Terms & Conditions

TERMS OF SERVICE AGREEMENT

Effective Date: September 14, 2024

Cancellation Rights for California Residents:

California residents have the right to withdraw from their subscription without any penalties or further obligations, provided this cancellation takes place before midnight on the third business day following the subscription date. If your subscription was made through a third-party service (such as Apple ID or Google Play), any cancellation should be carried out via that platform, as detailed in Section 8a. Refunds for Apple ID subscriptions are managed by Apple, and requests can be made through your Apple account settings or by visiting Apple Support.

For those who did not subscribe via Apple ID or similar third-party services, you may seek a refund by contacting Luna Customer Service at luna@meetluna.co or by submitting a written notice indicating your decision to cancel the agreement. Be sure to include your name and the contact information (email, phone number, or any other relevant identifier) associated with your Luna account. The notice must be signed and dated.

Please address your written cancellation notices to:
Luna
Attn: Cancellations
Ground Floor, Cromwell House
15 Andover Road
Winchester, SO23 7BT, United Kingdom

Alternatively, if you wish to receive a copy of these Terms of Use via email, you can request this by sending a written letter to:
Terms Request
Ground Floor, Cromwell House
15 Andover Road
Winchester, SO23 7BT, United Kingdom

In compliance with California Civil Code §1789.3, if you have any complaints related to our services, you may report them to the California Department of Consumer Affairs, specifically the Consumer Information Division. Their office is located at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, and they can be contacted by phone at (800) 952-5210.

1. INTRODUCTION

By accessing or using Luna’s services, you agree to be bound by this Terms of Service Agreement (the “Agreement” or “Terms”), as well as our Privacy Policy, Cookie Policy, Member Principles, and Safety Guidelines. Please ensure you review this document thoroughly before registering or using the service.

IMPORTANT: Section 15 includes provisions that cover how disputes between you and Luna will be managed. It outlines a mandatory process for informal dispute resolution, arbitration procedures (except in cases of sexual assault or harassment), the option to elect for small claims court, and a waiver of class actions and jury trials. Arbitration may involve less evidence gathering and fewer opportunities for appeal than court proceedings.

We may revise these Terms periodically, so be sure to check this page regularly to stay updated. Your continued use of the services will confirm your acceptance of any changes.

Luna operates under the company MyAlchemy.AI LTD (“MyAlchemy”), and any reference to "Luna," "we," "our," or "the Company" refers to both Luna, Inc. and MyAlchemy.AI LTD as applicable. This Agreement applies to any interaction with the website at www.meetluna.co (the “Website”), the Luna mobile app (the “App”), or any other services that Luna offers (collectively, the “Services”). This Agreement binds anyone who uses our Services, regardless of registration or subscription status.

By using our Services, you acknowledge that you are also bound by the additional documents mentioned (Privacy Policy, Cookie Policy, Member Principles, Safety Guidelines) and any terms agreed to at the time of purchasing extra features or services from Luna (“Additional Terms Upon Purchase”), which are incorporated into this Agreement. If you do not agree to the Terms outlined in this document, you should not access or use our Services.

Where permitted by law, Luna reserves the right to alter these Terms at any time. Any substantial changes will be posted here with the updated effective date. In some cases, we may notify you via email or another method; however, you remain responsible for checking this page regularly for changes. Continuing to use the Services after modifications have been posted indicates your acceptance of the updated Terms. Should you not agree to any changes, you must immediately stop using the Services. However, any significant changes to liability limitations (Section 14) or the dispute resolution process (Section 15) will require your explicit consent.

We also retain the right to change the features available under our subscription plans at any time and at our discretion.

ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before creating an account with Luna, ensure you meet the eligibility criteria detailed below. This section outlines both what is required to use our Services and the commitments you make while doing so.

