Stellar

Terms and Conditions

Last updated September 19, 2024

Agreement to Our Legal Terms

Our Relationship with You

By using our Services, you're entering into an agreement with us. We've outlined the terms of this agreement in our Legal Terms, which are designed to protect both you and us. We encourage you to read these terms carefully, as they govern your use of our Services.

We value clear communication and are always here to assist you. If you have any questions or concerns, please don't hesitate to reach out to us at contact@lunarlinkai.com.

Keeping You Informed

To ensure you always have the most up-to-date information, we may occasionally update our Legal Terms. We'll make sure to notify you of any significant changes by updating the 'Last update' date. We recommend checking these terms periodically to stay informed about any updates.

Your continued use of our Services after any changes indicates your acceptance of the revised terms. This helps us maintain a fair and transparent relationship with all our users.

Additional Information

From time to time, we may provide supplemental terms or documents related to specific services. These will be clearly posted and are considered part of our agreement with you.

We're committed to providing you with the best possible experience and look forward to a long and mutually beneficial relationship. Thank you for choosing LunarLink AI!

Our Services

We strive to provide our Services in compliance with all applicable laws and regulations. Please note that the information available through our Services is intended for use in jurisdictions where such use is legally permissible. We kindly ask that users access our Services only in locations where doing so does not conflict with local laws or regulations.

If you choose to use our Services from a location outside our intended service area, we respectfully remind you that it is your responsibility to ensure compliance with any applicable local laws. We appreciate your understanding that we cannot be held responsible for any legal obligations or registration requirements that may arise from accessing our Services in jurisdictions beyond our intended scope.

Our goal is to provide a valuable service while maintaining the highest standards of legal and ethical compliance. We thank you for your cooperation in using our Services responsibly and in accordance with all relevant laws and regulations.

Registration and Access

Minimum Age

The Services are intended for users who are at least 18 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services.

Registration

You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Legal Terms.
  • You are not a minor in the jurisdiction in which you reside, or if you are under 18, you have your parent or legal guardian’s permission to use the Services.
  • You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Services for any illegal or unauthorised purpose.
  • 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).

Intellectual Property Rights

Our Intellectual Property

We proudly own or are licensed for all intellectual property rights associated with our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as 'Content') along with the trademarks, service marks, and logos (collectively 'Marks').

Our Content and Marks are protected under copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws, both in the United States and globally.

Please note that our Content and Marks are provided 'AS IS' for your personal, non-commercial use.

Your Use of Our Services

In accordance with these Legal Terms, and provided you comply with the 'Prohibited Activities' section below, we are pleased to grant you a non-exclusive, non-transferable, revocable licence to:

  • Access the Services
  • Download or print a copy of any portion of the Content to which you have properly gained access

This is solely for your personal, non-commercial use.

Please be aware that, unless stated otherwise in this section or within our Legal Terms, you are not permitted to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, or exploit any part of the Services, Content, or Marks for commercial purposes without our express prior written permission.

If you would like to use the Services, Content, or Marks beyond what is detailed in this section or our Legal Terms, kindly address your request to:contact@lunarlinkai.com. Should we grant permission to post, reproduce, or publicly display any part of our Services or Content, please ensure to credit us as the owners or licensors. Moreover, ensure that any copyright or proprietary notice is apparent on any posting, reproducing, or displaying of our Content.

We reserve all rights that are not expressly granted to you in these terms concerning the Services, Content, and Marks.

Please understand that any breach of these Intellectual Property Rights will be considered a significant violation of our Legal Terms and may result in the immediate termination of your access to our Services.

Your Submissions

We kindly ask that you carefully review this section and the Prohibited Activities section before using our Services. This will help you understand the rights you grant us and the responsibilities you hold when submitting content through our Services.

When you send us any questions, comments, suggestions, ideas, feedback, or other information regarding our Services ("Submissions"), you agree to transfer to us all intellectual property rights associated with these Submissions. This allows us to use and distribute your Submissions freely for any lawful purpose, whether commercial or otherwise, without the need to acknowledge or compensate you.

