Terms of Service

Terms of Service and End User License Agreement

Luna Health, Inc.

These Terms Of Service Of Luna Health, Inc. Are Effective As Of November 5, 2024 And Replace Any Prior Terms Of Service.

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The Website Located At www.lunadiabetes.com (The “Site”) Belongs To Luna Health, Inc. (“Luna Health,“, “Company”, “We”, “Our” Or “Us”). As Provided Below, Luna Health Grants You The Right To Use (A) The Site, (B) Our Software Applications, Including Without Limitation The Luna Health Mobile Application Available For Download Or Access At Our Website Or Otherwise, At The Apple® App Store Or Through Any Other Cell Phone Service Provider Locations Or Other Locations We Indicate (Collectively “Software,” Or “App”), (C) Our Data Services Available Through The Internet ("Data Services") To Users Of Our Products Or Software, Or Any Other Product Or Service Of The Company Offered From Time To Time Hereafter, (D) And Any Luna Hardware, Including Any Firmware ((A)-(D) Collectively, The “Luna Services”), Subject To These Terms And Conditions Of Use (“Terms Of Use”, “Terms Of Service” Or “Terms”) Set Forth Below. In Addition, Your Use Of The Luna Services Is Governed By The End User License Agreement (“Eula”) Attached Hereto As Exhibit A.  Please Read These Terms Of Service And Eula Carefully Before Using The Luna Services.

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Unless You Are A Consumer Located In A Jurisdiction That Prohibits The Exclusive Use Of Arbitration For Dispute Resolution, These Terms Provide That All Disputes Between You And Luna Will Be Resolved By Binding Arbitration. You Agree To Give Up Your Right To Go To Court To Assert Or Defend Your Rights Under This Contract, Except For Matters That May Be Taken To Small Claims Court. Your Rights Will Be Determined By A Neutral Arbitrator And Not A Judge Or Jury, And Your Claims Cannot Be Brought As A Class Action. Please Review Section 8 (“Dispute Resolution, Binding Arbitration, And Class Action Waiver”) For The Details Regarding Your Agreement To Arbitrate Any Disputes With Luna.

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It Is Important That You Read Carefully And Understand These Terms Of Service (This “Agreement”). By Clicking The “I Accept” Button Or Using The Website And/Or Any Of The Luna Services, You Acknowledge That (1) You Have Read And Reviewed This Agreement In Its Entirety, (2) You Agree To Be Bound By This Agreement, (3) The Individual So Clicking Or Using Has The Power, Authority And Legal Right To Enter Into This Agreement On Behalf Of You (As An Individual If On Your Own Behalf Or As A Parent Or Guardian For A Minor (“You” Or “Your”)) And, (4) By So Clicking Or Using, This Agreement Constitutes Binding And Enforceable Obligation Between You And Luna Health. If You Do Not Agree With All The Terms Of This Agreement And Do Not Agree To Be Bound By This Agreement, Please Do Not Click Below.

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We May Discontinue The Website Or Any Or All Of The Luna Services At Any Time And For Any Reason, Without Notice. We May Change The Contents, Operation, Or Any And All Other Features Of The Website Or Any Or All Of The Luna Services At Any Time For Any Reason, Without Notice. We May Discontinue Or Restrict Your Use Of The Website Or Any Or All Of The Luna Services At Any Time For Any Reason, Without Notice.

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1. Ownership; Use

All Text, Graphics, Images, Logos, Photographs, Videos, Sounds, Music, Voiceovers, Source And Object Code, Algorithms, Software, Data, Messages, Posts, Information And Other Materials Appearing On Or In The Luna Services ("Content") Are Either Owned By Us, Or Provided Through An Arrangement With Third Parties. Luna Health And Any Such Third Parties Retain All Intellectual And Proprietary Rights To The Content, And The Content Is Protected By United States And International Intellectual Property Laws, Including, But Not Limited To Copyright. You May View, Access, Download, Use And Print (If Applicable) The Content For Your Personal, Non-Commercial Use, Provided You Retain All Copyright And Other Intellectual Property And Proprietary Notices Contained In The Original Content On Any Copy. The Content May Not Be Used In Any Manner Not Expressly Authorized By Luna Health Under This Agreement And The Limited Rights Granted To You Are Revocable At Any Time, With Or Without Notice To You.