By using our Services, you confirm and warrant the following:

You are an individual (not a company or any other type of legal entity), and you are at least 18 years old.
You are legally able to enter into this binding contract with Luna.
You are genuinely seeking meaningful relationships.
You are not in a country that is currently under embargo by the U.S. government or designated as supporting terrorism by U.S. authorities.
You are not listed as someone prohibited from conducting business with the U.S. (e.g., individuals on the U.S. Treasury Department’s Specially Designated Nationals list or similar).
You are not breaking any laws by using our Services.
You have not committed any serious crimes, including felonies, sex offenses, or violent crimes, unless clemency has been granted for non-violent crimes and we determine you pose no threat to other users.
You are not a registered sex offender at any federal, state, or local level.
You do not have multiple accounts on Luna.
You have not previously been banned from Luna or its affiliates, unless given explicit permission from us to rejoin.

If you no longer meet these requirements, your authorization to use Luna is automatically revoked, and you must close your account immediately. Luna also retains the right to revoke your access without notice.

Your Responsibilities: By using Luna’s Services, you agree to:

Follow these Terms and review them periodically for updates.
Adhere to all applicable laws, including those concerning privacy, intellectual property, and anti-spam regulations.
Use the most recent version of our website or app.
Behave respectfully towards other users, both on and off the platform.
Communicate politely with Luna’s customer service and other team members.
Regularly review the Safety Dating Advice and comply with the Member Principles.
Secure your account with a strong password and ensure the confidentiality of your login information.
Ensure your profile includes at least one clear photo of your face and that you present yourself authentically.

You agree NOT to:

Misrepresent yourself, your age, job title, qualifications, or any affiliations.
Interfere with the functionality or availability of the Services.
Use the platform for illegal activities, including money laundering or other financial crimes.
Harass, intimidate, stalk, or otherwise mistreat anyone.
Post prohibited content, which is outlined below.
Solicit passwords or personal information for commercial or illegal purposes from other users.
Solicit money or other items of value from other users.
Use another person’s account or impersonate them.
Engage in fraud or any form of deceptive practices, including pyramid schemes.
Violate the license granted by Luna (see Section 6).
Reveal private or confidential information that you don’t have the right to disclose.
Modify, distribute, or create derivative works from our content without permission.
Use automated methods (like bots or crawlers) to scrape or interact with our Services.
Upload harmful code, viruses, or any other software designed to disrupt the functionality of the Services.
Manipulate identifiers to hide the origin of content transmitted through the Services.
Frame or mirror any part of Luna’s Services without permission.
Engage in any activity that breaches these Terms or encourages others to do so.

Violating any of the above may result in the automatic revocation of your access to Luna.

PROHIBITED CONTENT

Luna prohibits the sharing or posting of content that:

Could reasonably be considered offensive, harassing, or intended to upset, embarrass, or alarm others.
Contains nudity or sexually explicit material, or is otherwise obscene or offensive to human dignity.
Encourages discrimination, hate, or violence based on race, gender, religion, ethnicity, or other protected categories.
Promotes illegal activities, including terrorism, or may incite violence.
Defames or misrepresents someone.
Is used for commercial gain, including advertising or selling goods and services, without Luna’s prior consent.
Includes unsolicited spam or “junk mail.”
Contains viruses, worms, or any software intended to harm or hijack hardware or data.
Violates the rights of others, including privacy and intellectual property rights.
Contains the likeness of minors unless accompanied by their legal guardian.
Contradicts the intended use of the Services.
May damage Luna’s reputation or advocate misuse of the platform.

Sharing or posting content that breaches these guidelines can result in the immediate suspension or termination of your account.

3. CONTENT

It's essential to understand your rights and responsibilities concerning the content available on Luna, including any material you choose to upload or post. Certain types of content are strictly prohibited, and you are expected to adhere to these guidelines.

When using Luna, you will encounter three types of content:

Content you create or share while using our platform ("Your Content"),
Content provided by other users ("Member Content"),
Content provided by Luna ("Our Content").

In this Agreement, "content" refers to any and all material, including but not limited to text, images, videos, and audio, that is available on our Services, including profile information and direct messages.

For more details on how we handle content moderation, please visit our FAQ section. To learn how user profiles are recommended, you can refer to our FAQ on this subject as well.

3a. YOUR CONTENT

You are fully responsible for any content you upload or share on our platform. Therefore, it is important not to post anything you would not want others to see or that could breach this Agreement or create legal risks for yourself or Luna.

