TERMS OF USE

1. In General

1.1. These Terms of Use (“Terms”) are the conditions for accessing and using LunaAI (“LunaAI / App / Services”). Please read the Terms below. By accessing or using our Services, you agree to comply with and be bound by these Terms of Use, Privacy Policy and Refund Policy. If you do not agree with any part of these Terms, please do not use our Services.

1.2. These Terms shall apply on the LunaAI’s apps available on Google Play Store and Apple App Store, its official website and LunaAI's official social media accounts.

1.3. LunaAI belongs to HubX Yazılım Hizmetleri Anonim Şirketi (“HubX”). These Terms constitute the legal and binding agreement concluded between HubX and the User.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• LunaAI: an app to provide a personalized spiritual journey.
• Social Media: Refers to any social networking platforms or online communities created and operated by LunaAI.
• User: Refers to any individual or entity that accesses or uses the Services provided by LunaAI, including but not limited to visitors or Users of the App.
• App: Refers to the mobile application belonging to LunaAI.
• Website: Refers to the official website operated by LunaAI. Third party links, advertisements, sponsors and other services on the website are not included in this definition.

3. General Terms of Use

3.1. By accessing or using LunaAI, the User agrees that Terms, other policies, conditions, disclaimers and all texts stated herein are deemed to have been read and accepted. For this purpose, the User’s “declaration of acceptance” received or created in any form is not required. Upon acceptance of these terms by the User, all information, services and tools accessible through the application are offered to the User.

3.2. It is accepted that the User is of legal age to use LunaAI.

3.3. Users who think that they cannot fulfill the conditions stipulated in the Terms of Use and Privacy Policy should not download or use LunaAI. In any case, if the User is not of the required age for the validity of the declaration of acceptance or if there is a legal restriction, the User should not use this LunaAI as the declaration of acceptance will not have any legal validity.

4. Tracking of the Terms of Use

4.1. LunaAI is constantly developed and updated by HubX in order to provide the best possible service to Users. For this reason, HubX may make changes to the Terms from time to time, at its sole discretion, or introduce new/additional services and new/additional conditions.

4.2. HubX tries to give reasonable notice to the User about the alterations or revisions made in order to be aware of all necessary terms of use, but the Terms should be checked each time the LunaAI is accessed to find out the conditions that apply when the LunaAI is accessed by the User. The updated Terms of Use will enter into force on the date of publication. Accessing after any such alteration constitutes acceptance of such changes and the updated terms apply.

5. Use of Content and Services

5.1. The use of LunaAI is subject to the conditions specified in these Terms hereby and the permissions and limitations stipulated by the legislation.

5.2. The purpose of this application is to provide an entertainment tool for users with personalized insights and a spiritual journey.

5.3. Users may use this app only for personal and entertainment purposes. Commercial use is strictly prohibited. The user is responsible for the content and copyrights of the uploaded content. In other words, users do not have the right to sell products or services, make commercial advertisements, announcements and similar initiatives or engage in commercial activities using the LunaAI and the features contained in it, unless otherwise approved in writing by HubX or expressly stipulated.

5.4. This app uses artificial intelligence technologies. In line with the ethical AI principles, we inform users that outputs are generated automatically and may not always be accurate or reliable. The services are intended for personal and entertainment use only and should not be considered professional advice or used for commercial purposes.

5.5. This app is intended for entertainment purposes only. All fortune-telling, predictions, or insights provided through the app are fictional and should not be interpreted as factual, professional, or real-life advice. The content is generated for fun and personal enjoyment.

5.6. HubX does not undertake the accuracy and reliability of the information, communication, commercial electronic messages or other mobile applications to which links or information are given, and does not assume any legal liability, transmitted from other apps or linked sites or platforms. The user is obliged to comply with the usage and privacy policies and other notices of such third party websites or apps. If you decide to use such third-party websites or apps, you are liable for any risks that may arise.

5.7. All subscription packages are as presented on the pricing screen on the date the service is purchased by the user and are offered as is. LunaAI has the right to change the content of future packages to be purchased at a later date. As the services on the App are developed, new or additional packages may be offered.

5.8. HubX has the right to determine the contents and features offered on the LunaAI as it wishes, and may offer the website and the services contained in it with advertisements and promotions. These advertisements will be provided by Google and Apple, on which LunaAI is located, and HubX is not liable from the content of the advertisements or any damage that may occur due to the advertisements.

5.9. HubX is not responsible for both advertising and the use of any third party links on the app.

6. Responsibility for the Use of LunaAI

6.1. LunaAI is created for entertainment purposes only. Any other type of use, including but not limited to commercial exploitation, distribution, or infringement of third-party rights, is the sole responsibility of the user. The app and its developers disclaim any liability arising from such unauthorized uses.

