Lunni

Lunni Cloud Terms of Service

Last updated: May 27, 2024

Thank you for choosing Lunni Cloud! Please read these Terms of Service carefully.

Note: The following Terms of Service apply to Lunni Cloud only and not to Lunni Self-Hosted which would be hosted on your own servers and therefore the Terms of Service isn’t needed.

By paying for Lunni Cloud on Stripe Checkout, downloading or using Lunni, or otherwise using our sofrware, support, or products, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this agreement, do not use Lunni Cloud.

This agreement is a legal document between you and us and it governs your use of the Services provided by to you by us.

Note: In the event that the terms of this Agreement are in conflict with the terms of any agreement individually negotiated and agreed between the company and customer (as defined below), the terms of the latter shall prevail.

Parties

  • Company or we refers to A-Edge OÜ, d/b/a Lunni, located at Harju maakond, Tallinn, Lasnamäe linnaosa, Ruunaoja tn 3, 11415, registered in the Estonian Business Register with the registry code 14875624.

  • Customer or you means any natural person, sole proprietor or legal entity using Lunni Cloud in accordance with this agreement. For legal entities, this includes any of its affiliates (as defined below).

  • Company and customer may each also be referred to individually as a Party or jointly as the Parties.

Definitions

For the purposes of these Terms of Service:

  • Affiliate means any entity that has a direct or indirect connection to a party, either through control or by being under common control. For the purpose of this definition, “control” means having the authority to direct or impact the management and policies of a person or entity, whether through the ownership of voting securities, by way of a contract, or any other means.

  • Agreement means these Terms of Service that forms the entire agreement between you and us regarding the use of Lunni.

  • Lunni means the software program provided and managed by us, named Lunni.

  • Server means any device that can run Lunni, such as a virtual or physical server, a personal computer, or a single-board computer such as Raspberry Pi. For the purposes of this agreement, running multiple VMs on a single physical server counts as multiple servers.

  • Lunni Cloud or Services means managed Lunni hosting on a Server provided by us. We handle the basic administrative tasks, including: configuring server, installing Docker, setting up Docker Swarm, installing Lunni, enabling automated daily backups and Lunni updates.

  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by Lunni.

Fees

You shall pay subscription fees as per our defined terms of purchase. The subscription fees must be paid in full, and any levies, duties, and/or taxes imposed by your jurisdiction (including, but not limited to, value added tax, sales tax and withholding tax) are your responsibility. You may not deduct any amounts from the fees payable to us, unless the applicable terms of purchase specifically allow it.

Limitations

  • You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

  • The total amount of usable storage capacity for your particular Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).

Account terms

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for any activity that occurs under your account (even by others who have their own logins under your account).

You may not use our service for any illegal purpose or to violate any laws in your jurisdiction.

You must provide your legal full name and a valid email address in order to complete the signup process.

You must be a human. Accounts registered by bots or other automated methods are not permitted.

Content ownership, copyright and trademark

You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the service.

We claim no intellectual property rights over the material you provide to the service. All site data remains yours.

You may provide us with feedback, suggestions, and ideas about the service. You agree that we own all rights to use and incorporate the feedback you provide in any way, including in future enhancements and modifications to the service, without payment or attribution to you.

Server access

You hereby authorize us to log into your server for purposes of handling administrative tasks.

Uptime guarantee

We offer a service uptime guarantee of 99.9% of available time per calendar month. If we fail to maintain this guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your subscription fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes.

The Service Uptime Guarantee does not apply to service interruptions caused by:

  1. Periodic scheduled maintenance or repairs we may undertake from time to time;
  2. interruptions caused by you from custom scripting, coding or the installation of third-party applications;
  3. causes beyond our control or that are not reasonably foreseeable; and
  4. outages related to the reliability of certain programming environments.

Support

Technical support is provided by email. Email responses are provided on the reasonable effort basis without guaranteed response time.

Third-Party Services

Lunni may display, include or make available third-party content or provide links to third-party websites or services. For example, Lunni may access Docker Hub to allow you to download Docker images.

You acknowledge and agree that we shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any third-party services.

