Welcome to LunarSend ("we," "us," or "our"), a customer relationship management (CRM) and email engagement platform ("Service"). By accessing or using the Service, you ("you," "your," or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you may not access or use the Service. These Terms apply to all users, including individuals, businesses, or other entities using the Service.
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.
To use the Service, you must create an account by providing accurate, complete, and up-to-date information, including your name, email address, and other required details. You agree to update your account information promptly if it changes.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at support@lunarsend.com of any unauthorized access or use of your account. You are responsible for all activities that occur under your account, whether authorized by you or not.
You may invite other users ("Team Members") to access the Service under your account. You are responsible for ensuring that Team Members comply with these Terms, and you will be liable for any actions taken by Team Members under your account.
We reserve the right to suspend or terminate your account at our sole discretion, with or without cause or notice, for any violation of these Terms, including but not limited to abusive, fraudulent, or unlawful activity.
You may use the Service to send emails in compliance with all applicable laws, including but not limited to the CAN-SPAM Act, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other data protection or anti-spam regulations.
You agree not to use the Service to:
Send unsolicited commercial emails (spam), phishing emails, or any unlawful communications.
Send emails that harass, abuse, threaten, or harm others.
Transmit malware, viruses, or any harmful code.
Impersonate another person or entity or engage in deceptive practices.
The Service may integrate with third-party platforms, such as Gmail or Outlook, to send emails on your behalf. You authorize us to use these integrations in accordance with your instructions and applicable third-party terms. We are not responsible for the performance or policies of third-party services.
We reserve the right to monitor email activity and suspend or terminate accounts involved in abusive or unlawful email practices, including excessive spam complaints or high bounce rates, at our sole discretion.
The Service uses tracking technologies, such as pixel tags or similar tools, to provide analytics, including open rates, click rates, and other engagement metrics. You acknowledge and agree to the use of these technologies as part of the Service.
You are solely responsible for ensuring compliance with all applicable laws related to email tracking and user consent, including GDPR, CCPA, and other data protection regulations. This includes obtaining any necessary consents from recipients and providing clear disclosures about tracking practices in your emails.
You agree to inform your email recipients of any tracking practices, as required by law, and to provide them with options to opt out of tracking where applicable.
All payments for the Service are processed securely through Stripe, a third-party payment processor. You agree to provide accurate payment information and authorize us to charge your provided payment method for all applicable fees.
The Service is offered on a subscription basis, with plans that renew automatically unless canceled before the billing date. Subscription fees are charged in advance on a recurring basis (e.g., monthly or annually, depending on your plan).
All fees are non-refundable, except as required by applicable law or as explicitly stated in these Terms. No refunds will be provided for partial subscription periods or unused services.
We reserve the right to modify subscription fees or introduce new fees at any time. We will provide you with at least 30 days’ notice of any price changes, and continued use of the Service after such changes constitutes your acceptance of the new pricing.
If you believe there has been a billing error, you must contact us at support@lunarsend.com within 30 days of the charge. We will investigate and respond promptly.
You retain all rights to your data ("Your Data"), including email lists, content, and analytics data uploaded to or generated through the Service. You grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and transmit Your Data solely to provide and improve the Service.
We act as a data processor (or service provider) on your behalf with respect to Your Data. We will process Your Data only in accordance with these Terms, our Privacy Policy, and your instructions.
We do not sell Your Data to third parties. For more details on how we handle your information, please review our Privacy Policy.
We make commercially reasonable efforts to secure Your Data using industry best practices. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security. We are not liable for unauthorized access, disclosure, alteration, or destruction of Your Data.
Upon termination of your account, we will delete Your Data within a reasonable period, except where retention is required by law or for legitimate business purposes (e.g., backups or legal compliance).
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, upgrades, or unforeseen circumstances.
We are not liable for any damages, losses, or disruptions caused by Service downtime, data loss, or delays in email delivery.
We may perform scheduled or emergency maintenance that temporarily affects the availability of the Service. We will endeavor to provide advance notice of scheduled maintenance where feasible.
In addition to the restrictions in Section 3.2, you agree not to:
Use the Service for any illegal or unauthorized purpose.
Attempt to gain unauthorized access to the Service, other accounts, or our systems.
Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service.
Use the Service to store or transmit content that is defamatory, obscene, or otherwise objectionable.
Overload, disrupt, or harm the Service or its infrastructure.
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and may be reported to relevant authorities if required by law.
The Service, including its software, design, trademarks, and content (excluding Your Data), is owned by or licensed to Lunar Send and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display any content you submit to the Service (e.g., email templates or designs) solely for the purpose of providing the Service.
You may terminate your account at any time by following the instructions in your account settings or by contacting us at support@lunarsend.com. Termination does not relieve you of any obligation to pay outstanding fees.
We may suspend or terminate your access to the Service at any time, with or without cause or notice, for reasons including but not limited to:
Violation of these Terms.
Non-payment of fees.
Suspected fraudulent or illegal activity.
Requests from law enforcement or government authorities.
Upon termination, your right to use the Service will immediately cease, and we may delete Your Data in accordance with Section 6.5. Provisions of these Terms that by their nature should survive termination (e.g., liability, governing law) will remain in effect.
We may modify these Terms at any time to reflect changes in the Service, legal requirements, or business practices. We will notify you of material changes via email, in-Service notifications, or by posting the updated Terms on our website at least 30 days before they take effect.
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Service.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
To the maximum extent permitted by law, LunarSend, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your use or inability to use the Service.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any bugs, viruses, or the like transmitted to or through our Service by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
Our total liability for any claim arising from these Terms or the Service will not exceed the amount you paid to us in the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless LunarSend and its affiliates, officers, agents, directors, employees, and agents from and against any claim, liability, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
Your access to or use of the Service.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Any content you submit to or transmit through the Service.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Boston, Massachusetts, and will be conducted in English. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding Section 15.2, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or other proprietary rights.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and LunarSend regarding the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction, including to a successor in the event of a merger, acquisition, or sale of assets.
We are not liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, or governmental actions.
If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at: Email: support@lunarsend.com