Effective Date: 9/14/2026
These Terms of Service (the “Terms”) govern your access to and use of our website located at https://www.lunaroute.com (the “Website”), as well as the use of the services and content made available through the Website and the App (together with the Website, the “Services”). These Terms are a legal binding agreement between all visitors, users, and others who access or use the Services (each, a “user”) and LunaRoute, Inc. (collectively “LunaRoute,” “we,” “our,” or “us”). If you are entering into these Terms on behalf of a company, organization, or similar entity, you are agreeing to the Terms for that entity and representing to us that you have the authority to bind such entity to the Terms. For purposes of these Terms, “you” or “your” means the individual accessing or using the Services or, if the Services are accessed or used on behalf of a business or other organization, that business or organization.
By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER & JURY TRIAL WAIVER”, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE SECTIONS TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.
Except for Section 14 which provides for binding arbitration and waiver of class action rights, we reserve the right to revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.
1. DEFINITIONS.
a. “AI Tool” means a third-party artificial intelligence application, coding assistant, agent, interface, or other tool that you configure to access or interoperate with the Services.
b. “Background Lane” means one concurrent inference request that may be actively processed using LunaRoute’s background scheduling priority.
c. “Input” means any prompt, instruction, data, text, code, image, file, content, materials, or other information transmitted to or through the Services for processing by a Model, including information transmitted by an AI Tool or other application that you connect to the Services.
d. “Lane” means the capacity for one inference request to be actively processed at normal scheduling priority at a time. A Lane is a logical scheduling and concurrency entitlement and does not represent dedicated hardware or computing resources.
e. “Model” means a third-party large language model or other artificial intelligence model made accessible through the Services.
f. “Model Provider” means the third-party provider that develops, provides or operates a Model.
g. “Output” means content or other results generated by a Model in response to Input and transmitted through the Services.
h. “Queue Limit” means the maximum number of requests that your account may have waiting to begin or resume active inference processing at any given time, as determined by your applicable Subscription Plan.
i. “Request” means an inference request transmitted through the Services to process an Input using a Model.
j. “Services” means LunaRoute’s hosted, API-compatible inference routing platform and related services, features, and functionality, APIs, software and infrastructure made available by LunaRoute subject to these Terms.
k. “Subscription Plan” means the subscription tier you select for the Services, including its applicable fees, number of Lanes and Background Lanes, Queue Limit, and other features or usage limits.
l. “Subscription Term” means the period beginning on the date you enroll in a Subscription Plan and continuing through each applicable recurring billing period until your subscription is cancelled or otherwise terminated in accordance with these Terms.
2. ELIGIBILITY & USER ACCOUNT.
a. Use and Eligibility. By accessing or using the Services, you accept and agree to be bound and abide by these Terms and acknowledge the applicability of our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Services.
You may only use the Services if you can form a binding contract with LunaRoute (either on behalf of yourself or the entity you represent), and only in compliance with the Terms and all applicable laws, rules and regulations. By accessing or using the Services, including by registering a User Account (defined below), you represent and warrant that (A) you are at least 18 years of age, or the age of majority in your applicable jurisdiction, (B) you will use the Services in accordance with these Terms, and all applicable local, state, national and international laws, rules and regulations, and (C) if registering on behalf of a company, organization or other entity, you are an authorized representative of the entity and have the authority to bind such entity to these Terms. Use of the Services by individuals under the age of 18 is strictly prohibited. The Services are not available to any users previously removed from the Services by LunaRoute.
b. User Account and Registration. In order to use certain parts of the Services, you may be required to register for an account (“User Account”) on behalf of yourself and/or on behalf of any entity or individual for which you are registering. You are responsible for ensuring that all required registration information you submit is truthful and accurate, and that your contact information is current. You are solely responsible for maintaining the confidentiality and security of your User Account login information. You agree not to share your login credentials or access to your User Account with anybody or to create more than one account. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your User Account. You agree to notify us immediately of any unauthorized use of your User Account.