You alone are responsible for Your Content. By uploading or sharing any material, you agree to indemnify, defend, release, and hold Luna harmless from any claims that may arise as a result of Your Content.

You confirm and guarantee that any information you provide, whether to Luna or to other users, is accurate. This includes details submitted through third-party platforms, such as Facebook, where applicable. It is your responsibility to keep this information up-to-date.

The content you display on your profile should align with the intended purpose of our Services. You may not upload Prohibited Content, and all content must adhere to our Member Principles. Additionally, personal contact information, banking details, or peer-to-peer payment information (e.g., names, addresses, telephone numbers, email addresses, credit card or payment account details) should not be shared within your profile or with other users. If you choose to disclose personal information, you do so at your own risk, and we strongly advise caution when doing so.

Your profile, including Your Content, will be visible to other users worldwide. By posting or sharing content, you acknowledge and agree that others may view, interact with, and even share Your Content with third parties. By uploading Your Content, you affirm that you have the necessary rights and permissions to share it, and you automatically grant Luna a license to use Your Content as outlined in Section 7 of this Agreement.

Luna may offer tools and features to help you create or enhance Your Content, and we are continually developing new technology to improve the Services. These tools are designed to help you express yourself, but it remains your responsibility to ensure that Your Content is accurate and appropriate. Any decisions or actions taken based on Your Content are your responsibility alone.

You also agree that we may monitor or review Your Content, and we retain the right to edit, remove, restrict, or block access to Your Content at any time, without prior notice and at our sole discretion. However, Luna is not obligated to display or review Your Content.

3b. MEMBER CONTENT

While you may access content shared by other users ("Member Content"), you do not own or have rights to that content. You may only use Member Content in ways that align with the intended purposes of our platform, which primarily facilitates communication and interaction between users.

Member Content remains the property of the user who posted it, and it is stored on our servers at their direction. Other users are responsible for ensuring the accuracy of their content, but you should always verify the information you encounter for yourself. Be mindful that some Member Content may be biased, incomplete, offensive, or misleading. Luna does not take responsibility for the actions or decisions you make based on Member Content.

You are prohibited from copying, distributing, or using Member Content for any commercial purposes, to send spam, to harass others, or for unlawful activities. Misuse of Member Content can lead to the termination of your account.

3c. OUR CONTENT

Luna retains full ownership of all other content on our Services. This includes, but is not limited to, text, images, graphics, trademarks, logos, sound recordings, and other intellectual property. This material is protected under copyright, trademark, and other applicable intellectual property laws.

You are granted a limited license to access and use Our Content as described in Section 6 of this Agreement. All other rights related to Our Content are reserved, and any use beyond what is expressly permitted by Luna is prohibited.

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

Luna is committed to creating a respectful and welcoming environment for all users. We have zero tolerance for inappropriate content or behavior, both within our Services and in interactions stemming from the platform. This policy applies not only to content shared through Luna but also to user conduct on other services operated by our affiliates.

We encourage all users to report any violations of our Terms or inappropriate behavior. You can do this by using the "Report" feature available in the upper right corner of any user profile. By helping us identify misconduct, you contribute to maintaining a positive experience for the entire community.

If we determine that you have violated these Terms or engaged in inappropriate conduct, we reserve the right to take any necessary actions, which may include:

Temporary or permanent suspension of your account.
Immediate termination of your access to our Services.
Prevention of new account creation if you attempt to rejoin the platform after suspension or termination.
Reporting to law enforcement if we believe your actions are illegal or pose a threat to the safety of others.

Luna has the discretion to implement these measures at any time, with or without notice. We may choose not to inform you of the specific reasons for such actions, particularly if doing so could compromise the safety or privacy of other users.

We take user safety seriously and may investigate claims of misconduct or content violations. However, we are not obligated to provide details of these investigations or the outcomes to anyone other than the affected parties. Please be aware that some decisions, such as account suspensions, are final and non-reversible.

5. PRIVACY

Your privacy is a priority for us. We understand the importance of your personal information and how it’s used. For a detailed explanation of how we handle, collect, use, and protect your personal data, please refer to our Privacy Policy. By using our Services, you acknowledge and agree that your personal data will be processed in accordance with our Privacy Policy.

