Subscription Agreement
Last Updated: 13/03/2024
This Subscription Agreement (this “Agreement”) contains the terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined below). It is a contract between Luna Loyalty Cards, a sole proprietorship organized under the laws of Ontario, Canada, with a principal business address at 185 Lyon St N, K1R7Y4, Ottawa, ON, Canada (“Luna Loyalty Cards,” “Company,” “we,” “us,” or “our”), and you or the entity or organization that you represent (“Customer” or “you”).
If you are an individual using the Services for your own purposes:
(1) All references to “Customer” refer to you, and
(2) You represent and warrant that you are at least 18 years of age (or have otherwise reached the age of majority where you reside) and that you have the right, power, and authority to enter into this Agreement.
If you are using the Services on behalf of an entity or organization that you represent:
(1) All references to “Customer” are to that entity or organization, and
(2) You represent and warrant that you are at least 18 years of age (or have otherwise reached the age of majority where you reside) and that you have the right, power, and authority to enter into this Agreement on behalf of Customer.
This Agreement becomes binding and effective on Customer upon the earliest of:
(1) When you access or use the Services,
(2) When you click an “I Accept,” “Sign up” or similar button or checkbox referencing this Agreement, or
(3) When you enter into an Order (as defined below) with Luna Loyalty Cards.
1. Orders
This Agreement sets forth the terms pursuant to which Customer may access and use Luna Loyalty Cards’ Services in connection with one or more Orders. Subject to the terms of an Order, the Services will support Customer’s operation of a digital customer loyalty program for the Customer’s business (“Customer’s Environment”).
Subscription Term and Renewal: Subscriptions are offered on a monthly basis. The initial term begins on the subscription start date and renews monthly unless canceled in accordance with this Agreement.
2. Access and Use
2.1 Access Rights. Subject to the applicable Order and this Agreement, Luna Loyalty Cards hereby grants to Customer the right to access and use the Services in accordance with the Documentation during the applicable Order Term for Customer’s Environment.
2.2 License Characteristics. All rights granted under this Section are limited, nonexclusive, and non-transferable (except as otherwise provided in this Agreement).
3. Availability
Luna Loyalty Cards aims to make the Services Available as much as reasonably possible. However, no specific uptime guarantee is provided. Customer’s sole remedy for dissatisfaction with the Availability of the Services is to stop using the Services in accordance with the termination provisions herein.
4. Support
Luna Loyalty Cards will provide support (“Support”) via email. Luna Loyalty Cards commits to respond to each Support request within forty-eight (48) hours of receipt. If Customer is dissatisfied with Support after such response, Customer’s sole remedy is to cease using the Services.
5. Security and Privacy
5.1 Security Measures. Taking into account the nature and types of data processed, Luna Loyalty Cards will employ administrative, physical, and technical measures in accordance with applicable industry practices to protect the Services and prevent accidental loss or unauthorized access, use, alteration, or disclosure of Customer Data under its control. Data may be stored on Digital Ocean servers located in the US and EU. We use SSL encryption and database encryption.
5.2 Privacy Compliance. Luna Loyalty Cards will comply with applicable Canadian privacy laws and, where applicable, the GDPR. The Customer is responsible for providing the necessary consents and notices to its own customers whose data is included in Customer Data.
5.3 Data Collection. Luna Loyalty Cards may process Customer Data, which may include: names, phone numbers, emails, dates of birth, device information (such as devices used to install loyalty cards), whether a loyalty card is installed, number of visits, number of collected stamps, rewards redeemed, and any custom information Customer collects via loyalty card installation forms. Location data may be processed to deliver location-based push notifications.
5.4 Customer Responsibilities. Customer is responsible for properly configuring the Services, securing Customer Credentials, and ensuring compliance with all applicable laws in its use of the Services.
6. Customer Responsibilities and Restrictions
6.1 Customer Obligations. Customer will be solely responsible for:
(a) Customer’s Environment;
(b) Customer Data and Account Data;
(c) Providing any required notices to, and obtaining any required consents from, individuals whose Personal Information is included in Customer Data; and
(d) Using the Services in compliance with all Applicable Laws and this Agreement.
