mailing address, phone number, or email address You provide to Luna. Your consent means You agree to be contacted by Luna and its service providers via phone, email, text message, or other means for any purpose, including but not limited to notifications related to the Services and Your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may include use of automated dialing technology or the use of pre-recorded messages. You are responsible for any charges that may be billed to You by Your service provider(s) when We contact You. You further acknowledge that Your consent to the foregoing is not a condition of using the Luna Services, and if You do not wish to consent, You may contact us, or you may opt out any time using the opt-out mechanism provided in any such communications.

8.3.        LUNA DISCLAIMS ALL LIABILITY UNDER THIS AGREEMENT FOR ANY INFORMATION YOU PROVIDE TO LUNA THAT MAY CONSTITUTE ELECTRONIC PATIENT HEALTH RECORDS OR SIMILAR INFORMATION SUPPLIED BY YOU OR AN END USER, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY ANY APPLICABLE FEDERAL, STATE, OR INTERNATIONAL LAWS, RULES, OR REGULATIONS.

9.   INTELLECTUAL PROPERTY RIGHTS.

9.1.         The mark “Luna” along with any visual representation, logo, etc. , is owned by Nexxbase Marketing Pvt. Ltd.. Luna Products, Luna features, software, and Services, and Our underlying technology are protected by copyright, trademark, patent, intellectual property, and other applicable laws. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on, or used or displayed in connection with, the Services (“Trademarks”). The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may You use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without Luna’s express written permission.

9.2.        All content provided in association with the Services and this Agreement, including, but not limited to, the Website, the Product, the Mobile App, all text, graphics, user interfaces, visual interfaces, photographs, images/video, electronic art, sounds/audio, data, communications programs, executable code, computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to Luna and are protected by India and international copyright laws. You agree You will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Luna.

9.3.        If You provide any communications or materials to Luna by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Luna is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Luna is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Luna is not required to use any Feedback.

9.4.        Luna respects the intellectual property rights of others and it is Our policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent at [email protected], and must contain all of the following:

(i)             a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner;

(ii)          a description of the copyrighted work that You claim has been infringed;

(iii)        a description of the material that You claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Luna’s administrators to locate the material;

(iv)         information sufficient for Us to contact You, such as address, telephone number, and email address;

(v)           a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)         a statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

10.         WARRANTY DISCLAIMER.

10.1.      THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND LUNA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. LUNA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUNA OR AN LUNA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

10.2.     NOTWITHSTANDING THE FOREGOING, LUNA WARRANTS TO YOU I.E. THE ORIGINAL END USER PURCHASER, THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. If Your local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, Luna shall repair or replace at no charge to You any components of the Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement Products may be new or refurbished at Our discretion. This limited warranty does not apply to

(i)            normal wear and tear, including scratches and dents;

(ii)          consumable parts included in the Product, such as batteries, unless Product damage has occurred due to a defect in materials or workmanship;

(iii)        damage resulting from Your failure to use the Product in accordance with the instructions accompanying the Luna Product or available at the Website;

(iv)         damage resulting from an accident, flood, fire, misuse, or abuse;

(v)           damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by Luna; or

(vi)         use of the Product with any application or software other than the Mobile App.

10.3.     Luna retains the exclusive right to repair or replace the Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original one (1) year warranty.

11. LIMITATION OF LIABILITY.

IN NO EVENT WILL LUNA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT LUNA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL LUNA BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF $250.

12. PRECAUTIONS.

12.1.      THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY LUNA. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.

12.2.     THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

12.3.     SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IN YOUR JURISDICTION IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND LUNA.

12.4.     You should always consult a physician before making any changes to Your sleep or activity based on information provided through the Services, or if You have any questions regarding a medical condition. Luna is not responsible for any health problems that may result from information You learn about through the Services. If You make any change to Your sleep schedule or activity based on the Services, You agree that You do so fully at Your own risk. It is important to be sensitive to Your body's responses. For example, if You feel unexpected, repeated, or long-term pain, or fatigue or discomfort due to having made changes to Your sleep schedule or activity, it is recommended that You consult a physician before continuing with such changes. The information in the Services may be misleading if Your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

12.5.      Please be cautious that the Product You are wearing does not get caught on fixed structures or heavy objects. If You experience redness or skin irritation on Your finger while wearing the Product, remove it immediately. If symptoms persist longer than 2-3 days of not using the Product, please contact a medical professional.

12.6.     Our Product should not be placed in the mouth at any time. Luna’s Product is not a toy nor is it intended for use by children. Children should not be left unattended with this Product, as it may pose a choking hazard.