6. RIGHTS YOU ARE GRANTED BY LUNA

As long as you comply with these Terms, Luna grants you a personal, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes. This license allows you to engage with our Services solely for personal, non-commercial use.

Please note that this license is limited, and any misuse or violation of these Terms will result in the immediate revocation of your access rights. Luna reserves the right to modify or terminate your access at any time, for any reason, without prior notice.

You agree not to:

Replicate, copy, or distribute any part of the Services, except where explicitly allowed.
Modify, adapt, or alter any of Luna’s content without permission.
Use the Services for any commercial purposes or for illegal activities.
Exploit the Services in any way that violates intellectual property rights or these Terms.

7. RIGHTS YOU GRANT LUNA

By creating an account and using our Services, you retain ownership of any content you provide, but you also grant Luna specific rights to use that content. In order for Luna to offer and improve our Services, you provide us with a worldwide, perpetual, transferable, sublicensable, royalty-free license to host, store, display, reproduce, modify, publish, adapt, and distribute Your Content across any platform or medium, whether currently known or developed in the future. This license includes content you authorize us to access through third-party platforms, such as social media accounts.

This license allows us to use Your Content to provide Services and to improve or promote Luna. For instance, if we use your profile photo in an advertisement, we can do so without compensating you. Additionally, Luna may create derivative works using Your Content as part of our Services (e.g., generating summaries or compilations), and Luna has an exclusive right to those derivative works.

Furthermore, by sharing Your Content on Luna, you grant us the authority to act on your behalf to prevent unauthorized use of your content by third parties. This could include sending takedown notices or pursuing other actions to safeguard your content, though we are not obligated to take any action unless legally required.

You also agree that by submitting feedback or suggestions to Luna, we may use those ideas without compensating you or acknowledging your contribution.

Finally, you agree that Luna may access, preserve, and disclose your account information or content if required by law or if we believe such action is necessary to:

Comply with legal processes or government requests.
Enforce these Terms.
Investigate potential violations of the law or of these Terms.
Respond to user service requests.
Protect the rights, property, or safety of Luna, its users, or the public.

8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS

Luna offers products and services for purchase, which may include subscriptions that automatically renew unless canceled. The terms for each purchase, including pricing, renewal schedules, and other details, are made clear at the time of purchase.

If you subscribe through an external service such as Apple or Google Play (an “External Service”), your subscription and payments will be managed through that service. Any cancellations or refunds must be handled directly through your External Service account. For example, if you subscribed through Apple, you must cancel your subscription via your Apple account, and any refund requests will be managed by Apple, not Luna.

For direct purchases made through Luna (referred to as “Internal Purchases”), you authorize Luna to charge the payment method you provide. This payment method will continue to be charged for automatically renewing subscriptions until you cancel. You can cancel your subscription at any time through the account settings on the Luna app or website, but you will retain access to the services until the end of the current billing cycle.

It is your responsibility to ensure that your payment method information remains up to date. If Luna cannot process a payment due to expired or insufficient funds, we may attempt to charge the method again or suspend your access to paid services until the payment issue is resolved.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

If you make a purchase through an External Service (such as Apple ID or Google Play), that provider's terms of service will govern the transaction. Subscriptions made through these platforms will continue to automatically renew unless you cancel through the External Service. Luna does not have the ability to cancel or modify these subscriptions directly.

Should you need to cancel or modify a subscription made through an External Service, you must do so by following the instructions on that platform. For example, to cancel a subscription through Apple, go to your Apple ID account settings and follow the instructions to cancel your Luna subscription. You can also request support via Apple Support or Google Play Support.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

For purchases made directly through Luna, including automatically renewing subscriptions, you agree to pay the prices disclosed at the time of purchase. By providing your payment information, you authorize Luna to charge your chosen method on a recurring basis, in accordance with the terms you agreed upon when subscribing.

To cancel a direct subscription, log in to your account on the Luna app or website and navigate to your account settings. You may cancel your subscription at any time, but you will retain access until the end of the current billing cycle. Subscriptions will not be renewed after the cancellation.

