Terms of Use and conditions of sale

Effective Date: 10 Mars 2025

1. Introduction

Welcome to Lunesia (the “Application” or “App”), an interactive storytelling platform designed primarily for children aged 3 to 7 and operated by BusinessDynamite (SIREN 840854129) (“we,” “us,” or “our”). These Terms of Use and Conditions of Sale (collectively, the “Terms”) govern your access to and use of Lunesia, including any content, functionality, and services offered on or through the Application.

By registering an account, downloading, installing, or otherwise using Lunesia, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use the Application.

2. Eligibility and Parental Responsibility

  1. Age Requirement:
    • Lunesia is intended for use by children aged 3 to 7, exclusively under the supervision of a parent or legal guardian (“Parent” or “Guardian”).
  2. Parental Consent:
    • A valid Parent or Guardian must create an account, provide any payment details when necessary, and consent to the child’s use of the App in compliance with these Terms.
  3. Supervision:
    • Parents or Guardians are solely responsible for monitoring and supervising the child’s use of the App and determining whether the content is suitable for the child.

3. Account Registration

  1. Account Creation:
    • To access certain features of Lunesia, you (as the Parent or Guardian) must create an account by providing a valid email address, a password, and any other required information.
  2. Account Security:
    • You are responsible for maintaining the confidentiality of your password and for restricting access to your device(s). Any activity occurring under your account is your responsibility.
  3. Accuracy of Information:
    • You agree that all information provided during registration, including your payment information, is accurate, current, and complete.

4. User Conduct

When using Lunesia, you agree (and ensure your child agrees) not to:

  1. Use the App for any unlawful or harmful purpose.
  2. Attempt to gain unauthorized access to any part of Lunesia or our servers.
  3. Transmit any malware, viruses, or other harmful software.
  4. Impersonate any person or entity or misrepresent your identity.
  5. Interfere with or disrupt the operation of the Application or its hosting services.

5. Intellectual Property

  1. Ownership:
    • All content, including stories, text, graphics, logos, images, software, and other materials available in Lunesia, is owned by or licensed to us and protected by intellectual property laws.
  2. Limited License:
    • We grant you a non-exclusive, non-transferable, and revocable license to access and use the content for personal, non-commercial purposes only.
  3. Restrictions:
    • You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.

6. Conditions of Sale (Purchases and Subscriptions)

  1. Subscription Model:
    • Lunesia may offer certain features or story collections on a subscription basis (“Subscription”). By subscribing, you agree to pay the fees disclosed at the time of purchase, plus any applicable taxes.
  2. Payment and Billing:
    • You must provide valid and current payment information. If we are unable to process your payment, we reserve the right to suspend or terminate your access to the Subscription.
  3. Free Trials:
    • We may offer free trial periods. At the end of any free trial, you will be automatically charged for the Subscription unless you cancel before the trial ends.
  4. Refund Policy:
    • Within 7 Days: You can request a full refund if you are dissatisfied and contact us within 7 days of the initial purchase.
    • After 7 Days: Refunds are not typically granted, unless the App is found to be defective or not as described.
    • Third-Party Stores: If you purchased or subscribed via a third-party platform (e.g., Google Play or Apple App Store), their respective refund policies may also apply.

7. Disclaimer of Warranties

Lunesia is provided “as is” and “as available,” without warranties of any kind, whether express or implied. To the fullest extent allowed by law, we disclaim all warranties, including, but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Any guarantee that the App will be error-free, uninterrupted, secure, or that the content will be accurate or reliable.

8. Limitation of Liability

  1. General Limitation:
    • In no event shall we (BusinessDynamite, its affiliates, officers, directors, employees, or agents) be liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or goodwill) arising from your use—or inability to use—Lunesia.
  2. Child Safety and Behavior:
    • Our stories are designed for educational and entertainment purposes; we are not responsible for any physical, emotional, or behavioral issues that may occur after a child uses the App. Parents or Guardians must supervise the child and address any concerns regarding the child’s well-being.
  3. Jurisdictional Limitations:
    • Some jurisdictions do not allow the limitation or exclusion of certain liabilities. If such laws apply to you, some or all of these limitations may not apply.

9. Indemnification

You agree to indemnify and hold harmless BusinessDynamite, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your or your child’s use of Lunesia.
  2. Your violation of these Terms.
  3. Any alleged infringement of a third party’s rights by you or your child.

10. Modifications to the Terms

We may modify these Terms at any time. In the event of material changes, we will notify you within the App or via email. Your continued use of Lunesia after such modifications constitutes acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms shall be resolved through binding arbitration or another form of alternative dispute resolution, unless otherwise required by law.

12. Contact Information

  • Email: [email protected]
  • Hosting Company: BusinessDynamite (SIREN 840854129)
  • Website: https://lunesia.app/

13. Severability

If any provision in these Terms is deemed unlawful, void, or unenforceable, that provision will be severed, and the remainder will remain valid and enforceable.

14. Entire Agreement

These Terms, along with any policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and us regarding your use of Lunesia, superseding any prior agreements, communications, or proposals.