Terms of service
These Terms of Service (“Terms”) govern your access to and use of the website located at theoriginallunarmethod.com, purchases made through the website, and, where applicable, your access to, participation in or interaction with products, services, subscriptions, digital content, educational materials, personalized resources, analyses, calendars, customer-only or restricted resources, communities, communications and other offerings provided under The Lunar Method® brand.
These Terms form part of the contractual framework governing applicable purchases, services, customer access and participation in Lunar Method® Platforms. They should be read together with the applicable product or service description, checkout disclosures and policies and notices incorporated below.
Nothing in these Terms excludes, restricts, waives or modifies any statutory or mandatory right that applicable law does not permit the parties to exclude, restrict, waive or modify.
01 — WEBSITE OPERATOR, SELLER & CONTRACTING ENTITY
The website located at theoriginallunarmethod.com is operated by:
The Lunar Method – The Original Gender Sway LLC
2020 510th Ave
Armstrong, IA 50514
United States
Unless a different contracting entity is expressly identified to you at or before purchase, The Lunar Method – The Original Gender Sway LLC (“US LLC”) is the website operator, seller of the products and services offered through this website, service provider and legal entity with which you contract when you make a purchase through the website.
Products, services, resources and customer experiences are marketed and provided under the public-facing brand The Lunar Method®.
Accordingly, throughout these Terms:
“The Lunar Method®,” “The Lunar Method,” “Company,” “we,” “us” and “our” mean the US LLC when referring to the website operator, seller, service provider or contracting party, unless the context expressly indicates otherwise.
The use of The Lunar Method® as a public-facing brand name does not create a separate legal entity and does not change the identity of the contracting party.
UK INTELLECTUAL-PROPERTY ENTITY
Certain trademarks and other intellectual-property rights associated with The Lunar Method® are separately owned, held, controlled or administered by:
The Lunar Method – The Original Gender Sway Ltd
Company No. 16380568
71–75 Shelton Street
Covent Garden
London WC2H 9JQ
United Kingdom
(“UK Ltd”).
UK Ltd is a separate legal entity from the US LLC.
UK Ltd is not represented by these Terms as the seller, website operator or contracting party for purchases made through this website merely because it owns, holds, controls, licenses, administers or enforces intellectual-property rights associated with The Lunar Method®.
Where intellectual-property rights addressed in these Terms are owned or controlled by UK Ltd, references to the “applicable Lunar Method® rights holder” include UK Ltd.
Where appropriate, the US LLC may use intellectual property owned or controlled by UK Ltd pursuant to applicable rights, permissions, licences or arrangements between the entities.
Nothing in these Terms transfers ownership between the US LLC and UK Ltd or alters ownership of any trademark, copyright, Confidential Information, trade secret, know-how or other intellectual-property right.
Where legally permissible, UK Ltd is an intended beneficiary of provisions of these Terms protecting intellectual property owned or controlled by UK Ltd and may rely upon or enforce those provisions to the extent applicable to its rights.
USE OF THE LUNAR METHOD® BRAND NAME THROUGHOUT THESE TERMS
For readability, these Terms generally use The Lunar Method® rather than repeatedly stating the full legal name The Lunar Method – The Original Gender Sway LLC.
Unless a provision specifically concerns UK Ltd or another applicable rights holder, references throughout these Terms to The Lunar Method®, the Company, we, us or our should therefore be understood as references to the US LLC in its capacity as website operator, seller, service provider and contracting entity.
Where a provision concerns ownership, licensing, protection or enforcement of intellectual property, Confidential Information, trade secrets or confidential know-how, the provision may separately refer to UK Ltd or the applicable Lunar Method® rights holder, as appropriate.
LUNAR METHOD® PLATFORMS
For purposes of these Terms, “Lunar Method® Platforms” means, where applicable, the website and official pages, accounts, groups, communities, channels and other digital properties operated, administered or controlled by the US LLC under The Lunar Method® brand, including The Lunar Method® Sway® Circle, The Lunar Method® Official Community | Gender Sway, Reimagined.™, and other current or future official Lunar Method® social-media, community and digital properties.
A Lunar Method® Platform may be hosted through a third-party service. References to a Lunar Method® Platform mean the Lunar Method® business presence, account, page, group, community, channel or content operated or controlled through that service and do not mean that the US LLC or UK Ltd owns or controls the underlying third-party platform itself.
02 — TERRITORIAL APPLICATION & MANDATORY LAW
The US LLC makes products and services under The Lunar Method® brand available to customers in multiple jurisdictions.
These Terms are intended to operate internationally to the fullest extent permitted by the law applicable to the particular customer, transaction, product, service, conduct, claim or jurisdiction.
References in these Terms to rights, restrictions, exclusions, limitations, licences, waivers, remedies, cancellation rights, refund restrictions, governing law or other contractual provisions apply only to the extent they are lawful and enforceable in the circumstances.
Nothing in these Terms is intended to exclude, restrict, waive, displace or modify any:
- mandatory consumer right;
- statutory guarantee;
- withdrawal or cancellation right;
- mandatory refund, repair, replacement, repeat-performance or price-reduction right;
- jurisdictional protection;
- privacy or data-protection right;
- product-safety protection; or
- other mandatory legal protection
that applicable law does not permit the parties to exclude, restrict, waive, displace or modify.