You are responsible for maintaining accurate payment details. If a payment cannot be processed, Luna may suspend access to your account or terminate your subscription. You agree that Luna can charge your payment method again in the event of failed payments, or require you to update your payment information.

8c. VIRTUAL ITEMS

Luna may offer virtual items (such as Boosts) for purchase within the app. These items are licensed to you on a non-transferable, revocable basis and are intended solely for use within the Services. Virtual items hold no real-world value and cannot be sold, traded, or redeemed for real money or any other form of compensation.

Purchases of virtual items are final and non-refundable, except where required by applicable law. Luna reserves the right to modify, manage, or discontinue virtual items at any time, without prior notice.

8d. REFUNDS

In general, all purchases made on Luna, including subscriptions and virtual items, are non-refundable. Exceptions may apply depending on the laws in your jurisdiction. For example, subscribers residing in the European Union or United Kingdom are entitled to a full refund within 14 days of starting their subscription. Similarly, subscribers in specific U.S. states may be entitled to a refund within a defined period after purchase, such as three business days.

For purchases made via External Services, refund requests should be submitted to the External Service provider. Luna is not responsible for processing refunds for these transactions.

If you believe you are entitled to a refund based on local law, contact Luna customer service with your request, providing the necessary details, such as your account information and order number.

9. ACCOUNT TERMINATION

You can choose to delete your Luna account at any time by accessing the settings menu in the app or on the website. Deleting your account, however, does not automatically cancel any subscriptions that were purchased through an External Service. You must manage those subscriptions directly through the service provider to stop recurring payments.

Luna reserves the right to terminate or suspend your account at any time if you violate these Terms or engage in conduct that we determine is inappropriate or harmful to the community. Such actions may occur without notice, and Luna is not obligated to provide a refund for any remaining subscription time or virtual items in cases of account termination for violations.

Even if your account is terminated, these Terms continue to apply and remain enforceable. Luna may retain or delete your data in accordance with our Privacy Policy.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

Luna does not perform criminal background checks or identity verification on its users. While we aim to foster a respectful and positive community, Luna MAKES NO REPRESENTATIONS OR WARRANTIES regarding the identity, conduct, or background of any users. By using our Services, you understand and agree that Luna does not guarantee:

That users are who they claim to be,
The accuracy or completeness of any information provided by users,
The intentions, behavior, health, or conduct of users on or off the platform,
That any user will act appropriately during interactions or meetings.

You acknowledge that Luna is not responsible for the actions of users, either on the platform or in real-life interactions that result from using our Services. This includes, but is not limited to, any users’ past criminal behavior, health conditions, or other characteristics that could impact your interactions.

Luna does NOT conduct criminal background checks, sex offender registry checks, or identity verification as a matter of routine. However, you authorize Luna to conduct any such screenings at any time, at our sole discretion, using publicly available records or third-party services, if we deem it necessary. You also understand and agree that Luna IS NOT OBLIGATED to conduct these checks and that, even if such checks are performed, Luna makes NO GUARANTEE about the accuracy or reliability of the results.

It is essential that you use caution in all interactions with other users, both online and in person. Luna encourages users to take all necessary precautions when communicating with, meeting, or making decisions about others, and to follow the advice set out in our Safety Dating Guidelines. While Luna provides a platform for users to connect, you acknowledge that Luna is not responsible for the actions of users or for any harm, loss, or damage that may result from interactions facilitated by our Services.

Your interactions with other users, including in-person meetings, are undertaken at your own risk. Luna DISCLAIMS ALL LIABILITY arising from or relating to your interactions with others, whether online or offline.

For further protection and cautionary advice, please refer to our Safety Dating Advice and review it regularly. Your safety is paramount, and using good judgment in all interactions is strongly recommended.

11. DISCLAIMER

Luna provides its Services on an "as is" and "as available" basis. This means that we make no guarantees or warranties regarding the performance, accuracy, reliability, or availability of our Services. To the fullest extent permitted by law, Luna DISCLAIMS ALL WARRANTIES, whether express, implied, statutory, or otherwise, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement,
Any warranties regarding the security, timeliness, accuracy, or uninterrupted availability of the Services,
Any warranties that our Services will be free of defects, viruses, or harmful components,
Any warranties concerning the content, interactions, or communications that take place on our Services.

