Last Updated date: December 16, 2020
THE PARTIES TO THIS AGREEMENT
Unless otherwise indicated, these Terms of Service (“Terms”) apply to (i) your use of and/or access to the LunaYou mobile application, the website (lunayou.com and lunayou.my.salesforce.com) and other digital interfaces associated with LunaYou (collectively, “Platform”) which are owned or operated by or on behalf of the Business Innovation Factory or its affiliates (collectively, “Organization” or “We”).
THESE TERMS CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTION OR JURY TRIAL.
LUNAYOU DOES NOT OFFER MEDICAL ADVICE
Neither LunaYou nor the Organization is a Provider of Medical Advice. The Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
The content provided within the LunaYou Platform, and any conversations or communications with Wellbeing Coaches is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. Do not use the information on the LunaYou Platform for diagnosing or treating any medical or health condition. In the event of a medical emergency, call your healthcare provider or 911 immediately.
USE OF THE LUNAYOU PLATFORM
The LunaYou platform is designed solely for those who are eighteen (18) years of age or older. Any account registration, or access to the platform by anyone younger than eighteen (18) years of age is strictly prohibited and in violation of the Terms.
ACCEPTANCE OF TERMS
You must accept these Terms to create a LunaYou account and to access or use the LunaYou Platform. If you do not have an account, you accept these Terms by using any part of the LunaYou Platform. If you do not accept these terms, do not create an account or use the LunaYou Platform.
NOTICES, ELECTRONIC COMMUNICATIONS
We may modify this Agreement from time to time. Organization will provide notices, at Organization’s sole discretion, except as required by law, by mail, e-mail, general posting on lunayou.com or through other methods deemed appropriate by Organization or permitted under law. You agree that all agreements, notices, disclosures and other communications we provide you electronically satisfy any legal requirement that such communication be in writing.
The “Last Updated” date above indicates the date that the Terms were last updated. You should periodically review this page to determine if the Terms have been updated. Your continued participation following any updates constitutes acceptance of these updates.
By participating, you consent to receive live and/or automated calls and text messages, as well as e-mails at the number and e-mail address you provide. Consent is not required and can be revoked at any time. Such alerts may include limited personal information, and whoever has access to that mobile or carrier account will also be able to see this information. Frequency of calls, texts, or faxes will vary and standard data and messaging rates apply.
YOUR DATA AND YOUR PRIVACY
CREATING AN ACCOUNT
You will have access to a Wellbeing Coach, your Coach is there to be a supportive element and enhance your LunaYou experience. Through weekly check-ins you will uncover what motivates you and learn to set realistic goals that will put you at the center of your pregnancy. The LunaYou Wellbeing Coaching Sessions are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified healthcare providers. If you think that you have a medical emergency, call your healthcare provider or call 911 immediately.
THE PRIVACY OF OTHERS
You may learn private information about other users on the LunaYou Platform, whether in one of our forums or otherwise. You agree not to disclose information of other users that you may obtain through your use of the Platform or otherwise to third parties or use such information for any purpose (including especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Platform..
POSTING YOUR CONTENT ON THE LUNAYOU PLATFORM
LunaYou may enable you to post, upload, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the LunaYou Platform. You retain all rights to Your Content that you post to the LunaYou Platform.
You are responsible for Your Content, and the use of Your Content on the LunaYou Platform, and your use of the LunaYou Platform will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the LunaYou Platform in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the LunaYou Platform, or which may expose us or our users to any harm or liability of any type.
LunaYou may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the LunaYou Platform.
You acknowledge and agree that the Platform and all intellectual property rights associated therewith are, and shall remain, the property of the Organization (and, where applicable, its licensors). Use of the Platform does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Platform does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Platform unless we expressly permit you to in these Terms.
The LunaYou Platform may display or permit linking or other access to or use of third-party content, websites, and resources (collectively “Third-Party Services”) that are not under the LunaYou Platform’s control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services.
Except for disputes that qualify for small claims courts, all disputes arising out of or related to LunaYou or these Terms, whether based in tort, fraud, misrepresentation, contract or any other legal theory will be resolved through binding and final arbitration before an arbitrator rather than a court. You agree you are waiving the right to trial by jury, and waiving any and all rights to a class action. The arbitration will be conducted under the American Arbitration Association (“AAA”) rules currently available and shall take place in Providence, Rhode Island. The arbitrator will have authority to issue temporary or permanent injunctive relief. Any decisions in arbitration shall be final and binding upon the parties. The cost of the proceedings (including reasonable attorneys’ fees and costs) shall be borne by the unsuccessful Party, as determined by the Arbitrator, and shall be awarded as part of the Arbitrator’s award. The award rendered by the arbitrator may be confirmed and enforced by a Court. If a Court decides that any part of this provision is invalid or unenforceable, the other parts shall still apply.
JURISDICTION AND COMPLETE AGREEMENT
These Terms will be governed by Rhode Island law, without regards to principles of conflicts of law. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree to indemnify and hold the Organization (and any employee, officer, director or affiliate of the Organization, each a “Company Person”) harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Platform, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Platform by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the Organization or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Platform. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Platform.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
You agree that use and participation on any Services or Platform is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORGANIZATION OR ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS (“PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNATIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA OR PROFITS, LITIGATION OR ANY OTHER LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM WOULD OTHERWISE BE LIMITED TO THE AMOUNT PAID BY USER FOR USERS SERVICES.
Organization offers services on a “as is” and “as available basis.” Organization makes NO WARRANTY WITH REGARD TO ANY SERVICES OR PLATFORMS, or that they will be available without interruption or error. Organization expressly disclaims all express and implied warranties, and no advice from any Organization associates or employees shall create any such warranty. This provision is applicable to the extent permitted by state law.
TERM AND TERMINATION
The LunaYou Platform is designed to support the journey from pregnancy, to childbirth, and the postpartum experience. The services are intended to remain in effect during that time and will expire three (3) months after giving birth.
You may terminate the agreement reflected in these Terms at any time by contacting firstname.lastname@example.org. Organization may, at its sole discretion, terminate any account or user, for acting inconsistently with these Terms or the law, or acting in a manner harmful to Organization. Organization is the sole arbitrator regarding termination of an individual’s account. Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
Organization further reserves the right to terminate the Services or any part thereof, at any time, for any reason.
HOW YOU CAN CONTACT US
If you have questions or concerns, you should contact us at email@example.com