Terms of Service

Last Updated: Jun 16, 2025

1. Introduction

Hello and welcome! These Terms of Service ("Terms") are a binding legal agreement between you and Totalus ("Totalus," "we," "us," or "our"). They govern your use of the Luni mobile application (the “App”) and any related websites, content, tools, and features we offer (collectively, the “Services”).

Please read these Terms carefully. By accessing or using our Services, you are agreeing to be bound by these Terms. If you do not understand or agree to these Terms, please do not use the Services.

In these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes both you and that entity. In that case, you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind it to these Terms, and (b) you agree to these Terms on the entity’s behalf.

IMPORTANT NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration, which means you waive any right to have those disputes decided by a judge or jury. You also waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained in Section 9.

2. Use of the Services

Registration: To use our Services, you may need to create an account. You agree to provide information that is accurate, complete, and current. Our Services are not intended for children. You must be at least 13 years old to use the Services (or 16 years old if you are a citizen or resident of the European Union).

Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. We encourage you to use a strong password (a mix of upper and lower case letters, numbers, and symbols). You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. Totalus cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

General Practices for Use and Storage: You acknowledge that we may establish general practices and limits concerning the use of the Services. This may include, for example, setting limits on how long we retain your data or the amount of storage space you get. You agree that Totalus has no responsibility or liability for the deletion or failure to store any data or content maintained by the Services. We also reserve the right to terminate accounts that are inactive for an extended period. We may change these general practices and limits at any time, and we will endeavor to provide you with notice when we believe it is reasonable to do so.

Notifications: By using the Services, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your account and are part of your relationship with us. You also agree to receive promotional communications from us, and you can opt out of receiving these at any time by following the unsubscribe instructions in those communications.

3. Conditions of Use & Your Conduct

Your right to use our Services is conditioned on your compliance with the rules below. Please note: if you are under 13 years old (or 16 years old if you are a citizen or resident of the European Union), you are not authorized to use the Services. By using the Services, you agree to follow these conditions.

Your Content and Responsibilities

You are solely responsible for all content you submit to the Services, including any text, images, sounds, or other data ("Content").

You agree not to submit any Content that:

Luni is Not a Licensed Professional

Our Services are designed for supportive, friendly conversation. They are not a substitute for professional advice. You must not use the Services to seek or provide any medical, legal, financial, tax, or other professional advice. Luni does not provide diagnoses, treatments, or professional consultations of any kind. If you are in crisis or need professional help, please contact a qualified professional or emergency services.

General Restrictions

You agree not to do any of the following in connection with the Services:

Our Enforcement Rights

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these conditions. This action may include, without limitation, removing your Content, suspending or terminating your account, and reporting you to law enforcement authorities.

4. Intellectual Property Rights

Our Service, Software, and Trademarks

You acknowledge that the Services contain content and features ("Service Content") that are protected by copyright, patent, trademark, trade secret, and other proprietary rights. You agree not to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service Content. Any use of the Services or Service Content other than as specifically authorized herein is prohibited.

The Luni and Totalus names and logos are trademarks and service marks of Totalus (collectively the “Totalus Trademarks”). Nothing in these Terms or the Services should be construed as granting any license or right to use any of the Totalus Trademarks without our prior written permission. All goodwill generated from the use of Totalus Trademarks will benefit us exclusively.

AI-Generated Content

As between you and Totalus, Totalus owns all content that is generated by our AI in response to your submissions ("AI Content"). We grant you a limited, non-exclusive, non-transferable right to use the AI Content for your personal, non-commercial purposes, subject to your compliance with these Terms.

You acknowledge that AI-generated content is, by its nature, unpredictable. It may be inaccurate, offensive, or otherwise not suitable for your purposes. You agree that you must evaluate, and bear all risks associated with, the use of any AI Content. You should not rely on AI Content as a substitute for professional advice.

Feedback

Any questions, comments, suggestions, ideas, or feedback you provide to us are non-confidential. We will be entitled to the unrestricted use and dissemination of your feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Our Right to Monitor and Disclose

We have the right (but not the obligation) to access, review, and remove any content that violates these Terms or is otherwise objectionable. We may also preserve and disclose content if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Totalus, our users, and the public.

