These Terms of Service ("Terms") are an agreement between you and Lunary Inc. ("Lunary Cloud", "we", "us", or "our"), a corporation incorporated under the Canada Business Corporations Act, with its office at 174 Spadina Ave, Unit 507, Toronto, Ontario M5T 2C2, Canada. They govern the lunary.cloud website, the customer dashboard and API, and the hosting service on which we run open-source business applications for you (together, the "Services"). By creating an account, subscribing, or using the Services you agree to these Terms. If you use the Services for an organization, you confirm that you have authority to bind it, and "you" means that organization.
If you have a signed agreement with us, that agreement controls wherever it conflicts with these Terms.
1. What the Service Is
Lunary Cloud provides managed hosting of open-source applications. We run the applications you deploy on a virtual server in Canada that is dedicated to your organization and not shared with other customers, keep them updated and reachable, back them up, and give you a dashboard and API to operate them. The applications themselves, such as n8n, Twenty, Stirling PDF, NocoBase, are third-party open-source software. We host them; we do not make them, and each remains governed by its own open-source licence, which nothing in these Terms restricts.
2. Beta Service
Lunary Cloud is a new service and we identify it as a Beta. Features may change, be added, or be withdrawn; you may encounter defects; and we may adjust plan limits and pricing on the notice set out in Section 6. We run the Services with the care described in these Terms, but during the Beta we make no commitment as to uptime or feature availability beyond the notice below and what a signed agreement with you says. We will announce when the Beta ends, and these Terms will continue to apply. Before we withdraw or materially reduce a feature your applications are using, we will email your billing contact at least 30 days ahead, unless a security or legal reason forces us to act sooner, in which case we will tell you as soon as we can.
3. Your Account
You must be at least 18, able to enter a binding agreement, and subscribing for business purposes rather than for personal, family, or household use; you confirm this when you subscribe, and we keep a record of that confirmation. You are responsible for everything done through your account and API tokens, for keeping your credentials confidential, and for the people in your organization you give access to. Tell us at once at hello@lunary.cloud if you believe your account has been compromised.
4. Your Data
Everything you and your team put into the applications we host, whether databases, files, workflows, or records, is yours ("Customer Data"). You grant us only the rights we need to host, back up, secure, and support it. We do not read, analyze, sell, or use Customer Data for our own purposes, and our staff access it only to operate the Services, to help you when you ask, or where the law requires. You are responsible for the lawfulness of the Customer Data you store and for any consents your own use of it requires. Our Privacy Policy describes the personal information we collect about you as our customer.
5. Acceptable Use
The Services are for running your business applications. You may not use them, or allow them to be used, to:
- break the law, infringe anyone's intellectual property or privacy, or store or distribute content that is illegal in Canada;
- send spam or any commercial electronic message that does not comply with CASL, or run open relays or proxies;
- mine cryptocurrency, run distributed computing or proof-of-work jobs, or otherwise use a server for anything other than the hosted application on it;
- attack, probe, or overload any system, including ours, or distribute malware;
- generate unbounded logs, execution history, or scratch data that fills a server's disk, or otherwise consume resources in a way that degrades the Services;
- circumvent plan limits, resell or sublicense the Services, or present them as your own hosting;
- process children's personal information without the consents the law requires, or host content that sexually exploits or abuses a minor.
If a workload endangers the stability or security of the Services we may take it offline first, without notice. Today that is a manual step by our operators, not an automatic one, and it stops the application rather than deleting it: your data is kept and the application can be redeployed. We will email your billing contact with the reason as soon as practicable afterwards. Otherwise we will tell you and give you a reasonable chance to fix a problem first.
6. Plans, Fees, and Payment
- Prices. All prices are in Canadian dollars and exclude applicable taxes, which we add where required. Current plans and their limits are on the pricing page and in your dashboard.
- Billing. Plans are billed monthly in advance through Stripe, our payment processor, and renew automatically each month until cancelled. You must keep a valid payment method on file.