You agree that your use of the Services is at your sole risk, and Luna cannot guarantee the outcome or results of using the platform, including the success of any interactions or matches. Any material you download or otherwise obtain through our Services is done at your own discretion, and you bear full responsibility for any damage to your device or data that results from such activities.

Furthermore, Luna does not guarantee that any user interactions, matches, or engagements will meet your expectations, nor can we be held responsible for the behavior or conduct of any users on or off the platform.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Respecting Intellectual Property rights is an important value at Luna and we expect users to respect these rights as we do. In accordance with the Digital Millennium Copyright Act (DMCA), Luna has adopted the following procedure for addressing claims of copyright infringement.

If you have grounds to believe that any content on our platform infringes your copyright, you may submit a notification of such infringement to Luna’s designated copyright agent, providing the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner,
Identification of the copyrighted work claimed to have been infringed, or a list of works if multiple infringements are covered by a single notice,
Identification of the material that is claimed to be infringing and that is to be removed or access disabled, along with sufficient information to allow Luna to locate the material,
Your contact information, including a contact telephone number and email address,
A declaration asserting your genuine belief that the use of the material in question is unauthorized by the copyright owner, their representative, or the law.
A declaration that the details provided in your notice are accurate to the best of your knowledge, and that, under penalty of perjury, you are authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Please submit any DMCA takedown notices to: Email: luna@meetluna.co
Mail:
Ground Floor, Cromwell House

15 Andover Road

Winchester, SO23 7BT, United Kingdom

Luna reserves the right to terminate, without notice, the accounts of repeat infringers or users who are found to repeatedly violate copyright laws.

13. ADS AND THIRD-PARTY CONTENT

Luna’s platform may include advertisements and promotions from third-party entities. These third-party advertisements are not endorsed by Luna, and we make no guarantees regarding the accuracy, content, or reliability of the products, services, or offers presented in these ads.

If you engage with or purchase from third-party advertisers, those interactions are strictly between you and the third party. Luna is not responsible for any claims, losses, or damages that arise from your transactions with these third parties or from the information provided by them.

Furthermore, our Services may contain links to external websites or resources operated by third parties. We provide these links for convenience, but Luna does not control or endorse the content of these websites, and we cannot be held liable for any issues that arise from using them. When you access external sites or resources, you do so at your own risk, and any issues regarding their content, accuracy, or availability should be directed to the third-party provider.

We may also, on occasion, allow you to view advertisements in exchange for certain in-app benefits or virtual items. However, Luna does not guarantee the availability or functionality of such offers, and these are subject to change or discontinuation at any time. The terms governing these third-party promotions are between you and the advertiser, not Luna.

14. LIMITATION OF LIABILITY

To the fullest extent allowed by law, Luna, including our affiliates, employees, partners, and licensors, WILL NOT BE LIABLE for any indirect, incidental, consequential, exemplary, or punitive damages, including but not limited to:

Loss of profits, whether directly or indirectly incurred,
Loss of data, loss of goodwill, or any intangible losses,
Any loss or damage arising from your use of or inability to access our Services,
Any actions or conduct of any users or third parties that you engage with on or through the platform,
Unauthorized access to or alteration of your content or data.

This limitation of liability applies to all claims, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if Luna has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of certain damages, Luna’s liability will be limited to the extent permissible by applicable law.

Should Luna be found liable to you for any claim related to your use of the Services, our aggregate liability for all such claims, in any 24-month period, will not exceed the total amount you have paid to Luna for the use of our Services during that time. This limitation applies regardless of the legal theory upon which the claim is based, whether it’s contract, tort, negligence, strict liability, or any other basis.

In cases where the law does not permit the limitation of liability for certain types of damages, this provision may not apply to you. However, Luna will still seek to limit our liability to the maximum extent allowed by applicable law.

15. DISPUTE RESOLUTION

If any disagreement arises between you and Luna, it will be addressed through binding arbitration or small claims court, depending on the nature of the dispute, rather than through litigation in traditional courts. Please read this section carefully, as it affects your legal rights.

