Terms & Conditions

These Terms & Conditions (the “Terms”) govern the provision of services by USDOTApp LLC dba Lunara (“Lunara,” “we,” “our,” “us”) to the client (“Client,” “you,” “your”). By purchasing or using our services or by clicking to accept these Terms, you agree to be bound by them.

B2B Only. We provide Services exclusively to businesses and business representatives (B2B). We do not sell to individual consumers for personal, family, or household use. By using the Services, you represent that you are acting in a business capacity.

Company & Contact.
Legal Entity: USDOTApp LLC dba Lunara
Principal Address: 1440 N Locust Grove, Suite 32A, Meridian, ID 83642
Primary Legal Notices: Sylvia Purcell — [email protected] — 208‑740‑9481
Support: [email protected] — 208‑330‑4204 (Mon–Fri, 9:00am–4:00pm MT)
Websites: mylunarasystem.com • lunaralaunch.com
Branded Link Domains: lunaralaunch.com, mylunarasystem.com

1) Scope of Services

We provide marketing and growth services to businesses across the United States, including: one‑time services (e.g., AI tools, AI chatbots, funnels, email campaigns, social media design, Google Business Profile (GBP) management, SEO strategy and setup) and monthly subscription services in which we take over or manage marketing programs and provide growth strategy (collectively, the “Services”).

1.1 One-Time Services (Project Work)

One-time services are quoted and paid per project. Deliverables and acceptance criteria are defined in the relevant order form, invoice, or statement of work (“Order”).

1.2 Subscription Services (Managed Growth)

Subscriptions deliver ongoing strategy, implementation, and management on a monthly basis. Unless a custom plan states otherwise, subscriptions are month‑to‑month. Some custom plans that include an up‑front investment retainer fee require a 12‑month minimum term (see §8.2).

1.3 Exclusions

Unless expressly stated in an Order, Services exclude: paid media spend, third‑party platform fees, postage, printing, creative stock licenses, and any software or telephony charges.

2) Access & Client Responsibilities

2.1 Timely Access

Client must provide timely access and credentials to required systems (e.g., domain registrar, DNS, email, CRM, GBP, social accounts, ad platforms, and Stripe) as reasonably requested. Project timelines begin only after all required access is provided. “Work begins” when we complete any of: account provisioning, asset review, project kickoff call, or written task assignment.

2.2 Accuracy & Approvals

Client is responsible for the accuracy of information, claims, offers, and representations used in campaigns. Client shall review and approve deliverables in a timely manner; silence for 5 business days after delivery may be deemed approval for scheduling.

2.3 Compliance

Client will use the Services only for lawful purposes and in accordance with these Terms, platform policies, and carrier rules, including A2P/TCR and TCPA requirements (see §10).

3) Payment Terms

3.1 Pricing & Invoices

Prices are as stated in your Order. Subscription fees are billed in advance each month. One‑time projects may require full prepayment or a milestone schedule specified in the Order.

3.2 Investment Retainer Fee (when applicable)

For subscription plans requiring an up‑front investment retainer fee, that fee is due upon signing and is non‑cancelable and non‑refundable once we begin work. Work under the subscription does not commence until this fee is paid in full.

3.3 Payment Method & Authorization

You authorize us to charge the payment method on file for all fees and any pass‑through costs. We may use Stripe and our CRM (GoHighLevel or similar) for billing and secure storage of card data.

3.4 Late, Suspension & Reactivation

If payment is not received by the due date, we may suspend Services. If non‑payment exceeds 7 days, a $100 reactivation fee will be charged to the card on file, and Services may remain paused until all balances and the reactivation fee are paid.

3.5 Taxes

No sales tax is charged for the Services unless legally required.

4) Refunds & Chargeback Policy

4.1 Cooling‑Off for One‑Time Services

For one‑time projects, Client may cancel within 3 calendar days of purchase for a full refund provided work has not begun. If work has begun or after day 3, no refunds will be issued. This applies whether or not Client reaches out during that period.

4.2 Subscriptions

Subscription fees (including any investment retainer fee) are non‑refundable once the billing cycle starts. Mid‑cycle cancellations are not prorated unless required by law.