Where mandatory law applicable to a particular customer, transaction or issue conflicts with these Terms, the mandatory law applies to the extent of that conflict.
The remainder of these Terms continues to operate to the fullest extent legally permissible.
The application of mandatory local law to one customer, transaction, territory or issue does not, by itself, alter the contractual terms applicable to another customer, transaction, territory or issue for which that law does not apply.
References to particular jurisdictions in these Terms are intended to address significant customer markets and do not imply that customers elsewhere lack applicable mandatory rights.
03 — ACCEPTANCE OF THESE TERMS
By placing an order, purchasing a product or service, enrolling in a subscription, creating an account, accessing customer-only materials, accepting access to a restricted Lunar Method® Platform, participating in Sway® Circle or otherwise expressly accepting these Terms, you agree to be bound by these Terms and applicable incorporated policies and conditions.
Because Lunar Method® customer products and services contain or may provide access to proprietary, non-public or confidential information, agreement to the intellectual-property, confidentiality, personal-use and restricted-use obligations contained in these Terms is a material condition of purchasing, receiving, accessing and using applicable Lunar Method® customer products and services.
Where completion of the Important Access & Intake Form or another applicable acknowledgment is required before initial activation or fulfillment, applicable customer access or fulfillment may be withheld or delayed until the required agreement has been completed and accepted.
A person who does not agree to applicable confidentiality, intellectual-property and personal-use obligations is not authorized to receive customer materials or access conditioned upon those obligations, subject to applicable law and any refund, cancellation or other right that applicable law requires.
Publicly accessible Lunar Method® Platforms are also subject to provisions of these Terms reasonably applicable to public users, including provisions concerning intellectual property, authorized use, impersonation, prohibited conduct and protection of Lunar Method® content.
Access to or participation in a third-party social-media platform remains separately subject to that platform's own terms, policies and technical requirements.
Where you are presented with a checkbox, button, form acknowledgment or other mechanism stating that you agree to these Terms or associated policies or conditions, selecting or submitting that mechanism constitutes your affirmative acceptance.
Electronic acceptance, electronic records and electronic communications may be used to form and evidence agreements to the extent permitted by applicable law.
Where applicable law requires separate, specific or express consent for a particular matter—including certain subscription, digital-content, privacy or early-performance matters—general acceptance of these Terms does not replace that separate consent unless applicable law permits it.
04 — INCORPORATED POLICIES, PRODUCT TERMS & ORDER OF PRECEDENCE
These Terms should be read together with the legal documents and conditions applicable to the relevant purchase or use, including where applicable:
- the Privacy Policy;
- the Return & Refund Policy;
- the Cancellation Policy;
- the Disclaimer;
- the Legal Notice;
- the Brand Integrity page;
- the Important Access & Intake Form;
- the Shipping Policy, where applicable;
- the Contact Information policy;
- individual product and package descriptions;
- subscription and renewal disclosures;
- checkout disclosures;
- applicable community rules;
- personal-use licences;
- confidentiality or restricted-use notices; and
- other product-specific terms expressly applicable to an offering.
The Disclaimer governs important limitations concerning the educational nature of our services, medical and fertility matters, biological and reproductive information, lunar-energy methodology, gender-swaying outcomes, individualized estimates, statistics, testimonials and other results-related matters.
The Legal Notice contains the principal consolidated public statement concerning intellectual-property ownership, proprietary rights, Confidential Information and related protections.
The Important Access & Intake Form, where applicable, documents customer information and applicable acknowledgments, agreements and consent choices required or relevant to initial access, fulfillment or service administration. Its confidentiality, intellectual-property and personal-use acknowledgments supplement and evidence applicable obligations contained in these Terms; they do not replace the fuller provisions of these Terms.
The Return & Refund Policy governs applicable returns, refunds, store credit and related financial remedies.
The Cancellation Policy governs applicable cancellation, postponement of eligible unused purchases, approved pauses or resumption of eligible active 1:1 services, and cancellation of future subscription renewals.
The Shipping Policy governs physical shipping and delivery matters where physical fulfillment applies.
The Contact Information policy identifies official business communication methods and applicable communication procedures.
The Privacy Policy explains how personal information is collected, used, disclosed, retained and otherwise processed. Applicable privacy choices, opt-out mechanisms and separate consent mechanisms operate alongside the Privacy Policy where required.
Your Privacy Choices is an operational privacy-rights mechanism rather than a contractual policy incorporated into these Terms.
The applicable product or service description forms part of the terms of purchase concerning matters such as scope, inclusions, duration, eligibility, commencement, delivery and participation requirements.
Where provisions genuinely conflict, a specifically agreed transaction or product term governs the particular matter it expressly addresses; these Terms govern general contractual matters; an incorporated policy governs the specific subject matter allocated to that policy; and mandatory law prevails over any inconsistent contractual provision.
No incorporated document excludes a right or remedy that applicable law does not permit us to exclude.
05 — ELIGIBILITY, AGE & LEGAL CAPACITY
Lunar Method® products and services are intended for adults aged 18 or older unless expressly stated otherwise.
