Terms of Service

You must be at least 16 years old (or the age of majority in your jurisdiction, if higher) and not barred from receiving the Services under applicable law. You are responsible for keeping your credentials confidential and for all activity that occurs under your account, including activity by your authorized users. Workspace owners are responsible for membership, roles, and billing within their workspace. You will provide accurate and current information and update it as needed.

• Paid plans are billed in advance on a recurring monthly or annual basis through our payment processor, Stripe. By providing a payment method you authorize us (acting through Stripe) to charge it for all fees and applicable taxes when due.
• Auto-renewal. Each subscription term renews automatically for successive terms of equal length at the then-current published rates unless you cancel before the renewal date.
• Cancellation. You may cancel at any time from within the application. Cancellation stops the next renewal; it does not retroactively cancel the current billing period.
• No refunds. Except where required by applicable law, fees are non-refundable, including for partial months, unused features, or downgrades.
• Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, withholding, and similar taxes, other than taxes on our net income.
• Price changes. We may change pricing on at least 30 days’ notice; the change applies to the renewal following that notice period.
• Usage limits & overage. Each plan includes contact, send-volume, AI, and feature limits. If you exceed them we may pause overflow, upgrade you, or charge metered overage as disclosed in-product or at checkout.
• Late payments. Overdue invoices may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend the Services until payment.

Free plan, trial, and beta features are provided “as is”, without any warranty, indemnity, or service-level commitment. We may modify, suspend, or discontinue them at any time. Beta features may be made available for testing and feedback; you will not rely on them for production workloads and we may use your feedback without restriction.

Your use of the Services to send email is governed by this section in addition to all applicable laws, including the U.S. CAN-SPAM Act, Canada’s CASL, the EU GDPR and ePrivacy Directive, the UK GDPR/PECR, Australia’s Spam Act, and any equivalent local laws.

• You must obtain and be able to demonstrate verifiable consent (or another valid lawful basis) for every recipient on every list, and only send to recipients with a clear ongoing relationship to you.
• You must not send unsolicited bulk email, purchased or scraped lists, harvested addresses, or rental lists. We may require evidence of consent for any list at any time.
• Every commercial email must include a valid physical postal address, a clearly identified sender, a truthful subject line, and a functional one-click unsubscribe mechanism. We may add or replace required headers and links as needed for compliance.
• You must not send content that is illegal, fraudulent, deceptive, infringing, defamatory, harassing, malicious, obscene, or designed to phish, distribute malware, or evade spam filters; you must not use the Services for unsolicited political campaigning where prohibited, multi-level marketing, get-rich-quick schemes, gambling where unlawful, adult content directed at minors, or any other category we designate as prohibited from time to time.
• You must not attempt to disable, interfere with, reverse engineer, probe, or circumvent the Services, or use them to store or transmit special-category personal data (Article 9 GDPR) without prior written authorization and an executed DPA addendum.
• Sustained bounce, complaint, or unsubscribe rates above safe thresholds, or behavior that threatens our deliverability, IP reputation, or compliance posture, may result in throttling, list-cleaning requirements, suspension, or termination at our sole discretion.

You are solely responsible for the content you send and the lists you upload, and you agree to indemnify us against any claims arising from your sending activity (see Section 11).

As between the parties, you own your Customer Data, including your contacts, templates, campaigns, attributes, and any other content you submit to the Services. You grant LuneaMail a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, and display Customer Data solely as necessary to provide and protect the Services, prevent abuse, comply with law, and (in aggregated and de-identified form) improve the Services. We do not use Customer Data to train general-purpose AI models, and our AI sub-processors are contractually prohibited from doing so.

Where you process personal data of EEA, UK, or other regulated-jurisdiction data subjects through the Services, our Data Processing Addendum (DPA), incorporating the EU Standard Contractual Clauses and the UK IDTA, is incorporated into these Terms by reference and is available on request to privacy@luneamail.com. You are the controller and LuneaMail is the processor of that personal data; you represent that you have provided all required notices and have a valid legal basis for the processing you instruct.

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

We maintain administrative, technical, and physical safeguards designed to protect Customer Data as described in the Privacy Policy. You are responsible for: (i) configuring the Services appropriately for your risk profile (including roles, MFA where offered, API key rotation, and SMTP credentials); (ii) maintaining the confidentiality of your credentials; (iii) ensuring that the personal data you upload is lawful, accurate, and necessary; and (iv) immediately notifying us at security@luneamail.com of any actual or suspected unauthorized access to your account.

The Services, including all software, templates we provide, designs, documentation, trademarks, logos, and the “LuneaMail” and “Lunea Labs” names, are the property of LuneaMail and its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term, solely for your internal business purposes and subject to these Terms.