4.3 Chargeback Acknowledgment

By purchasing, Client acknowledges these refund rules. Client agrees to communicate good‑faith disputes to support before issuing any chargeback. Unauthorized chargebacks contrary to these Terms constitute a material breach, and we may suspend Services and seek recovery of fees, costs, and reasonable attorneys’ fees.

5) Changes, Overage & Scope Creep

5.1 Change Requests

Material changes outside the agreed scope require a Change Order. We will quote added time/cost before work proceeds.

5.2 Overage

Carrier pass‑through fees (e.g., A2P registration, messaging, number fees, AI API usage) and other third‑party costs will be charged at cost plus any administrative fee disclosed in your Order. If any third‑party fee increases exceed 20% month‑over‑month, we will notify you.

6) Intellectual Property

6.1 Ownership

Upon full payment of all amounts due for the applicable work, Client owns the final deliverables we specifically create for Client (copy, graphics, configured funnels, automations, and templates as delivered). We retain all underlying know‑how, frameworks, pre‑existing IP, and internal templates/tools, and we provide Client a non‑exclusive license to use what is reasonably necessary to enjoy the deliverables.

6.2 Portfolio Use

Client grants us the right to reference Client name/mark and display non‑confidential deliverables in our portfolio, website, and case studies. Client may revoke this right by written notice if a confidentiality obligation reasonably requires it.

7) Hosting‑Only Option; Data Continuity

7.1 Hosting‑Only (When Client Pauses Management)

If Client elects to pause active management but keep systems/data hosted: (a) Client pays a $77/month licensing/hosting fee; (b) We maintain platform access and hosting; (c) All resellable items must have Client’s own payment method attached; (d) Client may operate the CRM as if it were their own with custom add‑ons and resellable items.

7.2 Control & Responsibility During Hosting‑Only

When in hosting‑only status, control and legal responsibility for compliance and operations transfers to Client. We have no responsibility for Client’s use, compliance, or results until Client re‑engages us to manage the tier or a new project in writing.

7.3 Re‑Engagement

To resume managed services, Client selects an appropriate subscription tier and pays the first month (and any required investment retainer). Services resume on our confirmation.

8) Term; Termination; Minimum Terms

8.1 Standard Subscriptions

Unless stated otherwise in an Order, subscriptions are month‑to‑month and renew automatically until canceled with at least 7 days’ notice before the next billing date.

8.2 Custom Retainer Plans

If an Order includes a custom investment retainer and states a 12‑month minimum term, Client agrees to the 12‑month commitment. Early termination requires payment of remaining minimum‑term fees or as otherwise specified in the Order.

8.3 Suspension & Termination for Cause

We may suspend or terminate for non‑payment, material breach, unlawful content/activity, or carrier/platform policy violations. Client remains responsible for fees accrued to date.

8.4 Post‑Termination Data

Upon written request within 30 days after termination, we will provide reasonable export of Client data we control. After that window, data may be deleted or archived. Hosting‑only clients continue per §7.

9) Acceptable Use Policy (AUP)

You agree not to use the Services for: illegal activities; SHAFT content (sexually explicit content; hate/harassment; alcohol to minors; firearms; tobacco/vapes); deceptive, misleading, or unfair practices; sending to purchased or scraped contact lists; affiliate SMS blasting; malware; infringing content; violating platform or carrier rules; cannabis/controlled substances; gambling; debt‑relief or financial claims that violate law or carrier policy.

9.1 Anti‑Harassment & Frequency Caps

For marketing SMS/MMS, unless a campaign expressly states a different frequency at opt‑in, you will not exceed 5 marketing messages per contact per week and will honor STOP requests immediately. Transactional/operational messages should be limited to what is reasonably necessary.

10) Messaging & Voice Program Terms (A2P/TCR‑Ready)

These terms apply to any SMS/MMS or voice communications (“Messages”) we send on your behalf or that you send using systems we configure.

10.1 Brand & Campaign Registration

We will register brand and campaign(s) with The Campaign Registry (TCR) using your legal details (USDOTApp LLC dba Lunara), EIN, website(s), and support contact. Only branded links (lunaralaunch.com / mylunarasystem.com) will be used—no public URL shorteners.