6.2 Restrictions. Customer shall not:
(a) Permit unauthorized access to the Services;
(b) Attempt to gain unauthorized access to the Services;
(c) Reverse engineer or attempt to discover the source code of the Services;
(d) Resell, distribute, or otherwise make the Services available to any third party (except as authorized by this Agreement);
(e) Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
7. Compliance with Applicable Laws
Each Party agrees to comply with all Applicable Laws. Customer is responsible for ensuring it has all necessary rights, consents, and authority under Applicable Laws to provide and process Customer Data through the Services. While Luna Loyalty Cards operates in accordance with Canadian law (and GDPR where applicable), Customer is responsible for ensuring its own compliance with any other local laws and regulations that may apply to its use of the Services, including but not limited to laws governing data privacy, consumer protection, and electronic communications. Customer represents and warrants that it will obtain all necessary consents, provide any required notices, and otherwise meet all legal obligations related to its use of the Services and the data processed therein.
8. Pricing and Fees
8.1 Fees. Customer agrees to pay the agreed monthly fee plus applicable taxes. Payment shall be made via Stripe or any payment method supported by Stripe.
8.2 Payment Processing. By providing payment information, Customer authorizes Luna Loyalty Cards (or its designated payment processor, Stripe) to charge the monthly subscription fee. Customer must keep billing information accurate and current.
8.3 No Refunds. All fees are non-refundable. In the event of cancellation or termination, no prorated refunds or credits shall be provided.
8.4 Price Protection for Existing Subscribers. The monthly subscription fee for Customer’s Services is set at $97 CAD at the time of initial subscription. Should Luna Loyalty Cards increase subscription fees for new customers in the future, Customer’s monthly fee will remain at the $97 CAD rate (or the original rate effective at the time of Customer’s initial subscription), provided Customer’s subscription remains active and uninterrupted. If Customer cancels and later re-subscribes, any then-current subscription fees will apply to the new subscription.
9. Taxes
All Fees are exclusive of applicable taxes. Customer shall be responsible for all taxes, except for those based on Luna Loyalty Cards’ income.
10. Ownership
As between the Parties:
(a) Customer owns all right, title, and interest in Customer’s Environment and Customer Data.
(b) Luna Loyalty Cards owns all right, title, and interest in the Services, Documentation, and Feedback (if any), including all associated Intellectual Property Rights. Except as expressly granted, all rights are reserved by Luna Loyalty Cards.
Luna Loyalty Cards’ name and logo are protected intellectual property. Customer does not acquire any rights to them beyond what is necessary to use the Services under this Agreement.
11. Confidentiality
Each Party will maintain the confidentiality of the other Party’s Confidential Information and not use or disclose it except as permitted by this Agreement or required by law.
12. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LUNA LOYALTY CARDS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LUNA LOYALTY CARDS MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
13. Limitations of Liability
13.1 No Liability for Customer’s Use. Luna Loyalty Cards has no liability for how Customer or Customer’s end-users use the loyalty cards or the data collected.
13.2 No Liability for Upstream Providers. Luna Loyalty Cards relies on upstream providers (including third-party software and hosting). Luna Loyalty Cards shall not be liable for any data breach, data leak, service interruption, or other issue caused by these third-party providers.
13.3 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13.4 Cap on Liability. IN NO EVENT SHALL LUNA LOYALTY CARDS’ TOTAL LIABILITY EXCEED THE FEES PAID BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Term and Termination
14.1 Term. This Agreement continues until terminated as provided herein.
14.2 Cancellation by Customer. To cancel, Customer must provide fourteen (14) days’ written notice prior to the end of the current monthly term. Failure to provide such notice will result in automatic renewal for the following month.
14.3 Termination by Company. Luna Loyalty Cards may terminate this Agreement immediately if Customer fails to pay fees when due or otherwise materially breaches the Agreement.
14.4 Effect of Termination. Upon termination, Customer’s access to the Services ceases. No refunds will be provided.
15. Indemnification
Customer shall indemnify and hold harmless Luna Loyalty Cards from any claim arising from Customer’s use of the Services, Customer Data, or violation of this Agreement.
