Terms of Service
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.
Terms of Using Luna Services
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.
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.
Home Sleep Test Rental Agreement.
I (the ‘customer’) agree to return the home sleep testing equipment to Luna Health, LLC in the prepaid return packaging provided with a postmark of no more than two days after the date I received it. I understand that I am responsible for the equipment until the prepaid, pre-labeled return box enters the mail circulation; if it is lost or stolen while in my possession, I am responsible for the full replacement value of $4,000. I agree to return the equipment intact and undamaged; I am responsible for the repair/replacement cost of any damaged/destroyed equipment. I understand that I am renting the home sleep testing equipment from Luna Health, LLC on a rolling 14 day period from the time I submit my payment information for the order to the time the home sleep test equipment is received by Luna Health, LLC. I understand that after I submit my payment information for the order, my card will be charged $99 plus shipping for the home sleep testing service which includes the use of the test device, the scoring of my test data by a physician, the test report that Luna Health, LLC provides to me. The results report can only be generated after the test has been returned to Luna Health; remote data interpretation is not possible. The initial term of the rental period will be 14 days from the date I submit payment and ending when the home sleep test is received by Luna Health, LLC. I understand that if I fail to return the home sleep test within the 14 day period, I will be charged $99 every 14 days for a total of three terms, including the initial term. I understand that the rental terms will not be prorated under any circumstance. 28 days after the initial term or 56 days after the date I submitted payment, I will be charged $4,000, which is the value of the device ($4,000.00) minus $198 for the two additional rental terms already charged after the initial term. I understand that if I return the device after 28 days of the initial term or 56 days after the date I submitted payment, Luna Health LLC will not provide any refund. Luna Health must order replacement units after this period at a cost of $4,000 each, so no refund will be given after that time. If I return my testing unit to Luna Health, LLC missing any components (e.g. chest belt, battery compartment cover, etc.), I will immediately be charged for the replacement value of the component. If I return the component to Luna Health, LLC, the replacement charge will be refunded, minus $10 per day from the day the charge is incurred until the day Luna Health, LLC receives the returned item. If I return the testing device to Luna Health with either no data or insufficient data for interpretation, I will have the option to either pay $30 for a second test to be sent to me. I understand that if I cancel my home sleep test order after it has already been shipped to me, I will not be eligible for any refund even if the test was unused. If a test is 3 or more days late in being returned, no refunds will be given for an unused test or insufficient test data. I certify that I will only use the home sleep test on myself.