We reserve the right to close, suspend or limit access to your User Account and/or the Services in the event that, in our sole discretion: (i) we are unable to obtain or verify your identity or eligibility; (ii) the security of your User Account has been compromised; or (iii) your User Account has been, or is reasonably suspected to have been, used in a nefarious manner.
3. ACCESS TO AND USE OF THE SERVICES.
a. License to Use the Services. Subject to the terms and conditions of these Terms, LunaRoute grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Subscription Term to access and use the Services, including LunaRoute’s APIs and related Documentation, for your personal or, if you are using the Services on behalf of a business or other organization, for such organization’s internal business purposes, including in connection with applications, products, or services you develop or operate.
b. API Keys. In order to use the Services, you may be required to generate an API key and configure an AI Tool or other compatible application to communicate with the Services. You are responsible for maintaining the confidentiality and security of your API keys and for all activity conducted using them. You must promptly notify LunaRoute if you become aware of any unauthorized access to or use of your API keys.
c. Routing. The Services allow you to select Models or inference endpoints and configure how requests are routed among available options. Depending on the features and configurations you select, routing may be based on preferences or parameters selected by you or may be performed automatically by the Services in accordance with those preferences or parameters. You are responsible for selecting and configuring the routing options appropriate for your use.
d. Use and Restrictions on Use. You are responsible for your use of the Services, including your configuration and use of any AI Tool or other application in connection with the Services. You must use the Services in accordance with these Terms and all applicable laws. You shall not, and shall not encourage, assist or enable any other person to: (i) copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Services or any software, technology, or documentation comprising the Services, except as expressly permitted by these Terms; (ii) alter or tamper with the Services or any software or technology comprising the Services; (iii) engage in any conduct that is unlawful, fraudulent, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of LunaRoute, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights; (iv) attempt to circumvent any technological measure implemented by LunaRoute or any of our providers or any other third party to protect or restrict access to the Services, including any access controls, authentication mechanisms, usage restrictions, rate limits, or security features; (v) attempt to decipher, decompile, disassemble or reverse engineer any software or other underlying code in the Services, or otherwise attempt to derive or discover the source code, underlying components, algorithms, systems, structure, or technology of the Services, except to the extent such restriction is prohibited by applicable law; (vi) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice appearing on or in the Services; (vii) use the Services for any malicious or abusive purposes, including to develop, distribute, or facilitate malware or other malicious software or to gain unauthorized access to or compromise any computer, system, network, account, or data, or transmit any virus, malicious code, or other material intended to disrupt, damage, or interfere with any computer, system, network, or data; (viii) take action that imposes, or may impose, an unreasonable or disproportionately large load on LunaRoute's infrastructure, or otherwise disrupt, damage, overburden, impair, or interfere with the operation or security of the Services, or impede or interfere with another person’s use of the Services; (ix) access or attempt to access any account, API key, network, data, or portion of the Services that you are not authorized to access; (x) resell, sublicense, rent, lease, or provide access to the Services on a standalone basis, except as expressly authorized by LunaRoute; (xi) impersonate another person or otherwise misrepresent your affiliation with a person or entity, or otherwise engage in fraud or deception; (xii) access or use the Services, including any Model made available through the Services, for the purpose of extracting or attempting to extract model weights, parameters, training data, or other underlying components of a Model or the Services; (xiii) use the Services to build, train, or improve a product, model, or service that competes with the Services through unauthorized extraction, replication, or use of the Services or their underlying technology; (xiv) transmit through the Services any protected health information, Social Security numbers or other government-issued identification numbers, financial account or payment card information, account passwords or authentication credentials, or other information of a similarly sensitive nature; or (xv) use the Services in violation of applicable laws and regulations, or in any way except as permitted by these Terms.