16. Dispute Resolution and Governing Law
This Agreement and any disputes arising under it shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the courts located in Ottawa, Ontario.
17. Publicity
Luna Loyalty Cards may include Customer’s name and logo in its customer lists, on its website, and in promotional materials. Customer may opt out by providing written notice.
18. Notices
Notices must be in writing and sent to the physical or email addresses associated with the Parties. Luna Loyalty Cards’ notice address is 185 Lyon St N, 3015, K1R7Y4, Ottawa, ON, Canada and email: ksenia@lunaloyaltycards.com.
19. Assignment
Customer may not assign this Agreement without Luna Loyalty Cards’ prior written consent.
20. Independent Parties; No Third-Party Beneficiaries
The Parties are independent contractors. This Agreement does not create any third-party beneficiary rights.
21. Force Majeure
Neither Party shall be liable for delays or failures caused by events beyond their reasonable control (Force Majeure Events).
22. Miscellaneous
This Agreement, together with any Orders, and the AUP, is the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, communications, and agreements relating to its subject matter. Any waiver or modification must be in writing. If any provision is held invalid, the remainder will remain in effect.
23. Changes to this Agreement
Luna Loyalty Cards may modify this Agreement by posting a revised version at the URL referenced herein. Continued use of the Services after updates are posted constitutes acceptance of the updated terms.
24. Definitions
Capitalized terms not otherwise defined in this Agreement shall have the respective meanings assigned to them in this Section 24 or elsewhere in this Agreement.
“Account Data” means information about Customer that Customer provides to Luna Loyalty Cards in connection with the creation or administration of its Luna Loyalty Cards account, such as first and last name, user name, and email address of an Authorized User or Customer’s billing contact. Customer shall ensure that all Account Data is current and accurate at all times and shall not include Sensitive Information in Account Data.
“Affiliate” means, with respect to a Party, a business entity that directly or indirectly controls, is controlled by, or is under common control with, such Party.
“Applicable Laws” means any and all governmental laws, rules, directives, regulations, or orders that apply to a Party’s performance under this Agreement.
“AUP” means Luna Loyalty Cards’ standard Acceptable Use Policy, currently available at https://app.lunaloyaltycards.com/promo/gdpr/acceptable-use-policy.
“Authorized User” means an individual employee, agent, or contractor of Customer or a Participating Affiliate for whom subscriptions to Services have been purchased and who has been supplied user credentials for the Services.
“Available” or “Availability” means the Services are available for access and use over the Internet.
“Customer Data” means any data, information, or material that Customer submits to the Services, including Personal Information about end-users or customers.
“Documentation” means Luna Loyalty Cards’ standard user documentation for the Services, currently available at https://app.lunaloyaltycards.com/promo/gdpr.
“Feedback” means suggestions or other feedback relating to the Services or Documentation provided by Customer to Luna Loyalty Cards.
“Personal Information” means information relating to an identified or identifiable natural person that is protected by Applicable Laws where the individual resides.
“Pricing Page” means the publicly available web page(s) where Luna Loyalty Cards publishes its list prices for Services, currently available at https://app.lunaloyaltycards.com/promo#pricing.
“Privacy Policy” means Luna Loyalty Cards’ standard Privacy Policy, currently available at https://app.lunaloyaltycards.com/promo/gdpr/privacy-policy.
“Process” or “Processing” means to perform an operation on data, including to store, transmit, record, organize, structure, adapt, or alter.
“Sensitive Information” means categories of Personal Information that require heightened protection under Applicable Laws, such as government-issued IDs, financial account data, health data, or other similar information. Customer agrees not to provide Sensitive Information to Luna Loyalty Cards.
“Service Plan” means the packaged plan and features for the Luna Loyalty Cards service, as set forth on the Pricing Page.
“Services” means the hosted loyalty card software services provided by Luna Loyalty Cards, including access to its loyalty card management and customer engagement platform.
“Support” means Luna Loyalty Cards’ standard customer technical support, currently provided exclusively via email.
BY SUBSCRIBING TO AND/OR USING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT.
