Please read these Terms of Use (the "Terms") carefully as they govern your use (including access) of Luna's personalized service for streaming audiobooks and other content, including all our websites and software applications, in conjunction with these Terms (collectively referred to as the "Luna Service") and any audiobooks or other materials provided through the Luna Service ("Content").
Your use of the Luna Service may be subject to additional terms and conditions provided by Luna. These terms and conditions are incorporated herein into these Terms.
By registering or using the Luna Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Luna Service or access any Content.
To use the Luna Service and access any Content, you must (1) be 13 years old or older (or the equivalent minimum age in your country), (2) have parental or guardian consent if you are a minor in your country; (3) have the legal capacity to enter into a binding contract with us and not be prohibited from doing so under any applicable laws; and (4) reside in a country where the Service is available. You also agree that all registration information you submit to Luna is true, accurate, and complete, and you agree to keep it that way. If you are a minor in your country, your parent or guardian will need to participate in these Terms on your behalf. You can find more information about the minimum age requirements in the registration process. If you do not meet the minimum age requirement, Luna will not be able to register you as a user.
We offer various options for Luna services. Some Luna Service options are available for free, while others require payment before access ("Paid Subscription"). We may also offer special promotional packages, memberships, or services, including third-party product and service packages. We are not responsible for products and services provided by those third parties.
Unlimited services may not be available to all users. We will explain which services are available to you when you register for the service. If you cancel your Unlimited Service subscription or if your subscription to Unlimited Service is interrupted (for example, if you change payment details), you may not be able to re-register for Unlimited Service. Please note that Unlimited Services may be discontinued in the future, in which case you will no longer be charged for the Service.
From time to time, we or others on our behalf may offer a free trial of a Paid Subscription for a specific period without payment or at a discounted price ("Trial"). When using Luna services through a trial, you agree to the Luna promotional offer terms.
Luna Services may be integrated with, or may interact with, third-party applications, websites, and services ("Third-Party Applications") and personal computers, mobile phones, tablets, wearables, and other third-party devices ("Devices"). Your use of such third-party applications and devices may be subject to additional terms, conditions, and policies that the third party applies to you. Luna does not guarantee that third-party applications and devices will be compatible with Luna Services.
We use reasonable skill and care to maintain the operation of Luna Services and provide you with a personalized, immersive audio experience. However, services and the availability of the services may change over time and comply with applicable laws, without liability to you; for example:
If you pay Luna directly for a Paid Subscription that Luna no longer continues before the end of the prepaid term (that term is defined in the Payment and Cancellation section below), Luna will refund you the prepaid fees for any unused portion of that Paid Subscription after such discontinuation. Your account and billing information must be up to date for us to refund you.
Luna is not responsible to you and has no obligation to refund you related to loss of internet or other services or incidents occurring due to the actions of government authorities, third parties, or events beyond our control.
You may need to create a Luna account to use all or part of the Luna Services. Your username and password are for personal use only and should be kept confidential. You understand that you are responsible for all activities (including any unauthorized use) that occur under your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe your account has been accessed without authorization.
Luna may revoke or request you to change your username for any reason.
Subject to your compliance with these Terms (including any applicable terms and conditions), we grant you a limited, non-exclusive, revocable license to use Luna Services and Content (collectively referred to as "Access"). This Access will remain in effect unless you or Luna terminate it and until you terminate your Access. You agree not to redistribute or transfer Luna Services or Content.
Luna software applications and Content are licensed, not sold or transferred to you, and Luna and its licensors retain ownership of all copies of Luna software applications and Content even after installation on your device.
Luna Services and Content are the property of Luna or Luna's licensors. All trademarks, service marks, trade names, logos, domain names, and any other branding characteristics of Luna (the "Luna Branding Characteristics") are the exclusive property of Luna or its licensors. These Terms do not grant you any rights to use any Luna Branding Characteristics for any commercial or non-commercial purposes.
You agree to comply with Luna's Usage Guidelines and not to use Luna Services, Content, or any part of these terms in any way that is not explicitly permitted.
You may purchase a paid Subscription directly from Luna or through a third party by:
The tax rate is based on the information you provide and the applicable rate at the time of your monthly billing. If you purchase access to a paid Subscription through a third party, separate terms and conditions with that third party may apply to your use of Luna Services in addition to these Terms. If you purchase a paid Subscription using a code, gift card, prepaid offer, or other offers provided or sold by or on behalf of Luna to access the paid Subscription ("Code"), you agree to the Luna Card Terms.
Over time, Luna may change the price for paid Subscriptions, including recurring subscription fees, Prepaid Period (for unpaid periods), or Codes (as defined above), and will notify you of any price changes with reasonable notice. Price changes will take effect at the beginning of the next subscription service period following the date of the price change. In accordance with applicable law, your continued use of Luna Services after the price change becomes effective means you accept the new price. If you do not agree to the price change, you can decline the change by canceling the applicable paid Subscription before the price change takes effect.
The tax rate is based on the applicable price at the time of your monthly billing. These amounts may change over time based on local tax requirements in your country, state, territory, or even city. Any changes in tax rates will be automatically applied based on the account information you provide.
Except for paid Subscriptions for a Prepaid Period, your payment to Luna or the third party through which you purchased the paid Subscription will automatically renew at the end of the current subscription term, unless you cancel the paid Subscription before the end of the current subscription term. Please contact our Customer Service team for instructions on how to cancel. The cancellation will take effect on the day after the last day of the current subscription term, and you will be downgraded to the free version of Luna Services. We do not provide refunds or credits for any partial subscription terms, unless stated otherwise in these Terms.
