Last updated June 22, 2022
We are Luno Digital ("Company," "we," "us," "our").
We operate the website https://lunodigital.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Luno Digital is a comprehensive reputation management platform designed to help businesses elevate their online presence and build trust with consumers. Our services include: Automated Review Requests We send professionally crafted text and email invitations prompting satisfied customers to share their experiences on Google social media and other leading review sites. Our system uses proven messaging scripts and a strategic cadence so you gather more authentic feedback with minimal effort. Reputation Monitoring and Insights We track reviews and brand mentions across multiple platforms providing you with real time dashboards and alerts. This gives you a clear consolidated view of your reputation helping you address potential issues before they escalate. Professional Review Responses Our team can respond to reviews on your behalf thanking positive reviewers and addressing concerns from negative ones. This prompt personalized engagement shows customers you value their feedback and care about their experience. Repurposing Reviews for Marketing We take your best reviews and transform them into shareable social media content highlight reels and dynamic website widgets. This social proof helps drive more leads by showcasing your high quality service where potential customers will see it. System Integrations Our platform easily connects with your CRM Google Business Profile and social media accounts allowing seamless automation and syncing of customer data. This way you can send review requests automatically and centrally manage incoming reviews without juggling multiple tools. At Luno Digital our goal is to simplify and streamline the entire review and reputation management process so you can focus on providing excellent customer experiences while we help you shine online.
You can contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you whether personally or on behalf of an entity ("you") and Luno Digital concerning your access to and use of the Services. You agree that by accessing the Services you have read understood and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right in our sole discretion to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
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Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services including all source code databases functionality software website designs audio video text photographs and graphics in the Services (collectively the "Content") as well as the trademarks service marks and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms including the "PROHIBITED ACTIVITIES" section below we grant you a non exclusive non transferable revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms no part of the Services and no Content or Marks may be copied reproduced aggregated republished uploaded posted publicly displayed encoded translated transmitted distributed sold licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
If you wish to make any use of the Services Content or Marks other than as set out in this section or elsewhere in our Legal Terms please address your request to [email protected]. If we ever grant you the permission to post reproduce or publicly display any part of our Services or Content you must identify us as the owners or licensors of the Services Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting reproducing or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services Content and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions By directly sending us any question comment suggestion idea feedback or other information about the Services ("Submissions") you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose commercial or otherwise without acknowledgment or compensation to you.
Contributions The Services may invite you to chat contribute to or participate in blogs message boards online forums and other functionality during which you may create submit post display transmit publish distribute or broadcast content and materials to us or through the Services including but not limited to text writings video audio photographs music graphics comments reviews rating suggestions personal information or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third party websites.
When you post Contributions you grant us a license including use of your name trademarks and logos By posting any Contributions you grant us an unrestricted unlimited irrevocable perpetual non exclusive transferable royalty free fully paid worldwide right and license to use copy reproduce distribute sell resell publish broadcast retitle store publicly perform publicly display reformat translate excerpt in whole or in part and exploit your Contributions including without limitation your image name and voice for any purpose commercial advertising or otherwise to prepare derivative works of or incorporate into other works your Contributions and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide.
You are responsible for what you post or upload By sending us Submissions and or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts you confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post send publish upload or transmit through the Services any Submission nor post any Contribution that is illegal harassing hateful harmful defamatory obscene bullying abusive discriminatory threatening to any person or group sexually explicit false inaccurate deceitful or misleading to the extent permissible by applicable law waive any and all moral rights to any such Submission and or Contribution warrant that any such Submission and or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and or Contributions and that you have full authority to grant us the above mentioned rights in relation to your Submissions and or Contributions and warrant and represent that your Submissions and or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section (b) any third party’s intellectual property rights or (c) applicable law.
We may remove or edit your Content Although we have no obligation to monitor any Contributions we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
By using the Services you represent and warrant that (1) all registration information you submit will be true accurate current and complete (2) you will maintain the accuracy of such information and promptly update such registration information as necessary (3) you have the legal capacity and you agree to comply with these Legal Terms (4) you are not a minor in the jurisdiction in which you reside (5) you will not access the Services through automated or non human means whether through a bot script or otherwise (6) you will not use the Services for any illegal or unauthorized purpose and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue inaccurate not current or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove reclaim or change a username you select if we determine in our sole discretion that such username is inappropriate obscene or otherwise objectionable.