Terms of Use
Welcome to https://app.lunaloyaltycards.com (together with any related websites, the “Site”). The Site is owned and operated by Luna Loyalty Cards, Inc. (“Luna Loyalty Cards”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).
You represent to Luna Loyalty Cards that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Luna Loyalty Cards are collectively referred to as the “Parties” and each is a “Party”.
1. Subscription Agreement.
These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Luna Loyalty Cards. If you are accessing or using the Service, then you are subject to Luna Loyalty Cards’s Subscription Agreement (currently available at https://app.lunaloyaltycards.com/promo/gdpr/subscription-agreement, or such other written contract as may be separately agreed and signed between you and Luna Loyalty Cards.
2. Luna Loyalty Cards Content.
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Luna Loyalty Cards or its licensors (“Luna Loyalty Cards Content”). The Site (including the Luna Loyalty Cards Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Luna Loyalty Cards, Luna Loyalty Cards owns and retains all rights in the Site and the Luna Loyalty Cards Content. Luna Loyalty Cards hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Luna Loyalty Cards Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Luna Loyalty Cards in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Luna Loyalty Cards Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Luna Loyalty Cards Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Luna Loyalty Cards Content.
3. Trademarks.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Luna Loyalty Cards or other third parties. You are not permitted to use these Marks without the prior written consent of Luna Loyalty Cards or such third party.
4. Third-Party Services.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Luna Loyalty Cards, and you do so at your own risk. Luna Loyalty Cards is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Luna Loyalty Cards is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.
5. Privacy.
Please review Luna Loyalty Cards’s Privacy Policy for the Site (“Privacy Policy”), available at https://app.lunaloyaltycards.com/promo/gdpr/privacy-policy, to learn about Luna Loyalty Cards’s information collection, usage and disclosures practices with respect to information collected by Luna Loyalty Cards through the Site.
6. Acceptable Use.
Your use of the Site is subject to Luna Loyalty Cards’s Acceptable Use Policy available https://app.lunaloyaltycards.com/promo/gdpr/acceptable-use-policy Luna Loyalty Cards is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Luna Loyalty Cards at ksenia@lunaloyaltycards.com.
7. Compliance with Laws.
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Luna Loyalty Cards software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Luna Loyalty Cards software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
8. Global Availability.
Luna Loyalty Cards controls the Site from Delaware, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Luna Loyalty Cards makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
9. Indemnity.
You agree to defend, indemnify and hold harmless Luna Loyalty Cards, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Luna Loyalty Cards policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
10. Disclaimers.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY LUNA LOYALTY CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LUNA LOYALTY CARDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER LUNA LOYALTY CARDS’S CONTROL.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL LUNA LOYALTY CARDS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL LUNA LOYALTY CARDS’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Responsibility for End Users.
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
13. Termination and Monitoring.
13.1. If you violate these Terms, Luna Loyalty Cards may suspend or terminate your use of the Site. Luna Loyalty Cards’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Luna Loyalty Cards believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Luna Loyalty Cards, its customers or third parties.
13.2. Luna Loyalty Cards reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Luna Loyalty Cards has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Luna Loyalty Cards finds to be in violation of these Terms. Luna Loyalty Cards may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Luna Loyalty Cards also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
14. Electronic Communications.
When you visit the Site or send emails to Luna Loyalty Cards, you are communicating with Luna Loyalty Cards electronically; and you consent to receive communications from Luna Loyalty Cards electronically. Luna Loyalty Cards will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Luna Loyalty Cards provides to you electronically satisfy any legal requirement that such communications be in writing.
15. Modifications.
Luna Loyalty Cards may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.
16. Governing Law.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castlew County, State of Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
17. Miscellaneous.
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Luna Loyalty Cards. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Luna Loyalty Cards’s express prior written consent. Luna Loyalty Cards may assign, transfer or sublicense all or any of Luna Loyalty Cards’s rights or obligations under these Terms without restriction. The failure of Luna Loyalty Cards to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Luna Loyalty Cards of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Luna Loyalty Cards will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Contact.
Please contact Luna Loyalty Cards at ksenia@lunaloyaltycards.com with any questions regarding these Terms.