15a. INFORMAL DISPUTE RESOLUTION

We value our relationship with you and prefer to resolve any concerns you may have informally. Before initiating arbitration or a claim in small claims court, you agree to first reach out to Luna's Customer Support to try and resolve the issue amicably. If we are unable to resolve the issue within 60 days after you first contact us, either party may then proceed with arbitration or small claims court, as set out below.

To initiate the informal dispute resolution process, please contact us by mailing a detailed description of the dispute to:

Luna Legal Department
Ground Floor, Cromwell House, 15 Andover Road, Winchester, England, SO23 7BT, UK

Your letter must include your full name, account details, a description of the dispute, and the relief you are seeking. Luna will respond within a reasonable time and attempt to resolve the dispute without the need for further escalation.

15b. ARBITRATION AND WAIVER OF CLASS ACTION

Any dispute, claim, or controversy that arises out of or relates to these Terms, your relationship with Luna, or your use of our Services will be resolved exclusively by binding arbitration. You and Luna agree to waive your right to a jury trial and to resolve disputes through individual arbitration, meaning you may not bring any claim as a plaintiff or class member in any class, collective, or representative proceeding.

Exceptions to Arbitration: Either party may choose to bring an individual claim in small claims court for disputes that qualify under the court’s jurisdiction. Additionally, claims relating to allegations of sexual harassment or assault are exempt from this arbitration requirement.

Arbitration will be conducted by the National Arbitration and Mediation (NAM) in accordance with its rules. The arbitration will take place in your home jurisdiction unless otherwise agreed by both parties. The arbitrator’s decision will be binding and enforceable in any court of competent jurisdiction.

Arbitration Fees: If you initiate arbitration, you will be responsible for paying the filing fee and any other costs associated with the arbitration, as determined by the NAM rules, unless Luna is required by law to cover those costs or the arbitrator rules otherwise. If Luna initiates arbitration, we will cover all associated costs.

15c. CLASS ACTION WAIVER

To the fullest extent permitted by law, you and Luna agree that any claims must be brought on an individual basis and not as part of a class, collective, or representative action. You and Luna expressly waive any right to participate in or pursue class actions, class-wide arbitration, or any other form of consolidated claims. The arbitrator may only grant relief to the individual party seeking it and only to the extent necessary to resolve that party’s individual claim.

If a court or arbitrator determines that this class action waiver is unenforceable or invalid, this section of the agreement will be null and void, but the remainder of the arbitration agreement will remain in force.

15d. SMALL CLAIMS COURT

Either party may elect to have a dispute heard in small claims court instead of arbitration if the dispute meets the requirements for small claims court jurisdiction. If the dispute exceeds the monetary limits of small claims court, or if the court determines that it does not have jurisdiction, the matter will proceed to arbitration as described above.

15e. OPT-OUT

You have the option to opt-out of the arbitration and class action waiver provisions of this Agreement. To do so, you must notify Luna in writing within 30 days of creating your account or accepting these Terms, whichever is later. You can send your opt-out notice to:

Luna Legal Department
Ground Floor, Cromwell House, 15 Andover Road, Winchester, England, SO23 7BT, UK

Your opt-out notice must include your full name, the email address or phone number associated with your account, and a clear statement indicating your intent to opt out of arbitration and the class action waiver. Opting out of these provisions will not affect the rest of the Terms, and you will still be bound by the remaining sections of this Agreement.

15f. GOVERNING LAW AND VENUE

The laws of the State of Texas, USA, without regard to its conflict of law principles, will govern these Terms and any dispute that arises between you and Luna. However, for residents of the European Union, European Economic Area, United Kingdom, and Switzerland, the governing law shall be the laws of your country of residence.

Any disputes that are not resolved through arbitration or small claims court, and that require legal proceedings, must be litigated exclusively in the state or federal courts located in Dallas County, Texas. Both you and Luna consent to the exercise of jurisdiction by these courts.

16. GOVERNING LAW

This Agreement, along with any disputes that arise between you and Luna, will be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles. This means that any issues regarding your use of Luna’s Services will be subject to Texas law, even if you live outside the state or outside the United States.

However, for users residing in the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or Switzerland, the laws of your home country will apply to any disputes you may have with Luna, unless otherwise agreed.