We accept the following forms of payment
You agree to provide current complete and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information including email address payment method and payment card expiration date so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may in our sole discretion limit or cancel quantities purchased per person per household or per order. These restrictions may include orders placed by or under the same customer account the same payment method and or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by dealers resellers or distributors.
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services please email us at [email protected].
Fee Changes
We may from time to time make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services you agree not to
The Services may invite you to chat contribute to or participate in blogs message boards online forums and other functionality and may provide you with the opportunity to create submit post display transmit perform publish distribute or broadcast content and materials to us or on the Services including but not limited to text writings video audio photographs graphics comments suggestions or personal information or other material collectively "Contributions". Contributions may be viewable by other users of the Services and through third party websites. As such any Contributions you transmit may be treated as non confidential and non proprietary. When you create or make available any Contributions you thereby represent and warrant that
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in among other things termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts you automatically grant and you represent and warrant that you have the right to grant to us an unrestricted unlimited irrevocable perpetual non exclusive transferable royalty free fully paid worldwide right and license to host use copy reproduce disclose sell resell publish broadcast retitle archive store cache publicly perform publicly display reformat translate transmit excerpt in whole or in part and distribute such Contributions including without limitation your image and voice for any purpose commercial advertising or otherwise and to prepare derivative works of or incorporate into other works such Contributions and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form media or technology now known or hereafter developed and includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion (1) to edit redact or otherwise change any Contributions (2) to re categorize any Contributions to place them in more appropriate locations on the Services and (3) to pre screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Services you may link your account with online accounts you have with third party service providers each such account a "Third Party Account" by either (1) providing your Third Party Account login information through the Services or (2) allowing us to access your Third Party Account as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that you are entitled to disclose your Third Party Account login information to us and or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account. By granting us access to any Third Party Accounts you understand that (1) we may access make available and store if applicable any content that you have provided to and stored in your Third Party Account the "Social Network Content" so that it is available on and through the Services via your account including without limitation any friend lists and (2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose including but not limited to for accuracy legality or non infringement and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third Party Account by contacting us using the contact information below or through your account settings if applicable. We will attempt to delete any information stored on our servers that was obtained through such Third Party Account except the username and profile picture that become associated with your account.
The Services may contain or you may be sent via the Site links to other websites "Third Party Websites" as well as articles photographs text graphics pictures designs music sound video information applications software and other content or items belonging to or originating from third parties "Third Party Content". Such Third Party Websites and Third Party Content are not investigated monitored or checked for accuracy appropriateness or completeness by us and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on available through or installed from the Services including the content accuracy offensiveness opinions reliability privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Websites or to use or install any Third Party Content you do so at your own risk and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies including privacy and data gathering practices of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third Party Websites will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
We reserve the right but not the obligation to (1) monitor the Services for violations of these Legal Terms (2) take appropriate legal action against anyone who in our sole discretion violates the law or these Legal Terms including without limitation reporting such user to law enforcement authorities (3) in our sole discretion and without limitation refuse restrict access to limit the availability of or disable to the extent technologically feasible any of your Contributions or any portion thereof (4) in our sole discretion and without limitation notice or liability to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy https://lunodigital.com/privacy. By using the Services you agree to be bound by our Privacy Policy which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection use or disclosure that differ from applicable laws in the United States then through your continued use of the Services you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control please immediately notify us using the contact information provided below a "Notification". A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus if you are not sure that material located on or linked to by the Services infringes your copyright you should consider first contacting an attorney.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS WE RESERVE THE RIGHT TO IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICES INCLUDING BLOCKING CERTAIN IP ADDRESSES TO ANY PERSON FOR ANY REASON OR FOR NO REASON INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason you are prohibited from registering and creating a new account under your name a fake or borrowed name or the name of any third party even if you may be acting on behalf of the third party. In addition to terminating or suspending your account we reserve the right to take appropriate legal action including without limitation pursuing civil criminal and injunctive redress.
We reserve the right to change modify or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification price change suspension or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware software or other problems or need to perform maintenance related to the Services resulting in interruptions delays or errors. We reserve the right to change revise update suspend discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections updates or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us collectively the "Parties" and individually a "Party" shall be commenced or prosecuted in the state and federal courts located in Walton County Florida and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act UCITA are excluded from these Legal Terms. In no event shall any claim action or proceeding brought by either Party related in any way to the Services be commenced more than one 1 years after the cause of action arose.
