Terms of Service

1. Agreement to Terms

Welcome to lunawind ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the lunawind application and related services (the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Description of Service

lunawind provides an artificial intelligence-powered emotional support and wellness tool designed to assist with mental wellness. The Service offers:

• Conversational support with an AI companion
• Mood check-in and tracking
• Breathing exercises
• Daily affirmations
• Relaxation mini-games (e.g., calm cat, pop bubbles)
• Voice input for hands-free messaging

2.1 Service Limitations

The Service is not a substitute for professional medical or mental health treatment. By using lunawind, you acknowledge and agree that:

• The Service does not provide medical advice, diagnosis, or treatment
• The AI system cannot assess or respond to emergencies
• We are not a healthcare provider
• We do not assume any mandatory reporting responsibilities
• The Service should not be used in crisis situations

2.2 Nature of AI Interactions

lunawind uses artificial intelligence to engage in conversations that may simulate supportive dialogue and offer guidance based on cognitive-behavioral techniques and other evidence-based practices. However, lunawind does not have the ability to:

• Offer personalized diagnoses
• Provide medical or psychological advice specific to your condition
• Replace face-to-face therapy with a licensed professional

lunawind is not capable of assessing emergency situations or crisis management. If you are experiencing a mental health emergency, please contact emergency services, a crisis helpline, or a licensed mental health professional immediately. lunawind should not be used as the sole resource for making decisions regarding your mental health or treatment plans.

3. Assumption of Risk

You expressly acknowledge, understand, and agree that your access to and use of the Service is at your sole risk. The Service, including any advice, information, or content provided, is for informational and supportive purposes only and does not constitute professional medical, psychological, financial, or legal advice. lunawind is not a healthcare provider, and the Service is not intended to be a substitute for professional therapy, diagnosis, or treatment by a licensed mental health provider or other qualified professionals.

You understand and agree that:

• Reliance on any information provided by the Service is solely at your own risk
• The AI system has inherent limitations and may not always provide accurate, complete, or appropriate information or responses
• We make no warranties or representations regarding the accuracy, reliability, or completeness of the content or information provided through the Service
• You are solely responsible for your decisions and actions based on your use of the Service
• The Service is not capable of assessing emergency situations or crisis management. If you are experiencing a mental health emergency or crisis, you must contact emergency services, a crisis helpline, or a licensed mental health professional immediately

By using the Service, you voluntarily accept and assume all risks associated with its use, including but not limited to the risk of misinterpretation, reliance on AI-generated content, and any psychological or emotional impact.

4. Acceptable Use and Prohibited Activities

lunawind is designed to be a personal companion for emotional growth. The app allows you to share your thoughts and feelings with an AI companion and use wellness tools. It is not a substitute for professional therapy, diagnosis, or treatment by a licensed mental health provider.

4.1 Prohibited Activities

The following activities are strictly prohibited:

• Hacking and unauthorized access: Attempting to gain unauthorized access to our servers, systems, or other users' accounts; exploiting vulnerabilities in our application or infrastructure; using any automated tools, scripts, or bots to interact with our application without explicit permission
• Prompt injection and manipulation: Attempting to manipulate the AI system through malicious prompt engineering; trying to bypass content filters or safety measures through clever prompts; intentionally providing inputs designed to confuse, mislead, or compromise the AI system
• Tampering: Modifying, reverse-engineering, or decompiling any part of our application; interfering with the proper functioning of the app or its features
• Misuse of service: Using the application for any illegal activities; sharing your account credentials with others; creating multiple accounts to circumvent usage limits or bans
• Content violations: Uploading or sharing any content that is illegal, abusive, harassing, or violates the rights of others; using the application to generate or distribute harmful, offensive, or inappropriate content

4.2 Consequences of Violation

Users found to be in violation of this policy may face immediate and permanent termination of access, forfeiture of any remaining subscription period without refund, and potential legal action in severe cases.

4.3 Monitoring and Enforcement

We reserve the right to monitor user activity for compliance with these Terms, investigate any suspicious or potentially violating behavior, and take appropriate action against users who violate this policy.

4.4 Reporting Violations

If you suspect a user is violating these Terms or our acceptable use policy, please report it immediately to support@lunawind.app.

4.5 Disclaimer of Responsibility

We do not adhere to mandatory reporting responsibilities. We are not responsible for assessing or reporting potential harm to self or others. If you are in crisis, please contact emergency services, a crisis helpline, or a licensed mental health professional immediately.

5. Account Registration and Security

To use our Service, you must create an account via Google or Apple Sign-In. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access or use.

You may not share your account credentials with others, create multiple accounts for the purpose of abuse or circumvention, or use the Service if you are under the age of 13.

6. Subscription and Payment Terms

We offer subscription plans for access to the Service. Subscriptions are processed through the Apple App Store and Google Play Store. Current pricing and plan details are available within the application.

• All payments are processed by the respective app store and are due in advance of the subscription period
• Subscriptions automatically renew unless cancelled through your device or app store account settings
• Prices are subject to change with notice before renewal
• Refunds are subject to the policies of the Apple App Store and Google Play Store

You may cancel your subscription at any time through your device settings or app store account. Cancellation will be effective at the end of your current billing period.

7. User Content and Privacy

We take the privacy and protection of your personal information seriously. Everything you share with us—your thoughts, feelings, moods, and experiences—belongs to you. When you share content through our Service ("User Content"), you maintain ownership of that content.

Your data is used primarily to provide you with our support services. We will not share, publish, or distribute your data for marketing or other commercial purposes unrelated to the Service.

We may access, review, and retain User Content when we have a good-faith reason to believe there has been a violation of these Terms, to protect the security or integrity of the Service, to comply with applicable law or legal process, or as otherwise permitted by our Privacy Policy. You consent to such access when you use the Service.

For complete details about how we handle your information, please refer to our Privacy Policy.

8. Intellectual Property Rights

The Service, including its original content, features, and functionality, is owned by lunawind and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, or create derivative works of the Service; reverse engineer or attempt to extract our source code; or use our intellectual property for commercial purposes without permission.

9. Disclaimers and Limitations of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

To the fullest extent permitted by applicable law, in no event shall lunawind, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising from your access to or use of the Service, any conduct or content of any third party, any content obtained from the Service, or unauthorized access, use, or alteration of your transmissions or content.

In no event shall the aggregate liability of lunawind for all claims relating to the Service exceed the total amount of fees, if any, paid by you for the Service during the six (6) month period prior to the date the claim arose, capped at a maximum of one hundred U.S. dollars (USD $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability. Accordingly, some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless lunawind and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, or any act or omission by you.

11. Termination

You may terminate these Terms at any time by cancelling your account and discontinuing use of the Service.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified to you through the Service or via email. Continued use of the Service after any such changes constitutes your consent to such changes.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the operator of the Service is established, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.1 Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at support@lunawind.app. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or we may bring a formal proceeding.

13.2 Arbitration Agreement

You and lunawind agree to resolve any claims relating to these Terms or the Service through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including its enforceability, revocability, or validity. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in the United States in a location reasonably convenient to both parties. The AAA rules will govern payment of all arbitration fees.

Exceptions to Agreement to Arbitrate: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in the jurisdiction where the operator of the Service is established to resolve your claim.

13.3 Class Action Waiver

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement section will be deemed void.

13.4 Jury Trial Waiver

WAIVER OF JURY TRIAL. You and lunawind hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and lunawind are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Exceptions to Agreement to Arbitrate above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

15. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: support@lunawind.app
• Website: lunawind.app

If you are in crisis, please contact emergency services, a crisis helpline, or a licensed mental health professional immediately.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and lunawind regarding your use of the Service.