By purchasing, subscribing or entering another contractual relationship with the US LLC, you represent that you are at least 18 years old and have legal capacity to enter the transaction.
You must not use Lunar Method® Platforms, products or services for an unlawful or unauthorized purpose or in a manner violating applicable law or another person's rights.
06 — NATURE OF THE LUNAR METHOD® SWAY® SYSTEM
The Lunar Method® Sway® System is a proprietary gender-swaying framework intended for adults seeking to pursue natural gender swaying.
The System combines or may incorporate biological cycle and ovulation tracking information with The Lunar Method® proprietary framework, including applicable personalization, Pre-Alignment requirements, qualifying tracking, lunar-energy timing, Peak Parameters, Personalized Peak Parameters, Alignment criteria, decision frameworks and related educational guidance.
The System is organized around:
PRE-ALIGNMENT
LEARN • TRACK • PERSONALIZE
and
ALIGNMENT
ALIGN • SWAY
Depending upon the purchased service, the US LLC may provide individualized educational interpretation and application of customer-supplied data within this framework.
This may include interpretation of LH information, BBT information, cervical mucus or other tracking information, hormonal-test information, cycle patterns, estimated ovulation ranges, Personalized Peak Parameters, lunar-energy timing, applicable Sway® criteria, Proceed/Skip guidance and post-Sway® analysis.
These services are more individualized than general educational content, but they remain non-clinical services provided within The Lunar Method® proprietary gender-swaying framework.
07 — BIOLOGICAL INFORMATION, LUNAR ENERGY & SCIENTIFIC DISTINCTIONS
The Lunar Method® draws upon different categories of information, and those categories should not be treated as having identical scientific status.
Biological cycle tracking, reproductive biology, ovulation-related information and other scientific or medical information may be discussed where relevant.
The inclusion of established biological or scientific information within the Sway® System does not establish the scientific validity of every separate component, theory, interpretation or proposition used within the proprietary System.
The Lunar Method® also uses a proprietary lunar-energy framework as part of its gender-swaying methodology.
References to Masculine Lunar Energy, Feminine Lunar Energy, lunar-energy timing, lunar alignment or theorized relationships between lunar energy, reproductive processes and the sex of a future child describe elements of The Lunar Method® proprietary methodology and should not be understood as representing that such relationships or mechanisms are established medical or scientific facts unless expressly stated and appropriately substantiated.
The methodology may be developed using research, internal observations, customer information, historical information, experience, proprietary analysis and other inputs.
Internal observations, customer outcomes, proprietary analysis and customer-reported results are not equivalent to controlled clinical research merely because they inform the methodology.
Nothing in these Terms should be interpreted as representing that the complete Sway® System has been clinically proven to determine or guarantee the sex of a future child.
08 — EDUCATIONAL NATURE, HEALTHCARE & PROFESSIONAL STATUS
The US LLC provides educational and informational gender-swaying products and services under The Lunar Method® brand, including individualized educational analysis and application within the proprietary Sway® System where included in a purchased service.
The US LLC and The Lunar Method® do not provide medical diagnosis, medical treatment, fertility treatment, emergency healthcare, genetic counselling or professional medical services.
A LUNAR® Expert is a branded service role within The Lunar Method®.
Use of that designation does not, by itself, mean that the individual is a physician, reproductive endocrinologist, nurse, midwife, pharmacist, genetic counsellor or other licensed healthcare professional.
Lunar Method® information should not be used as a substitute for medical advice, diagnosis or treatment from an appropriately qualified healthcare professional.
Customers should seek appropriate professional advice concerning fertility, pregnancy, pregnancy loss, medical conditions, medications, supplements, symptoms or health risks and should not disregard or delay professional medical advice because of information obtained through Lunar Method® products or services.
The US LLC does not instruct customers to begin, discontinue or change medication, supplements, medical testing, fertility treatment, contraception or another healthcare plan.
If you believe you may have a medical emergency, contact emergency services or an appropriately qualified healthcare professional.
09 — NO GUARANTEE OF CONCEPTION, PREGNANCY OR A BABY'S SEX
The Lunar Method® Sway® System is not assisted reproductive sex selection, embryo selection, genetic testing or a medical method of determining or guaranteeing the sex of a child.
We do not guarantee:
- ovulation;
- fertilization;
- conception;
- implantation;
- pregnancy;
- continuation of pregnancy;
- live birth;
- the precise biological moment of ovulation or conception;
- successful gender swaying;
- a boy;
- a girl; or
- any particular reproductive outcome.
The Lunar Method® may estimate or interpret an ovulation range or timing based upon information available within the applicable service. Such interpretation is not a definitive clinical confirmation of the precise biological moment of ovulation.
Personalization, Personalized Peak Parameters, MOON® Calendars, SWAY® Alignment, ZODIAC® analyses, Proceed/Skip determinations, percentages, estimated odds or other individualized information do not eliminate biological uncertainty or guarantee an outcome.
10 — PERSONALIZED ODDS, PERCENTAGES & GENDER-ALIGNMENT ESTIMATES
Certain Lunar Method® products or services may provide individualized estimates concerning masculine or feminine alignment or estimated boy/girl alignment under The Lunar Method® methodology.