4. THIRD-PARTY AI TOOLS AND MODELS
a. AI Tools. The Services may be configured to interoperate with certain AI tools. AI Tools are not developed, owned, or controlled by LunaRoute, and LunaRoute is not responsible for their availability, operation, functionality, security, or performance. Your use of an AI Tool may be subject to terms or requirements imposed by the provider of that AI Tool, and you are responsible for complying with any such terms or requirements that apply to you.
b. Models. The Services provide access to Models. LunaRoute does not develop or own the Models. Depending on the Model and routing option you select, inference may be performed using infrastructure operated by LunaRoute or by third-party provider.
c. Model Availability. Models may be added, removed, replaced, updated, suspended, or discontinued from time to time, including because of changes made by a Model Provider, legal or regulatory requirements, security concerns, or circumstances outside LunaRoute’s reasonable control. LunaRoute does not guarantee the continued availability of any particular Model, Model version, functionality, capability, or performance characteristic.
5. INPUTS AND OUTPUTS.
a. Responsibility for Inputs. You are responsible for Inputs transmitted through the Services through your User Account, API key, or connected AI Tool, and represent and warrant that you have all rights, licenses, permissions, and consents necessary to permit their processing as contemplated by these Terms. You may not transmit, or cause an AI Tool or other application to transmit, Inputs that violate applicable law, third-party rights, or these Terms. You may not transmit through the Services any sensitive personal information, including health information, Social Security numbers or other government-issued identification numbers, financial account or payment card information, account passwords or authentication credentials, or other information of a similarly sensitive nature.
b. Nature of Outputs. Models use probabilistic technologies, and Outputs may vary based on the Model, Input, configuration, routing, and other factors. The same or similar Inputs may not produce the same Outputs, and other users may receive Outputs that are the same as or similar to yours. LunaRoute does not represent or warrant that any Output is unique or that you will acquire intellectual property rights in any Output.
c. Responsibility for Outputs. Outputs may contain inaccurate, incomplete, misleading, offensive, or otherwise unreliable information. You are responsible for evaluating Outputs and determining whether they are appropriate for your intended use, including using human review where appropriate. You should not rely on Outputs as a sole source of truth or factual information or as a substitute for professional advice. You are responsible for your use, sharing, publication, or other distribution of Outputs and for any decisions or actions you take based on Outputs.
d. User Content Processing. You grant LunaRoute the rights necessary to receive, process, and transmit Inputs and Outputs (collectively, “User Content”) solely as necessary to provide the Services. Depending on the Model, route, and configuration used, LunaRoute may process User Content using LunaRoute-operated infrastructure or transmit User Content to a third-party service provider as necessary to provide the Services.
e. No Retention or Training. LunaRoute does not retain User Content after processing is complete and does not use User Content to train or fine-tune artificial intelligence or machine learning models. Except as otherwise expressly made available through the Services, LunaRoute does not provide access to historical Inputs or Outputs through the Services. Notwithstanding the foregoing, LunaRoute may provide certain metadata relating to Inputs and Outputs, such as usage information and timestamps, and may offer features that permit you to retain or access Inputs or Outputs at your direction.
6. SUBSCRIPTION PLANS & USAGE LIMITS
a. Subscription Plans. We may offer one or more subscription plans for purchase, each with different billing period lengths, features, usage limits, and other service levels available to you (each, a “Subscription Plan”), as further detailed at https://www.lunaroute.com/pricing. Your Subscription Plan will specify the number of Lanes and Background Lanes available to you, your available Queue Limit, and any other applicable usage or service limits. The applicable Subscription Plan details will be presented to you when you enroll and may also be made available through the Services. You will have the opportunity to choose one of the offered Subscription Periods when you purchase the Services. Your designated Subscription Plan – including relevant features and limits – and your Subscription Term and applicable billing periods will be stated clearly in your purchase confirmation email from us.
b. Lanes. Each Lane permits one Request to be actively processed at normal scheduling priority at a time. The number of Lanes included in your Subscription Plan determines the number of Requests that may be actively processed at normal scheduling priority concurrently. Additional Requests may be queued, subject to your applicable Queue Limit. Lanes do not represent dedicated GPUs, servers, or other hardware and do not guarantee any particular latency, throughput, tokens-per-second rate, processing time, or other performance level. Actual performance may vary based on the Model selected, the nature and size of the Request, system load, available capacity, and other operational factors.