There may be information on the Services that contains typographical errors inaccuracies or omissions including descriptions pricing availability and various other information. We reserve the right to correct any errors inaccuracies or omissions and to change or update the information on the Services at any time without prior notice.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES (5) ANY BUGS VIRUSES TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT INDIRECT CONSEQUENTIAL EXEMPLARY INCIDENTAL SPECIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFIT LOST REVENUE LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID IF ANY BY YOU TO US DURING THE one 1 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR 500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend indemnify and hold us harmless including our subsidiaries affiliates and all of our respective officers agents partners and employees from and against any loss damage liability claim or demand including reasonable attorneys’ fees and expenses made by any third party due to or arising out of (1) your Contributions (2) use of the Services (3) breach of these Legal Terms (4) any breach of your representations and warranties set forth in these Legal Terms (5) your violation of the rights of a third party including but not limited to intellectual property rights or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing we reserve the right at your expense to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim action or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services as well as data relating to your use of the Services. Although we perform regular routine backups of data you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements notices disclosures and other communications we provide to you electronically via email and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES CONTRACTS ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes regulations rules ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records or to payments or the granting of credits by any means other than electronic means.
Opting Out
If at any time you wish to stop receiving SMS messages from us simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications please email us at [email protected].
If any complaint with us is not satisfactorily resolved you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N 112 Sacramento California 95834 or by telephone at (800) 952 5210 or (916) 445 1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss damage delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful void or unenforceable that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture partnership employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Luno Digital also referred to as “Company” “we” or “us” The provider of the review request and reputation solicitation services described in this agreement. Client also referred to as “you” or “Customer” The business organization or individual that has contracted with Luno Digital to use the Services to request reviews from its own customers. The Client is typically a business seeking to improve or gather feedback on its services or products via customer reviews. End Customer or “Customer of Client” An individual or entity who is a customer patron or user of the Client’s products or services and whose contact information is provided to Luno Digital for the purpose of sending review requests. These are the end recipients of SMS email or other communications requesting a review on behalf of the Client. Services The review request services and related features provided by Luno Digital under these Terms. This includes the automated sending of review solicitation communications such as SMS text messages and emails to End Customers on the Client’s behalf integrations with third party platforms e.g. Google Business Profile social media CRM systems and any software websites or applications through which the service is delivered. Google Business Profile The Google service for managing online business listings and reviews previously known as Google My Business. Integration with Google Business Profile in the context of these Terms refers to connecting the Client’s Google listing to the Services so that End Customers can be directed to leave Google reviews for the Client. Default Messaging Preferences The predefined or Client selected settings within the Services that determine the content and timing cadence of review request messages. This may include standard message templates scripts provided by Luno Digital and schedule rules e.g. sending a follow up message after a certain number of days that are applied when contacting End Customers unless the Client customizes these settings. CRM Customer Relationship Management System A third party software system used by the Client to manage customer information which may be integrated with the Services. Integration with a CRM allows automatic retrieval or syncing of End Customer contact details and other relevant data to facilitate sending review requests. Applicable Laws All laws statutes regulations and rules applicable to the Client Luno Digital and the handling of End Customer data and communications under these Terms. This includes without limitation data protection and privacy laws and regulations such as the EU General Data Protection Regulation “GDPR” the California Consumer Privacy Act “CCPA” Canada’s Anti Spam Legislation “CASL” and laws relating to electronic communications and marketing such as the U.S. CAN SPAM Act and Telephone Consumer Protection Act “TCPA” and similar state provincial or federal laws.
Review Request Communications Luno Digital will on the Client’s behalf send out review request communications to the Client’s End Customers. These communications may be in the form of SMS text messages emails or other electronic messages and will typically invite or remind End Customers to leave a review for example a Google review about their experience with the Client’s business. The messages are sent in the name of or referencing the Client making clear to the End Customer that the request is coming from the Client with Luno Digital acting in the background as a service provider.
Integrations for Automation As part of the Services Luno Digital may integrate with various third party platforms and accounts to streamline and automate the review request process. This includes integration with the Client’s Google Business Profile to generate direct links for Google reviews social media or review site accounts to solicit reviews or post review content on those platforms if applicable and the Client’s CRM or other customer databases. Through these integrations the Service can automatically pull necessary customer contact information and trigger messages for example after a sale or service is completed as recorded in the CRM without manual intervention by the Client. The Client authorizes Luno Digital to connect to and use such integrated systems solely for the purpose of providing the Services.