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In No Event May You Sell, Transfer, Assign, License, Sublicense, Or Modify The Content Or Display, Reproduce, Perform, Broadcast, Modify, Adapt, Translate, Make A Derivative Version Of, Sell, Distribute, Or Otherwise Use The Content In Any Way For Any Public Or Commercial Purpose Or Provide It To Any Public Or Commercial Website. You May Not Decompile, Reverse Engineer, Disassemble, Decrypt, Attempt To Derive The Source Code Or Object Code Underlying The Luna Services, Or Use Any Automatic Tools To Use Or Access The Luna Services, Or To Otherwise Use Or Access The Luna Services For Any Unlawful Purpose. You May Not Use The Luna Services In Any Way That Could Overburden, Damage Or Disable The Luna Services And/Or Impair Or Interfere With Other’s Use Of The Luna Services. Deep Linking, Framing, And The Use Or Posting Of The Content On Any Other Website, Web-Based Communication Channel, Or In A Network Or Similar Environment Permitting Use Or Access By Multiple Users At The Same Time Or For Any Purpose Are Expressly Prohibited. We Reserve All Rights With Respect To The Luna Services Not Expressly Granted Herein And May Discontinue The Luna Services At Any Time, With Or Without Notice To You.

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Unless Otherwise Specified, The Luna Services Are Intended For Adult Use In The United States Of America. No Information Should Be Submitted To Or Posted To Any Of The Luna Services By Users Under 18 Years Of Age Without The Consent Of Their Parent Or Legal Guardian.

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Any Unsolicited Information You Provide To Luna Health Through Your Use Of The Luna Services Or Through Any Other Means Shall Be And Remain The Exclusive Property Of Luna Health. This Includes, But Is Not Limited To, Information Posted To Any Public Areas Of The Luna Services, Any Ideas For New Products Or Modifications To Existing Products, And Other Unsolicited Submissions (Collectively, "Unsolicited Information"). All Such Unsolicited Information Shall Be Deemed To Be Non-Confidential And Luna Health Shall Be Free To Reproduce, Use, Disclose, And Distribute Such Unsolicited Information To Others Without Limitation Or Attribution.

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Trademarks, Service Marks, And Logos, Including But Not Limited To “Luna,” “Luna Diabetes,” “Luna Health,” “Better Nights For Better Days,” And The Stylized Name Of “Luna” (Collectively, The "Marks") Used And Displayed On Or In Any Of The Luna Services Are Our Registered And/Or Unregistered Marks In The United States Of America And Elsewhere, And Nothing On Or In The Luna Services Or In This Agreement Should Be Construed As Granting Any License Or Right To Use Any Marks Without Our Express Prior Written Permission Specifically For Each Use. Please Note That Apple Is A Registered Mark Of Apple Inc. And The App Store Is A Service Mark Of Apple Inc. Other Product And Company Names Mentioned Herein May Be Service Marks, Trademarks, Or Registered Service Marks Or Registered Trademarks Of Their Respective Owners.

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2. Third-Party Websites

Luna Health May Offer Certain Luna Services Through Third-Party Websites Or Provide Links To Third-Party Websites For Your Convenience. These Third-Party Websites Are Not Under Our Control, And We Are Not Responsible For The Conduct Or Availability Of Or Content Provided By Third-Party Websites. Use Of Third-Party Websites Is At Your Own Risk. Before Disclosing Your Personal Data On Any Other Website, We Encourage You To Examine The Terms And Conditions And Privacy Policy Of Each Of Those Websites. Links To Third-Party Websites Do Not Constitute Or Imply An Endorsement By Luna Health.

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3. Privacy Policy

For More Information Concerning What Information We Collect And What We Do With Such Information, See Our Privacy Policy (Which Terms And Conditions Are Incorporated Into This Agreement By Reference). We May Obtain And Release Any Information If We Believe, Correctly Or Not, That Such Release Is Necessary To Comply With Law, To Enforce This Agreement, The Privacy Policy, Or To Safeguard Our Property Or Rights.