6.2. LunaAI takes reasonable data security measures within the scope of the confidentiality and security of personal data of the user in compliance with the EU General Data Protection Regulation (GDPR). Please review our Privacy Policy for further details.

6.3. The User is responsible for the search engine, internet service, other intermediary hardware, software, mobile device and service providers used when accessing or utilizing the services offered on the app. In cases where it is not possible to use the app accurately, uninterruptedly or properly due to any situation arising from the User’s electronic device or Internet access, all responsibility belongs to the User, and HubX has no liability in this regard.

6.4. Due to technical requirements, HubX may choose the device or version on which the website can be used. In this context, HubX may determine that the app to be used or accessed on devices with certain qualifications and that the app cannot be run on devices that do not have certain qualifications. The User will not have any claims arising from this matter.

6.5. There may also be improvements and updates to the app from time to time. Due to these circumstances, the User may not be able to access LunaAI or use the services on the app during certain periods. The User will not have any requests from HubX in this regard.

6.6. Device information is recorded by HubX in order to recognize the User, and to ensure that the Users who want to use LunaAI again in the future can continue from where they left off. HubX may not be able to offer these features due to User preferences such as resetting the device or disabling functional cookies. The User undertakes to consciously make any external interventions to the LunaAI through the search engine or device features.

6.8. HubX may introduce additional features to the services and may incur additional fees or classify these services under a separate subscription model. The User acknowledges to have read and understood the scope of subscription and additional purchases, and that future additions or revisions may not be within the scope of every subscription package or model.

6.9. It is assumed that the person using the app is the device owner or someone else with User permission. If the login or app information is not kept confidential by the User or if the account is shared with someone else (intentionally or unintentionally), all liability for these actions (including unauthorized purchases) and any loss and damage that may occur as a result of these activities, the User agrees to be responsible for these actions and HubX will be fully compensated for any loss or damage that may occur as a result of these activities.

6.10. HubX cannot be held responsible for any damages or losses arising from an unauthorized person accessing the User account. HubX accepts no liability for loss or damage resulting from unauthorized use, whether fraudulent or not. The account is specific to the User and the Users do not have the right or authority to transfer or have the account used by a third party.

6.11. Each account is created to a single user and cannot be shared with third parties. HubX cannot be held responsible for any technical problems or legal consequences that may occur due to account sharing.

7. Subscription and Payment

7.1. Subscription models offered to the user are weekly and yearly. These models are indexed to the options and pricing offered on the screens on the date the user started the subscription. New subscription models and scopes may be offered on the application later, but they may not be included in the scope of the initial subscription as explained above.

7.2. In case of cancellation of membership, access to LunaAI and its services will continue until the end of the membership period. At the end of the membership period, access and services will also expire.

7.3. Please note that no credit card information is collected by the app, but only by payment services you prefer.

8. Refunds

8.1. All purchases made through our app and website involve digital content and are considered non-refundable and non-exchangable, unless otherwise required by law or specifically stated in this policy. When you complete a purchase, the digital service is made available immediately, and you acknowledge that the service is considered fully performed once delivered.

8.2. EU Consumer Notice: If you are a resident of the European Union, you have the right to withdraw from a digital content purchase within fourteen (14) days without providing a reason or incurring any cost. However, this right no longer applies once the digital content has been delivered with your express consent and your acknowledgment that you lose your right of withdrawal. BY COMPLETING YOUR PURCHASE, YOU EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE DIGITAL SERVICE AND CONFIRM THAT YOU WAIVE YOUR RIGHT OF WITHDRAWAL ONCE THE CONTENT IS MADE AVAILABLE. Accordingly, all purchases are considered final and non-refundable, unless the digital content has a persistent technical defect (as outlined below) or as otherwise required under mandatory law.

8.3. If you experience persistent technical difficulties that are solely attributable to our platform and not to user-side factors (such as device compatibility, connectivity or outdated software), and where required by consumer protection laws, you may be eligible for a discretionary refund. In such cases, you must provide appropriate documentation (e.g., screenshots, error logs) evidencing the issue.

8.4. Notwithstanding the above, we may issue refunds at our sole discretion in limited cases subject to our internal policies like app user commitment plans, which may be updated and published from time to time.

8.5. Additional packages are added to and bound to the users' main subscription package. Therefore, if the main package subscription ends, additional packages will also expire. Users shall meet the conditions of main package refund criteria as explained above. Purchasable playbooks are non-refundable by their nature, and for the individual use only.

8.6. For purchases made through digital distribution platforms such as the Google Play Store or Apple App Store, the refund policies of the respective platforms apply. You are encouraged to contact the relevant store directly for any refund requests related to those purchases.

