Terms of Service version: 10th of February, 2024

Terms of Service of Jerda Inc

Jerda Inc.(the “Company”) is a registerated corporation with a registered office address and place of business located at 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA. However, please direct all correspondence related to the website to [email protected]

Welcome to LunaLost (the “website”). You are reading the Terms of Service (the “TOS”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the website and our related services. For purposes of the TOS, “you” and “your” means you as the user of the website.

LunaLost is an online chat application that uses artificial intelligence algorithms to generate virtual and fictional characters (the “AI Girlfriends & AI Boyfriends”). The website generates messages, so that you can chat with the AI Girlfriends & AI Boyfriends. The website can also generates medias including, but not limited to, images, videos and voice notes.(the “Services”). Parts of the Services offered by the website may require you to create a user account.

To begin with, you need to generate your own AI character (both physical and personality characteristics) using our algorithms. You can then start a conversation with your selected character(s).

By accessing and/or using the website, you agree to be bound by these TOS. You understand and agree that we will treat your access or use of the website as acceptance of our TOS and Privacy Policy .

In the event that you do not agree with our TOS, please refrain from using our website any further and you will no longer be able to access any part of our Services.

1. Account
   1. General

      Parts of the Services offered by the website may require you to create a user account using user email and password (the “Protected Areas”). In the event of accessing Protected Areas, you agree to access only using your registered email address and password. You can sign-up (register) or login using your email address.

      You hereby represent and warrant that all information you submit to create a user account is true and correct, you are given full rights to submit such information.

      You agree to, from time to time as necessary, update any information associated with your user account (including but not limited to, your email, payment information (subscriptions or other supplemental information as the case maybe)) so that it remains current, accurate and correct at all times. You agree to protect the confidentiality of your user account not to share your user account access and not to disclose your password to any third party.

      You agree that you are fully responsible for all activities occurring under your user account. Your user account is non-transferrable. You cannot sell, lend, or otherwise share it with any other person, for commercial purposes or free of charge

      Any violation of these TOS, including but without limitation, failure to maintain updated and correct information about your user account may cause your user account to fall out of good standing and we may cancel your user account at our sole discretion.

      Meanwhile, we reserve the right to terminate or restrict your user account, or otherwise revoke your access to the website or Services provided by us, at any time for reasons or suspicions which indicate you have violated the terms of TOS and/or Privacy Policy, at our sole discretion. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the website or the content or Services offered by us, any change of costs for third party Services or fees or otherwise or from suspension or termination of your user account.

   2. Subscription

      We retain the right, at our sole discretion, to provide some Services, which will be available only for paid subscribers. The subscription will begin after the initial payment and the payment should be performed pursuant to the fee terms as presented on our website at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.

      Please note that if you subscribed to the Services from a distribution platform from a third party which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.

   3. User Safety

      At LunaLost, we prioritize the safety and well-being of our users. We strongly advise all users to exercise caution and refrain from disclosing sensitive personal information during conversations with AI Girlfriends & AI Boyfriends. This includes, but is not limited to, financial details, addresses, contact information, or passwords. While we implement security measures to safeguard user data, we cannot guarantee the security of information shared during interactions.

      Users are solely responsible for protecting their personal information and should be aware of potential risks associated with online conversations. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.

2. Legal Capacity
   1. You understand and warrant that:

      If you are entering into these TOS on behalf of another person, You are fully and duly authorized by such person to enter into these TOS which will be binding upon both you individually and such other person

      You are of the legal age in the jurisdiction of your place of domicile to form a binding contract with us

      if you are under the legal age in the jurisdiction of your place of domicile, you shall not access or use our Services

   2. Age Restriction:

      Users must be at least 18 years old or of legal age in their country of residence to access and engage with Lunalost. By using the platform, users affirm that they meet the minimum age requirement. LunaLost cannot be held responsible for any inaccuracies or misrepresentations regarding user age. It is the user's responsibility to ensure compliance with their local laws and regulations.