Last Updated: 13/03/2024
This Subscription Agreement (this “Agreement”) contains the terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined below). It is a contract between Luna Loyalty Cards, a sole proprietorship organized under the laws of Ontario, Canada, with a principal business address at 185 Lyon St N, K1R7Y4, Ottawa, ON, Canada (“Luna Loyalty Cards,” “Company,” “we,” “us,” or “our”), and you or the entity or organization that you represent (“Customer” or “you”).
If you are an individual using the Services for your own purposes:
(1) All references to “Customer” refer to you, and
(2) You represent and warrant that you are at least 18 years of age (or have otherwise reached the age of majority where you reside) and that you have the right, power, and authority to enter into this Agreement.
If you are using the Services on behalf of an entity or organization that you represent:
(1) All references to “Customer” are to that entity or organization, and
(2) You represent and warrant that you are at least 18 years of age (or have otherwise reached the age of majority where you reside) and that you have the right, power, and authority to enter into this Agreement on behalf of Customer.
This Agreement becomes binding and effective on Customer upon the earliest of:
(1) When you access or use the Services,
(2) When you click an “I Accept,” “Sign up” or similar button or checkbox referencing this Agreement, or
(3) When you enter into an Order (as defined below) with Luna Loyalty Cards.
1. Orders
This Agreement sets forth the terms pursuant to which Customer may access and use Luna Loyalty Cards’ Services in connection with one or more Orders. Subject to the terms of an Order, the Services will support Customer’s operation of a digital customer loyalty program for the Customer’s business (“Customer’s Environment”).
Subscription Term and Renewal: Subscriptions are offered on a monthly basis. The initial term begins on the subscription start date and renews monthly unless canceled in accordance with this Agreement.
2. Access and Use
2.1 Access Rights. Subject to the applicable Order and this Agreement, Luna Loyalty Cards hereby grants to Customer the right to access and use the Services in accordance with the Documentation during the applicable Order Term for Customer’s Environment.
2.2 License Characteristics. All rights granted under this Section are limited, nonexclusive, and non-transferable (except as otherwise provided in this Agreement).
3. Availability
Luna Loyalty Cards aims to make the Services Available as much as reasonably possible. However, no specific uptime guarantee is provided. Customer’s sole remedy for dissatisfaction with the Availability of the Services is to stop using the Services in accordance with the termination provisions herein.
4. Support
Luna Loyalty Cards will provide support (“Support”) via email. Luna Loyalty Cards commits to respond to each Support request within forty-eight (48) hours of receipt. If Customer is dissatisfied with Support after such response, Customer’s sole remedy is to cease using the Services.
5. Security and Privacy
5.1 Security Measures. Taking into account the nature and types of data processed, Luna Loyalty Cards will employ administrative, physical, and technical measures in accordance with applicable industry practices to protect the Services and prevent accidental loss or unauthorized access, use, alteration, or disclosure of Customer Data under its control. Data may be stored on Digital Ocean servers located in the US and EU. We use SSL encryption and database encryption.
5.2 Privacy Compliance. Luna Loyalty Cards will comply with applicable Canadian privacy laws and, where applicable, the GDPR. The Customer is responsible for providing the necessary consents and notices to its own customers whose data is included in Customer Data.
5.3 Data Collection. Luna Loyalty Cards may process Customer Data, which may include: names, phone numbers, emails, dates of birth, device information (such as devices used to install loyalty cards), whether a loyalty card is installed, number of visits, number of collected stamps, rewards redeemed, and any custom information Customer collects via loyalty card installation forms. Location data may be processed to deliver location-based push notifications.
5.4 Customer Responsibilities. Customer is responsible for properly configuring the Services, securing Customer Credentials, and ensuring compliance with all applicable laws in its use of the Services.
6. Customer Responsibilities and Restrictions
6.1 Customer Obligations. Customer will be solely responsible for:
(a) Customer’s Environment;
(b) Customer Data and Account Data;
(c) Providing any required notices to, and obtaining any required consents from, individuals whose Personal Information is included in Customer Data; and
(d) Using the Services in compliance with all Applicable Laws and this Agreement.