Default Settings and Customization The Client will have the ability to configure certain default messaging preferences within the Service. By default and in the interest of efficiency Luno Digital provides pre approved message scripts templates and a recommended messaging cadence e.g. an initial review request followed by one or more reminder messages after set time intervals. These default settings will be used to send review requests to End Customers unless the Client chooses to modify or customize them. The Client can customize the content of the messages the number of follow ups the timing of messages and other preferences through the Service’s interface. If no customization is made the Client agrees that the standard scripts and schedule provided by Luno Digital are deemed approved by the Client for use.
Scope Limitations The Services are intended solely for the purpose of requesting customer reviews and related customer feedback. Luno Digital’s role is limited to facilitating the sending of these communications and providing the Client with tools to manage the process. The Service does extend to managing responses to reviews moderating content on third party review sites but does not guarantee that reviews will be positive or removed if negative. Luno Digital is not a reputation management or review moderation service under these Terms it focuses strictly on review solicitation and associated automation.
Obtain and Maintain Consent You must have explicit permission from each End Customer before Luno Digital sends them any SMS or email. Prior to uploading or providing any End Customer’s contact information to the Service you will have obtained all necessary and legally required consents to contact that End Customer via the intended communication method text message email etc. This means for example compliance with opt in requirements under the Telephone Consumer Protection Act TCPA for U.S. text messages and compliance with email consent requirements under laws like the CAN SPAM Act. You should only send review requests to individuals who have agreed to receive such communications from you. If an End Customer revokes consent or opts out of receiving communications you are responsible for updating your settings or notifying Luno Digital to cease messages to that End Customer.
Compliance with Data Privacy Laws You are responsible for adhering to all applicable data protection and privacy laws in relation to the End Customer data and communications. This includes without limitation ensuring compliance with regulations such as the EU General Data Protection Regulation GDPR if you handle data of EU residents even if the service is not yet actively offered in the EU the California Consumer Privacy Act CCPA for personal data of California residents Canada’s Anti Spam Legislation CASL for messages sent to Canadian recipients and any other international federal or state laws regarding personal data privacy or electronic communications. You as the data controller business must provide any required privacy notices to your End Customers and where required obtain explicit consent for the collection and use of their data including sharing it with service providers like Luno Digital for the purpose of sending review requests. If you expand or use the Services in new jurisdictions you must ensure you meet all local requirements such as consent and opt out rules in those areas.
Accurate Data and Lawful Use You are responsible for the accuracy quality and legality of the End Customer contact information and any other data you provide to Luno Digital. This means you will only upload or provide data that has been collected lawfully and is up to date. You must not use the Services to send messages to any phone number or email address that is on any do not contact list or to individuals who have not consented as doing so could violate spam or privacy laws. Furthermore you agree not to use the Services for any unlawful misleading or abusive purposes for example you will not include any fraudulent content in review requests and you will not attempt to use the Service to send non review related marketing without proper consent.
Maintain Integrations and Access If you choose to integrate third party accounts or systems with the Luno Digital Services such as linking a Google Business Profile Facebook page or connecting a CRM via API you are responsible for maintaining the continuity and validity of those integrations. This includes keeping login credentials API keys and tokens up to date and promptly reconnecting or updating them if they change or expire. For instance if your Google or social media password changes or if your CRM API token expires you must update the integration settings so that the Services can continue to function. Luno Digital is not responsible for any failure to send review requests or any other service downtime to the extent caused by disconnected or broken integrations due to the Client’s action or inaction.
Regulatory Compliance It is the Client’s duty to ensure that its use of the Services including the content and timing of messages sent to End Customers complies with all Applicable Laws defined above. While Luno Digital provides the tools and default templates the Client must ensure that the actual use of those tools meets legal standards for example including any required disclaimers or opt out instructions in messages if mandated by law. The Client is strongly encouraged to consult its own legal counsel to ensure that its use of the Services is compliant with laws relevant to its specific industry and jurisdiction. The Client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws and agrees to indemnify Luno Digital for any loss or damage resulting from such misuse or non compliance as detailed in the Indemnification section of these Terms.
Authorization to Send on Client’s Behalf By using the Services the Client acknowledges and authorizes Luno Digital to send SMS messages emails and other electronic communications to End Customers on the Client’s behalf. These messages will appear to come from the Client’s business using the sender identity information provided in the Service setup such as the business name or a designated phone number email address. The content of these messages is intended to request a review or feedback and may include the Client’s name contact info and a link or instructions for leaving a review for example a direct link to the Client’s Google review page.
