Terms of Use

Lunacal Private Limited owns and provides various sites, services, and software that facilitate online scheduling of appointments (collectively referred to as the "Services") through lunacal.ai and its associated subdomains, mobile applications, and mobile sites (collectively, the "Sites" or "Lunacal Sites"). In these Terms of Service, "Lunacal," "we," or "us" refers to Lunacal Private Limited as specified under the "Contracting Entity and Applicable Law" section.

"You," "your," or "Business" refers to any individual or legal entity, along with its authorized team members, that registers for a Business Account or utilizes the Services available via Lunacal Sites. Lunacal and the Business may be referred to individually as a "Party" and collectively as the "Parties."

By creating an account with Lunacal and accessing the Sites or Services, you confirm that you are authorized to accept these Terms of Service (the "Terms" or "Agreement") on behalf of yourself or the entity you represent. This includes acceptance of our Privacy policy, and compliance with laws and regulations governing Lunacal'`s Services during your Subscription Term. You represent and warrant that you have the authority, capacity, and legal right to enter into this Agreement on behalf of yourself or the entity you represent.

Any use of the Services is subject to these Terms. If you do not agree to all provisions of these Terms, you must not access or use the Sites or Services. Continued use of the Services constitutes your agreement to be bound by these Terms.

Lunacal reserves the right to modify, update, or amend these Terms at its sole discretion at any time, with or without prior notice. Updated Terms will be posted on the Lunacal Sites or sent to your registered email address. It is your responsibility to periodically review these Terms for changes. Your continued use of the Services after any updates are posted signifies your acceptance of the revised Terms.

By using Lunacal'`s Services, you agree to use them solely for the purposes advertised on the Lunacal Sites. These purposes include promoting your business and facilitating online appointments from End Users. You warrant that:

• You represent a valid business intending to use the Services for legitimate purposes.
• The contact information you provide, such as email addresses and phone numbers, is accurate and active.

Failure to adhere to this section may result in termination of your account. We reserve the right to pursue any legal or equitable remedies for any breach of this section.

• Aggregate Data: Refers to anonymized, aggregated Business Data used solely for statistical purposes and to enhance the functionality and performance of the Services.
• Lunacal Data: Proprietary information belonging to Lunacal, including non-public details about the features, functionality, and performance of the Services.
• Business: Any individual or legal entity, along with its authorized users, that subscribes to or utilizes Lunacal'`s Services to engage with their End Users.
• Business Account: The account created by a Business through Lunacal Sites to access the Services, either through a trial or paid subscription.
• Business Data: Proprietary information of the Business, including non-public electronic data provided by the Business to Lunacal for the use of the Services.
• Personal Information in Business Data: Any information that identifies or can be used to identify an individual, such as names, email addresses, phone numbers, and other details provided to Lunacal in connection with the Services.
• Content: Includes materials such as text, software, data, images, graphics, photos, audio, video, and any other content provided by Lunacal.
• End User: Refers to individuals who schedule or book appointments through the interfaces provided by Lunacal Sites.
• End User Data: Any data, including Personal Information, submitted by End Users while scheduling or booking appointments with a Business through Lunacal Services.
• End User Account: Refers to accounts created by End Users through Lunacal'`s interfaces for interacting with Businesses.
• Staff: Individual employees or agents of a Business authorized to use the Services on behalf of the Business.

These Terms of Service govern your use of the Services, including, but not limited to, the process by which consumers schedule appointments with you and your management of those appointments through the Services. By accessing or using the Services, you agree to these Terms of Service and consent to the terms outlined in the Lunacal Privacy Policy.

The End User acknowledges that, apart from their limited use of Lunacal Sites to book and schedule appointments with a Business under this End User Agreement, there is no direct or legal relationship between Lunacal and the End User. All matters related to payments, refunds, or cancellations for services provided by the Business to the End User shall be managed directly between the Business and the End User, in accordance with the terms and conditions agreed upon between them.

Lunacal shall bear no responsibility for the commercial or legal relationship between the Business and the End User.

You agree to pay all fees and charges as outlined on the Lunacal website and/or in these Terms of Service. You confirm that the address and email address provided in your account settings are valid business addresses, and Lunacal may send invoices to these addresses.

All charges invoiced by Lunacal are exclusive of taxes, levies, or duties imposed by applicable authorities. You are responsible for paying all such taxes, levies, or duties, except for taxes based solely on Lunacal'`s income under the laws of India. All fees paid to Lunacal under these Terms of Service are non-refundable.

Lunacal reserves the right to modify fees or pricing terms at any time at its discretion. Any changes will be posted on the Lunacal website and take effect immediately.

PAYMENT AUTHORIZATION AND INVOICING:

Lunacal will invoice you monthly, in advance, for all amounts due. Each invoice will specify the fees applicable for the upcoming month of your Subscription Term (a "Lunacal Invoice").

"Subscription Term" refers to the period during which your Business subscribes to the Services, as specified at the time of subscription.

