Terms  of  Service

Luna Health, LLC (‘Luna’, “we, or “us”) operates a suite of services to help you understand and improve your sleep by leveraging your mobile device to help evaluate your sleep. We always strive to improve our services, so these Terms and our Privacy Policy are continuously updated to reflect our current data handling practices and the consents we ask you to give to allow our service to operate. By using our services, you consent to the collection of data about your environment and behavior at night with your mobile device – including through recordings made by your device microphone, logs created based on your accelerometer motion, and background information you provide by using our application – as described in detail in these Terms. 

THESE TERMS LIMIT OUR LIABILITY AND BIND YOU TO ARBITRATION; PLEASE READ THEM IN FULL. OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE. OUR ANALYSES ARE INTENDED SOLELY TO HELP YOU DETERMINE WHETHER TO SEEK MEDICAL ADVICE.

If you ever have questions about these Terms, our Privacy Policy, or our services, please reach us at care@helloluna.co.

Terms of Using Luna Services

By accessing or using the Luna website, any Luna service, or any applications (including mobile applications) made available by Luna (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms" or “Terms of Use”). The Service is owned or controlled by Luna, Inc. ("Luna"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LUNA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You have to be able to enter into a contract with us (these Terms) to use our Service.

You are not allowed to use this Service unless you are at least 18 years of age and have the capacity to form a binding contract. By using the Service, you represent that you are at least 18 and have any agency or authority necessary to enter into a contract with us.

You are not allowed to use the Service unless you agree to and/or consent to everything in these Terms. If you do not understand any item in these Terms, or you do not agree to any provision in these Terms, you are not permitted to use the Service.

You are not permitted to enter any information about a minor anywhere on the Service unless you are that minor’s legal guardian and consent to the practices described in these Terms on behalf of that minor. You are not permitted to use the Service in any way that may gather information about a minor. We may ask you to verify that consent, and you are required to do so promptly.

You license information you input through the Service to us for use in our business operations, and you’re responsible for its accuracy.

In these Terms we refer to any piece of information you provide directly to us through any part of the Service as “User Content.” You hereby grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of User Content however we think necessary to operate the Services and/or our business. You represent and warrant to us that you have any and all rights under any law that applies to you to grant us this license. You represent and warrant to us that User Content will not harm our Services, our systems, or any third party.

You acknowledge that we will collect, and agree that we can collect, information about you and your sleep environment through the Services.

The Services may use your phone hardware, including without limitation your accelerometer, microphone, memory, and battery, to create certain records about your sleep environment and behavior that help the Services generate recommendations about how to improve your sleep. In addition, you supply certain demographic and profile information through the app that drives our recommendations. You expressly consent to the collection of both of these types of information for as long as you use the Services. You also consent to the collection of your device identifier (the format of which we may change over time), and the association of that device identifier with other information we collect through the Services.

The Services may use your microphone to record samples of any snoring by launching a recording session based on the sudden appearance of noise in your sleep environment. In the event that you talk in your sleep, engage in conversation, or otherwise cause or allow noise to occur in the physical space accessible to your microphone while the Services have been initialized to analyze your sleep, these sounds will likely be recorded in the course of using the Services. You consent to this recording.

You further consent to the transmission of such recordings to our servers and the storage of such recordings there. We explain more about how these recordings may be accessed in our privacy policy. You further acknowledge that the Services may require activity on your mobile device for the entire sleep session – from when you set your alarm on our mobile application until you’ve acknowledged you’re awake – and that this activity can drain your device’s battery power. You can avoid losing battery life by plugging your phone in during a sleep session, but Luna will not under any circumstances be liable for loss, damage, or inconvenience caused by your device’s loss of battery power overnight.

We don’t sell your personal information, but our business involves the consulting, processing and acting upon of anonymized, aggregate information about people who use our Service.

The license you grant us to your User Content expressly includes the right to anonymize your personal information and other data and combine it with similar information about all of our users for our general business purposes. Such aggregated data may sometimes be used for research or marketing purposes, and you agree we can use such data to expand, market or improve our business operations as well as to deliver improved services to you. Even if we use such data for research or marketing, we will take all practical measures to maintain the secrecy of your identity.

You are responsible for keeping your password and your device secret and secure.

Luna owns the Service and all of its content except User Content.

We expressly reserve and retain all intellectual property rights, including copyrights, patent rights, trademarks, moral rights and any other type of property interest, past, present or future, in the Services. We grant you a personal, limited, non-exclusive, non-sublicensable, non-transferable, license to use the Services on your own behalf, for your own personal benefit. The Luna name and logo are trademarks of Luna, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Luna.