Use of Default Scripts and Cadence By default Luno Digital utilizes pre approved message templates and a standard schedule for follow ups as part of the Services. The Client agrees that unless they take action to customize the messaging the Company may use these default scripts and timing on the Client’s behalf. These default messages have been crafted to be professional and effective for general use for example a polite review request shortly after a customer interaction and perhaps a gentle reminder a few days later if no review has been received. The Client has had the opportunity to review these templates during onboarding or in their account settings. By not modifying them the Client is effectively giving blanket approval for their use.
Client Customization and Control The Service provides tools for the Client to edit or override the default message content and schedule. The Client can customize the text of review requests add their branding or personal tone change how many follow up reminders are sent adjust the intervals between messages and set overall preferences for instance choosing to send only emails and not SMS or vice versa. If the Client chooses to make such customizations Luno Digital will send the messages according to the Client’s specified content and timing. The Client bears full responsibility for any custom message content or schedule they create and should ensure that any modifications still comply with applicable laws and are appropriate for their customer base.
Content Responsibility and Disclaimer The Client understands that Luno Digital is a neutral transmitter of content the platform facilitates sending the Client’s message to End Customers. Whether using default scripts or customized text the Client is responsible for the content of all review request messages sent through the Service. Luno Digital does not independently verify or censor the message content aside from perhaps basic checks for prohibited content and therefore is not liable for any issues arising from the messages. This includes but is not limited to any claims that the messages were misleading unsolicited harassing or otherwise in violation of a recipient’s rights or any law. The Client should carefully review all default and customized messages to ensure they are accurate appropriate and lawful.
Frequency and Cadence of Messages By default the Service’s messaging cadence number of messages and timing has been configured in a way that aims to be effective yet not overly intrusive for example one initial request and one reminder. The Client can configure this as per their needs. The Client acknowledges that they are responsible for the frequency of messages sent to their End Customers. If an End Customer perceives the frequency of reminders as excessive or spammy or if it violates any communication law such as limits on SMS under certain regulations the responsibility lies with the Client to adjust their settings. Luno Digital will not be held liable for any complaint or issue arising from the chosen frequency of messages.
Opt Out Handling Luno Digital’s platform will make reasonable efforts to honor standard opt out requests from End Customers. For example if an End Customer replies “STOP” to an SMS the system may automatically flag that number to prevent further texts and similarly unsubscribe links in emails will prevent further emails. However ultimate compliance with opt out requests is the Client’s responsibility. The Client should regularly monitor any notifications of opt outs and ensure such contacts are not inadvertently re uploaded or contacted through other means in violation of their request.
No Liability for Message Outcomes Luno Digital does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for any outcomes of the messages beyond sending them as instructed for instance if an End Customer reacts negatively to a review request or if sending a request inadvertently reminds a customer of a negative experience resulting in a bad review the Client understands this risk is inherent in soliciting feedback. The Client agrees that it will not hold Luno Digital responsible for any damage to its reputation or customer relations arising from the act of sending review requests.
Data Processing Role In providing the Services Luno Digital acts as a data processor or service provider on behalf of the Client. The Client is the data controller or business as termed under certain laws like CCPA meaning the Client determines the purposes and means of processing the personal data of End Customers. All End Customer data provided by the Client to Luno Digital remains under the Client’s ownership and control. Luno Digital will process this data only as necessary to provide the Services and in accordance with the Client’s instructions and these Terms.
Purpose of Data Use The Client’s data including End Customer contact information such as names phone numbers email addresses and any other information provided for the purpose of the Services will be used solely for sending review requests and related communications and for operating and improving the Service. Luno Digital will not use End Customer personal data for any other purpose such as marketing other products to End Customers or selling the data without the Client’s explicit instruction and consent and in compliance with applicable law. Aggregated or anonymized data data that does not identify individuals may be used by the Company for analytics or improvement of service but not in a way that reveals any personal information.
Data Security Luno Digital is committed to protecting the security of Client and End Customer data. The Company will implement and maintain reasonable and appropriate technical and organizational measures to safeguard personal data against unauthorized access disclosure or misuse. This may include measures such as encryption of data in transit secure hosting environments access controls and regular security audits. However the Client understands that no method of data transmission or storage is 100% secure and therefore Luno Digital cannot warrant absolute security. In the event of a data breach affecting End Customer personal data Luno Digital will notify the Client as required by law and cooperate with the Client’s reasonable remediation efforts.
