Terms of Use
Last updated:
These Terms of Use (“Terms”) govern your access to and use of the Lunadesk.ai platform, website, and related services (collectively, the “Service”) provided by Flashpricer LLC, a New Jersey limited liability company doing business as Lunadesk (“Lunadesk,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Definitions
“Account” means your registered account on the Service.
“Authorized Users” means individuals you authorize to access and use the Service under your Account, including your employees, contractors, and agents.
“Content” means any data, text, messages, information, or other materials submitted to, stored in, or transmitted through the Service.
“Customer Data” means any data, including buyer messages, order information, account metrics, and other information, that is imported into or collected through the Service from your connected marketplace accounts and selling channels.
“Marketplace” means any third-party e-commerce platform you connect to the Service, including but not limited to Amazon, Walmart, Shopify, and TikTok Shop.
“Subscription” means your selected plan and associated fees for access to the Service.
2. Account Registration and Eligibility
2.1. You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
2.2. You must provide accurate and complete registration information and keep this information current. You are responsible for all activity that occurs under your Account.
2.3. You are responsible for maintaining the confidentiality of your Account credentials. You must notify us immediately at support@lunadesk.ai if you become aware of any unauthorized use of your Account.
2.4. We reserve the right to suspend or terminate any Account that we reasonably believe violates these Terms or is being used fraudulently.
3. The Service
3.1. Lunadesk provides an AI-powered customer service helpdesk platform that enables marketplace sellers to manage buyer communications, draft and send responses, and monitor their selling operations across multiple e-commerce channels.
3.2. The Service includes, but is not limited to: a unified inbox for buyer messages, AI-powered response drafting and auto-sending capabilities, order data display, SLA tracking, team management tools, and reporting features.
3.3. We reserve the right to modify, update, or discontinue any feature of the Service at any time. We will provide reasonable notice of material changes when practicable.
4. Subscriptions, Billing, and Payment
4.1. Plans and Pricing. The Service is offered under various subscription plans as described on our pricing page. Each plan includes a specified number of messages per billing period, user seats, and features.
4.2. Message-Based Billing. Your plan includes a set number of messages per month. A “message” is counted when a buyer initiates a new communication to you through a connected channel. Your outgoing replies do not count toward your message limit. If you exceed your plan’s included messages, overage charges will apply at the rate specified for your plan.
4.3. Billing Cycle. Subscriptions are billed monthly or annually, depending on your selection. Annual subscriptions are billed upfront for the full year at a discounted rate.
4.4. Payment. All fees are charged in U.S. dollars. You authorize us to charge the payment method on file for all applicable fees. Fees are non-refundable except as required by applicable law or as explicitly stated in these Terms.
4.5. Additional Seats. If you add Authorized Users beyond the number of seats included in your plan, additional per-seat fees will apply as described on our pricing page.
4.6. Price Changes. We may change our pricing from time to time. Any price changes will apply to billing cycles that begin after the effective date of the change. We will provide at least 30 days’ notice of price increases.
4.7. Free Trials. If you register for a free trial, you may use the Service at no charge for the trial period specified at registration. At the end of the trial period, your Account will be converted to a paid Subscription unless you cancel before the trial ends.
4.8. Taxes. All fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and other taxes, excluding taxes based on our net income.
5. Acceptable Use
5.1. You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws, and the terms of service of any connected Marketplace.
5.2. You agree NOT to:
- (a) Use the Service to send spam, unsolicited messages, or messages that violate any Marketplace’s communication policies;
- (b) Use the Service to harass, threaten, or defraud any person or entity;
- (c) Attempt to gain unauthorized access to any part of the Service, other users’ accounts, or any systems or networks connected to the Service;
- (d) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
- (e) Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- (f) Use automated tools, bots, or scripts to access the Service except through our published APIs;
- (g) Sublicense, resell, or redistribute the Service to third parties without our prior written consent;
- (h) Use the Service to violate the intellectual property rights of any person or entity;
- (i) Transmit any viruses, malware, or other harmful code through the Service.
5.3. You are solely responsible for ensuring that your use of the AI features, including AI-drafted and auto-sent responses, complies with all applicable Marketplace policies and regulations. You acknowledge that AI-generated content may contain errors and that you are responsible for reviewing AI-generated responses before they are sent to buyers, or for configuring auto-send rules appropriately.
6. Customer Data and Marketplace Connections
6.1. Your Data. You retain all ownership rights in your Customer Data. By using the Service, you grant us a limited, non-exclusive license to access, process, store, and display your Customer Data solely to provide and improve the Service.