c. Background Lanes. Your Subscription Plan may include a separate pool of Background Lanes for Requests that do not require normal scheduling priority, such as batch processing, indexing, analysis, and other asynchronous workloads. Each Background Lane permits one Request to be actively processed using LunaRoute’s background scheduling priority. You may designate eligible Requests for processing through a Background Lane. LunaRoute may also assign or move Requests to background scheduling priority as described below. Requests processed at background scheduling priority may be delayed, paused, resumed, batched, or otherwise scheduled based on available capacity and system conditions. Unless otherwise expressly specified in your Subscription Plan, Requests processed at background scheduling priority do not have a guaranteed start time, completion time, latency, throughput, or tokens-per-second rate.
d. Queues and Queue Limits. Requests that cannot immediately begin or resume active inference processing may be placed in a queue, including because the number of concurrent Requests exceeds the number of Lanes or Background Lanes available under your Subscription Plan or due to system load, available capacity, or other operational conditions. A Request does not consume a Lane or Background Lane solely while it is waiting in the queue. Once a Request begins or resumes active processing, it is subject to the applicable Lane or Background Lane concurrency limits and scheduling priority.
The number of Requests that may be queued at one time is subject to the Queue Limit applicable to your Subscription Plan. Your Queue Limit may be based on the number of Lanes and Background Lanes included in your Subscription Plan and will be specified in the applicable plan details. Requests submitted after your Queue Limit has been reached may be rejected rather than added to the queue. A Request that begins processing, completes, is cancelled, expires, or otherwise leaves the queue frees a position in the queue.
e. Scheduling Priority. In addition to queuing Requests as described above, LunaRoute may assign or move one or more of your Requests to background scheduling priority if (i) your usage materially exceeds the concurrency or other usage limits applicable to your Subscription Plan, including through repeated or sustained submission of concurrent Requests in excess of the number of Lanes available to you, or (ii) LunaRoute determines that doing so is reasonably necessary to manage system load, available capacity, performance, security, or the operation of the Services. Requests assigned or moved to background scheduling priority may experience reduced processing priority, speed, or throughput and may take longer to begin or complete processing.
LunaRoute will use reasonable efforts to keep such Requests available for processing, but does not guarantee that a Request will complete processing before it expires, times out, or is otherwise terminated by an AI Tool, Model, third-party service, or other system outside LunaRoute’s control.
f. Usage Monitoring and Measurement. LunaRoute may monitor your use of the Services for purposes of measuring usage, administering and enforcing applicable usage limits, maintaining the security and integrity of the Services, and ensuring compliance with these Terms. LunaRoute will determine your usage of Lanes, Background Lanes, and other usage-based features based on its systems and records.
7. FEES, PAYMENT & SUBSCRIPTIONS.
a. Fees. You agree to pay the fees applicable to your Subscription Plan and any other charges you incur through the Services. The price, billing frequency, features, and applicable usage limits of your Subscription Plan will be disclosed to you before you enroll. Unless otherwise stated, all fees are stated and payable in U.S. dollars.
b. Payments. Subscriptions may be purchased using one of the available payment methods reflected at the time of checkout (“Payment Method”). By clicking buttons such as “Purchase,” “Pay,” “Confirm (Payment),” “Enroll” or “Subscribe” you authorize LunaRoute, through our designated third-party payment processor (“Payment Processor”) to charge you via the Payment Method you specify at the beginning of your subscription and on a recurring basis upon each periodic renewal unless and until you cancel your subscription. Unless otherwise specified within the Services by LunaRoute prior to your submission of a payment, your subscription shall commence once your payment is completed.
All payments are processed by our Payment Processor. The processing of payments that you submit through the Services will be subject to the terms, conditions and privacy policies of the applicable Payment Processor, in addition to these Terms. We are not responsible for any errors made by an applicable Payment Processor. WHEN PURCHASING A SUBSCRIPTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE YOUR SELECTED PAYMENT METHOD.