10.2 Opt‑In Methods

Client agrees to use one or more compliant opt‑in methods, including: (a) web forms with unchecked checkboxes and TCPA consent language; (b) keyword (e.g., JOIN) to a designated number; (c) point‑of‑sale or QR with consent text; (d) paper forms; or (e) existing business relationship with explicit notice and an easy opt‑out. Client will maintain consent logs for at least 12 months (recommended 24 months).

10.3 Required Disclosures at Opt‑In

All opt‑in points will clearly state: program name; that recurring messages will be sent or specific frequency; “Msg & data rates may apply”; links to Terms and Privacy Policy; STOP/HELP instructions; and any age gating if applicable.

10.4 STOP/HELP Keywords

We will honor STOP, END, CANCEL, UNSUBSCRIBE, and QUIT. HELP returns program name, support email/phone, and a link to Terms/Privacy. After a STOP keyword, a single confirmation message will be sent that the opt‑out was processed.

10.5 Quiet Hours & Content Standards

Marketing messages will be sent only during 8:00am–8:00pm local time of the recipient (unless an applicable law requires stricter limits). No SHAFT content, and no claims that violate carrier policy.

10.6 First Message Confirmation (Required)

For each new opt‑in, the first message includes: program/brand name, program description, recurring/frequency, Msg&data rates may apply, STOP/HELP instructions, and support contact.

10.7 Web Form Requirements (HighLevel Best Practices)

Opt‑in forms must: identify Lunara; link Terms + Privacy adjacent to consent; show Msg&data rates may apply; state frequency; use unchecked checkboxes; and (when a phone field is required) provide separate checkboxes for operational vs. marketing consent.

10.8 Double Opt‑In (Recommended)

For marketing programs, we may enable DOI: “You requested Lunara messages. Reply YES to confirm. Msg&data rates may apply.” Upon YES, we send the confirmation in §10.6.

10.9 Prerecorded Voice & Ringless Voicemail (Voice Drops)

Informational voice drops to wireless numbers require prior express consent; telemarketing voice drops require prior express written consent. For business landlines, informational prerecorded calls may be placed with identification and an automated opt‑out; if line type is unknown, treat as wireless and obtain consent. Ringless voicemail to wireless mailboxes is treated as a call. All prerecorded messages identify the seller at the start, include a callback number, and provide an automated opt‑out honored within 10 business days.

10.10 Deliverability & Carriers

Delivery is not guaranteed. Carriers may filter or block messages. Client is responsible for message content and compliance. We implement best practices to reduce filtering (e.g., branded links, proper opt‑in, reasonable frequency).

10A) LunaBrain™ (GPT) Program (B2B Only)

LunaBrain™ is Lunara’s enterprise GPT assistant that we configure for each business tier to help plan, strategize, and scale marketing/operations. We sell only to businesses (B2B), not consumers.

10A.1 Nature of AI; Human Review

AI systems can produce incorrect, incomplete, or outdated content. Client agrees to review and verify LunaBrain™ outputs—especially legal, financial, medical, or safety‑relevant content—before use or publication. LunaBrain™ outputs are informational and not legal, financial, or professional advice.

10A.2 Provider & Training Controls

LunaBrain™ may use third‑party AI infrastructure (e.g., OpenAI or similar). We configure our provider so that content processed in the LunaBrain™ business workspace is not used to train provider foundation models. Provider may retain limited logs for abuse prevention and operations consistent with enterprise terms.

10A.3 Licensing & Access

Each business tier may (a) subscribe to LunaBrain™ as an add‑on or (b) purchase a custom license based on the duration and scope of training performed for Client. Unless otherwise stated in an Order, LunaBrain™ and all model configurations, prompts, embeddings, tools, and automations remain Lunara IP; Client receives a non‑exclusive, non‑transferable license to use LunaBrain™ during an active subscription or license term. Client content and data remain Client’s.

10A.4 No Refunds (LunaBrain™)

All LunaBrain™ subscriptions, licenses, training time, and configuration work are non‑refundable once initiated, due to immediate provisioning and irreversible compute/training costs.