6.2 Restrictions. Customer shall not:
(a) Permit unauthorized access to the Services;
(b) Attempt to gain unauthorized access to the Services;
(c) Reverse engineer or attempt to discover the source code of the Services;
(d) Resell, distribute, or otherwise make the Services available to any third party (except as authorized by this Agreement);
(e) Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
7. Compliance with Applicable Laws
Each Party agrees to comply with all Applicable Laws. Customer is responsible for ensuring it has all necessary rights, consents, and authority under Applicable Laws to provide and process Customer Data through the Services. While Luna Loyalty Cards operates in accordance with Canadian law (and GDPR where applicable), Customer is responsible for ensuring its own compliance with any other local laws and regulations that may apply to its use of the Services, including but not limited to laws governing data privacy, consumer protection, and electronic communications. Customer represents and warrants that it will obtain all necessary consents, provide any required notices, and otherwise meet all legal obligations related to its use of the Services and the data processed therein.
8. Pricing and Fees
8.1 Fees. Customer agrees to pay the agreed monthly fee plus applicable taxes. Payment shall be made via Stripe or any payment method supported by Stripe.
8.2 Payment Processing. By providing payment information, Customer authorizes Luna Loyalty Cards (or its designated payment processor, Stripe) to charge the monthly subscription fee. Customer must keep billing information accurate and current.
8.3 No Refunds. All fees are non-refundable. In the event of cancellation or termination, no prorated refunds or credits shall be provided.
8.4 Price Protection for Existing Subscribers. The monthly subscription fee for Customer’s Services is set at $97 CAD at the time of initial subscription. Should Luna Loyalty Cards increase subscription fees for new customers in the future, Customer’s monthly fee will remain at the $97 CAD rate (or the original rate effective at the time of Customer’s initial subscription), provided Customer’s subscription remains active and uninterrupted. If Customer cancels and later re-subscribes, any then-current subscription fees will apply to the new subscription.
9. Taxes
All Fees are exclusive of applicable taxes. Customer shall be responsible for all taxes, except for those based on Luna Loyalty Cards’ income.
10. Ownership
As between the Parties:
(a) Customer owns all right, title, and interest in Customer’s Environment and Customer Data.
(b) Luna Loyalty Cards owns all right, title, and interest in the Services, Documentation, and Feedback (if any), including all associated Intellectual Property Rights. Except as expressly granted, all rights are reserved by Luna Loyalty Cards.
Luna Loyalty Cards’ name and logo are protected intellectual property. Customer does not acquire any rights to them beyond what is necessary to use the Services under this Agreement.
11. Confidentiality
Each Party will maintain the confidentiality of the other Party’s Confidential Information and not use or disclose it except as permitted by this Agreement or required by law.
12. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LUNA LOYALTY CARDS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LUNA LOYALTY CARDS MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
13. Limitations of Liability
13.1 No Liability for Customer’s Use. Luna Loyalty Cards has no liability for how Customer or Customer’s end-users use the loyalty cards or the data collected.
13.2 No Liability for Upstream Providers. Luna Loyalty Cards relies on upstream providers (including third-party software and hosting). Luna Loyalty Cards shall not be liable for any data breach, data leak, service interruption, or other issue caused by these third-party providers.
13.3 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13.4 Cap on Liability. IN NO EVENT SHALL LUNA LOYALTY CARDS’ TOTAL LIABILITY EXCEED THE FEES PAID BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Term and Termination
14.1 Term. This Agreement continues until terminated as provided herein.
14.2 Cancellation by Customer. To cancel, Customer must provide fourteen (14) days’ written notice prior to the end of the current monthly term. Failure to provide such notice will result in automatic renewal for the following month.
14.3 Termination by Company. Luna Loyalty Cards may terminate this Agreement immediately if Customer fails to pay fees when due or otherwise materially breaches the Agreement.
14.4 Effect of Termination. Upon termination, Customer’s access to the Services ceases. No refunds will be provided.
15. Indemnification
Customer shall indemnify and hold harmless Luna Loyalty Cards from any claim arising from Customer’s use of the Services, Customer Data, or violation of this Agreement.