c. Payment Method. You agree to provide current, complete, and accurate Payment Method information for all purchases. You further agree to promptly update your User Account and payment information, including email address, other contact information and Payment Method details, so that we can complete your transactions and contact you as needed. You authorize LunaRoute or our Payment Processor to store and charge any Payment Method that you provide to LunaRoute. If your Payment Method expires or cannot be successfully charged in connection with a subscription and you have not cancelled your subscription, you authorize us, through our Payment Processor, to continue billing that Payment Method or any other Payment Method associated with your User Account. If we do not receive payment via your Payment Method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the Payment Method you provide is initially declined for any reason, we reserve the right to charge the Payment Method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You remain responsible for any uncollected amount and you bear sole responsibility for all overdraft fees or other penalties that may be assessed by your Payment Provider. LunaRoute may receive updated payment information from your payment provider or card issuer, and may use such updated information to process renewal charges.
d. Automatic Renewal. Your Subscription Term begins on the date you enroll in a Subscription Plan. You authorize LunaRoute and its payment processor to automatically charge your selected payment method at the beginning of each billing period for the then-current subscription fees and applicable taxes until your subscription is cancelled or otherwise terminated.
UNLESS OTHERWISE STATED WHEN YOU ENROLL, AND SUBJECT TO APPLICABLE LAW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD FOR AN ADDITIONAL BILLING PERIOD OF THE SAME DURATION UNLESS YOU CANCEL BEFORE THE APPLICABLE RENEWAL DATE, OR THESE TERMS ARE OTHERWISE PROPERTY TERMINATED.
e. Subscription Plan Upgrades. You may upgrade to a higher-tier Subscription Plan at any time. Unless otherwise stated at the time of upgrade, your upgrade will take effect immediately, and you will be charged a prorated amount for the difference between your current Subscription Plan and the upgraded Subscription Plan for the remainder of your then-current billing period. Beginning with your next billing period, your subscription will automatically renew at the then-current price for the upgraded Subscription Plan unless you cancel or change your Subscription Plan in accordance with these Terms.
f. Changes to Subscription Plans and Pricing. LunaRoute may modify, discontinue or introduce new features of its Subscription Plans, including applicable prices, features, and usage limits, from time to time. Any material change to your Subscription Plan, including any change to the price of your recurring subscription, will apply only on a prospective basis to renewals of your subscription following any notice required by applicable law. If you do not agree to a change, you may cancel your subscription before the change takes effect.
g. Cancellation. You may cancel your subscription at any time by contacting our Customer Support team at support@lunaroute.com . To avoid being charged for the next billing period, you must cancel at least 24 hours before the end of your then-current billing period. Unless otherwise required by applicable law or as expressly stated at the time of enrollment, cancellation will be effective at the end of the applicable subscription period during which you cancel. If you cancel a subscription, you cancel only future charges associated with your subscription and you can continue to use the Services through the end of that billing period, subject to these Terms and the usage limits applicable to your Subscription Plan, and your subscription will not renew after cancellation.
h. Free Trials and Promotions. LunaRoute may, from time to time, offer free trials, discounted pricing, or other promotions on subscriptions. Such promotions are subject to terms accompanying the promotional offer (including which users are eligible for the promotion or discount) as well as these Terms except as otherwise stated in the promotional offer terms. Free trials, discounts, and promotions may be limited to one per household, and there may be restrictions associated with combining promotions and applicable discounts, and promotions may be modified or discontinued by the LunaRoute at any time without notice to you. Availability of a free trial or discount is not guaranteed. We may also offer, in our sole discretion, promotions subject to terms that will be provided to you in promotional materials or during your subscription enrollment. After your promotion ends, unless you cancel your subscription prior to the end of the promotional period, we will begin billing your Payment Method at the then-current, non-promotional rate and your subscription will continue to automatically renew at the then-applicable rate unless you cancel. Any discount period or promotion is at our sole discretion and we may limit eligibility or duration to prevent misuse. You may only be permitted to use one free trial or discounted price offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible for or to take advantage of another free trial, or discounted or promotional price offer.