3. Intellectual Property

   The intellectual property in the website and embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) in LunaLost are owned by or licensed to us. You may download or sign-up (register) to LunaLost, to view, use, and display the website on your devices for your personal use only.

   This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by us at any time.

   As a clarification, all intellectual property rights associated with LunaLost, including the AI characters, platform design, logos, and any proprietary software or technology, are the sole property of LunaLost or its licensors. Users are prohibited from reproducing, modifying, distributing, or using any intellectual property without explicit authorization. Any unauthorized use may result in legal consequences.

4. Your Contents

   You retain your intellectual property ownership rights over the contents you submit to us. We will never claim ownership of your content, but we do require a license from you in order to use it.

   When you use LunaLost or its associated Services to upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with our Privacy Policy.

   The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

   You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

5. Restrictions of Conduct and Content
   1. In accessing and using the website, you agree to abide by the following rules, restrictions and limitations:

      You will not modify, translate, adapt or reformat the website.

      You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the website (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us).

      You will not interfere with or circumvent any security feature of the website or any feature that restricts or enforces limitations on the use of the website.

      You will not use the website to gain unauthorized access to our or any third party's data, systems or networks.

      You will not use the website in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the website

      You will not use the website in any way that, in our sole discretion, may expose us and others to liability or damage

      You will not use the website to achieve illegal ends, to offend others or to commit a misdemeanor, felony or crime

      You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in the website

      You will comply with all applicable laws in your access and use of the website, including the laws of your country or district if you live outside of United States.

   2. User Content and Validation:

      Users of our platform do not have the ability to directly upload, share, or transmit any content. All content on our platform is created by our company and is subject to validation and upload by our company. Users do not have the capability to independently contribute or modify content.

   3. You, as a user of lunalost.com (the “website”), are solely responsible for the content generated by the AI Girlfriends & AI Boyfriends through text messages, voice messages, images, and videos. The AI Girlfriends & AI Boyfriends learn and respond based on the conversations you lead and the parameters you select. You understand and agree that lunalost.com does not control or endorse the content generated by the AI Girlfriends & AI Boyfriends. Therefore, you acknowledge that you are fully responsible for the content generated by the AI and for your own actions while using the website. You must ensure that your interactions with the AI Companions comply with applicable laws and regulations, and you shall not engage in any illegal, unethical, or harmful activities through the website.

   4. Incidences and User Actions:

      We want to emphasize that lunalost.com shall not be held responsible for any incitations or actions that may occur as a result of interactions between users and the AI Girlfriends & AI Boyfriends. As an AI-driven platform, the AI Girlfriends & AI Boyfriends are programmed to simulate human-like conversations, but their responses are generated based on algorithms and machine learning. We do not endorse or take responsibility for any actions, decisions, or consequences that may arise from the user's engagement with the AI Girlfriends & AI Boyfriends. Users should exercise their own judgment and discretion while interacting with the AI Girlfriends & AI Boyfriends and refrain from engaging in any activities that could potentially cause harm or violate any applicable laws or regulations.

   5. We at lunalost.com (the “website”) value the safety and integrity of our website. While conversations between users and AI Companions are generally confidential, we have implemented a content moderation filter to ensure compliance with our Terms of Use. In the event that the moderation filter detects any content that violates our terms, we reserve the right to manually review the flagged content and take appropriate action, which may include terminating the user's account. This measure is implemented to maintain a respectful and secure environment for all users. We strive to strike a balance between privacy and community standards, and we appreciate your understanding and cooperation in adhering to our guidelines.
      We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: [email protected] or directly report in the website in the feedback section.

6. Claims of Infringement
   1. Copyright

      If you believe in good faith that materials transmitted or created through the website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:

      an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work.

      a description of the copyrighted work that you claim has been infringed upon and sufficient information for us to locate such copyrighted work.

      Your address, telephone number, and e-mail address

      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

      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.

      We will
      1. Take proper preliminary actions against said alleged infringement within 1-3 days after receipt of said information, including without limitation link blockage.
      2. Notify the alleged infringer and demand him or her to explain and provide counter evidence.