Data Privacy Compliance As the data controller the Client is responsible for ensuring that the collection and sharing of End Customer data with Luno Digital is done in compliance with all applicable privacy laws. This means the Client should have a valid legal basis e.g. consent or legitimate interest as appropriate for processing and sharing personal data with the Service. The Client should also provide any required privacy notices to individuals for example informing them that their data may be used to send them communications requesting a review. If a data subject End Customer exercises any of their rights under privacy laws such as a request to access or delete their data the Client is responsible for fulfilling those rights. Luno Digital will reasonably assist the Client as needed and as required by law in honoring such requests for example by deleting or returning data upon instruction.
Data Storage and Retention End Customer personal data provided to Luno Digital will be stored on secure servers. The data will be retained for as long as necessary to fulfill the review request services or as instructed by the Client and in accordance with Luno Digital’s data retention policies. If the Client terminates the Service or upon the Client’s request Luno Digital will delete or return the End Customer personal data in its possession except where retention is required by law or for legitimate business purposes such as retaining proof of consent or communication logs for compliance reasons.
International Data Transfer The Client acknowledges that depending on the location of the Client and the Company’s infrastructure End Customer data might be processed or stored in a country different from where it was collected. Luno Digital will only transfer data across borders in compliance with applicable data protection laws and will implement appropriate safeguards for international transfers as required such as Standard Contractual Clauses for data transferred from the European Economic Area if relevant in the future.
Indemnity for Data Violations The Client agrees to indemnify and hold Luno Digital harmless for any claims damages fines or penalties arising out of the Client’s failure to comply with data privacy laws or regulations in connection with the Services. This includes any claims that the Company’s handling of data as directed by the Client violated a law because the Client failed to obtain proper consent provide required notice or otherwise meet its legal obligations.
Data Processing Agreement The parties agree that if required under certain laws like GDPR these Terms along with the Privacy Policy and any applicable addendums will serve as a Data Processing Agreement governing Luno Digital’s processing of personal data on behalf of the Client. The Client’s act of agreeing to these Terms is deemed to also constitute signing of such a Data Processing Agreement which includes the obligations and assurances described in this Section and elsewhere in these Terms.
No Guarantee of Reviews or Outcomes The Client acknowledges that Luno Digital does not and cannot guarantee any specific results from the Services. By using the platform to request reviews you may increase the likelihood of receiving feedback from your customers but Luno Digital makes no promise regarding the number of reviews that will be obtained the content or ratings of those reviews or any improvement in your online reputation or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide. Any examples of results or success stories are illustrative only and not guarantees of future performance.
Not a Reputation Management Service The scope of Luno Digital’s Services is limited to sending out review solicitations and related communications as described. The Service does not include monitoring of third party review platforms responding to customer reviews on behalf of the Client replying to feedback or engaging in any form of reputation management or content moderation. It is the Client’s responsibility to monitor their own reviews on Google or other platforms and to respond to or address any issues raised in those reviews.
No Endorsement or Filtering Luno Digital does not filter which customers should receive review requests based on their likely sentiment. For instance we do not practice “review gating” i.e. we do not only send review invitations to happy customers and exclude unhappy ones unless specifically directed by the Client in violation of platform rules which we advise against. All End Customers provided by the Client are generally treated equally in the solicitation process. The Company provides the tool to ask for reviews but it does not guarantee those reviews will be positive. The Client should be prepared to receive honest feedback which could be positive or negative as a result of sending out review requests.
Service Availability While Luno Digital aims to provide a reliable and accessible service we do not guarantee uninterrupted or error free operation of the Services at all times. There may be occasional maintenance downtime technical issues or outages affecting the ability to send messages or access the platform. Additionally the Service’s performance can be influenced by third party systems and networks for example SMS delivery depends on telecommunications carriers email delivery depends on internet service and email providers integration with Google depends on Google’s APIs being available. Luno Digital will make commercially reasonable efforts to ensure high availability and to resolve any outages or issues promptly but the Client understands that some interruptions may occur and agrees that such interruptions when reasonable in duration will not constitute a breach of these Terms.
Third Party Fees and Changes The Client is responsible for any third party fees that might be incurred through use of the Service for example your mobile carrier’s fees for sending receiving SMS data charges or any fees imposed by integrated third party services if they have usage costs. Luno Digital is not liable for those external costs. Furthermore if a third party platform like Google Facebook or a CRM provider changes its policies APIs pricing or availability in a way that affects the Service Luno Digital is not responsible for any resulting limitations.