Such estimates may be expressed as percentages, odds, ranges, categories or other comparative outputs.
Depending upon the service, estimates may take into account applicable customer-supplied cycle and tracking information, timing information, lunar-energy information, prior patterns, intercourse timing, products or approaches reported by the customer, proprietary parameters, applicable internal data, observational information and other factors used within the Sway® System.
These estimates are proprietary approximate estimates under The Lunar Method® methodology.
Unless expressly identified otherwise with appropriate substantiation, they are not clinical probabilities, genetic probabilities, medically established probabilities or independently validated scientific predictions of the sex of a future child.
A higher estimated alignment does not guarantee the corresponding outcome, and a lower estimated alignment does not establish that an outcome cannot occur.
The methodology, calculations, weighting, decision logic and other non-public processes underlying these estimates may constitute proprietary or Confidential Information and are not disclosed merely because a customer receives the resulting estimate.
11 — STATISTICS, REPORTED RESULTS & IDEAL LUNAR SWAYS
The US LLC may publish statistics, percentages, summaries or other information concerning outcomes reported or otherwise known to the business.
Where “Ideal Lunar Sways” is used in reporting results, it refers to Sway® attempts satisfying the applicable internal reporting and qualification criteria, including availability of sufficient relevant tracking information and information concerning adherence to applicable guidelines.
The applicable dataset may include qualifying successful and unsuccessful outcomes reported to the business and applicable 1:1 outcomes for which sufficient relevant information is available.
Customer-reported outcomes, internal business records and observational data are subject to limitations, including reporting patterns, incomplete information, differences between customers, verification limitations and changes in methodology or criteria over time.
Unless expressly stated otherwise, Lunar Method® outcome statistics are not represented as:
- randomized controlled clinical-trial results;
- independently audited population statistics;
- medical probabilities;
- population-wide success rates; or
- guarantees of an individual customer's outcome.
The methodology, relevant population, qualification criteria, reporting period and other context applicable to a particular statistic should be considered together with the statistic itself.
12 — IVF, IUI & ASSISTED REPRODUCTIVE TREATMENT
The Lunar Method® Sway® System is not compatible with and is not intended for use during IVF or IUI treatment.
Individuals undergoing IVF or IUI should not use the Sway® System for that treatment cycle and should follow the instructions of their fertility clinic or appropriately qualified healthcare professional.
The Lunar Method® is not an IVF or IUI protocol, does not select embryos or sperm and should not be used to modify, replace or override clinic-directed timing or treatment.
Nothing in this provision directs a customer to discontinue, postpone or alter medically recommended treatment.
13 — CUSTOMER RESPONSIBILITIES & ACCURACY OF INFORMATION
Certain products and services depend upon information supplied by you.
You are responsible for supplying information that is reasonably accurate, complete and timely, including applicable cycle information, dates, times, test results, tracking information, intercourse information where required for the purchased analysis, location or time-zone information and other information reasonably required for the service.
We cannot independently verify every observation, measurement, chart entry, test result, intercourse date, device reading, location, time entry or historical detail supplied by a customer.
Incomplete, inaccurate, inconsistent, delayed or insufficient information may affect our ability to perform an analysis, prepare a calendar, personalize information, provide guidance or complete another service.
Where qualifying tracking, participation, check-ins, timely submissions or other customer action is required, failure to satisfy those requirements may limit what can reasonably be provided and may affect progression within the Sway® System.
Customers are responsible for maintaining equipment, applications, email access, internet access and other customer-side tools reasonably required for participation.
We are not obligated to repeatedly pursue a customer for missing tracking, check-ins, information or required submissions unless expressly agreed otherwise.
14 — PRE-ALIGNMENT, QUALIFYING TRACKING & PROGRESSION
A minimum of three months of qualifying cycle-tracking data is required under the applicable Sway® System framework before progression into Alignment.
Three elapsed calendar months do not necessarily constitute three months of qualifying data.
Tracking must satisfy applicable requirements and be sufficiently complete, consistent and usable for the intended analysis.
Older information may provide historical context but does not necessarily replace the current qualifying tracking required under the applicable service.
Additional tracking may be required where available information does not establish the qualifying foundation required under the Sway® System.
Purchase of a pathway containing a later Alignment phase does not guarantee progression on a particular date where qualifying requirements have not been satisfied.
15 — 1:1 SERVICES, COMMUNICATION & PARTICIPATION
Certain Lunar Method® offerings provided by the US LLC include scheduled 1:1 educational support.
Unless the applicable product description expressly provides otherwise:
- services begin on the scheduled commencement date;
- support is structured rather than continuously monitored;
- communication does not constitute 24-hour or emergency support;
- customers are responsible for required check-ins and submissions; and
- support is limited to the scope and duration purchased.
Where weekly check-ins are included, customers are responsible for participating and supplying information reasonably required for review.
Where surge assistance is included, customers are responsible for submitting applicable surge information in accordance with service procedures and timing.
We cannot guarantee time-sensitive analysis of information that has not been submitted or has been submitted too late for reasonable review.
Unused support time, missed check-ins, delayed participation or periods in which a customer elects not to participate do not automatically pause, extend or restart a fixed-duration service unless expressly agreed, permitted under the Cancellation Policy, or required by applicable law.
