Terms of Service
Last updated: May 15, 2024
1. Introduction
Welcome to Lunaray ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website and services operated by Lunaray.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our services.
2. Services
Lunaray provides Web3 and blockchain security services, including but not limited to smart contract audits, blockchain security assessments, wallet security reviews, penetration testing, incident response, and security training.
The specific services to be provided will be detailed in a separate agreement or statement of work between Lunaray and the client.
3. Use of Services
3.1 Eligibility
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3.2 Account Registration
Some of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:
- •Use our services in any way that violates any applicable law or regulation
- •Use our services to engage in any harmful, fraudulent, deceptive, or manipulative activities
- •Attempt to gain unauthorized access to our systems or networks
- •Interfere with or disrupt the integrity or performance of our services
- •Attempt to reverse engineer, decompile, or disassemble any portion of our services
- •Use our services to develop a competing product or service
4. Intellectual Property
4.1 Our Intellectual Property
Our services, including all content, features, and functionality, are owned by Lunaray, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to use our services for their intended purposes in accordance with these Terms.
4.2 Your Intellectual Property
You retain all rights to any content or materials you provide to us in connection with our services. By providing such content or materials, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the purpose of providing our services to you.
5. Confidentiality
We understand the sensitive nature of security assessments and audits. We will treat all information provided to us by you as confidential and will not disclose such information to any third party without your prior written consent, except as required by law or as necessary to provide our services.
The specific confidentiality obligations will be detailed in a separate agreement or statement of work between Lunaray and the client.
6. Fees and Payment
The fees for our services will be specified in a separate agreement or statement of work between Lunaray and the client. Unless otherwise specified, all fees are quoted in US dollars and are non-refundable.
Payment terms, including the payment schedule and acceptable payment methods, will be detailed in the agreement or statement of work.
7. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
While we strive to provide thorough and accurate security assessments, we do not guarantee that our services will identify all vulnerabilities or security issues. Security is an evolving field, and new vulnerabilities and attack vectors are constantly being discovered.
We do not guarantee that your systems, smart contracts, or applications will be secure from all threats or that implementing our recommendations will prevent all security breaches.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUNARAY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- •YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
- •ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
- •ANY CONTENT OBTAINED FROM OUR SERVICES
- •UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY.
9. Indemnification
You agree to defend, indemnify, and hold harmless Lunaray, its directors, employees, partners, agents, suppliers, and affiliates 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 or your use of our services.
10. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our services will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], 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. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Dispute Resolution
Any dispute arising out of or relating to these Terms, including their formation, interpretation, breach, or termination, shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] by one arbitrator appointed in accordance with said rules.
The arbitration shall take place in [City, State/Country], and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties.
14. Entire Agreement
These Terms, together with any other agreements or statements of work between Lunaray and the client, constitute the entire agreement between you and Lunaray regarding our services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our services.
15. Contact Us
If you have any questions about these Terms, please contact us.
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