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4. Content Informational Only; Consult Your Health Care Providers

You Understand That Health Care And Treatment Are Complex Subjects Requiring The Services Of Qualified Health Care Providers. The Content Provided On Or In The Luna Services Is Informational Only And Not Intended As Medical Or Health Care Advice Or Recommendations To Be Used For Diagnosis, Treatment Or For Any Other Individual Needs. The Content Is Not A Substitute For Medical Or Health Care Advice, Recommendations And/Or Services From A Qualified Healthcare Provider. The Content May Not Be Relied Upon In Any Way In Connection With Your Personal Health Care, Related Decisions And Treatment. All Such Decisions And Treatment Should Be Discussed With A Qualified Health Care Provider Who Is Familiar With Your Individual Needs.

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5. Disclaimer Of Warranties And Limitations On Liability

Use Of The Luna Services Is At Your Sole Risk And Luna Health Assumes No Responsibility For Your Use Or Access Of The Luna Services Or Any Consequences Thereof. Except For Any Express Warranty Stated On Or In The Luna Services, The Luna Services, Its Content, And All Items Offered For Sale Are Provided On An "As Is" And "As Available" Basis Without Warranties Of Any Kind. Luna Health Does Not Make, And Hereby Disclaims, Any Representation, Agreement Or Warranty Whatsoever, Express Or Implied, Including But Not Limited To Any Warranties Of Merchantability, Fitness For A Particular Purpose, Title, Non-Infringement Of Third Parties' Rights Or Any Warranty That The Services Or Content Will (I) Meet Your Requirements; (Ii) Be Uninterrupted, Timely, Secure, Or Error-Free; (Iii) Provide Results That Will Be Effective, Accurate, Or Reliable; (Iv) Be Free From Any Errors Or Any Defects, Or That Such Errors Or Defects Will Be Corrected.

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In No Event Shall Luna Health Be Responsible For Any Damages Of Any Kind, Including Without Limitation Any Direct, Indirect, Special, Incidental, Punitive Or Consequential Damages To Any Person, Even If We Know Or Have Been Advised Of The Possibility Of Such Damages.

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Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties Or Limitation Of Incidental Or Consequential Damages, So Not All Of This Section 5 May Apply To You. Luna Health’s Liability In Such Jurisdictions Shall Be Limited To The Maximum Extent Permitted By Law.

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6. Termination Of This Agreement

By Us.

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We Reserve The Right, In Our Sole Discretion, To Suspend Or Terminate This Agreement And Your Access To All Or Any Part Of The Luna Services Or Their Content, At Any Time And For Any Reason With Or Without Prior Notice Or Liability. We Reserve The Right To Change, Suspend, Or Discontinue All Or Any Part Of The Luna Services Or Their Content At Any Time With Or Without Prior Notice Or Liability.

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By You.

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Your Sole Means For Terminating This Agreement Is To Discontinue Use Of The Luna Services.

Survival.

If This Agreement Is Terminated, All Sections Shall Survive The Termination.

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7. Miscellaneous

This Agreement Constitutes The Entire Agreement Between You And Us, And Supersedes All Prior Agreements Or Communications. If Any Provision Of This Agreement Is Found To Be Invalid By Any Court, The Invalidity Of Such Provision Shall Not Affect The Validity Of The Remaining Provisions Of This Agreement. No Waiver Shall Be Effective Against Us Unless We Make It In Writing, And No Such Waiver Shall Be Construed As A Waiver In Any Other Or Subsequent Instance. Headings Are For Convenience Only And Have No Legal Import. This Agreement Will Be Governed By The Laws Of The State Of Delaware Applicable To Contracts Entered Into And Performed Exclusively In Delaware. Any Court Of Competent Jurisdiction Sitting Within New Castle County, Delaware Will Have Exclusive Jurisdiction And Venue For Any Dispute Arising Out Of Or Relating To The Luna Services Or This Agreement, And You Hereby Waive Any Argument That Any Such Court Does Not Have Jurisdiction Over You Or Such Dispute Or That Venue Is Not Appropriate Or Convenient.