- Setup window. When we activate your account a 30-day setup window begins; its end date is shown on your billing page and in the API. During it you can add a payment method and choose a plan from your dashboard. Nothing is switched off automatically when it passes and you can still subscribe afterwards; if an account remains without a subscription we may suspend its Services, but not sooner than 7 days after we email you.
- Failed payments. If a payment fails we email you and Stripe retries the charge. Nothing is switched off automatically. If the invoice stays unpaid we will write to you, and we will not suspend any Service until at least 7 days after that written notice, nor terminate it under Section 8 until it has been unpaid for a further 30 days.
- Plan changes. You can change plans from the billing portal in your dashboard. The portal shows when a change takes effect and any prorated charge before you confirm it.
- Price and limit changes. Before a price increase reaches you we will email your billing contact at least 30 days ahead, and the new price applies from your first renewal after that notice. If a change lowers your backup retention allowance, backups above the new allowance are pruned oldest first when it takes effect, and we will tell you before we apply it. If you do not agree to a change, cancel before it takes effect.
- Disputes. Tell us within 30 days of an invoice if you believe it is wrong and we will work it out with you. Please raise it with us before disputing a charge with your card issuer: a chargeback costs us a processing fee our payment processor does not refund even when the dispute is decided in our favour. If you dispute a charge for a reason other than fraud or an unauthorized transaction and it is decided in our favour, that fee is payable. We do not re-bill the disputed amount itself.
7. Cancellation and Refunds
- Cancel any time. You may cancel your subscription at any time from the billing portal in your dashboard or by emailing hello@lunary.cloud. We schedule cancellation for the end of the period you have paid for: your Services continue until the end of the period you have paid for, and you are not charged again.
- No refunds. Fees are non-refundable. Cancellation takes effect at the end of the billing period you have paid for and we do not refund unused time. Any credit we do issue is at our discretion under the next bullet.
- Service credits. Where an outage or error on our side has materially affected you, we may at our discretion credit part or all of the affected period against a future invoice. Ask us at hello@lunary.cloud.
8. Termination and What Happens to Your Data
By you. Cancel under Section 7, or delete individual applications from your dashboard at any time.
By us. We may terminate these Terms or any Service on 30 days' written notice for any reason, and immediately on notice if you materially breach these Terms and do not cure within 14 days of being told, if the law requires us to, or if your use presents a security or legal risk to us or to others. Notice under this Section is given by email to your billing contact by a member of our team, and no Service is suspended or terminated under this Section automatically. One narrower thing does happen on its own: if a custom domain you point at us fails its address or ownership check on 7 consecutive daily checks, we stop issuing new certificates for that hostname until it passes again.
Your data afterwards. Cancelling a subscription does not by itself delete anything: your applications keep running until the end of the paid period. Applications you deployed from the dashboard can be deleted by you at any time; for applications we provisioned for you, ask us and we will remove them. Once an application is deleted, its data and backups are kept for at least 30 days, during which you can restore it under the same name or download its backups. After that window they are deleted automatically. If you ask us to close your account we do the same for every application on it. Throughout, your backups are yours to download from the dashboard or the API, one file per backup, as a PostgreSQL dump (pg_dump custom format) for databases and a gzipped tar archive per data volume, at no charge. We do not hold your data hostage: if you leave, you take it with you.
Sections 4, 6, 7, 8, and 11 to 16 survive termination, as does any payment obligation that accrued before it.
9. Backups and Your Responsibility
Every hosted application with a database is given a daily database backup when it is created; you can change or turn off that schedule, and snapshot its file volumes on a schedule you set. Backups are stored off the server they came from, in Canada, and retained up to your plan's backup-storage allowance, which your dashboard shows. When retained backups exceed that allowance we delete the oldest first, except that we never delete the most recent backup and the most recent snapshot of any application, including one you have since deleted; if those alone fill your allowance, new backups pause until you raise it. We monitor each application's primary backup and alert ourselves when a run fails or when no successful backup has been recorded for 48 hours. We cannot guarantee that any particular backup is complete or restorable, or that it captures changes made while it was being taken. You remain responsible for keeping your own copies of data you cannot afford to lose and for testing that you can restore from them.