6.2. Marketplace Authorization. By connecting a Marketplace account to the Service, you authorize us to access your Marketplace data through the applicable Marketplace APIs on your behalf. You represent that you have the authority to grant this access and that doing so does not violate any agreement you have with the Marketplace.
6.3. Marketplace Compliance. You acknowledge that your use of the Service in connection with any Marketplace is subject to that Marketplace’s terms of service, policies, and guidelines. We are not responsible for any actions taken by a Marketplace against your account as a result of your use of the Service.
6.4. API Limitations. The availability and functionality of Marketplace integrations depend on the APIs provided by each Marketplace. We are not responsible for changes, limitations, or disruptions to Marketplace APIs that may affect the Service.
6.5. Data Retention. We will retain your Customer Data for the duration of your Subscription and for a period of 90 days following termination or cancellation, after which it may be permanently deleted. You may request export of your Customer Data at any time during your Subscription.
7. AI Features
7.1. AI-Generated Content. The Service uses artificial intelligence to draft responses, analyze messages, and automate certain tasks. AI-generated content is provided as a suggestion and may not always be accurate, appropriate, or complete.
7.2. Your Responsibility. You are solely responsible for all communications sent to buyers through the Service, whether drafted by you, your Authorized Users, or the AI features. We recommend reviewing AI-generated responses before sending them, particularly for sensitive or complex inquiries.
7.3. Auto-Send Mode. If you enable AI auto-send features, you acknowledge that the AI will send responses to buyers on your behalf without human review for the ticket types you have configured. You are responsible for configuring auto-send rules appropriately and monitoring auto-sent responses.
7.4. AI Improvements. We may use aggregated, anonymized data from the Service to improve our AI models and the Service generally. We will not use your Customer Data to train AI models for other customers without your consent.
8. Intellectual Property
8.1. Our Rights. The Service, including all software, designs, text, graphics, interfaces, and other materials (excluding Customer Data), is the property of Flashpricer LLC and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, trade names, logos, or other brand features.
8.2. Feedback. If you provide us with any suggestions, ideas, or feedback regarding the Service (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without obligation to you.
9. Third-Party Services
9.1. The Service may integrate with or contain links to third-party services, including Marketplaces, payment processors, and analytics providers. We do not control these third-party services and are not responsible for their content, privacy practices, or availability.
9.2. Your use of any third-party service is governed by that service’s own terms and policies.
10. Disclaimers
10.1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE AI FEATURES WILL GENERATE ACCURATE, APPROPRIATE, OR COMPLETE RESPONSES.
10.3. WE DO NOT WARRANT THAT THE SERVICE WILL PREVENT ANY ADVERSE ACTIONS BY MARKETPLACES AGAINST YOUR SELLING ACCOUNTS, INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSIONS, LISTING REMOVALS, OR PERFORMANCE METRIC IMPACTS.
11. Limitation of Liability
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLASHPRICER LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
11.3. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Flashpricer LLC, its officers, directors, members, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any Marketplace terms or policies; (d) your Customer Data; or (e) any communications sent through the Service on your behalf, including AI-generated communications.
13. Term and Termination
13.1. Term. These Terms are effective as of the date you first access or use the Service and continue until terminated.
13.2. Cancellation by You. You may cancel your Subscription at any time through your Account settings. Cancellation takes effect at the end of your current billing period. No refunds will be issued for partial billing periods.
13.3. Termination by Us. We may suspend or terminate your access to the Service at any time for any reason, including if we reasonably believe you have violated these Terms. We will provide notice of termination when practicable.
13.4. Effect of Termination. Upon termination, your right to access and use the Service ceases immediately. Sections 6.1, 8, 10, 11, 12, 14, and 15 survive termination.
13.5. Data Export. Following termination or cancellation, you may request an export of your Customer Data within 90 days. After 90 days, we may permanently delete your Customer Data.
14. Dispute Resolution
14.1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions.
14.2. Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Bergen County, New Jersey, or remotely at the option of either party.
14.3. Class Action Waiver. You agree that any disputes will be resolved on an individual basis and that you will not bring or participate in any class, consolidated, or representative action or proceeding.
14.4. Exceptions. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
15. General Provisions
15.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Flashpricer LLC regarding the Service and supersede all prior agreements and understandings.
15.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3. Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
15.4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
15.5. Notices. We may provide notices to you by email to the address associated with your Account or through the Service. You may provide notices to us at legal@lunadesk.ai or by mail to: Flashpricer LLC, Englewood, NJ 07631.
15.6. Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, or disruptions to internet or telecommunications infrastructure.
15.7. Modifications. We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or through the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Flashpricer LLC (d/b/a Lunadesk)Englewood, NJ 07631
Email: legal@lunadesk.ai
Website: https://lunadesk.ai