5. Copyright Complaints (DMCA Policy)

Totalus respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

How to File a DMCA Notice

A written notification of claimed copyright infringement should be sent to our Designated DMCA Agent via email at:

[email protected]

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing is located on the Services, with enough detail for us to find it.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

How to File a Counter-Notice

If you believe that your content was removed by mistake or misidentification, you may send our DMCA Agent a written counter-notice containing the following information:

  1. Your physical or electronic signature.
  2. Identification of the content that was removed and the location where it appeared before it was removed.
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification.
  4. Your name, address, telephone number, and email address.
  5. A statement that you consent to the jurisdiction of the Seoul Central District Court, Republic of Korea and that you will accept service of process from the person who provided the original infringement notification.

If we receive a valid counter-notice, we may send a copy to the original complaining party and inform them that we may replace the removed content in 10-14 business days unless they file a court action against the content provider.

Repeat Infringer Policy

In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Indemnity and Release

You agree to indemnify, defend, and hold harmless Totalus and its affiliates, officers, employees, and agents from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

(a) Your use or misuse of the Services. (b) Your violation of these Terms. (c) Any content you submit to the Services. (d) Your violation of any law or the rights of a third party.

You also agree to release Totalus from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any disputes you have with any other users of the Services.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

Totalus expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Totalus makes no warranty that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; or (iii) the results, content, or information that may be obtained from the use of the Services will be accurate or reliable.

8. Limitation of Liability

You expressly understand and agree that Totalus will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, goodwill, use, data, or other intangible losses (even if Totalus has been advised of the possibility of such damages). This applies whether the claim is based on contract, tort, negligence, strict liability, or otherwise, and resulting from:

(i) the use or the inability to use the Services; (ii) your interactions with the Services or any content obtained from the Services; (iii) unauthorized access to or alteration of your data; (iv) statements or conduct of any third party (including other users) on the Services; or (v) any other matter relating to the Services.

In no event will the total liability of Totalus to you for all damages, losses, or causes of action exceed the greater of (a) one hundred dollars ($100), or (b) the amount you have paid Totalus in the last six (6) months, if any.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.

9. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: This "Dispute Resolution by Binding Arbitration" section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Totalus, whether arising out of or relating to these Terms (including any alleged breach), the Services, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than in a court. An exception is that you may assert individual claims in a small claims court if your claims qualify.

By entering into these Terms, you and Totalus are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

Prohibition of Class and Representative Actions: You and Totalus agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Totalus agree otherwise, the arbitrator may not consolidate more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims.

Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably. We strongly encourage you to first contact us with any concerns at [email protected].

If that effort is unsuccessful, a party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) to the other by certified mail. The Notice to Totalus should be sent to: 201-J442, 207, Jungdae-ro, Songpa-gu, Seoul, Republic of Korea (“Notice Address”). The Notice must (i) describe the nature and basis of the claim and (ii) set forth the specific relief sought. If we do not resolve the claim within 60 days after the Notice is received, you or Totalus may commence an arbitration proceeding.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website at https://www.jamsadr.com.

The arbitrator will decide all issues, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator must also follow the provisions of these Terms as a court would.

Unless we and you agree otherwise, any arbitration hearings will take place in Seoul, Republic of Korea. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

Confidentiality: All aspects of the arbitration proceeding will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term of this Arbitration Agreement (other than the “Prohibition of Class and Representative Actions” subsection) is invalid or unenforceable, the parties agree to replace it with a valid and enforceable term that comes closest to the original intention. If the “Prohibition of Class and Representative Actions” subsection is found to be invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of the Terms will continue to apply.

10. Termination

You agree that Totalus, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any of your content within the Services, for any reason or no reason. This includes, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

Totalus may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice.

You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice. You acknowledge and agree that upon termination, Totalus may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Services.

Termination of your account will not terminate the licenses you have granted to Totalus for your content under these Terms. Further, you agree that Totalus will not be liable to you or any third party for any termination of your access to the Services.

11. General

Entire Agreement: These Terms constitute the entire agreement between you and Totalus and govern your use of our Services, superseding any prior agreements between you and Totalus with respect to the Services.

Choice of Law and Jurisdiction: These Terms are governed by the laws of the Republic of Korea, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in these Terms, you and Totalus agree to submit to the personal and exclusive jurisdiction of the courts located within Seoul, Republic of Korea.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

No Waiver: Any failure of Totalus to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment: You may not assign these Terms without the prior written consent of Totalus, but Totalus may assign or transfer these Terms, in whole or in part, without restriction.

Notices: Notices to you may be made via email or by posting notices generally on the Services.

12. Changes to these Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.

13. Contact us

If you have any questions about our Services, or to report any violations of these Terms, please contact us at [email protected]