12.7.      Our Product should be used strictly in line with the instructions for use provided in the manual (“User Manual”) which shall be provided to the user with each unit of the Product sold. We shall not be responsible or liable for any damage caused due to use of the Product in any manner whatsoever, contrary to the instructions provided in the said User Manual.

13. THIRD PARTY WEB SITES AND CONTENT.

13.1.      The Services may provide links to other Websites maintained by third parties. You acknowledge and agree that such links are provided for Your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Luna with respect to the provider of such linked Website or the quality, reliability, or any other characteristic or feature of such linked Website. You further acknowledge and agree that Luna is not responsible in any manner (including without limitation with respect to any loss or injury You may suffer) for any matter associated with the linked websites, including without limitation, the content provided on or through any such linked website or Your reliance thereon. In addition, You should be aware that Your use of any third party website is subject to the terms and conditions applicable to that website, including the privacy policies (or lack thereof) of such website. If a third party links to the Services, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Luna.

13.2.     Any other content not owned by Luna is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by Luna with respect to the provider of such content. You further acknowledge and agree that Luna is not liable or responsible in any manner (including without limitation with respect to any loss or injury You may suffer) for any content provided by third parties including, without limitation, Your reliance thereon. LUNA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT.

14. INDEMNITY.

You agree to indemnify, hold harmless, and defend Luna, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) Your use of the Services, including but not limited to anyone using Your account or Credentials; (ii) breach of this Agreement by You or anyone using Your account or Credentials; (iii) any information used, stored, or transmitted in connection with Your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by You or anyone using Your account or Credentials; or (v) violation of any law, regulation, or other legal requirement.

15. NOTICE FOR CALIFORNIA USERS.

Under California Civil Code Section 1789.3, California Users of the Services are 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 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

16. TERMINATION & CANCELLATION.

16.1.      This Agreement shall continue in full force until terminated or cancelled pursuant to this Agreement.

16.2.     Luna shall have the right to terminate this Agreement (i) for any reason whatsoever by providing thirty (30) days’ notice to You; (ii) immediately for Your material breach of this Agreement, other than non-payment of Fees; or (iii) for non-payment of Fees. Notwithstanding the foregoing, Luna reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.

16.3.     Sections titled Precautions, Intellectual Property Rights, Data and Communications, Indemnification, Warranty Disclaimer, Limitation of Liability, Jurisdiction; and payment obligations for Fees incurred prior to and during any notice period shall survive termination of this Agreement for any reason whatsoever.

17. JURISDICTION.

All disputes arising out of or relating to this Agreement or Privacy Policy or this Website shall be resolved in the Court of Gurugram, All such disputes shall be governed by the laws of India. You agree that the courts in Gurugram, Haryana shall have personal and subject matter jurisdiction over any dispute arising from Your use of the Website.

Luna controls and operates this Website/Mobile App from India and makes no representation or warranty that the Content of this Website /Mobile App is appropriate, lawful, or available for use in other geographic locations. If You use the Website/App from other locations, You are responsible for compliance with all applicable local laws.

18.EXPORT COMPLIANCE & USE RESTRICTION.

You will not directly or indirectly export or re-export the Services (including the Product), or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, all applicable export control laws and regulations.

19. MISCELLANEOUS.

19.1.      You acknowledge that Luna has the right to monitor use of the Services to ensure compliance with the Agreement.

19.2.     No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the Party making the waiver.

19.3.     You may not assign this Agreement to any other Party and any attempt to do so is void.

19.4.     If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.

19.5.      This Agreement, the Privacy Policy, the Cookie Policy and the Shipping and Refund Policy (together “Luna Policies”) constitute the complete and exclusive statement of the agreement between You and Luna regarding the Services, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the Parties.

19.6.     In case of any conflict between the terms of this Agreement and the Luna Policies, the terms of this Agreement shall prevail.

20.             MODIFICATION OF THIS AGREEMENT.

Luna reserves the right to update this Agreement and/or other Luna Documents at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by Luna, any changes will become effective on a prospective basis from the date of posting. Luna will notify You of any material changes to the Agreement or Services. By continuing to access or use the Services after We have provided You with notice of a modification, You are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Services. Luna and its third-party service providers may make improvements and/or changes in the Services, features, and prices described at any time and for any reason in its sole discretion. The Mobile App may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop the Services. Luna reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Luna shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.

21. ADDITIONAL TERMS AND NOTICES.

21.1.      Registration data and other information about You are subject to Our Privacy Policy, accessible at Privacy Policy.

21.2.     We employ cookie technology. Read Our Cookie Policy for more information on Our use of cookies.