“As Is” Service and Disclaimer of Warranties Luno Digital provides the Services on an “as is” and “as available” basis. To the fullest extent permitted by law the Company disclaims all warranties express or implied regarding the Services. This includes any implied warranties of merchantability fitness for a particular purpose title non infringement or any warranty that the Services will meet the Client’s requirements or expectations. The Company does not warrant that the Services will be completely error free or that any defects will be corrected immediately. The Client assumes all risk as to the results and performance of the Services. No advice or information whether oral or written obtained from Luno Digital or through the Services shall create any warranty not expressly stated in these Terms.
Termination by Client Cancellation The Client may terminate their subscription or stop using the Services at any time. This can typically be done by using the account settings on the Luno Digital platform to cancel the subscription or by providing written notice to Luno Digital such as an email to customer support expressing the desire to terminate. Unless otherwise specified termination by the Client will be effective at the end of the current billing period for which payment has been made. It is the Client’s responsibility to back up or export any data they wish to retain prior to termination.
Termination or Suspension by Luno Digital Luno Digital reserves the right to suspend or terminate the Client’s access to the Services in whole or in part under the following circumstances If the Client breaches any material term of these Terms including non payment of fees violating messaging rules or misuse of the Service and does not cure that breach within a reasonable time after notice if a cure is possible. If the Client is using the Service in a manner that violates any law or regulation or that materially infringes upon the rights of others for example sending messages without consent or using the Service to harass individuals. If the Client’s use of the Service poses a security risk to the platform or any third party or if it could subject Luno Digital or any third party to liability e.g. a malware or hacking attempt originating from the Client’s account. If the Client is abusing the platform for instance by attempting to send an unreasonable volume of messages far beyond normal business practice or by attempting to probe or disrupt Luno Digital’s systems. If required by law or at the request of government authorities for example if a court order or regulatory action requires shutting down the Client’s activity. In most cases Luno Digital will attempt to provide notice to the Client of any suspension or termination stating the reason and effective date. However in urgent cases such as flagrantly illegal activity or security threats the Company may suspend access immediately without prior notice.
Effect of Termination Upon termination of the Services whether by Client or by Company the Client’s right to access or use the Services will cease. Luno Digital will stop any further scheduled or automated communications to End Customers on the Client’s behalf. The Client should promptly download or export any of their data from the platform they might need such as lists of customers or records of sent messages as Luno Digital may delete or disable access to Client data shortly after termination. However Luno Digital may retain certain information associated with the Client’s account for a period of time as part of its internal records backups or to comply with legal obligations for example retention required for financial records dispute resolution or as part of aggregated analytics data all in compliance with privacy laws. Any personal data of End Customers will be handled in accordance with Section 5 Data Use and Storage regarding deletion upon termination subject to legal retention requirements.
No Refunds on Termination for Cause If the Client’s account is terminated by Luno Digital due to a violation of these Terms or unlawful conduct the Client will not be entitled to any refund of fees paid for the remaining period of any subscription or prepaid service.
Reactivation If a Client’s account was suspended but not fully terminated for reasons such as non payment or a remediable breach the Client may contact Luno Digital to discuss reactivation once the issue is resolved. Reactivation may be subject to a reactivation fee at Luno Digital’s discretion and the Client may be required to agree to updated Terms if the Terms have changed during the suspension period. Luno Digital is under no obligation to reactivate an account if it deems that doing so could result in further violations or risks.
Termination for Convenience by Company Luno Digital reserves the right to terminate the agreement and cease providing Services to the Client for convenience. In such cases the Company will provide at least 30 days’ advance notice to the Client and will refund any prepaid fees covering the period after the termination effective date. This kind of termination is not due to any fault of the Client and the refund will be the sole remedy to which the Client is entitled in that event.
Survival of Terms The provisions of these Terms that by their nature should survive termination such as indemnification liability limitations governing law dispute resolution and any accrued payment obligations will continue in effect after the termination or expiration of the Services.
You represent and warrant that you will only upload import or otherwise provide to Luno Digital or grant Luno Digital access to contact information of individuals who have given their explicit prior consent to receive communications through the Luno Digital service. Such communications may include without limitation SMS text messages MMS messages emails in app messages or other forms of electronic communication. You are solely responsible for ensuring that all individuals on any contact or customer list you provide have validly consented and have not withdrawn consent or opted out of receiving such communications.