16 — SERVICE COMMENCEMENT, SCHEDULING, POSTPONEMENT, PAUSES & EXPIRATION
Where a service is sold for a specified month, number of months, scheduled period or commencement date, it is provided during that applicable period.
Certain 1:1 services may be scheduled to commence on the first applicable weekday of a new month or another date identified in the product description, purchase communication or onboarding information.
Purchasing before the scheduled commencement date does not necessarily cause 1:1 service performance to begin immediately.
Customers are responsible for timely completion of required onboarding information, including the Important Access & Intake Form where applicable.
Customer delay in completing onboarding, submitting tracking, responding to communications or participating does not automatically extend the scheduled service period.
Where postponement of an eligible unused purchase is available, the applicable conditions are governed by the Cancellation Policy.
Where a pause of an active 1:1 service is requested, any pause is subject to the applicable Cancellation Policy, approval requirements, scheduling availability and any updated tracking, eligibility or readiness requirements applicable to resumption.
Active non-1:1 products, access or services are not ordinarily pausable unless expressly stated otherwise or required by applicable law.
A service is not retroactively treated as unused merely because a customer does not fully participate after performance or access has commenced.
Nothing in this section limits remedies required where the US LLC fails to provide the purchased service or mandatory law provides otherwise.
17 — MOON® CALENDARS & PERSONALIZED PEAK PARAMETERS
MOON® Calendars are supplied according to the scope and delivery arrangements applicable to the product purchased.
Different MOON® offerings may contain different lunar-energy timing, Peak Parameter, LFD, personalization or other information.
Customers are responsible for providing accurate location, time-zone and other information requested for preparation or delivery.
Future calendar months need not be supplied earlier than the delivery schedule applicable to the purchased product.
A multi-month purchase or subscription does not create a right to receive all future calendar months immediately where staged delivery applies.
Where Personalized Peak Parameters are offered, eligibility requirements may apply.
Where a product incorporates Personalized Peak Parameters established through an earlier qualifying Lunar Method® service, incorporation of those parameters does not itself include creation of new parameters, a new multi-cycle analysis or recalculation unless expressly included.
MOON® Calendars and associated materials are provided for the authorized customer's personal use and remain subject to applicable copyright, licence, confidentiality, personal-use and redistribution restrictions under these Terms.
The inclusion of public astronomical, calendar or other factual information within a MOON® Calendar does not convert that factual information into Confidential Information merely by inclusion. Nor does the presence of such information eliminate protection that may independently apply to qualifying original expression, selection, arrangement, compilation, personalization, proprietary methodology or confidential non-public information contained within or supplied with the calendar.
18 — PROCEED/SKIP GUIDANCE & “SAFE TO SWAY”
Certain services may provide a Proceed/Skip, Yes/No or similar determination under the Sway® System.
Where wording such as “safe to sway” or “safe” is used, it refers solely to whether the applicable information satisfies the proprietary Sway® criteria for proceeding with the intended gender-swaying attempt.
It does not mean:
- medically safe;
- medically approved;
- free from reproductive or pregnancy risk;
- safe from conception;
- contraceptively safe; or
- clinically cleared.
A Proceed determination means that the applicable Sway® criteria support proceeding under the analysis performed.
A Skip determination means that those criteria do not support the intended Sway® attempt under that analysis.
Neither determination is a medical instruction, medical prohibition, contraceptive recommendation or guarantee of outcome.
19 — PRODUCTS, SERVICES & SCOPE OF PURCHASE
Purchasing one Lunar Method® product or service from the US LLC does not entitle a customer to features, support, recalculation, analysis, monitoring, resources, community access, future updates or deliverables associated with another offering unless expressly stated.
The applicable product description identifies the principal scope, duration, inclusions, eligibility and deliverables purchased.
Customer products and services are supplied subject to the intellectual-property, confidentiality, personal-use and restricted-use provisions of these Terms.
The fact that a particular product contains both public information and protected material does not eliminate restrictions applicable to qualifying protected or confidential components.
Products and services may be renamed, reorganized, modified, expanded, replaced or discontinued.
Such changes do not automatically alter an existing contractual commitment where applicable law or applicable purchase terms do not permit such alteration.
20 — PRICES, PAYMENT, TAXES & ORDERS
Prices are displayed in the applicable store or checkout and may change before purchase.
A later price change does not retroactively change a completed transaction unless required by law or expressly agreed.
You agree to provide current and accurate billing information and authorize applicable charges through our payment processors.
Applicable taxes, duties or other charges may be collected where required.
Your financial institution or payment provider may independently impose currency-conversion, international-transaction or other charges.
Subject to applicable law, the US LLC may refuse or cancel an order for a legitimate reason including payment failure, fraud, unauthorized payment activity, a genuine pricing or listing error, misuse of a promotion, prohibited resale, circumvention of purchasing restrictions, refusal to complete a required pre-fulfillment agreement or acknowledgment, or material breach of these Terms.
If the US LLC cancels a paid order before supplying the purchased benefit, amounts required to be returned will be handled in accordance with the Return & Refund Policy and applicable law.
21 — SUBSCRIPTIONS & AUTOMATIC RENEWAL
Certain offerings sold by the US LLC are available through recurring subscriptions.