i. Referral Program. LunaRoute may offer a referral program that allows you to receive promotional benefits when a new user enrolls in a qualifying Subscription Plan using your referral or invite code and satisfies any other eligibility requirements specified in the applicable referral offer. The amount and form of any referral benefit, eligibility requirements, qualification period, redemption restrictions, expiration, and other applicable terms will be disclosed to you in connection with the applicable referral offer. Referral codes are intended for personal, non-commercial referrals and may not be sold, transferred, publicly distributed, or used in connection with spam, unsolicited communications, automated messaging, or other unlawful or abusive promotional activity. You are responsible for complying with applicable law when sharing your referral code and may only send referral communications to individuals with whom you have an appropriate relationship and where such communications are permitted by law. LunaRoute may withhold, revoke, or cancel referral benefits obtained through fraud, abuse, self-referral, creation of multiple accounts, violation of these Terms or the applicable referral terms, or other manipulation of the referral program. LunaRoute may modify, suspend, or discontinue any referral program at any time with or without notice to you, subject to applicable law.
j. No Refunds. Except as required by applicable law or otherwise expressly stated by LunaRoute, subscription fees and other amounts paid for the Services are non-refundable, and LunaRoute does not provide refunds or credits for partially used billing periods, or other unused features or capacity included in your Subscription Plan.
k. Taxes. Fees do not include applicable taxes unless expressly stated otherwise. You are responsible for any applicable sales, use, excise, value-added, or similar taxes associated with your purchase, except for taxes based on LunaRoute’s net income.
l. Information Errors. If a stated price or other material information relating to a Subscription Plan is determined by us in our sole discretion to be in error, we are not under any obligation to offer the applicable subscription at that price and reserve the right to cancel, terminate, or not process your purchase (including accepted purchases). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your transaction and obtain a refund if payment has already been made.
m. No Monetary Value. Subscription purchases have no monetary value (for example, they are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, and non-transferable right to access and use the Services in accordance with these Terms. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any attempted transfer will be null and void.
n. Payment Disputes. If you believe a charge has been made in error, you agree to contact us promptly at support@lunaroute.com, and in good faith, before initiating a chargeback or payment dispute with your payment provider. We may request information reasonably necessary to investigate. Where an error is confirmed, we may credit your User Account or issue a refund in our discretion or as required by law. If you initiate a chargeback or payment dispute for a charge that we reasonably determine was valid and authorized, you agree to reimburse us for the amount of the chargeback and any fees, costs, or expenses incurred by us in connection with responding to or contesting the chargeback, to the extent permitted by applicable law. We reserve the right to suspend or terminate your User Account and refuse future orders if we determine that you have engaged in fraudulent, abusive, or excessive chargeback activity.
8. INTELLECTUAL PROPERTY.
a. The Services. As between you and LunaRoute, the Services, including LunaRoute’s APIs, software, technology, systems, infrastructure, Documentation, user interfaces, designs, features, functionality, and all modifications, improvements, and derivative works of the foregoing, together with all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of LunaRoute, its affiliates or licensors, as applicable. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
b. Inputs. As between you and LunaRoute, you retain all right, title, and interest in and to your Inputs. You grant LunaRoute a limited, worldwide, royalty-free license to receive, process, reproduce, and transmit Inputs as necessary to provide the Services, including to route Requests and perform or facilitate inference in accordance with your selected configuration. This license includes the right to make Inputs available to third-party service providers to the extent necessary to provide the Services.
c. Usage Data. LunaRoute may collect and retain information regarding your use of the Services that does not include the content of Inputs or Outputs (“Usage Data”), such as the fact that a request occurred, the account or API key associated with the request, and the number of input and output tokens processed. LunaRoute may use Usage Data for any lawful business purpose, including to operate, maintain, secure, support, analyze, improve, and develop the Services and related technologies, including to train and enhance LunaRoute’s machine learning models and algorithms. LunaRoute may aggregate, anonymize, or otherwise de-identify Usage Data and may use or disclose such aggregated or de-identified Usage Data without restriction, provided that it does not identify you, any user of your User Account or Application, or any individual as the source of such data.
d. Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and irrevocably waive, and cause to be waived, against us and ours agents, employees, or directors any claims and assertions of any moral rights contained in such Feedback, and you will provide us with reasonable cooperation in documenting this grant. LunaRoute has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to sublicense our rights in the Feedback, without notice, acknowledgement or compensation to you.