16. Dispute Resolution and Governing Law
This Agreement and any disputes arising under it shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the courts located in Ottawa, Ontario.
17. Publicity
Luna Loyalty Cards may include Customer’s name and logo in its customer lists, on its website, and in promotional materials. Customer may opt out by providing written notice.
18. Notices
Notices must be in writing and sent to the physical or email addresses associated with the Parties. Luna Loyalty Cards’ notice address is 185 Lyon St N, 3015, K1R7Y4, Ottawa, ON, Canada and email: ksenia@lunaloyaltycards.com.
19. Assignment
Customer may not assign this Agreement without Luna Loyalty Cards’ prior written consent.
20. Independent Parties; No Third-Party Beneficiaries
The Parties are independent contractors. This Agreement does not create any third-party beneficiary rights.
21. Force Majeure
Neither Party shall be liable for delays or failures caused by events beyond their reasonable control (Force Majeure Events).
22. Miscellaneous
This Agreement, together with any Orders, and the AUP, is the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, communications, and agreements relating to its subject matter. Any waiver or modification must be in writing. If any provision is held invalid, the remainder will remain in effect.
23. Changes to this Agreement
Luna Loyalty Cards may modify this Agreement by posting a revised version at the URL referenced herein. Continued use of the Services after updates are posted constitutes acceptance of the updated terms.
24. Definitions
Capitalized terms not otherwise defined in this Agreement shall have the respective meanings assigned to them in this Section 24 or elsewhere in this Agreement.
“Account Data” means information about Customer that Customer provides to Luna Loyalty Cards in connection with the creation or administration of its Luna Loyalty Cards account, such as first and last name, user name, and email address of an Authorized User or Customer’s billing contact. Customer shall ensure that all Account Data is current and accurate at all times and shall not include Sensitive Information in Account Data.
“Affiliate” means, with respect to a Party, a business entity that directly or indirectly controls, is controlled by, or is under common control with, such Party.
“Applicable Laws” means any and all governmental laws, rules, directives, regulations, or orders that apply to a Party’s performance under this Agreement.
“AUP” means Luna Loyalty Cards’ standard Acceptable Use Policy, currently available at https://app.lunaloyaltycards.com/promo/gdpr/acceptable-use-policy.
“Authorized User” means an individual employee, agent, or contractor of Customer or a Participating Affiliate for whom subscriptions to Services have been purchased and who has been supplied user credentials for the Services.
“Available” or “Availability” means the Services are available for access and use over the Internet.
“Customer Data” means any data, information, or material that Customer submits to the Services, including Personal Information about end-users or customers.
“Documentation” means Luna Loyalty Cards’ standard user documentation for the Services, currently available at https://app.lunaloyaltycards.com/promo/gdpr.
“Feedback” means suggestions or other feedback relating to the Services or Documentation provided by Customer to Luna Loyalty Cards.
“Personal Information” means information relating to an identified or identifiable natural person that is protected by Applicable Laws where the individual resides.
“Pricing Page” means the publicly available web page(s) where Luna Loyalty Cards publishes its list prices for Services, currently available at https://app.lunaloyaltycards.com/promo#pricing.
“Privacy Policy” means Luna Loyalty Cards’ standard Privacy Policy, currently available at https://app.lunaloyaltycards.com/promo/gdpr/privacy-policy.
“Process” or “Processing” means to perform an operation on data, including to store, transmit, record, organize, structure, adapt, or alter.
“Sensitive Information” means categories of Personal Information that require heightened protection under Applicable Laws, such as government-issued IDs, financial account data, health data, or other similar information. Customer agrees not to provide Sensitive Information to Luna Loyalty Cards.
“Service Plan” means the packaged plan and features for the Luna Loyalty Cards service, as set forth on the Pricing Page.
“Services” means the hosted loyalty card software services provided by Luna Loyalty Cards, including access to its loyalty card management and customer engagement platform.
“Support” means Luna Loyalty Cards’ standard customer technical support, currently provided exclusively via email.
BY SUBSCRIBING TO AND/OR USING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS AGREEMENT.