If you purchased a paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there are insufficient prepaid funds to pay for Luna Services.
If you subscribe to a Trial, you agree that the right to withdraw from
the paid Subscription through which you received the Trial will end fourteen (14) days after
you begin the Trial. If you do not cancel the paid Subscription before the Trial ends, you
will lose your right to withdraw and authorize Luna to automatically charge you monthly
until you cancel the paid Subscription. For trials shorter than fourteen (14) days, you
explicitly agree to allow us to provide you with paid services immediately after your Trial
ends, and from that moment, you lose your right to withdraw.
If you purchase a paid Subscription without a Trial, you agree that you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided until you notify us that you have changed your mind. You explicitly agree to allow us to provide services to you immediately after purchase, that you lose your right to withdraw, and authorize Luna to automatically charge you monthly until you cancel.
These Terms will continue to apply to you until you or Luna terminates usage. Luna may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to Luna Services at any time if we believe that you have violated any of these Terms, if we cease to provide Luna Services or any significant component of the service upon reasonable notice to you, or because we believe it is necessary to comply with applicable law. If you or Luna terminate these Terms or if Luna suspends your access to Luna Services, you agree that Luna will, to the extent permitted by applicable law, have no legal liability or responsibility to you, and (unless expressly stated otherwise in these Terms) Luna will not refund any amounts you have paid. You may terminate these Terms at any time, in which case you cannot continue to access or use Luna Services. To find out how to terminate your Luna account, please use the Customer Support resources.
Luna will provide Luna Services using
reasonable care and skill and in accordance with any specifications for Luna Services
provided by Luna; however, accordingly, Luna Services are provided "as is" and "as
available" without any form of warranty, whether express, implied, or statutory. In
addition, Luna and all content owners disclaim all express, implied, and statutory
warranties regarding the content, including warranties of merchantability, fitness for a
particular purpose, or non-infringement. Luna and any content owners do not warrant that
Luna Services or the content are free of malware or other harmful components. Furthermore,
Luna does not represent or warrant and will not be liable for any third-party applications
(or the content of those applications), user content, devices, or any products or services
advertised, promoted, or offered by third parties on or through Luna Services or any linked
websites, and Luna is not responsible for any transactions between you and any third-party
providers thereon. No advice or information, whether oral or written, obtained by you from
Luna shall create any warranty on behalf of Luna. While using Luna Services, you may have
access to features that filter adult content; however, the use of these features may still
result in some adult content being served, and you should not rely on these features to
filter all adult content. This section applies to the fullest extent permitted by applicable
law.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on the rights of consumers under current law, so the exclusions and limitations in this section may not apply to you and do not affect your statutory rights.
You acknowledge and agree that content owners and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Except as expressly provided in this section, these Terms are not intended to confer any rights on anyone other than you and Luna, and in no event shall these Terms create any third-party beneficiary rights.
If you downloaded any of our mobile software applications (each application collectively referred to as "Application") from Apple Inc. ("Apple") App Store or if you are using the application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are solely between you and Luna, not with Apple, and Apple is not responsible for Luna Services and the content of these Terms. Apple has no obligation to provide any maintenance and support services in relation to Luna Services. In the event that Luna Services do not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the Application applicable to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Luna Services. Apple is not responsible for addressing any claims you or any third party may have relating to Luna Services or your possession or use of Luna Services, including: (1) product liability claims; (2) any claim that Luna Services fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims related to infringement of intellectual property rights. Apple shall not be responsible for the investigation, defense, settlement, and discharge of any third-party claims that Luna Services or your possession and use of the application infringes the intellectual property rights of that third party. You agree to comply with all applicable third-party terms when using Luna Services. Apple and its subsidiaries are third-party beneficiaries of these Terms and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You agree to indemnify and hold Luna harmless from any direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) incurred or suffered by Luna arising from or related to: (1) your violation of any of these Terms (including any additional terms and conditions incorporated herein); (2) user content that you post or contribute in any other way; (3) any activities you engage in through Luna Services; and (4) your violation of any laws or the rights of any third parties.
Under applicable law, you may have certain rights that cannot be limited by contract. These terms are not intended to limit those rights.
We may change these Terms (including any additional terms and conditions incorporated herein) from time to time by notifying you of such changes in any reasonable manner (prior to their taking effect), including posting the amended Agreement on the current Luna Services (provided that for significant changes, we will seek to supplement that notice via email, pop-up notifications in the service, or other means). Any such changes will not apply to any disputes between you and us arising before the date we post the amended Terms or any other terms and conditions of Luna, incorporating these changes or notifying you of such changes. Your use of Luna Services after any changes to these Terms will constitute your acceptance of those changes. If you do not wish to continue using Luna Services under the updated Terms, you may terminate your account by contacting us. The effective date specified at the beginning of this document indicates when these Terms were last changed.
Unless otherwise provided in these Terms, if any provision of these Terms is deemed invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision will be enforced to the fullest extent permitted by law. Luna or any third-party beneficiary’s failure to enforce these Terms or any provision thereof will not waive the right of Luna or that third-party beneficiary to enforce such right in the future.
Luna may assign any or all of these Terms and may delegate or subcontract, in whole or in part, any rights or obligations under these Terms. You may not assign these Terms, in whole or in part, or transfer or sublicense your rights under these Terms to any third party.