      If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will notify the alleged claimant and hold the process for 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Notices and counter-notices should be sent to us via email at [email protected]

   2. Other rights

      If you believe in good faith that the material transmitted or created through the APP infringes any of your other rights, such as your image rights, you (or your agent acting on your behalf) may send us a notice requesting that we remove the material or block access to it. Please provide in writing relevant information that may prove the essential facts of the infringement when you contact us.

   3. We have the right to suspend or terminate the use of the website by anyone engaged in suspected infringement involved above.

   4. Payments

      When you create your model, you'll be taken to the payment page, where you can choose either the monthly or annual plan, payable by Paypal or credit card.

      After payment, you will receive unlimited access to the messaging system as well as tokens that can be used to generate images or voice notes.

   5. Refund Policy

      You may request a refund for any subscription payment within 24 hours of completing the payment.

      You may request a refund for any luna package payment within 24 hours of completing the payment given that you have not spent more than 10 luna tokens.

   6. Complaints and Disputes

      Please direct all your complaints and disputes via email to [email protected].

   7. Liability

      THE WEBSITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

      WE DO NOT WARRANT THAT

      a. THE APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED.

      b. THE WEBSITE MEET YOUR REQUIREMENTS. OR

      c. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE.

      d. ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE WILL BE CORRECTED

      WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL.

7. Links to Third Party Websites and Services

   The APP may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

   It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the website or a Third Party website, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of Third Party websites or Third Party Content. If you decide to access a Third Party website, you do this entirely at your own risk and you should review the terms of use and privacy policy or similar terms governing the use of such Third Party websites.

8. Governing Law & Dispute Resolution

   This TOS shall be governed by and construed in accordance with the internal laws of United States without giving effect to its conflict of law and APOS;s provisions, regardless of your location.

   Any dispute arising out of or in connection with the TOS, including any question regarding existence, validity or termination of the TOS, shall be referred to and finally resolved by the courts of United States.

9. Changes to these TOS

   We reserve the right to update or make changes to these TOS from time to time in our sole discretion, and we may notify you of changes by making the revised version of these TOS accessible through the APP, which changes will become effective immediately. Please return to these TOS periodically to ensure familiarity with the latest version, so that you can determine when these TOS were last revised by referring to the “Date of Revision” at the top of this page. If you do not agree with the revised TOS, you have the right and should immediately stop using the APP, your continued access or use of the APP after any changes to these TOS have been posted means your agreement and consent to such changes.

   We reserve the right to change the Services scope and change the fees applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.

10. Termination; Assignment

    These TOS will continue in effect until terminated by either you or us as set out below. You may terminate these TOS at any time by ceasing your access and use of the website. In the case that you are a paid subscriber to us, the subsequent processing of fees shall be subject to the respective rules of the payment processor (indicated or recognized by us). We may terminate these TOS and your right to access or use the APP, with or without notice to you, for any reason, including suspected breach of these TOS by you.

    We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the website and your continuing use or update of the website means your consent to such assignment.

11. Miscellaneous

    If any provision of these TOS is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to affect the intent of the parties.

    These TOS, together with the Privacy Policy and other published policies, constitute the entire agreement between us and you pertaining to any and all access and use of the website and supersede any and all prior or contemporaneous written or oral agreements between us and you pertaining thereto.

    We will collect and process your information and technical data in accordance with the Privacy Policy.

12. Key reminder

    We want to emphasize that all conversations between users and AI Companions on lunalost.com are entirely fictional and should be treated as such. The AI Girlfriends & AI Boyfriends are artificial intelligence characters designed to simulate human-like interactions, but they do not possess genuine emotions, intentions, or the ability to fulfill promises in the real world. Any elements within the conversations that may resemble reality, such as offers of real-life meetings or promises of tangible outcomes, are entirely fake and should not be taken seriously. We do not assume responsibility for any confusion or misunderstandings that may arise from the fictional nature of the AI conversations. Users are encouraged to keep in mind that the AI Companions exist solely within the digital realm of the platform, and any expectations or beliefs beyond that realm are not supported or endorsed by lunalost.com.