Luna Screens Terms of Service

1. About These Terms

These terms are a contract between you and Luna IT PTY LTD (ABN: 12 643 738 890), lvl 5/24 Davey St, Hobart TAS 7000, Australia ("Luna Screens", "we", "us"). They cover your use of our website, dashboard, API, player apps and any hardware we sell (together, the "Service").

By creating an account, signing in, or using the Service you agree to these terms. If you use the Service on behalf of a business or other organisation, you agree to these terms for that organisation and confirm you are authorised to do so. In these terms "you" means that organisation. The Service is intended for business use.

2. Accounts & Teams

• You must provide a valid email address that you control. We sign you in using codes and links sent to that address, so you are responsible for keeping access to it secure.
• You are responsible for everything done through your account, including by people you invite to your team and through any API keys or webhooks you create. Give people only the permissions they need and remove access when it's no longer required.
• Keep API keys secret. If you think a key has been compromised, revoke it straight away in your account settings so it stops working. If you think your account itself has been compromised, tell us straight away at support@lunascreens.com.
• You must be at least 18 years old to create an account.

3. Plans, Subscriptions & Billing

• Free plan: You can use the Service for free with a Luna Screens watermark on your screens. We may change the features and limits of the free plan at any time.
• Paid plan: Paid subscriptions are charged per screen, in advance, either monthly or yearly, at the prices shown on our pricing page or in the dashboard at the time you subscribe.
• Renewal: Subscriptions renew automatically at the end of each billing period until you cancel. You authorise us to charge your payment method, through our payment provider Stripe, for each renewal.
• Changes: If you add screens during a billing period you are charged a proportional amount for the rest of that period.
• Cancellation: You can cancel at any time in the dashboard. Your paid screens stay active until the end of the period you have paid for, then move to the free plan.
• Refunds: Except where these terms, our Service Level Agreement or the law say otherwise, payments are non-refundable. If you remove a paid screen, the unused part of its billing period is credited to your account and taken off your future bills.
• Failed payments: If a payment fails we will let you know and try again. If it is still unpaid after 14 days, our billing system may automatically cancel your subscription and move your screens to the free plan. If this affects screens or time you have already paid for, contact us and we will either restore those screens for the rest of the period you paid for, or credit the unused amount to your account.
• Price changes: We may change our prices. We will give you at least 30 days' notice by email, and the new price applies from your next renewal after that notice. If you don't agree you can cancel before then.
• Taxes: Tax is calculated based on your location. Prices include taxes such as GST and VAT, except for purchases in US or Canadian dollars, where any applicable sales tax is added at checkout. You are responsible for any other taxes or duties that we don't collect.
• Coupon codes: Subscription credit from a coupon code or included with hardware can't be exchanged for cash.

4. Your Content

• You own the content you upload to or display through the Service ("Your Content"), such as images, videos, playlists and web links.
• You give us a worldwide, non-exclusive, royalty-free licence to host, copy, transcode, optimise, cache, transmit and display Your Content, only as needed to provide the Service to you. This licence ends when Your Content is deleted from the Service, other than for backups, which are removed as described in our Privacy Policy.
• You confirm that you have all the rights and permissions needed for Your Content to be used in this way and shown wherever your screens are, including for any music, footage, images, fonts, trademarks and people that appear in it.
• You are responsible for keeping your own copies of Your Content. The Service is not a backup service.

5. Acceptable Use

You must not, and must not allow anyone else to:

• upload or display content that is illegal, infringes someone else's rights, is defamatory, deceptive, hateful or harassing, or is obscene or otherwise unsuitable for the place where your screens are;
• use the Service to distribute malware, or to send spam;
• use features that fetch or display external content (such as web pages, URLs, webhooks and the API) to attack, overload or get unauthorised access to any system, including ours;
• go around usage limits, API rate limits or security controls, or use the Service in a way that damages it or degrades it for other customers;
• copy, modify, reverse engineer or decompile the Service, except where the law allows this despite these terms;
• resell or provide the Service to others, unless we have agreed to this in writing; or
• use the Service to build a competing product.

We may remove content or suspend screens that break these rules. Where we reasonably can, we will tell you first and give you a chance to fix it.

6. Third-Party Content & Integrations

The Service can display content and use services provided by others, such as web pages, YouTube, Google Slides and weather data. We don't control these, they may change or stop working at any time, and your use of them is subject to their own terms. We are not responsible for third-party content or services, or for how they appear on your screens.

