These Terms of Service (“Terms”) govern the use of the child text/online activity monitoring service (the “Service”) made available by Activity Monitor Internet Teknolojileri Limited Şirketi. (“Luna”).
You acknowledge, understand and agree that:
you are subscribing to the Service, agreeing to the Terms and giving the undertakings and consents contained herein on behalf of your own child(ren) or legal dependent(s), being minor children or disabled adult(s) placed under your protection, as legal guardian, by a court or appropriate government authority (your “Dependent(s)”), whose activity will be monitored by the Service, as a subscriber thereof;
you shall, in your personal capacity, be bound by the provisions contained in Sections 2, 3(a), (b) and (c), 4 (a) and (b) and 5 to 19 in so far as they expressly relate to you; and
in respect of each Dependent who subscribes for the Service and on behalf of whom a Covered Account is created in accordance with Section 1 of these Terms (a “Subscriber”), an independent and separate contract on these Terms will arise between such Subscriber, you and Luna.
To agree to these Terms, both on behalf of the Subscriber(s) as well as in your personal capacity, click “I Agree” where indicated in the registration process for the Service.
Please note that the use of the https://lunafamily.us website or related applications (the “Site”) indicates that you and the Subscriber agree to be bound by our Website Terms of Use. If you and/or the Subscriber(s) reside in a country other than the United States, the associated “State-Specific Provisions” set out in Section 18 below shall apply to you and the Subscriber, which may amend or replace certain of the provisions contained in these Terms to the extent of any conflict or inconsistency.
1.Introduction. The Service is a tool operated by Luna which provides you, as the Subscriber’s parent or legal guardian (“Parent”, “you”, “your”) with email and/or online notification alerts for screen time.
2.Subscription, Cancellation and Refund Policy. The Service is offered on a subscription basis only. On behalf of the Subscriber, you may choose a monthly subscription or a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged each month to a credit card or payment account registered with Luna. If you choose the yearly subscription, a yearly subscription fee is charged each year to a credit card or payment account registered with Luna. Where multiple Subscribers share the same Parent, only one subscription fee shall be payable in respect of all such Subscribers (“Family Subscribers”). The current monthly or yearly fees and more details about the Service is listed here. The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. Luna may invoice You for Taxes it is required to withhold and You will pay that amount unless You provide Luna with a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriptions are either month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, or year-to-year (for the yearly subscription) and automatically renew at the end of each year for the next succeeding year, unless you cancel the subscription on behalf of the Subscriber. To cancel the subscription at any time, please navigate to the “Account” page on our Site. Upon cancellation, the Service for all Subscribers will terminate immediately and Luna will cease any further review of the relevant Covered Account(s). No refunds are provided.
3.Registration
3.1.General. In order to subscribe to the Service a Subscriber must be represented by his/her parent or legal guardian who must be 18 years or older, and who will subscribe for the Service on the Subscriber’s behalf.
3.2.Parent or Legal Guardian. You may register only your own child or children and/or legal Dependent(s) to be monitored under such Dependent’s subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the Subscriber specified for any Covered Account to be monitored by the Service. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the Service on behalf of your Subscriber to be monitored under the subscription to the Service provided: (i) you have obtained his/her prior, written consent to do so, (ii) you notify Luna of such request in accordance with the notice provision herein, and (iii) you obtain Luna’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of Luna. You acknowledge and agree that your indemnity obligations under Section 11 hereof will apply to your and each Subscriber’s use of the Services to monitor information in violation of this Section 3.b.
3.3.Covered Accounts. Upon registration, you must (1) identify each Subscriber to be monitored by the Service and (2) provide some location information. You must also provide the name of the third-party service (such as Whatsapp, Telegram or other Messaging Services). In respect of his/her Covered Account, the Subscriber expressly authorizes Luna and its Service Providers (as defined in Section 12 below) without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store all online interactions and other communications to and from the Covered Account and (ii) compile and transmit alerts to the Parent as contemplated in Sections 1, 6 and 7. Use of the Service is limited to the United States and those other countries and/or territories identified in Section 18 below. Any use of the Services outside of such countries and/or territories is strictly prohibited.
3.4.Minimum Age Requirements of Third-Party Platforms. The Subscriber expressly acknowledges that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the Subscriber and Luna, compliance with any such age requirement is the Subscriber’s sole responsibility.