Before enrollment, material subscription terms will be disclosed as required by applicable law, including applicable recurring pricing, billing frequency, renewal information and cancellation information.
By affirmatively enrolling, you authorize recurring charges in accordance with the subscription terms presented to you.
Subscriptions continue until cancelled or otherwise terminated.
Stopping use, failing to access benefits, ceasing participation, abandoning an account, becoming pregnant or leaving a community does not itself cancel recurring billing.
Cancellation ordinarily prevents subsequent renewals and does not retroactively reverse a charge properly processed before cancellation became effective, except where applicable law, the Return & Refund Policy, the Cancellation Policy or applicable purchase terms provide otherwise.
Applicable renewal dates, cancellation procedures, cancellation deadlines and fulfillment rules are governed by the subscription terms presented for the applicable product, the Cancellation Policy, and other applicable purchase disclosures.
Any request for a refund, store credit or other financial remedy relating to a subscription charge is governed by the Return & Refund Policy and applicable law.
Nothing in these Terms limits mandatory subscription consent, renewal notice, reminder, cancellation or other protections applicable to the customer.
22 — SUBSCRIPTION CANCELLATION
Customers may cancel a subscription using the cancellation mechanism made available for the applicable subscription, including an online customer portal or another designated method.
The Cancellation Policy contains the principal terms governing subscription cancellation procedures, future renewals and applicable cancellation channels.
Where email cancellation assistance is offered, requests should be sent to the designated business email and are subject to reasonable processing requirements disclosed in the Cancellation Policy, subject always to applicable law.
Requesting or receiving a customer-portal link does not, by itself, constitute cancellation. Where self-service cancellation is available, the customer should complete cancellation through the applicable portal or other designated mechanism unless an authorized representative of the US LLC confirms that cancellation has been completed on the customer's behalf.
Personal Facebook profiles, personal Messenger accounts, personal social-media accounts and other private or non-designated accounts belonging to founders, owners, team members or representatives are not designated cancellation channels.
A message sent solely through a non-designated channel should not be relied upon as confirmation of cancellation unless an authorized representative confirms cancellation or applicable law requires recognition of the request.
Stopping use, failing to participate, becoming pregnant, leaving a community or no longer requiring the subscription does not itself cancel future recurring billing.
Cancellation of a subscription governs future recurring renewal and does not, by itself, create a right to a refund, store credit or reversal of a charge already properly processed. Any applicable financial remedy is governed separately by the Return & Refund Policy and mandatory law.
Where applicable law requires a particular cancellation method, mechanism, acknowledgment, effective date or timing, that requirement controls.
23 — RETURNS, REFUNDS, STORE CREDIT & STATUTORY RIGHTS
Purchases from the US LLC are governed by the Return & Refund Policy.
Except where required by applicable law or expressly provided by our policies or purchase terms, purchases are final and non-refundable.
Where expressly provided, certain completely unused purchases may qualify for discretionary store credit.
Accessing, receiving or using an included component—such as customer-only digital content, applicable LUNAR® Guides, Sway® Circle access or another immediate-access benefit—may cause the applicable purchase to cease to qualify as completely unused, subject to the Return & Refund Policy and mandatory law.
Personalized work may be considered commenced when individualized preparation, review, analysis, calendar preparation or other performance begins even where a final output has not yet been delivered.
Cancellation, postponement or an approved pause does not, by itself, create a refund or store-credit entitlement. Cancellation-related procedures are governed by the Cancellation Policy, while refunds, returns, store credit and related financial remedies are governed by the Return & Refund Policy.
Where physical goods are offered, applicable return, damaged-item, defective-item and other physical-product remedies are governed by the Return & Refund Policy, applicable Shipping Policy provisions and mandatory law.
No “final sale,” “non-refundable” or similar provision applies to the extent a refund, cancellation, repair, replacement, repeat performance, price reduction, statutory withdrawal or other remedy is required by applicable law.
A refund, store credit, cancellation or other financial remedy does not, by itself, transfer ownership of Lunar Method® intellectual property or terminate confidentiality, personal-use or restricted-use obligations that are intended and legally permitted to survive.
24 — DIGITAL CONTENT, IMMEDIATE ACCESS & EARLY PERFORMANCE
Certain products provide immediate or prompt access to digital content, resources, communities or services.
Where applicable law provides a statutory cancellation or withdrawal period, the US LLC may request that you expressly request or consent to performance beginning during that period, expressly consent to immediate supply of applicable digital content and, where legally applicable, acknowledge the consequences of immediate performance or supply.
Where applicable law requires separate express consent or acknowledgment, acceptance of these Terms alone does not substitute for that separate mechanism unless applicable law permits it.
Nothing in these Terms independently removes a statutory cancellation or withdrawal right where the legally required conditions have not been satisfied.
25 — PRIVACY, REPRODUCTIVE INFORMATION & SOCIAL-MEDIA INTERACTIONS
Performance of certain Lunar Method® services may involve information relating to menstrual cycles, ovulation tracking, LH or other hormone-test information, BBT, cervical mucus, intercourse timing, conception attempts, pregnancy-related information or other reproductive or health-related information.
