Welcome to Lunar Send ("Lunar Send," "we," "our," or "us"), operated
by Brandtogo LLC.
These Terms of Service ("Terms") govern your access to and use of the
Lunar Send platform, website, and related services (collectively, the
"Service"). By creating an account, connecting your Google account, or
otherwise using Lunar Send, you agree to these Terms.
If you do not agree, please do not use the Service.
1. Overview of the Service
Lunar Send is a CRM and email automation platform that allows users
to send, track, and manage email-based outreach campaigns through
integrated email providers such as Gmail.
The Service is
intended for professional or business use and is only available to users
located in the United States who are 18 years of age or older.
2. Account Registration
You must create an account to use Lunar Send. You are responsible
for maintaining the confidentiality of your account credentials and
for all activities under your account. You agree to provide accurate
information and to notify us promptly of any unauthorized access or
security concerns.
Age Requirement: By creating an account, you represent
and warrant that you are at least 18 years of age. We do not knowingly
collect information from or permit use by anyone under 18. If we learn
that a user is under 18, we will terminate the account immediately.
3. Acceptable Use
You agree not to use Lunar Send to:
Send spam or unsolicited messages.
Violate Google's API Services User Data Policy, Gmail
Program Policies, or any applicable law.
Interfere with or disrupt the Service.
Resell or sublicense access to Lunar Send.
VSend content that is illegal, defamatory, harassing,
threatening, or violates intellectual property rights.
Impersonate any person or entity or misrepresent your
affiliation with any person or entity.
We reserve the right to suspend or terminate accounts that violate these
Terms or applicable laws.
4. Google OAuth and API Data Use
Lunar Send uses the Google API to access Gmail data under the
following scopes:
gmail.send — to send emails on your behalf.
gmail.readonly — to retrieve basic message metadata
for tracking open and delivery status, and to retrieve email
content upon user request.
Limited Use Compliance
Lunar Send's use of Google user data complies with the Google API Services
User Data Policy, including the Limited Use requirements:
Access is restricted to providing user-facing features such
as sending and tracking emails.
Data obtained through Gmail scopes is not sold, rented, or
shared with third parties.
Human access to Email content is prohibited except:
With explicit user consent,
As required by law,
For security or abuse investigations, or
To maintain or repair the Service.
Email content is not used for advertising or data profiling.
5. Data Retention and Deletion
When you delete your account or revoke Google access:
All personal and account data are deleted from active
systems immediately.
OAuth tokens and refresh tokens are immediately revoked and
deleted upon account deletion or access revocation.
System logs containing only non-personal metadata (such as
IP addresses, Gmail call type, and user agent) are retained
for security and auditing purposes for up to 90 days. These
logs do not include names, email addresses, or message
content.
Backup data automatically expires on its normal rotation
cycle (within 30 days) and is not accessed except for
disaster recovery.
You may revoke Lunar Send's access to your Google account at any time
through your Google Account Permissions.
Data Export You may export your pipeline data and contact lists at any time from
your account settings before deletion.
6. Security Practices
Lunar Send uses administrative, technical, and physical safeguards
to protect user data, including:
Encryption in transit (TLS 1.2+) and at rest (AES-256),
Multi-factor authentication for administrative access,
Continuous monitoring and logging, and
Regular vulnerability management.
Lunar Send participates in an annual Cloud Application Security Assessment
(CASA) to validate compliance with Google's restricted-scope security
standards.
Data Breach Notification In the event of a data breach that compromises your personal information,
we will notify affected users within 72 hours of discovering the breach,
as required by applicable law. Notification will be sent to the email
address associated with your account and will include information about
the nature of the breach and steps you can take to protect yourself.
7. Plans, Billing, and Payments
Lunar Send offers free trials and paid subscription plans, processed
securely through Stripe.
You agree to pay all applicable fees as described at the time of
purchase.
Payments are generally non-refundable once processed, except where
refunds are required by applicable law or in cases of service
failure that prevents you from using the Service. You may cancel
future renewals at any time from your account settings.
Upon cancellation or expiration, your account will transition to a
view-only state until renewed.
All prices and features are subject to change with 30 days' notice
provided via email or through the Service.
8. Intellectual Property
Lunar Send retains all rights, title, and interest in the Service,
including trademarks, logos, and underlying technology. You may not
copy, modify, or reverse-engineer any part of the Service.
You retain ownership of your uploaded data and grant Lunar Send a
limited, non-exclusive license to process it solely for operating
and improving the Service.