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Exhibit A

End User License Agreement

This End User License Agreement (“Eula") Is A Binding Agreement Between Luna Health (Referred To As "We" Or “Us”) And You (Referred To As “End User” Or “You”) And Applies To Your Use (Including Any Access To Or Download From) Www.Lunadiabetes.Com Or Other Luna Health Websites (Each A “Website,” Collectively The “Websites”), Or Any Other Mobile Applications And Related Documentation We Make Accessible, Downloadable Or Otherwise Available To You (Each An “Application,” Collectively The “Applications”), And Any Products And Services Accessible, Downloadable Or Otherwise Available Via The Websites Or Applications, Including All Features, Functionality, And Content Thereof (Collectively The “Luna Services”).

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By Using, Accessing Or Downloading Any Of The Luna Services Or By Clicking “Accept” On The Terms Of Service To Which This Eula Is Attached, You Signify Your Agreement To The Terms And Conditions Of This Eula. If You Do Not Agree To The Terms And Conditions Of This Eula You Must Not Use The Luna Services. We Reserve The Right To Change The Terms Of This Eula, In Which Event We Will Post The Changes On This Page. Your Use Of The Luna Services After Such Changes Are Posted Shall Mean That You Accept Such Changes.

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Your Use And Access To The Luna Services Are Also Governed By The Luna Health Privacy Policy, Luna Health Hipaa Privacy Policy (Attached To The Luna Health Privacy Policy As Exhibit A), And Luna Health Terms Of Service To Which This Eula Is Attached, All Of Which Are Incorporated Herein By Reference. Your Use Of, Access To And/Or Download From The Luna Services May Require You To Acknowledge Your Acceptance Of Such Privacy Policy And/Or Terms Of Service, And Your Failure To Do So May Restrict You From Using Or Accessing Certain Of The Application's Features, Functionality And Content. Any Violation Of Such Terms Of Service Or Privacy Policy Will Also Be Deemed A Violation Of This Eula.

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1. License

Subject To The Terms Of This Eula, We Grant You A Limited, Non-Exclusive, And Nontransferable License To Use The Luna Services For Your Personal, Non-Commercial Use Strictly In Accordance With This Eula.

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You Shall Not (Except As And Only To The Extent Any Following Restriction Is Prohibited By Applicable Law Or To The Extent As May Be Permitted By The Licensing Terms Governing Use Of Any Open Sourced Components Included With The Luna Services In Accordance With Section 4 Hereof):

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A) Copy The Luna Services, Except As Expressly Permitted By This Limited License;

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B) Modify, Translate, Adapt, Or Otherwise Create Derivative Works Or Improvements, Whether Or Not Patentable, Of The Luna Services;

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C) Reverse Engineer, Disassemble, Decompile, Decode, Or Otherwise Attempt To Derive Or Gain Access To The Source Code Of The Luna Services Or Any Part Thereof;

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D) Remove, Delete, Alter, Or Obscure Any Trademarks Or Any Copyright, Trademark, Patent, Or Other Intellectual Property Or Proprietary Rights Notices From The Luna Services, Including Any Copy Thereof;

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E) Rent, Lease, Lend, Sell, Sublicense, Assign, Distribute, Publish, Transfer, Or Otherwise Make Available The Luna Services, Or Any Features, Functionality And Content Of The Luna Services, To Any Third Party For Any Reason, Including By Making The Luna Services Available On A Network Where It Is Capable Of Being Accessed By More Than One Device At Any Time; Or

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F) Remove, Disable, Circumvent, Or Otherwise Create Or Implement Any Workaround To Any Copy Protection, Rights Management, Or Security Features In Or Protecting The Luna Services; Or

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G) Use The Luna Services In, Or In Association With, The Design, Construction, Maintenance, Or Operation Of Any Hazardous Environments Or Systems, Including Any Power Generation Systems; Aircraft Navigation Or Communication Systems, Air Traffic Control Systems Or Any Other Transport Management Systems; Safety-Critical Applications, Including Medical Or Life-Support Systems, Vehicle Operation Applications Or Any Police, Fire, Or Other Safety Response Systems; And Military Or Aerospace Applications, Weapons Systems, Or Environments.