Your Responsibilities When Posting or Uploading

By providing us with Submissions through any part of our Services, you agree to the following:

  • You confirm that you have read and agree to our Prohibited Activities and assure that your Submissions will not contain illegal, harassing, hateful, defamatory, obscene, bullying, abusive, discriminatory, or threatening content. This also includes content that is sexually explicit, false, inaccurate, deceitful, or misleading.
  • To the maximum extent allowed by law, you waive any and all moral rights to your Submissions.
  • You guarantee that your Submissions are your original work and that you hold the necessary rights and licences to submit them. Additionally, you affirm that you have the authority to grant the rights referenced in this section.
  • You represent and warrant that your Submissions do not contain confidential information.
  • You are solely responsible for your Submissions. You also agree to compensate us for any and all losses we may incur as a result of your breach of this section, any third party’s intellectual property rights, or any applicable law.

Purchases and Payment

Our payment system is powered by Stripe which offers a variety of secure payment options for your convenience:

  • Visa
  • Mastercard
  • American Express
  • Discover

To ensure a smooth and efficient transaction process, we kindly request that you provide current, complete, and accurate purchase and account information for all transactions conducted through our Services. This includes maintaining the accuracy of your email address, payment method, and payment card expiration date to facilitate prompt processing. Please note that applicable sales tax will be added to purchase prices in accordance with local regulations. All payments will be processed in US dollars.

You agree to be responsible for any charges at the prevailing rates for your purchases. Upon placing your order, you authorise us to charge your chosen payment provider for the amounts due. We reserve the right to correct any pricing errors or mistakes, even after a payment has been requested or received.

We value all our customers and, where necessary, reserve the right to refuse, limit, or cancel any orders at our absolute discretion. This may include restrictions on quantities per person, household, or order. Such restrictions may apply to orders placed using the same account, payment method, or shipping address. We particularly reserve the right to limit or prohibit orders that, in our sole judgement, seem to be placed by dealers, resellers, or distributors.

Top Up

Account Balance Management and Automatic Replenishment

In most instances, our system automatically re-tops up your account when your credit balance is low. However, you have the flexibility to disable this feature in your user settings if you prefer not to use the auto-top up function.

Cancellation

Please note that all account balance additions are final and non-refundable. Once funds have been added to your account, we are unable to process refunds for unused balances.

Fee Adjustments

Our service operates on a Pay-As-You-Go model, and the cost per token is determined by the current market rate. Consequently, we may periodically adjust our token fees to reflect these changes.

Prohibited Activities

As a valued user of our Services, we kindly request that you refrain from the following activities:

  • Extracting data systematically from our Services without prior written consent.
  • Engaging in any form of deception or fraudulent behaviour, particularly regarding sensitive account information.
  • Interfering with or circumventing our security measures and features.
  • Actions that may negatively impact our reputation or that of our Services.
  • Utilising information obtained through our Services to harass or harm others.
  • Misusing our support services or submitting false reports.
  • Using the Services in a manner that violates applicable laws or regulations.
  • Unauthorised framing of or linking to our Services.
  • Uploading or transmitting malicious software or engaging in activities that disrupt the Services.
  • Employing automated systems to interact with the Services without authorization.
  • Removing copyright notices or other proprietary rights information.
  • Impersonating other users or individuals.
  • Using mechanisms for passive information collection without consent.
  • Creating an undue burden on our Services or connected networks.
  • Harassing, intimidating, or threatening our employees or agents.
  • Attempting to bypass access restrictions on the Services.
  • Copying or adapting the Services’ software without permission.
  • Reverse engineering the Services’ software, except as permitted by law.
  • Using purchasing agents for transactions on the Services.
  • Collecting user information for unsolicited communications or creating accounts through automated means.
  • Using the Services for competitive or unauthorised commercial purposes.

We appreciate your cooperation in maintaining a safe and respectful environment for all users.

Contribution Licence

We value your contributions and are committed to handling your information with care and respect, in accordance with our Privacy Policy. By engaging with our Services, you consent to our access, storage, processing, and use of any information and personal data you provide.

When you submit suggestions or feedback related to our Services, you grant us the permission to utilise and share this feedback for any purpose, without any obligation of compensation to you.

We respect your ownership rights and do not claim any proprietary rights over your Contributions. You retain full ownership of all your Contributions, including any intellectual property and other proprietary rights associated with them.

While we provide a platform for your Contributions, we are not liable for any statements or representations made by you in any area within our Services. You bear full responsibility for your Contributions and agree to release us from any and all liabilities. Furthermore, you agree to refrain from initiating any legal actions against us concerning your Contributions. Your collaboration and trust are invaluable to us, and we strive to uphold a professional and respectful environment for all users.