4.Collection of Subscriber’s Information
4.1. Information. During registration for the Service, Luna will collect the name and date of birth of the Subscriber associated with a Covered Account. In connection with providing the Service thereafter, Luna will access and monitor communications to and from such Covered Account, which you and the Subscriber understand and agree may include communications by or from other minor children.
4.2. Consent. You and the Subscriber expressly consent to the following:
a) Luna’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account. In furtherance of the foregoing, for the Service, you must provide a credit card, debit card, or other online payment system (your “Payment Mechanism”) to Luna that provides notification of each discrete transaction to you, as well as an email address or telephone number to be used to contact you.
b) Luna’s collection and processing of information in accordance with its Privacy Policy, located at: https://www.lunafamily.us/privacy, or such other URL as may be provided by Luna from time to time.
5.Privacy of Minors. Questions about Luna’s policies or use of information from children under the age of 13 can be directed to Activity Monitor Internet Teknolojileri Limited Şirketi. at info@lunafamily.us. You may terminate Luna’s access, monitoring, collection and/or review of any Covered Account by terminating the Subscriber’s subscription by opening settings "Subscriptions" on your store settings. The Site and Services do not offer any in-application purchases to children under the age of 13.
6.Payment. At the time of registration of the first Family Subscriber, you authorize Luna to charge your Payment Mechanism with the amount of the subscription fee on a monthly basis (or annual basis, as determined by the payment plan selected) until the subscription is cancelled in respect of all Family Subscribers.
You can terminate your membership at any time, by verbal or written notification to our Company through the above-mentioned communication channels, without giving any reason and without paying any penalty; Likewise, our Company may terminate/suspend memberships for various reasons.
7.Alerts. Luna will endeavor to send alerts by push notification to your mobile device(s) (if properly configured). You are required to maintain your notifications on and bear all risks associated with providing Luna with inoperable or incorrect contact information.
8.Third Party Information. You undertake to permanently and irretrievably request that Luna delete any alert containing personal information about any third party, immediately (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.
9. Disclaimers. YOU AND THE SUBSCRIBER EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i)ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
LUNA DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
LUNA MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICE WILL PROTECT ANY SUBSCRIBER OR THIRD PARTY FROM HARM;
ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM LUNA’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
LUNA DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE; AND
IF YOU AND/OR THE SUBSCRIBER ARE DISSATISFIED WITH THE SERVICE, THE SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
10.Changes to these Terms. Luna may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you and the Subscriber agree to be bound by such modifications.
11.Proprietary Rights.
Luna is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Service, and is the copyright owner or licensee of all content and/or information provided to you through the Service, unless otherwise indicated. Except as otherwise provided herein, use of the Service does not grant you a license to any content, features or materials you may access through the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us.
If you and/or the Subscriber make use of the Service other that as provided herein, in doing so you and/or the Subscriber may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Service.
The information on the Service, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Luna or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Luna logos and service names are trademarks of Luna (the “Luna Marks”). Without our prior permission, you and the Subscriber agree not to display or use Luna Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Luna Mark without our prior written consent.
12. Indemnity.You and the Subscriber agree to defend, indemnify and hold Luna, its directors, officers, employees, agents, affiliates and Service Providers (as defined below) harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your and the Subscriber’s use of the Service, your and/or the Subscriber’s violation of the Terms or the posting or transmission of any materials on or through the Service by you and/or the Subscriber, including, but not limited to, any third party claim that any information or materials you or the Subscriber provide infringes any third party proprietary right, or the unlawful use or disclosure by you and/or the Subscriber of any third party personal information obtained via any alert received from Luna. For purposes of these Terms, the term “Service Providers” refers collectively to Luna’s affiliates, resellers, referral partners, content providers and service providers who provide services to Luna in connection with its marketing, sale or provision of the Services, as well as any other third-party that is authorized by Luna to distribute Luna products and/or Services on a stand-alone basis or integrated into a third-party device.
13.Limitations of Liability. IN NO EVENT SHALL LUNA, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF LUNA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR AND/OR THE SUBSCRIBER’S USE OF THE SERVICE EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO LUNA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND/OR THE SUBSCRIBER.
14.Compliance with Law. You and the Subscriber agree to comply with all applicable laws, rules and regulations in connection with your and the Subscriber’s use of the Service. Without limiting the generality of the foregoing, you and the Subscriber agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you and the Subscriber reside.