You will not, and will not allow anyone else to: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer or attempt to derive the source code; (c) resell, sublicense, or use the Services to operate a competing offering, build a competing product, or to train any machine learning model; (d) remove or obscure proprietary notices; or (e) access the Services to benchmark them without our prior written consent. We welcome feedback; if you provide it, you assign to us a perpetual, irrevocable license to use it without restriction or compensation.

You may terminate by cancelling your subscription and closing your account. We may suspend or terminate your access immediately and without notice if we reasonably believe that (i) you have materially breached these Terms (including the Acceptable Use section); (ii) your use poses a security, legal, deliverability, or reputational risk to us, other customers, or recipients; (iii) you fail to pay; or (iv) we are required to do so by law. We may otherwise terminate on 30 days’ notice for any reason. Upon termination, your right to use the Services ceases, and after a 30-day grace period we may permanently delete Customer Data as described in the Privacy Policy. Sections that by their nature should survive termination — including those concerning payment, IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

The services are provided “as is” and “as available”.

To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty arising out of course of dealing, performance, or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure against all attacks, or that any defects will be corrected. We make no guarantee about inbox placement, open rate, click rate, deliverability, conversion, list quality, the performance of any AI feature, or the suitability of any AI output for your purposes. AI outputs may be inaccurate, biased, or incomplete and must be reviewed by you before use.

Important — please read.

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, opportunity, anticipated savings, data, or use, even if advised of the possibility of such damages. LuneaMail’s total aggregate liability arising out of or relating to the Services or these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the greater of (a) one hundred U.S. dollars (US$100) or (b) the fees actually paid by you to LuneaMail for the Services during the three (3) months immediately preceding the event giving rise to the claim.

The foregoing limitations apply notwithstanding the failure of essential purpose of any limited remedy. These limitations form an essential basis of the bargain between you and LuneaMail and will apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you; in that case our liability is limited to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless LuneaMail and its affiliates, officers, directors, employees, agents, and sub-processors from and against any and all claims, demands, actions, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data, mailing lists, or the content of any message you send through the Services; (b) your breach of these Terms (including the Acceptable Use section or any anti-spam law); (c) your violation of any third party’s rights, including privacy, publicity, or intellectual-property rights; or (d) your use of any AI output. We will promptly notify you of any claim, allow you to control the defense (subject to our right to participate with counsel of our choice), and reasonably cooperate.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to the paragraph below, the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute that is not subject to arbitration, and each party consents to personal jurisdiction and venue there.

Binding arbitration; class-action waiver. Where permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware, in English. The arbitrator may award only the relief a court could award the individual party seeking it. You and LuneaMail each waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated, or representative action. If this class-waiver is held unenforceable, the entire arbitration agreement is void and disputes will be resolved in court as set out above. Either party may seek injunctive or equitable relief in court to protect intellectual-property rights pending arbitration. If you are a consumer in the EEA or UK, nothing in this section limits your statutory rights or your right to bring proceedings before the courts of your country of residence.

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, fire, flood, epidemic, pandemic, government action, internet or telecommunications failure, denial-of-service attack, or sub-processor outage.

The Services may be subject to U.S. export-control and economic sanctions laws. You represent that you are not located in any country, and are not an individual, subject to a comprehensive U.S. embargo or listed on any U.S. Government denied-party list. The Services are commercial computer software developed at private expense; if accessed by a U.S. Government entity, use, duplication, and disclosure are subject to the restrictions in FAR 12.212 / DFARS 227.7202 as applicable.

We may modify these Terms from time to time. If a change is material, we will provide at least 30 days’ prior notice by email or in-product banner. Non-material changes are effective upon posting. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services before the effective date; we may offer a prorated refund of any pre-paid, unused fees in that case at our discretion.

• Entire agreement. These Terms, together with the Privacy Policy, DPA (where applicable), and any order form, constitute the entire agreement between the parties on the subject matter and supersede all prior or contemporaneous agreements.
• No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.
• Severability. If any provision is held unenforceable, the remainder will remain in full force, and the provision will be modified to the minimum extent necessary to make it enforceable.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any non-permitted assignment is void.
• No third-party beneficiaries. These Terms do not confer any rights on any third party.
• Notices. Notices to LuneaMail must be sent to legal@luneamail.com. Notices to you may be sent to the address associated with your account or posted in-product.
• Independent contractors. The parties are independent contractors; nothing creates a partnership, joint venture, agency, or employment relationship.
• Headings. Section headings are for convenience and do not affect interpretation.

Questions about these Terms? Email legal@luneamail.com.