DMCA Compliance If you believe that content transmitted through our Service infringes
your copyright, please contact us at support@lunarsend.com with:
Identification of the copyrighted work
Identification of the infringing material
Your contact information
A statement of good faith belief that the use is not
authorized
A statement under penalty of perjury that the information is
accurate
Your physical or electronic signature
We will respond to valid DMCA notices in accordance with the Digital
Millennium Copyright Act.
9. Service Availability
We strive to maintain high uptime and target 99.5% availability for
the Service on a monthly basis, but Lunar Send does not guarantee
uninterrupted availability.
We may occasionally suspend service for maintenance or updates with
reasonable advance notice when possible. We are not liable for any
losses resulting from scheduled or emergency downtime, or from
circumstances beyond our reasonable control, including but not
limited to acts of God, natural disasters, pandemics, internet
service provider failures, distributed denial of service attacks, or
failures of third-party services such as Google APIs or cloud
infrastructure providers.
10. User Indemnification
You agree to indemnify, defend, and hold harmless Lunar Send and
Brandtogo LLC, their officers, directors, employees, and agents from
and against any and all claims, liabilities, damages, losses, costs,
expenses, or fees (including reasonable attorneys' fees) arising
from:
Your use or misuse of the Service,
Your violation of these Terms,
Your violation of any law or regulation,
Your violation of any third-party rights, including
intellectual property rights or privacy rights,
Content you send through the Service, or
Any unauthorized access to your account resulting from your
failure to secure your credentials.
This indemnification obligation will survive termination of these
Terms and your use of the Service.
11. Termination
We may suspend or terminate your access if:
You violate these Terms,
You misuse the Google API or send spam,
Required payments are not made, or
Continued operation would pose a risk to other users or to
our systems.
Upon termination, your account data will be deleted in accordance with
our deletion policy in Section 5.
You may terminate your account at any time from your account
settings. Upon voluntary termination, you remain responsible for any
fees incurred prior to termination.
12. Disclaimer and Limitation of Liability
The Service is provided "as is" and "as available" without
warranties of any kind, either express or implied, including but not
limited to warranties of merchantability, fitness for a particular
purpose, or non-infringement.
Lunar Send disclaims all liability for indirect, incidental,
special, consequential, or punitive damages arising from your use of
the Service, including but not limited to loss of profits, data, or
business opportunities.
Exception: The above limitations do not apply to damages arising from
our gross negligence, willful misconduct, fraud, or breach of our data
security obligations under Section 6.
Our total liability for any claim related to the Service shall not exceed
the total amount paid by you to Lunar Send in the six months prior to
the claim, or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion of certain warranties or
limitation of liability for incidental or consequential damages. In such
jurisdictions, our liability will be limited to the maximum extent permitted
by law.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of
Massachusetts, without regard to conflict-of-law principles.
Informal Resolution Before filing any formal dispute, you agree to contact us at
support@lunarsend.com to attempt to resolve the matter informally.
We will attempt to resolve the dispute within 30 days of receiving
notice.
Binding Arbitration If informal resolution fails, any dispute arising out of or relating
to these Terms or the Service shall be resolved through binding arbitration
administered by the American Arbitration Association (AAA) under its
Commercial Arbitration Rules. The arbitration will be conducted in Boston,
Massachusetts, or remotely via video conference.
Class Action Waiver: You agree that disputes will
be resolved on an individual basis only, and you waive any right to
bring claims as a class action, consolidated action, or
representative action.
Opt-Out You may opt out of arbitration by sending
written notice to support@lunarsend.com within 30 days of first
accepting these Terms. If you opt out, disputes will be resolved
exclusively in the state or federal courts located in Boston,
Massachusetts, and you consent to personal jurisdiction in those
courts.
14. Changes to These Terms
We may update these Terms occasionally to reflect changes in our
practices, legal requirements, or Service features. Any material
changes will be communicated via email to the address associated
with your account or through a prominent notice in the Service at
least 30 days before the changes take effect.
Continued use of the Service after the effective date of updated
Terms constitutes acceptance of the revised Terms. If you do not
agree to the updated Terms, you must stop using the Service and may
delete your account.
15. Miscellaneous
Entire Agreement These Terms constitute the entire agreement between you and Lunar Send
regarding the Service and supersede any prior agreements.
Severability If any provision of these Terms is found to be unenforceable, the remaining
provisions will remain in full effect.
No Waiver Our failure to enforce any provision of these Terms does not constitute
a waiver of that provision.
Assignment You may not assign or transfer these Terms without our prior written
consent. We may assign these Terms without restriction.
Survival Sections 5, 8, 10, 12, 13, and 15 will survive termination of these Terms.
16. Contact Information
If you have questions or concerns about these Terms, please contact
us:
Lunar Send Operated by Brandtogo LLC Boston, Massachusetts support@lunarsend.com