15. Applicable Law/Jurisdiction. You and the Subscriber agree that the laws of the State of Georgia, in the United States, excluding its conflicts-of-law rules, shall govern these Terms, except as otherwise set forth in the State-Specific Provisions (to the extent applicable to you or the Subscriber). Please note that your and the Subscriber’s use of the Service or the Site may be subject to other local, state, national, and international laws. You and the Subscriber expressly agree that exclusive jurisdiction for resolving any claim or dispute with Luna or relating in any way to your and/or the Subscriber’s use of the Service resides in the state and federal courts of Fulton County, Georgia, and you and the Subscriber further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Fulton County, Georgia.
16.Class Arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
17.Miscellaneous.
You and the Subscriber agree that no joint venture, partnership, employment, or agency relationship exists between Luna, the Subscriber and you as a result of these Terms or your and the Subscriber’s use of the Service.
Any claim or cause of action you or the Subscriber may have with respect to Luna must be commenced within one (1) year after the claim or cause of action arose.
The failure of Luna to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Neither you nor the Subscriber may assign the Terms or any of your respective rights or obligations under the Terms without Luna’s express written consent.
The Terms inure to the benefit of Luna’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Except for the provisions benefiting Luna’s Service Providers in Section 12 hereof, which provisions shall be directly enforceable by Luna Service Providers, or as otherwise specifically set forth herein, the provisions of these Terms do not confer any rights or remedies upon any person or entity other than you, the Subscriber and Luna and our respective successors and permitted assigns.
18. State-Specific Provisions
1. South African Terms. If you and/or the Subscriber(s) reside in the Republic of South Africa, the additional terms set out in this Section 18.1 (the “SA Terms”) shall apply to you and the Subscriber, which may amend or replace certain of the provisions contained in these Terms to the extent of any conflict or inconsistency, and shall be deemed to form part of these Terms.
18.1.a Definitions. Unless the context clearly indicates otherwise, in these SA Terms the following expressions shall have the meanings given to them hereunder and similar or equivalent expressions shall have corresponding meanings:
1.“Personal Information” means, in relation to POPIA, information relating to a living natural person, or juristic person and includes, but is not limited to:
2.contact details such as email addresses, telephone numbers and business or residential addresses;
3.demographic information such as age, sex, marital status, race, birth date and ethnicity;
4.historical information such as employment, financial, educational, and criminal;
5.private correspondence; and
6.private activities such as data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of voice or data transmissions and other data necessary for the establishment, billing or maintenance of the transmission);
7.“POPIA” means the Protection of Personal Information Act 4 of 2013, as amended from time to time;
8.“Process” or “Processing” means the handling of Personal Information (as contemplated in POPIA) which includes the collection, use, storage, dissemination, modification or destruction thereof regardless of whether such Processing is automated or not; and
9.“RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.
2.Collection, Processing and Storage of Personal Information
In terms of POPIA, Luna has a legal duty to Process the Parent’s and the Subscriber’s Personal Information in a lawful, legitimate and responsible manner. To do so, Luna requires the express and informed permission of the Parent and the Subscriber to Process his/her respective Personal Information.
The reason for Luna requiring access to the Parent’s and Subscriber’s Personal Information is to enable it and its Service Providers to:
verify the identity of the Parent and the Subscriber;
conclude a tripartite contract with the Parent and the Subscriber, fulfill its obligations and exercise its rights in terms thereof, including but limited to, the functions of:
monitoring the Subscriber’s online activity for the purpose of compiling and providing the Parent with push alerts when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in email or text messages and/or interactions with designated social media sites or websites involving the Subscriber; and
administering and billing required in terms of the SA Terms;
comply with the applicable legislation in the Republic of South Africa; and
keep records and to report to regulatory authorities in accordance with applicable laws in the Republic of South Africa.
All Personal Information which the Parent and the Subscriber provide to Luna will be held and/ or stored in a secure manner for the purpose of enabling Luna to deliver the Service to the Subscriber in accordance with the Luna Terms.
The Subscriber’s Personal Information will be stored electronically in a database. To improve the overall quality of the Service and support thereof, the aforementioned database will be accessible to Luna’s appointed Service Providers.
Where appropriate or required by law, certain Personal Information may be retained in hard copy. Storage will be secured and audited regularly to ensure the safety and the security of the information stored therein.