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2. Reservation Of Rights

You Acknowledge And Agree That The Luna Services Are Provided Under License, And Not Sold, To You. You Do Not Acquire Any Ownership Interest In The Luna Services Under This Eula, Or Any Other Rights Thereto Other Than To Use The Luna Services In Accordance With The Limited License Granted, And Subject To All Terms And Conditions Of This Eula. We Reserve And Shall Retain Our Entire Right, Title, And Interest In And To The Luna Services, Including All Copyrights, Trademarks, And Other Intellectual Property Rights Therein Or Relating Thereto, Except As Expressly Granted To You In This Eula.

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3. Collection And Use Of Your Information

You Acknowledge That When You Use The Luna Services, We May Use Automatic Means (Including, For Example, “Cookies” And Other Tools) To Collect Information About Your Use Of, Access To And Download From The Luna Services (Including, For Example, Mobile Device Data Such As Model And Name, Operating System And Version And Usage Data Such As Frequency And Duration Of Use). For Certain Features, Functionality And Content Of The Luna Services, You Also May Be Required To Provide Certain Information About Yourself As A Condition To Using Such Features, Functionality And Content.

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All “Personal Data” We Collect Through Or In Connection With The Luna Services Is Subject To The Luna Health Privacy Policy. All “Protected Health Information” Or “Phi” We Collect Through Or In Connection With The Luna Services Is Subject To The Luna Health Hipaa Privacy Policy (Attached To The Luna Health Privacy Policy As Exhibit A).

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By Using, Accessing And/Or Providing Personal Data And/Or Phi To Or Through The Luna Services, You Consent To All Actions Taken By Us With Respect To Your Personal Data And/Or Phi In Compliance With Our Privacy Policy And/Or Our Hipaa Privacy Notice As Applicable.

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4. Open Source Software

Notwithstanding Anything Herein To The Contrary, Open Source Software (“Oss”) As Defined In Our Open Source Notice Is Licensed To You Under Such Oss’s Own Applicable License Terms, Which Can Be Found At Luna Health Open Source Notice. These Oss License Terms Are Consistent With The License Granted In Section 1, And May Contain Additional Rights For You. The Oss License Terms Shall Take Precedence Over This Eula To The Extent That This Eula Imposes Greater Restrictions On You Than The Applicable Oss License Terms, Solely With Respect To The Portions Of The Features, Functionality And Content Subject To Such Oss License Terms.

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5. Geographic Restrictions

The Luna Services Are Based In The State Of California And/Or Other Locations In The United States Of America (“Usa”) And Intended For Use, Access And/Or Download Only By Persons Located In The Usa. You Acknowledge That You May Not Be Able To Use, Access And/Or Download All Or Some Of The Luna Services Outside Of The Usa And That Use, Access And Download Thereto May Not Be Legal By Certain Persons Or In Certain Countries. If You Use, Access And/Or Download The Luna Services From Outside The United States, You Are Responsible For Compliance With Local Laws.

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6. Updates

We May, From Time-To-Time And In Our Sole Discretion, Develop And Provide Updates To The Luna Services, Which May Include, But Are Not Limited To, Upgrades, Bug Fixes, Patches, Other Error Corrections, And/Or The Removal Or Introduction Of Features, Functionality And Content (Collectively, Including Related Documentation, “Updates"). You Acknowledge And Agree That We Have No Obligation To Provide Any Updates Or To Continue To Provide Or Enable Any Particular Feature, Functionality And Content.

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We May Make Updates To The Luna Services Automatically Or Prompt You To Make Them Manually, Depending Both On The Applicable Service And The Means By Which You Use, Access Or Download It. For Luna Services You Use, Access Or Download From Your Mobile Device(S), This May Depend, In Part, On The Settings You Have Selected For Your Mobile Device(S). When Your Internet Connection Permits: (A) The Luna Services Will Automatically Download And Install All Available Updates; Or (B) You May Receive Notice Of Or Be Prompted To Download And Install Available Updates.

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You Shall Promptly Download And Install All Updates And Acknowledge And Agree That The Luna Services Or Portions Thereof May Not Properly Operate Should You Fail To Do So. You Further Agree That All Updates Will Be Deemed Part Of The Luna Services And Be Subject To All Terms And Conditions Of This Eula.