By providing credit card or other payment information during registration or at any point thereafter, you confirm that the payment method is valid and authorized. You also authorize Lunacal to charge the provided payment method for all amounts due under Lunacal Invoices.

NONPAYMENT:

If Lunacal charges your credit card or payment gateway and the payment fails, Lunacal reserves the right to suspend your access to the Services. If the applicable invoice remains unpaid for more than 10 days after the suspension date, or if you fail to negotiate a payment plan for the outstanding balance, Lunacal reserves the right to cancel your account.

Upon account cancellation due to non-payment, all unpaid amounts owed to Lunacal for use of the Services will become immediately due and payable. In such cases, Lunacal reserves the right to pursue any legal remedies available to recover the unpaid amounts.

DISPUTED CHARGES

If you wish to dispute any charge invoiced by Lunacal, you must notify us within 5 business days of the charge being applied to your credit card or payment gateway. Disputes may be submitted via email. Lunacal will review your submission and work with you to resolve the issue promptly.

We grant you a license to use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. All rights not expressly granted under these Terms of Service are reserved.

Lunacal retains all rights, including but not limited to copyrights, patents, trade secrets, trademarks, and service marks associated with the Services (collectively, the "Lunacal Intellectual Property"), which are the exclusive property of Lunacal and/or its licensors. No rights in or to the Lunacal Intellectual Property are transferred to you under these Terms.

Neither Party will acquire any right, title, or interest in the Intellectual Property of the other Party.

Content within the Services that includes or incorporates Lunacal Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or exploited in any way without prior written consent from Lunacal or the rightful owner, as applicable.

Each Party acknowledges that the other Party may disclose business, technical, or financial information relating to its operations ("Confidential Information"). Both Parties agree not to disclose or use the other Party's Confidential Information except as follows:

• As reasonably necessary to fulfill their obligations or exercise rights under this Agreement;
• With prior written consent from the disclosing Party; or
• As required by law, court order, or other governmental authority or regulation.

Each Party agrees to safeguard the other Party's Confidential Information with the same degree of care it uses to protect its own Confidential Information of a similar nature, but in no event less than a commercially reasonable standard of care.

Confidential Information does not include information that:

• Becomes publicly known without breach of any obligation owed to the disclosing Party;
• Was known to the receiving Party before disclosure, without breach of any obligation owed to the disclosing Party;
• Is independently developed by the receiving Party without breach of any obligation owed to the disclosing Party; or
• Is lawfully received from a third party without breach of any obligation owed to the disclosing Party.

For clarity, nothing in this Section restricts Lunacal from using Lunacal Data or Aggregated Data as outlined in this Agreement.

By using Lunacal, you grant us permission to feature your name and logo in our promotional material as a Lunacal customer.

Responsibility for Business Data

The Business is solely responsible for collecting, inputting, and updating all Business Data while using the Services. The Business must ensure the accuracy, quality, integrity, legality, reliability, and appropriateness of the Business Data. The Business warrants that the Business Data will not:

• Infringe or misappropriate any third party's copyright, trade secret, trademark, or other intellectual property rights; or
• Contain anything that is obscene, defamatory, harassing, offensive, or malicious.

Ownership and Liability

Lunacal does not claim ownership of Business Data submitted through the Services and is not responsible for the deletion, correction, destruction, damage, loss, or failure to store any Business Data.

Indemnification

The Business agrees to indemnify and hold Lunacal, its subsidiaries, and affiliates harmless from any damage, loss, claim, demand, or cause of action arising from issues related to Business Data, including but not limited to its deletion, damage, use, or misuse. This indemnification excludes instances where Lunacal is solely responsible for deletion or damage unrelated to the Business's breach of this Agreement.

The Business acknowledges and agrees that Lunacal's performance of this Agreement may require Lunacal to process, transmit, and/or store personal data included in Business Data, including Personal Information of the Business's employees. By submitting such personal data to Lunacal, the Business grants permission for Lunacal to process, transmit, and/or store this data solely to the extent necessary to fulfill its obligations under this Agreement.

The Business is responsible for acting as the data controller, while Lunacal acts as the data processor (or equivalent roles as defined by applicable laws) concerning all personal data provided by or through the Business. Both Parties agree to comply with all applicable data protection laws and regulations governing the processing of personal data.

Payment Gateway Integration

If the Business chooses to use the Payment Gateway integration features of the Services, the following additional terms apply:

• Where the Services interface with the Business's Payment Gateway account, Lunacal is not a party to any transactions conducted between the Payment Gateway and the Business.
• Lunacal does not process payment card or other financial data associated with such transactions.
• Lunacal is not responsible for the security of any payment card data submitted to the Services by third parties.
• The Business is strongly advised to review and comply with the Terms of Service of any Payment Gateway they intend to use in connection with the Services.

Termination by the Business

You may terminate your Lunacal account at any time by ceasing to use the Services. Any fees paid for the Services up to the date of termination are non-refundable.