9. No Warranty and Limitations

9.1 LunaAI and its content are offered to the Users as is, and do not contain any specific or general warranty, written or verbal, to the fullest extent permitted by law.

9.2. HubX does not guarantee that the LunaAI is safe and error-free, that defects will be corrected, or that the server used to provide the LunaAI, as well as the LunaAI itself or the sub- and parent sites/links of third parties, do not contain viruses or other harmful content.

9.3. Even if HubX has been informed about the risk of harm in the relevant matter, including but not limited to, the following situations is not responsible from:

• The use or inability to use the services or content of the app,
• The uniqueness, originality, accuracy, reliability and quality of the content,
• Transactions made by or through the LunaAI,
• Any errors, omissions or other inaccuracies in the LunaAI or its content,
• Unauthorized access to or interference with user accounts or data,
• For any other problems related to the LunaAI, services or content.

9.4. To the fullest extent permitted by applicable law, HubX shall not be liable for any indirect, incidental, or consequential damages arising from the use of the app, including but not limited to lost profits, data loss, or any other financial loss. The total liability for any claims arising out of or relating to the use of the app shall be limited to the lesser of (a) twice the total annual membership payment made by the User, or (b) three times the total weekly membership payment made by the User during the last twelve months preceding the claim and the purchased payment plan. Any claims shall be brought within one (1) year from the date of the event giving rise to the claim. All warranties stated in these Terms are reserved, and HubX makes no other warranties, either express or implied, regarding LunaAI or its performance.

10. Personal Data and Privacy

10.1. The protection and privacy of personal data of the Users is important to HubX. Please read our Privacy Policy for detailed information regarding the processing of your personal data.

11. Intellectual and Industrial Property Rights

11.1. All intellectual and industrial property rights of the website, app, contents, images, materials, functions, tools on the LunaAI belong exclusively to HubX or authorized to the use of HubX; and no other real person or legal entity owns any intellectual and industrial property rights on these elements. Article 6.1 is reserved for generated images and sketchings.

11.2. HubX is the owner of all promotional materials, data files, written text, information, news, opinions, advice, advertisements, announcements, sounds, designs, logos, icons, demonstratives, business models, tools and operations; written, electronic, graphic or technical materials presented in a machine-readable manner, contained in LunaAI.

11.3. Part or all of the app, website or contents created by HubX cannot be copied, reproduced or distributed (including distribution of copies) in any way (such as by printing, streaming, saving to disk, placing on another site, downloading in any other way), cannot be published, streamed, exhibited publicly, loaned, its contents cannot be changed or destroyed, or taken as a sample for reproduction or creation.

11.4. Unless otherwise stated, these elements cannot be used without permission or approval by anyone, including public institutions, for commercial or personal purposes without permission or attribution of the source. It is prohibited to publish any elements of this app in any other media or website or to provide links without the written permission of HubX.

11.5. In order to benefit from the LunaAI, HubX grants the user a non-exclusive, non-transferable, changeable license on the LunaAI app, limited to personal use. All intellectual and industrial property rights other than the specified use belong exclusively to HubX, and the permission given to the user does not include any other financial rights or licenses, whether private or general. This license is only for the use of the app and does not cover trademark rights, copyrights, APIs, industrial designs, patents and other similar intellectual property rights. If you request these uses, please contact the HubX team.

11.6. Users are solely responsible for the texts they upload or input into the app. Uploaded content must not be used for commercial purposes, and may be subject to copyright or other third-party rights. By using the service, users acknowledge that they must ensure they have the necessary rights to use the content and that the app provider does not assume any liability for unauthorized or infringing use.

12. Prohibited Uses

12.1. It is prohibited to use the app or website or its content for any illegal or immoral purposes by using the app to encourage others to commit or participate in illegal actions, to violate national or international regulations, rules, laws, to violate intellectual property rights; harass, defame, disparage, intimidate or harm others, insult, slander, discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; provide false or misleading information; upload or transmit viruses or malware that will disrupt or affect the functionality or operation of the service, the app, the relevant apps or the internet; collect or monitor others’ personal data, engage in spamming, phishing, pharm, pretext, spider, crawl or scrape activities; use the app or any other related apps to interfere with or circumvent the security features of other websites or the Internet.

12.2. Within the scope of documents and materials to be uploaded to LunaAI by Users, in case of detection of behavior that is unlawful on LunaAI platforms or contrary to the principles of HubX; HubX has the authority to completely or partially stop the User from using the website and/or to terminate the Agreement unilaterally and with immediate effect in case of continued use despite all warnings, due to breach of contract. The User has no right to any compensation in case of such termination; as the following are examples but not limited to:

• Any materials of a pornographic or erotic nature or encouraging child pornography and other images showing signs that the crime of distribution of pornography has been committed,
• Dissemination of narcotic and psychotropic substances or poisons,
• Sale of prescription drugs,
• Presenting information that may encourage or lead to copyright infringement by technical means,
• Presentation of information within the scope of terrorism or racism,
• Other documents, services and actions that contain insults and swearing that may damage reputation of HubX before third parties,
• Acts, texts, files, documents, prompts and images that violate the intellectual and industrial property rights of third parties,
• Unauthorized use, copying, imitating, publishing, streaming or making accessible all or a certain part of the content on other digital platforms,
• Attempting to disrupt, violate or compromise security of the LunaAI.