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7. Third Party Content

The Luna Services May Display, Include, Or Make Available Third Party Content (Including Text, Graphics, Images, Logos, Photographs, Videos, Sounds, Music, Voiceovers, Source And Object Code, Algorithms, Software, Data, Messages, Posts, Information And/Or Other Materials Appearing On Or In The Luna Services, Including Applications And Other Products And Services) Or Provide Links To Third Party Websites, Products Or Services ("Third Party Content"). You Acknowledge And Agree That We Are Not Responsible For Third Party Content, Including Its Accuracy, Completeness, Timeliness, Validity, Legality, Decency, Quality, Or Any Other Aspect Thereof. We Do Not Assume And Will Not Have Any Liability Or Responsibility To You Or Any Other Person Or Entity For Any Third Party Content. Third Party Content And Links Thereto Are Provided Solely As A Convenience To You, And You Access And Use Them Entirely At Your Own Risk And Subject To Such Third Parties’ Terms And Conditions.

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8. Terms And Termination

The Term Of This Eula Commences On The Earlier Of When You Use, Access, Or Download The Luna Services Or Acknowledge Your Acceptance Hereto And Will Continue In Effect Until Terminated By Us Or By You Or As Set Forth Herein.

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A) By Us. We May Suspend Or Terminate This Eula And Your Access To All Or Any Part Of The Luna Services At Any Time And For Any Reason With Or Without Prior Notice Or Liability. We May Also Change, Suspend, Or Discontinue All Or Any Part Of The Luna Services, Including Certain Features, Functionality And Content, At Any Time And For Any Reason With Or Without Prior Notice Or Liability. In Addition, This Eula Will Terminate Immediately And Automatically Without Any Notice If You Violate Any Of The Terms And Conditions Of This Eula.

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B) By You. You May Terminate This Eula By Discontinuing Your Use Of The Luna Services, Which May Include, But Is Not Limited, Removing The Application(S) From Any Mobile Device(S) By Which You Access The Luna Services.

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C) Survival. Upon Termination: (I) All Rights Granted To You Under This Eula Will Also Terminate; And (Ii) You Must Cease All Use Of The Luna Services. If This Eula Is Terminated By Us Or By You, All Sections Shall Survive The Termination. Termination Will Not Limit Any Of Our Rights Or Remedies At Law Or In Equity.

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9. Disclaimer Of Warranties And Limitations On Liability

Use Of The Services Is At Your Sole Risk And We Assume No Responsibility For Your Use Or Access Of The Services Or Any Consequences Thereof.

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The Services Are Provided To You "As Is" And “As Available” With All Faults And Defects And Without Warranty Of Any Kind. To The Maximum Extent Permitted Under Applicable Law, We, On Our Own Behalf And On Behalf Of Our Affiliates And Its And Their Respective Licensors And Service Providers, Expressly Disclaim Any And All Representations, Agreements Or Warranties Whatsoever, Whether Express, Implied, Statutory, Or Otherwise, With Respect To The Services, Including All Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, And Non-Infringement, And Warranties That May Arise Out Of Course Of Dealing, Course Of Performance, Usage, Or Trade Practice. Without Limitation To The Foregoing, We Provide No Undertaking, Agreement, Or Warranty, And Make No Representation Of Any Kind That The Services Will Meet Your Requirements, Achieve Any Intended Results, Be Compatible, Or Work With Any Other Software, Applications, Systems, Mobile Devices, Or Services, Operate Without Interruption, Meet Any Availability, Reliability, Timeliness, Security, Performance, Or Any Other Standards, Be Error Or Defect Free, Or That Any Errors Or Defects Can Or Will Be Corrected.

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Some Jurisdictions Do Not Allow The Exclusion Of Or Limitations On Implied Warranties Or The Limitations On The Applicable Statutory Rights Of A Consumer, So Some Or All Of The Above Exclusions And Limitations May Not Apply To You. Our Liability In Such Jurisdictions Shall Be Limited To The Maximum Extent Permitted By Law.

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To The Fullest Extent Permitted By Applicable Law, In No Event Will We Or Our Affiliates, Or Any Of Its Or Their Respective Licensors Or Service Providers, Have Any Liability Arising From Or Related To Your Use Of Or Inability To Use The Services Or The Content And Services For:

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(A) Personal Injury, Property Damage, Lost Profits, Cost Of Substitute Goods Or Services, Loss Of Data, Loss Of Goodwill, Business Interruption, Computer Failure Or Malfunction, Or Any Other Consequential, Incidental, Indirect, Exemplary, Special, Or Punitive Damages.