17. VENUE/FORUM SELECTION

If any legal disputes arise between you and Luna that cannot be resolved through arbitration or small claims court, they must be litigated exclusively in the state or federal courts located in Dallas County, Texas, USA. You agree to submit to the personal jurisdiction of these courts for any such claims, and waive any objections to this venue as being inconvenient or inappropriate.

For users residing in the EU, EEA, UK, or Switzerland, you may bring claims in your local courts, as required by applicable consumer protection laws.

18. INDEMNITY BY YOU

You agree to defend, indemnify, and hold Luna, its affiliates, employees, officers, directors, and agents harmless from any and all claims, demands, liabilities, damages, losses, and expenses, including legal fees, that arise from or are related to:

Your access to or use of our Services,
Any content you post, share, or otherwise provide on or through our Services,
Your violation of any laws or rights of third parties, or
Any breach of this Agreement.

This means that if your actions, content, or use of the Services result in a legal claim against Luna, you will cover all the costs, damages, and losses that we may incur as a result.

Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for specific types of damages. Therefore, some of the limitations listed above may not apply to you. However, to the fullest extent permitted by applicable law, your responsibility to indemnify and defend Luna will remain in effect.

19. ACCEPTANCE OF TERMS

By using Luna’s Services, whether through the mobile app, website, or any other platform, you agree to be bound by this Agreement, including our Privacy Policy, Cookie Policy, Member Principles, and Safety Guidelines, all of which are incorporated into these Terms by reference. If you do not agree to all the terms outlined here, you are not authorized to access or use our Services and must discontinue use immediately.

Your continued use of our Services after any modifications to these Terms constitutes your acceptance of the updated Terms. It is your responsibility to regularly review this Agreement to stay informed of any changes.

20. ENTIRE AGREEMENT

This Agreement, along with any documents or policies referenced within it, constitutes the entire agreement between you and Luna regarding your use of our Services. This supersedes and replaces any prior agreements, whether oral or written, between you and Luna.

If any part of these Terms is deemed invalid, unlawful, or unenforceable, the remaining portions of the Agreement will remain in full effect. Luna's decision not to enforce or assert any right or provision within these Terms does not mean that we have waived our right to enforce that provision in the future. You also acknowledge that your Luna account is personal and cannot be transferred to another party. Your rights to the account, along with any associated content or benefits, will end upon your death, unless otherwise stated by applicable law. Luna retains the right to transfer or delegate its rights and responsibilities under this Agreement to any third party at its discretion, without the need to provide you with notice.

21. SPECIAL STATE AND COUNTRY TERMS

Certain jurisdictions provide specific legal rights to consumers that supplement this Agreement. For subscribers residing in the United States, specific terms may apply based on your state of residence. Below are some of the key provisions:

New York residents: You are entitled to place your subscription on hold for up to one year by submitting a written request to Luna. For more details, you can review the New York Dating Service Consumer Bill of Rights.
California, Colorado, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin residents: You may cancel your subscription without penalty or obligation at any time within three business days following the date of subscription.
Subscribers in Arizona, California, Colorado, Illinois, New York, and other specific states: In the event of your death or disability, you or your estate may be entitled to a refund for the unused portion of your subscription period.

For users residing in the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or Switzerland, you have the right to cancel your subscription within 14 days of your purchase. This right is granted under local consumer protection laws. In Germany, subscribers are allowed to cancel their subscription after renewal by providing a one-month notice.

22. SPECIAL COUNTRY TERMS

Luna operates globally and offers specific terms for subscribers residing in certain countries:

Denmark: If you are a subscriber residing in Denmark, you have the right to cancel your subscription within 14 days of purchase. To exercise this right, you may use the cancellation form provided at the time of purchase. Please note that if you purchased digital content that is not delivered on a physical medium, you waive your right to cancellation once processing has begun with your prior consent.

To cancel an order or exercise your rights under applicable consumer protection laws, you may contact Luna’s Customer Support via email at luna@meetluna.co or by sending a letter to:

Luna Legal Department
Ground Floor, Cromwell House, 15 Andover Road, Winchester, England, SO23 7BT, UK.