9. PRIVACY.
For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms.
10. DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR ERROR-FREE OR UNINTERRUPTED USE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NO RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUNAROUTE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, LUNAROUTE AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, TIMELY, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUNAROUTE DOES NOT WARRANT OR GUARANTEE ANY PARTICULAR LATENCY, THROUGHPUT, PROCESSING SPEED, RESPONSE TIME, OR OTHER PERFORMANCE LEVEL, EXCEPT TO THE EXTENT PROVIDED IN THESE TERMS.
LUNAROUTE DOES NOT WARRANT THE AVAILABILITY, COMPATIBILITY, FUNCTIONALITY, PERFORMANCE, OR CONTINUED AVAILABILITY OF ANY AI TOOL, MODEL, INFERENCE ENDPOINT, OR ROUTING OPTION USED IN CONNECTION WITH THE SERVICES. LUNAROUTE IS NOT RESPONSIBLE FOR INTERRUPTIONS, DELAYS, ERRORS, OR FAILURES CAUSED BY AN AI TOOL, MODEL, THIRD-PARTY SERVICE, OR OTHER SYSTEM OUTISDE LUNAROUTE’S CONTROL.
LUNAROUTE MAKES NO WARRANTY THAT IT WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, OR ANY PARTICULAR FEATURE, FUNCTIONALITY, MODEL, INFERENCE ENDPOINT, OR ROUTING OPTION, FOR ANY PARTICULAR LENGTH OF TIME. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.
11. INDEMNIFICATION.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold LunaRoute and its respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any third-party claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of (i) your access to, or use of, the Services; (ii) any Input transmitted through the Services through your User Account, API key, or connected AI Tool or application, including any claim that such Input or its processing as permitted under these Terms infringes, misappropriates, or otherwise violates the rights of a third party; (iii) your breach of these Terms or violation of applicable law in connection with your use of the Services; (iv) any application, product, or service you develop, operate or make available using the Services; or (vi) your use, publication, distribution, or other exploitation of Outputs.
LunaRoute reserves the right, at our expense, to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, and in any event you will cooperate with LunaRoute in asserting any available defenses.
12. LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUNAROUTE OR ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGAES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES OR GOODWILL, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE SERVICES), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY AI TOOL OR MODEL USED IN CONNECTION WITH THE SERVICES, OR ANY OUTPUT, WHETHER OR NOT LUNAROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUNAROUTE, ITS AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES OR DAMAGES HEREUNDER IN AN AMOUNT EXCEEDING THE GREATER OF (i) THE AMOUNT PAID BY YOU TO LUNAROUTE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR USE OF THE SERVICES, OR THE DURATION OF YOUR USE OF THE SERVICES, WHICHEVER IS SHORTER, OR (ii) ONE HUNDRED U.S. DOLLARS ($100 USD).
c. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUNAROUTE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
13. MODIFICATION, SUSPENSION & TERMINATION.
a. Modification of Services. Except as prohibited by applicable local legal requirements, we reserve the right to modify or discontinue the Services (or any portion thereof), temporarily or permanently, for any reason whatsoever, with or without notice. LunaRoute shall not be liable to you or any for any such modification, suspension or discontinuance of the Services.
b. Suspension & Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights granted to you herein with respect to the Services will immediately terminate; however, certain provisions of these Terms will still apply after termination. Termination of your use or access to the Services may also include, at LunaRoute’s sole discretion, the deletion of your User Account.
Notwithstanding the foregoing, upon such termination, LunaRoute reserves the right to archive your User Account and/or retain User Content to the extent necessary to comply with legal and/or audit requirements or other applicable data retention policies.
14. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER & JURY TRIAL WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS – INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.
a. Informal Dispute Resolution. Most disputes between you and LunaRoute arising from or relating to the Website, the Services, or these Terms (“Disputes”) can be resolved informally, so if you or LunaRoute have an issue arising out of or related to your use of the Services, you and LunaRoute agree to reach out to the other before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). If you have a Dispute with LunaRoute, you must email notice@lunaroute.com a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with LunaRoute; (3) a detailed description of the issue; and (4) how you’d like to resolve it. If LunaRoute has a Dispute with you, we must email you a Written Notice to the email address associated with your relationship with LunaRoute. We agree that we must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice while the parties attempt informal resolution.