Once the Parent’s and/or the Subscriber’s Personal Information is no longer required, it will be safely and securely archived for the minimum period permissible by law. Thereafter, all such Personal Information will be permanently deleted or destroyed.
In terms of section 11(3) of POPIA, the Parent and the Subscriber have the right to object, within the prescribed manner, to the Processing of his/her Personal Information by Luna. Section 11(1)(d) to (f) provides for reasonable grounds upon which such an objection may be raised, unless South African legislation otherwise provides for such Processing. Upon receipt of an objection, Luna shall be prevented from Processing such Personal Information until such time as the objection raised has been resolved and/or withdrawn by the Parent or the Subscriber, as the case may be.
The provisions of POPIA require that the Personal Information and related details supplied by the Parent and the Subscriber to Luna must be complete, accurate and up to date. It is the responsibility of the Parent and the Subscriber to advise Luna of any changes to their Personal Information, as and when such change arises.
Subject to a request complying with the procedural requirements stipulated in section51 Promotion of Access to Information Act 2 of 2000, the Subscriber has the right to request Luna to provide it with the following information:
the details of any Personal Information held by Luna on the Parent’s or Subscriber’s behalf; and
the details of how Luna has Processed the Parent’s and the Subscriber’s Personal Information.
3.Parent And Subscriber Declaration
The Parent (on his/her own behalf and on behalf of each Subscriber) declare that:
all Personal Information supplied to Luna, for the purposes of enabling it to provide the Service to the Subscriber, and related legal and operational reasons is accurate, up-to-date, and comprehensive;
he/she shall immediately advise Luna of any changes to his/her Personal Information as and when this occurs;
he/she has the right to object to the Processing of his/her Personal Information as detailed in Sectionb)vii);
he/she has a right to access his/her Personal Information by giving notice to Luna, as detailed in Sectionb)viii) and to have any errors in such Personal Information rectified;
he/she understands that he/she may, subject to Sectionvi, withdraw the consent given in Sectiond), by giving written notice to this effect to Luna;
he/she understands that the withdrawal of consent contemplated in Sectiond) will not affect the lawfulness of the Processing of Personal Information that occurred before such withdrawal. In addition the following categories of Processing will not be affected:
Processing necessary to carry out actions for the conclusion or performance of the Luna Terms of Service incorporating these SA Terms;
Processing that complies with an obligation imposed upon Luna by South African law;
Processing that protects a legitimate interest of the Parent or the Subscriber, as relevant;
Processing that is necessary for the proper performance of a public duty by a public body; or
Processing that is necessary for pursuing the legitimate interest of Luna or that of a third party to whom the information is supplied to; and
while Luna has developed and implemented internal policies and procedures, designed to protect the confidentiality of the Parent’s and the Subscriber’s Personal Information, the Parent and Subscriber acknowledge that:
Luna cannot be held responsible for the privacy policies and practices in use by any web or internet sites that may be accessed by the Parent or the Subscriber through use of the Service; and
Internet communications are inherently vulnerable unless they have been appropriately encrypted. Accordingly, Luna accepts no responsibility or liability of any nature, whatsoever, should the Parent’s and/or the Subscriber’s Personal Information be intercepted or lost by causes beyond Luna’s reasonable control.
4.Informed Consent Given By The Parent And The Subscriber
4.1 The Parent (acting for him-/herself and on behalf of each Subscriber) freely and voluntarily provide Luna and its Service Providers with permission to Process its Personal Information, in accordance with the provisions of Sections2 and 3 of these SA Terms and of POPIA. The Parent and Subscriber each acknowledge that he/she understands the purposes for which such Personal Information is required and the manner in which it will be Processed, and consents to the Processing thereof.
5. Applicable Law. You and the Subscriber agree that the laws of the Republic of South Africa, excluding its conflicts-of-law rules, shall govern these Terms to the extent you and/or the Subscriber reside in the Republic of South Africa.
19.Notices / Contacting Us. Luna may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to Luna hereunder, should be directed to: Luna Activity Monitor Internet Teknolojileri Limited Şirketi., with a copy to info@lunafamily.us.
© Copyright 2021 by Activity Monitor Internet Teknolojileri Limited Şirketi. All rights reserved.
ALAADDİNBEY MAH. 634. SK. NO: 2 K NİLÜFER/ BURSA/TURKEY