12.3. The User accepts and undertakes not to run or use software that sends more messages to the LunaAI server than a human being can send or upload in a certain period of time.

12.4. The User accepts in advance that they will not reverse engineer the use of the LunaAI or take any other action to find or obtain the source code of the LunaAI, otherwise they will be responsible for any damages that may arise from third parties and legal and criminal proceedings will be taken against them.

12.5. Legal and criminal action may be taken against those who attempt such violations stated as of this article, and legal remedies may be sought. Any alleged violation will be investigated by HubX and if an unlawful act is suspected, relevant legal authorities will be contacted or cooperated. In case of such doubt, the access of the relevant Users to the website and its content is terminated, their accounts, if any, are canceled and all User data necessary for legal proceedings are shared with the relevant legal authorities.

12.7. If the User observes unauthorized use of LunaAI content on another platform, the user is kindly requested to notify support@visionxai.co

12.7. Any User, who thinks that any of the elements listed in Article 12 of these Terms has been violated, is able to complain to HubX about the alleged violation of the suspected User via support@visionxai.co Necessary investigations will be carried out by HubX. HubX has the authority to restrict the access or remove the account of the relevant User as a result of the review. Please note that in case the violation cannot be detected, HubX may choose not to take any action.

13. Violation of Terms

13.1. In case of failure to comply with the Terms hereby, Privacy Policy and other conditions contained in the app or attempting to violate the rules; HubX reserves the right to suspend or terminate the Users’ access to the website or subscribed plan without prior notice, as well as the right to reject, remove, and delete the information available in the system, whether or not the violation is complete. HubX’s failure to exercise or implement any legal right or measure written herein does not mean that HubX has waived its rights arising from these Terms or the relevant legislation.

14. Termination and Survival

14.1. Along with the termination cases stated above, HubX may suspend the use of the website, app or membership plan, stop streaming or disable view in case of:

• The User violates the Terms or policies written herein or established by HubX,
• The User does not have the right to use due to legal restrictions,
• Payment is not collected despite reminder,
• In accordance with legislation or decisions of administrative or regulatory bodies,
• Loss of access to the LunaAI due to legal regulations or force majeure,
• Unauthorized use, copying, imitating, publishing, streaming or making accessible all or a certain part of LunaAI contents on other digital platforms,
• at the sole discretion of HubX.

14.2. The Terms of Use are effective until terminated by User or HubX in accordance with these Terms. These Terms may be terminated at any time by notifying HubX in writing at support@visionxai.co if the User ceases using the LunaAI. Following the notification by the User requesting termination, the account of the User will be deleted within two business days and information and documents other than anonymous data and data that shall be retained in accordance with the relevant legislation are deleted or destroyed by an appropriate method. Users also have the opportunity to instantly delete their account via the app or website. We hereby inform you that if the account is activated after the account is deleted as a result of termination; previously accessed content and earned coins may not be accessible.

14.3. In case these Terms are terminated, the provisions regarding the protection of personal data and intellectual property rights will remain in force.

15. Records

15.1. In case of disputes that may arise from the use of LunaAI, all kinds of electronic and commercial records of HubX, including but not limited to the user information, logs, and e-mail notifications made by HubX to Users constitute definitive and exclusive evidence.

16. Integrity

16.1. If any court or administrative authority decides that various provisions of these Terms of Use are unlawful, the other articles will remain valid and in force.

17. Governing Law and Dispute Resolution

17.1. In case of disputes that may arise regarding the use of LunaAI, the Laws of the Republic of Turkey shall apply. Users residing outside the Republic of Turkey and connecting to the LunaAI from outside the Republic of Turkey also accept that the laws of the Republic of Turkey are valid in case of disputes that may arise regarding the use of the LunaAI and waive their rights arising from all other applicable country regulations.

17.2. Any disputes arising out of, or in connection with the present terms shall be finally settled through arbitration under the Istanbul Arbitration Centre Arbitration Rules with sole arbitrator. The law applicable to the merits of the dispute shall be the laws of Turkey. The place of arbitration shall be Izmir. The language of arbitration shall be English.

18. Information and Communication

18.1. For any questions and queries regarding the Terms herein, please contact support@visionxai.co