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(B) Direct Damages In Amounts That In The Aggregate Exceed The Amount Actually Paid By You For The Services (Which, For The Avoidance Of Doubt, Shall Not Include The Amount Actually Paid By You For Any Products Or Services You Purchased From Us Through The Services).

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The Foregoing Limitations Will Apply Whether Such Damages Arise Out Of Breach Of Contract, Tort (Including Negligence), Or Otherwise And Regardless Of Whether Such Damages Were Foreseeable Or We Were Advised Of The Possibility Of Such Damages. Some Jurisdictions Do Not Allow Certain Limitations Of Liability So Some Or All Of The Above Limitations Of Liability May Not Apply To You. Our Liability In Such Jurisdictions Shall Be Limited To The Maximum Extent Permitted By Law.

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10. Export Regulation And Usa Government Rights

The Luna Services, Including The Application(S), May Be Subject To Usa Export Control Laws, Including The Us Export Administration Act And Its Associated Regulations. You Shall Not, Directly Or Indirectly, Export, Re-Export, Or Release The Luna Services To, Or Make The Luna Services Accessible From, Any Jurisdiction Or Country To Which Export, Re-Export, Or Release Is Prohibited By Law, Rule, Or Regulation. You Shall Comply With All Applicable Federal Laws, Regulations, And Rules, And Complete All Required Undertakings (Including Obtaining Any Necessary Export License Or Other Governmental Approval), Prior To Exporting, Re-Exporting, Releasing, Or Otherwise Making The Luna Services Available Outside The Usa.

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The Luna Services, Including The Application(S), Are Commercial Computer Software, As Such Term Is Defined In 48 C.F.R. §2.101. Accordingly, If You Are An Agency Of The Usa Government Or Any Contractor Therefore, You Receive Only Those Rights With Respect To The Luna Services As Are Granted To All Other End Users Under License, In Accordance With (A) 48 C.F.R. §227.7201 Through 48 C.F.R. §227.7204, With Respect To The Department Of Defense And Their Contractors, Or (B) 48 C.F.R. §12.212, With Respect To All Other Usa Government Licensees And Their Contractors.

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11. Miscellaneous

This Eula, Our Privacy Policy, The Terms Of Service, Our Hipaa Privacy Notice And The Open Source Notice Constitute The Entire Agreement Between You And Us With Respect To The Luna Services And Supersede All Prior Or Contemporaneous Understandings And Agreements, Whether Written Or Oral, With Respect To The Luna Services.

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If Any Provision Of This Eula Is Found To Be Invalid, Illegal Or Unenforceable By Any Court, Such Finding Shall Not Affect The Validity Of The Remaining Provisions Of This Eula Which Shall Be Amended To Achieve As Closely As Possible The Effect Of The Original Term And All Other Provisions Of This Eula Will Continue In Full Force And Effect. No Waiver Shall Be Effective Against Us Unless We Make It In Writing, And No Such Waiver Shall Be Construed As A Waiver In Any Other Or Subsequent Instance. Headings Are For Convenience Only And Have No Legal Import. In The Event Of A Conflict Between This Eula And Any Applicable Purchase Or Other Terms, The Terms Of This Eula Shall Govern.

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This Eula Will Be Governed By And Construed In Accordance With The Internal Laws Of The State Of Delaware Applicable To Contracts Entered Into And Performed Exclusively In Delaware Without Giving Effect To Any Choice Or Conflict Of Law Provision Or Rule. Any Court Of Competent Jurisdiction Sitting Within New Castle County, Delaware Will Have Exclusive Jurisdiction And Venue For Any Dispute, Legal Suit, Action Or Proceeding Arising Out Of Or Relating To The Luna Services Or This Eula, And You Hereby Waive Any Argument Or Objection That Any Such Court Does Not Have Jurisdiction Over You Or Such Dispute Or That Venue Is Not Appropriate Or Convenient. Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating To This Eula Or The Services Must Be Commenced Within One (1) Year After The Cause Of Action Accrues Otherwise Such Cause Of Action Or Claim Is Permanently Barred.

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