Termination for Cause

Either Party may terminate this Agreement for cause: (i) By providing thirty (30) days' written notice of a material breach to the other Party, if such breach remains uncured at the end of the notice period. The non-defaulting Party may then terminate the Agreement with immediate effect. (ii) With immediate effect if the other Party becomes the subject of bankruptcy proceedings or any other insolvency-related event, such as receivership, liquidation, or assignment for the benefit of creditors. Effect of Termination Upon termination of your use of the Services for any reason: Your rights to access and use any part of the Services will immediately cease. You must remove all Content from your hard drives and other storage media and destroy all copies of the Content in your possession.

Effect of Termination

Upon termination of your use of the Services for any reason: Your rights to access and use any part of the Services will immediately cease. You must remove all Content from your hard drives and other storage media and destroy all copies of the Content in your possession.

Provision of Services

Subject to these Terms of Service, Lunacal agrees to:

• Provide the Services to the Business and grant the Business a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services in accordance with the terms of the applicable Subscription Plan, solely for the Business's internal business purposes.
• Offer commercially reasonable technical support via email or other designated methods, as outlined in the Business's Subscription Plan.

Limitations on Support Obligations

Lunacal is not obligated to provide assistance or support, including but not limited to error corrections, upgrades, updates, bug fixes, enhancements, or other forms of technical assistance, beyond what is specified in the Subscription Plan.

User Submissions

Lunacal is not responsible for the storage or deletion of any User Submissions. Lunacal reserves the right, at its discretion, to remove any User Submissions or terminate a user account without explanation or cause.

Monitoring of Service Usage

Lunacal may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Service, meet legal requirements, or safeguard our rights and the rights of others.

You agree to indemnify, defend, and hold harmless Lunacal Private Limited, its parent organizations, affiliates, subsidiaries, officers, directors, employees, agents, attorneys, and contractors (collectively, "Lunacal Indemnitees") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or in connection with:

Business Data and Use of Services

• Claims alleging that the use of Business Data provided by you infringes upon, misappropriates, or violates the rights of a third party;
• Claims resulting from the unauthorized use, misuse, or modification of the Services by you or your authorized users.

Violation of Terms or Law

Claims alleging that your actions, omissions, or use of the Services violate applicable laws, regulations, or third-party rights, or breach your representations and warranties under this Agreement.

Breach of Agreement

Claims arising out of or related to your breach of this Agreement, including but not limited to any breach of your representations and warranties.

LUNACAL PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (COLLECTIVELY, "LUNACAL PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• Service Content and Errors: Errors, mistakes, or inaccuracies in the content of the Services.
• Personal Injury or Property Damage: Any personal injury or property damage resulting from your use of the Services.
• Unauthorized Access or Breach: Unauthorized access to or use of Lunacal servers and/or any personal information stored within.
• Service Interruptions: Interruptions or cessation of transmissions to or from the Services, or interoperability issues.
• Viruses and Malicious Code: Bugs, viruses, Trojan horses, or other harmful code transmitted through the Services by any third party.
• Errors or Omissions: Errors or omissions in any content provided through the Services.
• User Submissions and Third-Party Conduct: User submissions or the defamatory, offensive, or illegal conduct of any third party.
• Service Usage or Inability: Your inability to use any portion of the Services or any loss or damage, including loss of data, resulting from your use of the Services.

This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and regardless of whether Lunacal has been advised of the possibility of such damages.

Maximum Liability

To the fullest extent permitted by law, Lunacal's total liability to you for any damages arising from any cause will not exceed the amount of your last payment for the Services that caused such damages.

Your only remedy for any dispute with Lunacal is to stop using the Services.

The Services are provided on an "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" basis. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. Lunacal does not guarantee uninterrupted access to the Services, that the Services will be available at all times or locations, that Lunacal will have adequate capacity for all users, or that the Services will operate with your equipment or meet your requirements.

TO THE FULLEST EXTENT PERMITTED BY LAW, LUNACAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND SUITABILITY.

Lunacal makes no warranties or representations regarding the content of any third-party sites linked to the Services. Lunacal does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website, nor will Lunacal be a party to or in any way responsible for monitoring any transaction between you and third parties.

You are solely responsible for ensuring compliance with all applicable local laws in your use of the Services.

Both parties consent to the exclusive jurisdiction and venue of the courts located in Bengaluru, Karnataka, India, for all disputes arising out of or relating to the use of the Services.

These Terms of Service, along with any other legal policies posted on the Lunacal Sites, including the Privacy Policy, Data Processing Agreement, constitute the entire agreement ("Service Agreement") between Lunacal and you regarding your use of the Services.

If any provision of these Terms is deemed illegal or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to make it enforceable while maintaining its original intent. If modification is not possible, the provision will be severed, and the remaining provisions of these Terms will remain in full effect.

Section headings are included for convenience only and hold no legal significance.