10. Support and Availability
We provide email support at hello@lunary.cloud on a best-effort basis during Toronto business hours; we do not commit to a response time unless a signed agreement says so. We use commercially reasonable efforts to keep the Services available and give notice of maintenance where we can. We do not offer an uptime guarantee or service-level credits except under a signed agreement.
11. Intellectual Property
The Services, meaning our platform software, dashboard, API, documentation, and branding, are owned by Lunary Inc. or our licensors. You receive a limited, non-exclusive, non-transferable right to use them for your business while these Terms are in force, and no other rights by implication. The open-source applications we host remain under their own licences. If you give us feedback or suggestions we may use them without obligation to you.
Other people's software and marks. The applications we host are made by other people. Their names, logos, and brands are the trademarks of their respective owners, and we use them only to say which software we run for you. Nothing on our site or in these Terms means those projects endorse, sponsor, or are affiliated with Lunary Cloud, or that we speak for them.
Their licences are yours to keep. You are the licensee of each application we host for you, and you are responsible for staying within its licence. That matters most in three places. If you modify an application's source, any obligation its licence attaches to modified or network-served versions is yours, and several of the applications we host are copyleft. If you add a commercial, enterprise, or paid plugin to a community edition, that licence is yours to hold. And if a licence restricts a use you have in mind, it restricts it whether or not we are the ones running the server. Ask us if you are unsure which licence an application ships under, and tell us before you modify one we deployed, so we do not update it out from under your changes.
12. Disclaimer of Warranties
Except as expressly stated in these Terms, and to the maximum extent the law allows, the Services are provided "as is" and "as available", without warranties or conditions of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services or the third-party applications we host will be uninterrupted, secure, or error-free.
13. Limitation of Liability
To the maximum extent the law allows: neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused; and our total liability to you for all claims arising out of or relating to the Services is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to a party's fraud or wilful misconduct, to your payment obligations, to your breach of Section 5, or where the law does not permit them to be limited. Some provinces do not allow certain limitations; there, these limits apply only to the extent permitted.
14. Indemnity
You will defend and indemnify Lunary Inc. against third-party claims, and the resulting damages and reasonable legal costs, arising from Customer Data, from your use of the Services in breach of these Terms, or from your violation of law. We will defend and indemnify you against third-party claims that the platform software we own, described in Section 11, infringes a Canadian patent, copyright, or trademark, provided you tell us promptly and let us control the defence.
15. Governing Law and Disputes
These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable there, without regard to conflict-of-laws rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of Ontario sitting in Toronto have exclusive jurisdiction over disputes arising from these Terms or the Services, and each of us agrees to their jurisdiction. Before starting any proceeding we each agree to try in good faith to resolve the dispute by discussion for 30 days. That wait does not apply to an application for interim or injunctive relief, to prevent irreparable harm or to protect intellectual property, which either of us may bring at any time.
16. General
These Terms, our Privacy Policy, and any signed agreement are the entire agreement between us about the Services. We may update these Terms; for material changes we email your billing contact at least 30 days before they take effect, and continuing to use the Services after that is acceptance. Neither party is liable for delay or failure caused by events outside its reasonable control. You may not assign these Terms without our consent; we may assign them to a successor to our business. If any provision is unenforceable the rest remain in force. Notices to us go to legal@lunary.cloud or 174 Spadina Ave, Unit 507, Toronto, Ontario M5T 2C2, Canada; notices to you go to your billing contact email.
17. Contact
Lunary Inc.
174 Spadina Ave, Unit 507, Toronto, Ontario M5T 2C2, Canada
legal@lunary.cloud
Questions? Email legal@lunary.cloud.