Customers may communicate information through the website, forms, email, approved messaging channels, communities, social-media platforms or other methods applicable to a service.
The US LLC's collection, use, storage, disclosure, retention and other processing of personal information are governed by the Privacy Policy and applicable data-protection law.
Where applicable law treats particular information as health data, special-category data, sensitive personal information, consumer health data or another specially protected category, that information is subject to the requirements applicable to its processing.
Where applicable law requires separate explicit consent, authorization or another separate lawful condition for processing particular sensitive or specially protected information, the applicable lawful mechanism will be sought or relied upon as required.
General acceptance of these Terms does not constitute explicit consent to process sensitive cycle or reproductive information where applicable law requires that consent to be obtained separately.
Where applicable, a separate consent choice may be presented through the Important Access & Intake Form or another appropriate mechanism.
Declining or withdrawing consent does not, by itself, prevent access to products or services that do not require the relevant processing, but the US LLC may be unable to provide, continue or complete a personalized product or service where processing of the relevant information is genuinely necessary to provide it.
The website and online store are hosted through Shopify. Shopify may collect and process personal information when visitors interact with the store or make purchases, including information processed to provide Shopify services and, where applicable and enabled, services that use information from interactions with Shopify, this store and other merchants.
Depending upon technologies and services enabled on the store and applicable law, certain advertising or data-processing activities may constitute “sale,” “sharing” or “targeted advertising” under applicable privacy laws.
Applicable privacy choices, consent controls, opt-out rights and methods for exercising those rights are described in the Privacy Policy and through applicable website privacy controls, including Your Privacy Choices where available.
Information posted publicly or within a third-party social-media environment may also be processed by the operator of that platform under its own terms and privacy practices.
Nothing in these Terms independently creates consent or another lawful basis where applicable privacy or data-protection law requires a separate basis, notice, authorization or consent.
26 — PERSONAL-USE LICENCE, CUSTOMER MATERIALS & AUTHORIZED ACCESS
Unless expressly stated otherwise, Lunar Method® customer materials are supplied under a limited, personal, non-exclusive, non-transferable, non-sublicensable and, where legally permissible, revocable licence for the authorized recipient's own personal, non-commercial use, subject to applicable terms and mandatory law.
Purchase does not transfer ownership of underlying intellectual property, methodology, templates, systems, calculations, Confidential Information, trade secrets, confidential know-how, designs, compilations, resources, branding or other proprietary rights.
The personal-use licence permits the authorized customer to use the purchased or supplied material for the personal purpose for which access was granted. It does not include a right to redistribute, teach, republish, sublicense, commercially exploit or provide customer-only or Confidential Information to another person.
Except where expressly authorized by the applicable Lunar Method® rights holder or otherwise permitted by applicable law, protected customer materials and Confidential Information may not be reproduced, published, distributed, sold, sublicensed, taught, commercially exploited or made available to another person.
Where applicable personal-use, confidentiality or restricted-use conditions formed part of the applicable access arrangement, those conditions may apply regardless of whether the authorized access was:
- purchased;
- provided without charge;
- complimentary, promotional or temporary;
- granted as part of testing, a trial, pilot, research, feedback or methodology-refinement process;
- provided through a private, closed, hidden, members-only, invitation-only or administrator-approved group or community;
- provided through a package, calendar, consultation, message, comment, post, file, course, digital resource or other authorized channel;
- granted through invitation, approval or a legacy access arrangement; or
- provided before the present website, package structure, commercial offering or business organization was established.
Nothing in the preceding paragraph retroactively imposes these Terms upon a person who did not accept them or another applicable agreement.
The existence, scope and enforceability of obligations arising from historical access depend upon the terms, notices, rules, permissions and applicable law governing that access.
Authorization to receive, view or use customer materials or Confidential Information personally does not, by itself, authorize the recipient to disclose, publish, teach, reproduce, distribute, commercialize, reverse engineer or use that information to create a competing, derivative or substitute offering.
27 — ACCOUNT SECURITY, CREDENTIALS & ACCESS SHARING
Access rights are personal to the authorized customer unless expressly stated otherwise.
Without authorization, customers must not share credentials, passwords, private download links, customer-only links, paid access, private-group access or other restricted access or circumvent technical controls.
Customers must not permit another person to use their authorized access as a means of viewing, receiving, copying or benefiting from customer-only materials or Confidential Information that the other person is not independently authorized to access.
Customers are responsible for taking reasonable steps to protect their credentials.
The US LLC may reasonably restrict or suspend access to investigate unauthorized access, credential sharing, security concerns, unauthorized disclosure of Confidential Information or material breach.
28 — INTELLECTUAL PROPERTY ACROSS LUNAR METHOD® PLATFORMS
The US LLC, UK Ltd and/or another applicable Lunar Method® rights holder, as applicable to the particular right, own, control or license intellectual property associated with The Lunar Method® brand, website, products, services, Sway® System and Lunar Method® Platforms.
Applicable rights may include copyright, trademark, service-mark, design, trade dress, get-up, passing-off, unfair-competition, database, confidentiality, trade-secret, contractual, licensing, goodwill, know-how and other rights.