7. Hardware & Devices

• Your devices: You are responsible for the screens, media players, power and internet connection used with the Service, and for installing them safely. See our supported hardware.
• Updates: You agree that we may automatically update the Luna Screens player app and software on your devices.
• Hardware we sell: Hardware you buy from us becomes yours when it is paid for in full, and the risk of loss passes to you on delivery. Delivery times are estimates. We aim to pay any import duties and taxes on international orders ourselves, so your hardware arrives without extra charges. If a carrier or customs authority still charges you on delivery, you are responsible for paying it.
• Hardware warranty: We warrant hardware we sell against defects in materials and workmanship for 12 months from delivery. If it is defective, tell us at support@lunascreens.com and we will repair it, replace it or refund what you paid for it. We first need to confirm the fault, either over a video call or by you returning the hardware to us. If you return it, email us your postage receipt, and once we have received the hardware and confirmed the fault we will refund what you paid for it along with your return shipping. We refund return shipping up to what it would cost us to send the same parcel with Australia Post's standard (non-express) parcel service. For returns from outside Australia, that is the cost of sending it from Australia to your country. This doesn't cover damage caused by misuse, accidents, modification or power surges. This warranty is in addition to your rights under the law (see section 11).
• Returns: You can return unused hardware in its original packaging within 30 days of delivery for a refund of the price of the hardware. You pay the return shipping unless the hardware is faulty.

8. Availability & Support

We work hard to keep the Service running, and we provide support by email at support@lunascreens.com. Our uptime commitment for paid screens, and support response times for accounts with paid screens, are set out in our Service Level Agreement, which forms part of these terms. Screens on the free plan are provided without any availability commitment, and accounts with no paid screens are provided without any support commitment.

Screens depend on things outside our control, such as your hardware, network and power. You should not rely on the Service for emergency, safety-critical or legally required notices without another way of communicating them.

9. Suspension & Termination

• You can stop using the Service at any time, and can ask us to delete your account by emailing support@lunascreens.com.
• We may suspend or close your account if you seriously or repeatedly break these terms, if we are required to by law, or if your use creates a security risk or liability for us or others. Where we reasonably can, we will give you notice and a chance to fix the problem first.
• We may close accounts on the free plan that have not been used for 12 months, after giving you 30 days' notice by email.
• We may stop providing the Service altogether by giving you at least 6 months' notice. If you have already paid for a period that ends after that, we will keep providing the Service to you until the end of the period you paid for.
• When your account is closed your screens stop showing Your Content, and we delete Your Content and account data as described in our Privacy Policy. Sections 4, 10, 11, 12 and 15 continue to apply.

10. Intellectual Property

We and our licensors own the Service, including the software, player apps, templates, designs and branding. We give you a non-exclusive, non-transferable right to use the Service under these terms while your account is open. Templates and stock content we provide may only be used within the Service. If you give us feedback or suggestions, we may use them without any obligation to you.

11. Warranties & Liability

Your rights under the law. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that can't lawfully be excluded. Where the Australian Consumer Law applies and allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again, or, for goods, to repairing or replacing the goods or paying the cost of doing so.

No other warranties. Apart from those rights and what we expressly promise in these terms and the Service Level Agreement, the Service is provided "as is" and "as available". We don't promise that it will be uninterrupted or error-free, or that content will always be displayed on your screens at a particular time.

Limits on our liability. To the extent the law allows:

• we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill, advertising income or data, however it is caused; and
• our total liability to you for all claims connected with the Service or these terms is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, and AUD $100.

These limits don't apply to liability for fraud, or for death or personal injury caused by negligence, or to any other liability that can't be limited by law.

Your responsibility. You agree to compensate us for any loss, cost or claim brought against us by someone else that results from Your Content, or from your breach of section 5, except to the extent that we caused it.

12. Privacy & Data Protection

Our Privacy Policy explains how we handle personal information. If Your Content includes personal information about other people, you are responsible for complying with the privacy laws that apply to you, and we process that information only on your behalf to provide the Service. If you are a business in the EEA or UK and need a data processing agreement, email support@lunascreens.com.

13. Changes to the Service & These Terms

We improve the Service continually and may add, change or remove features. We won't materially reduce the core functionality of a paid plan during a period you have already paid for.

We may update these terms. If a change is significant we will give you at least 30 days' notice by email or in the dashboard. If you keep using the Service after a change takes effect, you accept the updated terms. If you don't agree, you can cancel before it takes effect and we will refund any fees you have paid in advance for the period after you cancel.

14. General

• Notices: We will send notices to the email address on your account. Send notices to us at support@lunascreens.com.
• Events outside our control: Neither of us is liable for a failure to perform caused by something beyond our reasonable control, such as a failure of the internet or of a hosting provider, a natural disaster or government action. This doesn't apply to your obligation to pay.
• Transfer: You may not transfer your rights under these terms without our consent. We may transfer ours as part of a sale or restructure of our business, as long as your rights aren't reduced.
• Whole agreement: These terms, the Service Level Agreement and the Privacy Policy are the whole agreement between us about the Service. If part of these terms can't be enforced, the rest still applies. If we don't enforce a right straight away, we can still enforce it later.

15. Governing Law

These terms are governed by the laws of Tasmania, Australia, and the courts of Tasmania have non-exclusive jurisdiction over any dispute. Before starting legal proceedings, each of us agrees to first try to resolve the dispute in good faith by contacting the other.

16. Contact

Questions about these terms? Email support@lunascreens.com or write to Luna IT PTY LTD, lvl 5/24 Davey St, Hobart TAS 7000, Australia.