You agree to defend indemnify and hold harmless Luno Digital its affiliates and each of their respective officers directors employees and agents the “Indemnified Parties” to the fullest extent permitted by law from and against any and all claims actions liabilities losses damages judgments fines penalties costs and expenses including reasonable attorneys’ fees arising out of or related to any breach of the foregoing obligations or other improper use of the service by you or by any third party using your account or acting on your behalf including your employees contractors clients or customers. This indemnification includes but is not limited to any claims or proceedings arising from Lack of Consent Uploading importing or providing access to any contact or personal data without first obtaining all necessary explicit consents from those individuals to receive marketing or other electronic communications. Unauthorized Data Sharing Emailing transmitting or otherwise disclosing any contact information to Luno Digital including via CRM integrations or data imports that includes individuals who have not provided the required consent. Opt Out Violations Initiating or sending any SMS MMS email in app message or other electronic message via the Luno Digital platform to an individual who has opted out of withdrawn consent for or otherwise stated refusal to receive such communications. Legal Compliance Breaches Any allegation that communications sent via the service by you or at your direction violate applicable laws or regulations including without limitation the U.S. Telephone Consumer Protection Act TCPA the CAN SPAM Act or any similar federal state or international laws governing privacy data protection or electronic communications. This indemnity extends to acts or omissions of your customers or clients to the extent such acts or omissions if committed by you would constitute a breach of your obligations hereunder. The indemnification obligations hereunder are intended to apply regardless of the theory of liability or cause of action alleged and shall survive any termination or expiration of this Agreement.
Modifications to Terms Luno Digital reserves the right to modify or update these Terms at any time. If a change is made we will provide you with reasonable notice of the modifications either by emailing the last email address associated with your account by posting a notice within the Service or by other reliable means. It is your responsibility to review any updated Terms. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to a change in the Terms you must stop using the Services and if applicable cancel your subscription.
Entire Agreement These Terms including any Order Form or service agreement and any documents incorporated by reference such as a Privacy Policy or Data Processing Addendum constitute the entire agreement between the Client and Luno Digital regarding the Services. They supersede all prior and contemporaneous understandings or agreements whether written or oral relating to the subject matter herein. In entering into this agreement neither party has relied on any statement representation warranty or agreement of the other party except for those expressly contained in these Terms.
Severability If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid illegal or unenforceable that provision shall be deemed modified to the minimum extent necessary to make it enforceable if possible or if modification is not possible it shall be severed from these Terms. All other provisions of these Terms will remain in full force and effect.
No Waiver No failure or delay by either party in exercising any right power or remedy under these Terms shall operate as a waiver of that right power or remedy nor shall any single or partial exercise of any right power or remedy preclude the exercise of any other right power or remedy. To be effective any waiver of rights by Luno Digital must be in writing and signed by an authorized representative of Luno Digital.
Assignment The Client may not assign or transfer any of its rights or obligations under these Terms to any third party without the prior written consent of Luno Digital. Any attempted assignment in violation of this provision is null and void. Luno Digital may assign or transfer its rights and obligations under these Terms freely to an affiliate or in the event of a merger acquisition reorganization or sale of all or substantially all of its assets relating to the Services. These Terms will bind and inure to the benefit of the parties their successors and permitted assigns.
Relationship of Parties The relationship between Luno Digital and the Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership joint venture franchise or agency relationship between the Client and Luno Digital. Neither party has the authority to bind or incur obligations on behalf of the other without express prior written consent. The Client is solely responsible for its own business operations employees and customers and not for those of Luno Digital and vice versa.
Force Majeure Luno Digital shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control “Force Majeure”. Force Majeure events include but are not limited to natural disasters e.g. floods earthquakes acts of government or regulatory authorities war terrorism civil unrest strikes or labor disputes Internet or telecommunications outages power failures fire epidemics or pandemics and other events of similar nature. In the event of a Force Majeure event Luno Digital will make reasonable efforts to resume the Services as soon as practicable. This provision does not excuse the Client’s obligation to pay for Services already provided.
Notices Any notices or communications required or permitted under these Terms to you will be given to the contact information we have on file such as the email associated with your account. Notices to Luno Digital should be sent to our official business email address. Notices will be deemed given (a) when delivered personally (b) when sent by confirmed email (c) one business day after being sent by reputable overnight courier or (d) three business days after being sent by postal mail airmail if international.
Headings and Interpretation The section headings used in these Terms are for convenience and reference only and shall not affect the meaning or interpretation of any provision of these Terms. Words in the singular include the plural and vice versa. The words “including” or “includes” mean “including without limitation.”
Contact Information If you have any questions or concerns about these Terms or the Services you may contact Luno Digital at [email protected].
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services please contact us at [email protected].