You must comply with applicable third parties’ terms and conditions when using Lunni. Third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Lunni License

As part of the Services, you are allowed to use the Lunni software. Your use of Lunni is subject to the GNU Affero General Public License version 3. You must adhere to the conditions of the license with regard to Lunni.

This license only applies to Lunni itself, not to the applications or other content you host on your server.

Third-Party Sofrware

Lunni includes code and libraries licensed to us by third parties, including open source software available under free, public licenses. If the public license terms for any open source component conflict with the terms of this agreement, only the public license terms will apply to that component only.

If the license terms for any open source component require us to provide the source code or other related information about that component, all you have to do is send us a written request, and we’ll make sure to give you what you need.

Term and Termination

This agreement shall remain in effect until terminated by you or the company.

If you want to terminate this agreement, you can do so at any time by canceling your subscription through the customer portal. If you cancel your subscription during a period you’ve already paid for, this agreement will remain in effect until the end of that subscription period. Even if you terminate this agreement, you are still responsible for paying any outstanding subscription fees that you owe to us. Unfortunately, we cannot issue any credits or refunds to you for prepaid subscription fees.

You are solely responsible for properly cancelling your subscription. An email to cancel your subscription is not considered cancellation.

If you decide to cancel the agreement, you are responsible for moving your website or server content off our servers before it terminates. If you fail to move your website or server content off our servers prior to cancellation, we may delete all such content and we may not be able to provide a copy of such content.

We reserve the right to suspend or terminate this agreement and refuse any and all current or future use of the service for any reason at any time. If we terminate this agreement, we may provide your latest server backup on a best-effort basis.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our customers, affiliates, employees, contractors, or board members may result in immediate agreement termination.

Termination will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under this agreement.

Indemnification

You agree to indemnify and hold us and our affiliates, employees, contractors, and board members (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of (a) your use of Lunni, (b) violation of this agreement or any law or regulation, or (c) violation of any right of a third party.

Limited Warranty

We guarantee that Lunni will perform as described in the documentation throughout the duration of this agreement, except when:

  1. using an outdated version of Lunni instead of the latest version provided under this agreement;
  2. using a Beta, Insiders, Nightly, or any other unstable version of Lunni;
  3. making modifications to Lunni;
  4. running Lunni on hardware other than provided under this agreement;
  5. combining Lunni with other software or hardware in ways not described in the documentation.

We also guarantee that Lunni is free of malicious code, such as computer worms and viruses.

The above sets out the only warranties we provide for Lunni.

We put a lot of effort into designing our software, drawing from both our own expertise and the experiences of customers who share their time and feedback. But let’s face it, there is no such thing as a service that pleases everybody. So, we make no guarantees the law might otherwise imply, like warranties of merchantability, fitness for any particular purpose, title, or noninfringement.

We conduct thorough testing of all our features before releasing them. However, like any software, we acknowledge that Lunni may contain some bugs. We take all reported bugs seriously and prioritize those related to security and privacy. While we strive to address all reported bugs, please note that not all issues may get resolved.

Liability

Our total liability for breach of this agreement will not exceed the amount of fees we received from you under this agreement during the month before the first claim is made. This limit applies even if you paid no fees at all.

Our liability is limited to the warranties outlined in the Limited Warranty section above. To the maximum extent permitted by applicable law, in no event will the company be liable to customer, customer’s affiliates, users, or anyone else for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use Lunni; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Lunni; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on Lunni; (e) or any other matter relating to this agreement or Lunni, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our services, thank you for betting on us.

Severability and Waiver

As usual, if any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

There may be times where we do not exercise or enforce any right or provision of the agreement. In doing so, we are not waiving that right or provision.

Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace this agreement 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 Lunni after any 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 the Lunni.

Governing Law

This agreement shall be governed by the laws of Estonia, and the courts of Estonia shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement. Your use of the Lunni may also be subject to other local, state, national, or international laws.

Entire Agreement

The agreement constitutes the entire agreement between you and us regarding your use of Lunni and supersedes all prior and contemporaneous written or oral agreements between you and the company.

You may be subject to additional terms and conditions that apply when you use or purchase our other services, which the company will provide to you at the time of such use or purchase.

Questions?

If you have any questions about this agreement, You can contact us by email: legalese@aedge.dev