Terms of Use
Welcome to https://app.lunaloyaltycards.com (together with any related websites, the “Site”). The Site is owned and operated by Luna Loyalty Cards, Inc. (“Luna Loyalty Cards”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).
You represent to Luna Loyalty Cards that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Luna Loyalty Cards are collectively referred to as the “Parties” and each is a “Party”.
1. Subscription Agreement.
These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Luna Loyalty Cards. If you are accessing or using the Service, then you are subject to Luna Loyalty Cards’s Subscription Agreement (currently available at https://app.lunaloyaltycards.com/promo/gdpr/subscription-agreement, or such other written contract as may be separately agreed and signed between you and Luna Loyalty Cards.
2. Luna Loyalty Cards Content.
The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Luna Loyalty Cards or its licensors (“Luna Loyalty Cards Content”). The Site (including the Luna Loyalty Cards Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Luna Loyalty Cards, Luna Loyalty Cards owns and retains all rights in the Site and the Luna Loyalty Cards Content. Luna Loyalty Cards hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Luna Loyalty Cards Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Luna Loyalty Cards in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Luna Loyalty Cards Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Luna Loyalty Cards Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Luna Loyalty Cards Content.
3. Trademarks.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Luna Loyalty Cards or other third parties. You are not permitted to use these Marks without the prior written consent of Luna Loyalty Cards or such third party.
4. Third-Party Services.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Luna Loyalty Cards, and you do so at your own risk. Luna Loyalty Cards is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Luna Loyalty Cards is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.
5. Privacy.
Please review Luna Loyalty Cards’s Privacy Policy for the Site (“Privacy Policy”), available at https://app.lunaloyaltycards.com/promo/gdpr/privacy-policy, to learn about Luna Loyalty Cards’s information collection, usage and disclosures practices with respect to information collected by Luna Loyalty Cards through the Site.
6. Acceptable Use.
Your use of the Site is subject to Luna Loyalty Cards’s Acceptable Use Policy available https://app.lunaloyaltycards.com/promo/gdpr/acceptable-use-policy Luna Loyalty Cards is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Luna Loyalty Cards at ksenia@lunaloyaltycards.com.
7. Compliance with Laws.
You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Luna Loyalty Cards software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Luna Loyalty Cards software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
8. Global Availability.
Luna Loyalty Cards controls the Site from Delaware, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Luna Loyalty Cards makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
9. Indemnity.
You agree to defend, indemnify and hold harmless Luna Loyalty Cards, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Luna Loyalty Cards policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
10. Disclaimers.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY LUNA LOYALTY CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LUNA LOYALTY CARDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER LUNA LOYALTY CARDS’S CONTROL.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL LUNA LOYALTY CARDS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL LUNA LOYALTY CARDS’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Responsibility for End Users.
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.
13. Termination and Monitoring.
13.1. If you violate these Terms, Luna Loyalty Cards may suspend or terminate your use of the Site. Luna Loyalty Cards’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Luna Loyalty Cards believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Luna Loyalty Cards, its customers or third parties.
13.2. Luna Loyalty Cards reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Luna Loyalty Cards has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Luna Loyalty Cards finds to be in violation of these Terms. Luna Loyalty Cards may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Luna Loyalty Cards also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.
14. Electronic Communications.
When you visit the Site or send emails to Luna Loyalty Cards, you are communicating with Luna Loyalty Cards electronically; and you consent to receive communications from Luna Loyalty Cards electronically. Luna Loyalty Cards will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Luna Loyalty Cards provides to you electronically satisfy any legal requirement that such communications be in writing.
15. Modifications.
Luna Loyalty Cards may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.
16. Governing Law.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Castlew County, State of Delaware, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
17. Miscellaneous.
These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Luna Loyalty Cards. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Luna Loyalty Cards’s express prior written consent. Luna Loyalty Cards may assign, transfer or sublicense all or any of Luna Loyalty Cards’s rights or obligations under these Terms without restriction. The failure of Luna Loyalty Cards to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Luna Loyalty Cards of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Luna Loyalty Cards will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Contact.
Please contact Luna Loyalty Cards at ksenia@lunaloyaltycards.com with any questions regarding these Terms.