The Written Notice must be provided on an individualized basis and you and LunaRoute agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute before you or LunaRoute may proceed to file a demand for arbitration. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.
If the dispute is not resolved within thirty (30) days after the telephone or videoconference occurs, you and LunaRoute agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.
b. Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).
The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.
In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and LunaRoute, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement supersedes any prior arbitration agreement between LunaRoute and you.
Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and LunaRoute further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.
c. Waiver of Rights Including Jury Trial. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND LUNAROUTE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
d. Class Arbitration and Collective Relief Waiver. YOU AND LUNAROUTE ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF LUNAROUTE PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.
With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor LunaRoute shall be entitled to arbitrate the dispute in question.
This provision does not prevent you or LunaRoute from participating in a class-wide settlement of claims.
e. Arbitration Rules. Except as modified by this Arbitration Agreement, NAM will administer the arbitration in accordance with, as applicable, the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.
Except where prohibited by applicable law, the arbitrator shall apply the law of the State of California without giving effect to any law that would result in the applicable of the law of any other jurisdiction. You and LunaRoute agree that dispositive motions will be allowed in the arbitration.
If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and LunaRoute submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.
f. Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms of Service. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.
g. Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
h. Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and LunaRoute agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in Contra Costa, California.
i. Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against LunaRoute within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by LunaRoute and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with LunaRoute and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and LunaRoute agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Arbitration Procedures and Guidelines or authorizing class arbitration of any kind.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with LunaRoute and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. LunaRoute, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either LunaRoute or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither LunaRoute nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
j. Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Service, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.
Except for decisions in arbitrations that are joined together in a single batch and based on the individual merits of each claim within that batch, no arbitration award or decision will have any preclusive effect. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
k. Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:
- Matters involving injunctive relief and matters asserting or arising out of claims of infringement, unauthorized use or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) or in which either party is seeking to protect its intellectual property or enforce its rights therein shall be exclusively brought in the state and federal courts located in California.
- Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
- Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
- Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.
l. 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: notice@lunaroute.com. The notice must be sent within 30 days of 9/14/2026, or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, LunaRoute also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.
m. Class Action Waiver. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND LUNAROUTE THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
n. Changes to this Arbitration Agreement. LunaRoute will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which LunaRoute does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If LunaRoute changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to notice@lunaroute.com before the 30-day period expires.
o. Jury Trial Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND LUNAROUTE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND LUNAROUTE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.
15. MISCELLANEOUS.
a. Entire Agreement. These Terms constitute the entire agreement between you and LunaRoute with respect to your use of the Services, and supersede any prior and contemporaneous agreements between you and LunaRoute on the subject matter.
b. Links to Other Sites and Third-Party Services. Our Services may contain links to third-party websites or services that are not owned or controlled by us. LunaRoute has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LunaRoute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
c. Force Majeure. Under no circumstances will LunaRoute be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
d. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LunaRoute’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
e. Electronic Communications. You consent to receive all communications, agreements, notices, disclosures, and other information related to the Services in electronic form, including by email, in-Service messages, or postings within the Services. You agree that all electronic communications have the same legal effect as if they were provided in writing and satisfy any requirement that such communications be in writing. You are responsible for maintaining accurate contact information and for regularly reviewing the Services and your email for communications from LunaRoute. LunaRoute may, in its discretion, also provide notices by mail or other means when required by law or when it deems appropriate.
f. Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect. In the event that any provision is deemed unlawful or unenforceable, you and LunaRoute agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.
g. Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
h. No Agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of LunaRoute, or to bind LunaRoute in any respect
i. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LunaRoute. These Terms may be assigned by LunaRoute without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
j. Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.
k. Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
16. CONTACT US.
If you wish to contact us or have any questions or concerns related to these Terms or your use of the Services, please email us at support@lunaroute.com.