Services Management

The Company reserves the right, without obligation, to:

  • (a) Monitor the Services for violations of these Terms of Service;
  • (b) Take appropriate legal action against any user who, in our sole discretion, violates applicable laws or these Terms, including but not limited to reporting such violations to law enforcement authorities;
  • (c) At our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user's contributions or any portion thereof;
  • (d) At our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way detrimental to our systems;
  • (e) Manage the Services in a manner designed to protect the rights and property of the Company and to facilitate the proper functioning of the Service

Privacy Policy

The Company is committed to protecting user privacy and data security. Users are required to review ourPrivacy Policy. By using the Services, users agree to be bound by our Privacy Policy, which is incorporated by reference into these Terms of Service. Users are hereby notified that the Services are hosted in Australia. Users accessing the Services from any other jurisdiction with laws governing personal data collection, use, or disclosure that differ from Australian law are advised that through continued use of the Services, they are transferring their data to Australia and expressly consent to have their data transferred to and processed in Australia.

Term and Termination

These Terms of Service shall remain in full force and effect for the duration of the user's use of the Services. The Company reserves the right, in its sole discretion and without notice or liability, to 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 Terms or of any applicable law or regulation. The Company may terminate a user's access to the Services or delete a user's account and any associated content or information at any time, without warning, in its sole discretion.

In the event of account termination or suspension for any reason, the user is prohibited from registering and creating a new account under their own name, a fictitious name, or the name of any third party, even if the user may be acting on behalf of said third party. In addition to terminating or suspending an account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at our discretion, at any time, for any reason, and without notice. We are not obligated to update any information on our Services and are not liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Services.

We do not guarantee that the Services will be available at all times. There may be occasions when hardware, software, or other issues require maintenance, 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. You agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to use the Services during any downtime or discontinuation of the Services. Nothing in these Legal Terms obligates us to maintain or support the Services, or provide any corrections, updates, or releases in connection therewith.

Governing Law

These Legal Terms are governed by and interpreted in accordance with the laws of Australia. You and LunarLink irrevocably consent to the exclusive jurisdiction of the courts of Australia to resolve any disputes arising out of or related to these Legal Terms.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Sydney, Australia. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

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.

Disclaimer

The services are provided on an "as-is" and "as-available" basis. By using our services, you acknowledge that you are using them at your own risk. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content provided through our services or any linked websites or mobile applications. We assume no liability or responsibility for: (1) Errors, mistakes, or inaccuracies in content and materials; (2) Any interruption or cessation of transmission to or from the services; (3) Bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the services by any third party; (4) Errors or omissions in any content and materials or any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the services.Personal injury or property damage resulting from your access to and use of the services; (5) Unauthorised access to or use of our secure servers and any personal or financial information stored therein;

Limitations of Liability

In no event shall we, 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 but not limited to 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 $0.00 USD. Certain state 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.

By using our services, you agree to these terms and conditions. If you do not agree, you should not use our services. Use your best judgement and exercise caution where appropriate.

Indemnification

You agree to defend, indemnify, and hold us and our affiliates, subsidiaries, officers, agents, and employees harmless from any loss, damages, liability, claims, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the services.
  • Your breach of these legal terms.
  • Your breach of representations and warranties established herein.
  • Your violation of third-party rights, including but not limited to intellectual property rights.
  • Any harmful acts towards other users facilitated by the services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense efforts.

User Data

We will manage specific data you transmit to our services to ensure service integrity. Although we perform routine data backups, you are solely responsible for the data you share. We do not hold liability for any data loss or corruption. By using our services, you waive any claims against us for such incidents. We are also not liable for data getting hacked.

Electronic Communications, Transactions, And Signatures

By using our services, including website visits, emails, and online forms, you consent to receive electronic communications from us. This includes all agreements, notices, disclosures, and other communications provided electronically. You agree that these electronic communications, including electronic signatures, hold the same legal weight as written documents. You consent to receive notices and records electronically instead of physical copies.

Miscellaneous

These Legal Terms, along with any policies or operating rules posted by us on the Services or related 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 does 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 will 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 is deemed severable and does not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is 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 defences 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.