10A.5 Non‑Payment; Suspension & Reactivation

If a LunaBrain™ subscription/license invoice is unpaid, access may be suspended. If not cured within 15 days of the due date, LunaBrain™ access will be disabled. Reactivation occurs upon payment of all past‑due amounts (no extra reinstatement fee unless specified in your Order).

10A.6 Acceptable Use

No use of LunaBrain™ for unlawful content; disallowed/“SHAFT” categories; deceptive claims; scraping in violation of site terms; or violations of platform or carrier rules. We may rate‑limit or suspend LunaBrain™ to protect systems, users, or third parties.

10A.7 Service Levels & Dependencies

LunaBrain™ availability depends on third‑party AI providers and integrations. We do not guarantee uninterrupted access and are not responsible for provider outages or content moderation delays.

10A.8 AI‑Specific Liability Cap

Subject to the general limitation of liability, Lunara’s aggregate liability arising from LunaBrain™ will not exceed fees paid for LunaBrain™ in the three (3) months preceding the claim. No liability for indirect, incidental, or consequential damages.

11) Data Protection & Security

We use reputable third‑party processors including Stripe (payments) and GoHighLevel (CRM/marketing). Each maintains its own security controls. We implement reasonable administrative, technical, and physical safeguards appropriate to our role.

11.1 Data Types & Restrictions

We do not intentionally collect sensitive personal data (e.g., health, biometric, financial account numbers) unless necessary for the Services and agreed in writing.

11.2 Retention

We retain consent logs and messaging records for at least 12 months (recommended 24 months) to support compliance and dispute resolution.

11.3 DPA

If required by applicable privacy law, we will provide a Data Processing Addendum upon request.

12) Warranties; Disclaimers

Services are provided on an “as is” and “as available” basis. We do not guarantee specific rankings, deliverability, or revenue outcomes. To the fullest extent permitted by law, we disclaim all warranties, express or implied.

13) Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services shall not exceed the fees paid by Client in the three (3) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages.

14) Indemnification

Client will indemnify, defend, and hold harmless Lunara and its officers, employees, and contractors from any third‑party claims, damages, liabilities, and costs arising from: (a) Client content, products, or services; (b) Client’s breach of these Terms; (c) violations of law, platform policy, or carrier rules; or (d) allegations arising from Client’s hosting‑only operations (§7).

15) Dispute Resolution; Governing Law; Venue

These Terms are governed by the laws of the State of Idaho, without regard to conflict‑of‑law rules.

15.1 Mediation (Mandatory)

If a dispute arises, the parties will first attempt to resolve it via good‑faith mediation in Ada County, Idaho with a mutually agreed mediator. Each party bears its own costs; mediation fees are split equally.

15.2 Arbitration (If Mediation Fails)

If the dispute is not resolved within 30 days after notice of mediation, it shall be resolved by binding arbitration seated in Ada County, Idaho, before a single arbitrator under the rules of the American Arbitration Association (AAA). Judgment on the award may be entered in any court of competent jurisdiction. Court proceedings are waived, except to enforce an award or seek injunctive relief for misuse of IP or confidential information.

15.3 Class Action Waiver; Opt‑Out

Disputes will be resolved only on an individual basis; class, collective, or representative actions are not permitted. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms (subject “Arbitration Opt‑Out”). Courts remain waived except small claims and to enforce an award.

15.4 Venue

For any permitted court action (e.g., to enforce an award), the exclusive venue is the District Court in Ada County, Idaho.

16) Confidentiality

Each party will protect the other party’s non‑public information and use it only to perform under these Terms.

17) Changes to Terms

We may update these Terms from time to time. Material changes will be posted on our website(s) and are effective upon posting. Continued use after the effective date constitutes acceptance.

18) Entire Agreement; Order of Precedence

These Terms, together with the applicable Order(s) and any incorporated policies, constitute the entire agreement. If there is a conflict, the Order controls, then these Terms.

19) Electronic Signatures

You consent to transact electronically. Clicking “I Agree,” paying an invoice, or using the Services constitutes your electronic signature and acceptance of these Terms.