Protected Lunar Method® content may include qualifying original:
- educational posts and written explanations;
- graphics, illustrations and diagrams;
- photographs and videos;
- livestream and audiovisual materials;
- podcast materials;
- captions and written copy;
- LUNAR® Guides and excerpts;
- MOON® Calendar materials;
- educational series;
- branded templates;
- product and package artwork;
- logos, marks and source identifiers;
- customer-only resources;
- original instructional responses and explanations;
- compilations and qualifying selection or arrangement of content; and
- other original, confidential or proprietary business material.
Publication or display on a website, social-media account, group, community, channel or other third-party platform does not, by itself, place Lunar Method® material in the public domain, waive applicable intellectual-property rights or grant viewers an unrestricted licence to reproduce, republish, adapt, distribute or commercially exploit protected material.
Any rights separately granted to the operator of a third-party platform through that platform's terms do not, by themselves, grant other users unrestricted rights in Lunar Method® material.
The Legal Notice contains the principal consolidated public statement concerning intellectual-property ownership and protection.
Nothing in these Terms claims exclusive ownership of facts, abstract ideas, general methods or systems, biological facts, scientific facts, astronomical facts or other matter that applicable law does not protect.
The inclusion of unprotectable facts, ideas, data or other material within Lunar Method® content does not prevent qualifying original expression, selection, arrangement, explanation, compilation, implementation, Confidential Information, trade secrets, confidential know-how or other legally protectable elements from receiving whatever protection applicable law provides.
29 — CONFIDENTIAL INFORMATION, CUSTOMER CONFIDENTIALITY & TRADE SECRETS
Lunar Method® products, services, packages, subscriptions, customer resources, personalized services and customer communities contain or may provide access to proprietary and non-public information developed, compiled, tested, refined, organized or used by the US LLC, UK Ltd and/or another applicable Lunar Method® rights holder.
Agreement to the confidentiality, intellectual-property, personal-use and restricted-use obligations contained in these Terms is a material condition of purchasing, receiving, accessing and using applicable Lunar Method® customer products, services and resources.
For purposes of these Terms, “Confidential Information” means non-public information belonging to, developed by, controlled by or lawfully protected by the US LLC, UK Ltd or another applicable Lunar Method® rights holder that is disclosed or made available in connection with a Lunar Method® product, service, package, subscription, personalized service, customer community, communication or other authorized customer relationship and that is identified as confidential, proprietary or restricted or reasonably should be understood from its nature, content, method of disclosure or circumstances of access to be confidential, proprietary or restricted.
Confidential Information may include, without limitation:
- non-public methodology underlying The Lunar Method® Sway® System;
- LUNAR® Guides and other non-public customer educational resources;
- non-public content, instruction and resources within Sway® Circle;
- proprietary calculations, formulas, criteria, weighting and decision logic;
- Peak Parameter methodology and Personalized Peak Parameters;
- personalization, timing, analysis and application procedures;
- non-public Sway® criteria;
- personalized analyses and the non-public methodology, criteria or processes reflected within them;
- private LUNAR® Expert guidance, instructional explanations and responses;
- internal research, observations, testing, development, refinement and validation information;
- non-public procedures, workflows, technical information, business information and know-how;
- information concerning how or why components of the Sway® System are selected, weighted, combined, interpreted or applied;
- non-public materials contained in or supplied with packages, programs, subscriptions or customer resources; and
- other proprietary non-public information supplied or made available through the customer relationship.
Confidential Information may be communicated or supplied through a product, package, subscription, Sway® Circle, LUNAR® Guide, MOON® Calendar, personalized analysis, 1:1 service, consultation, email, approved messaging channel, file, PDF, workbook, video, recording, post, comment, instructional thread, customer portal, private community or another authorized method.
CUSTOMER DUTY OF CONFIDENTIALITY
By accepting these Terms and receiving access to Lunar Method® Confidential Information, you expressly agree to maintain that Confidential Information in confidence and to use it solely for your own authorized personal, non-commercial purposes.
Except where expressly authorized in writing by the applicable Lunar Method® rights holder or otherwise permitted or required by applicable law, you must not:
- disclose or provide Confidential Information to any unauthorized person;
- copy, forward, publish, post, upload, transmit, distribute or otherwise make Confidential Information available to another person;
- provide another person with LUNAR® Guides, non-public Sway® Circle materials, personalized analyses, parameters, instructional materials or other Confidential Information;
- share screenshots, photographs, recordings, downloads, files, extracts or reproductions of Confidential Information;
- disclose Confidential Information to friends, family members, other swayers, online groups, social-media communities, businesses, competitors or other unauthorized persons;
- teach, coach, explain, demonstrate or provide another person with non-public Lunar Method® methodology or Confidential Information;
- sell, license, sublicense, monetize or otherwise commercially exploit Confidential Information;
- use Confidential Information to create, develop, assist, improve or support a competing, derivative or substitute product, service, system, methodology, resource or commercial offering;
- disclose non-public calculations, criteria, parameters, weighting, decision logic, processes or implementation methods;
- systematically collect, catalogue, map, compile, combine or analyze Confidential Information for the purpose of reconstructing, disclosing, teaching, replicating or commercially exploiting non-public methodology;
- use Confidential Information for unauthorized artificial-intelligence training, model development, dataset creation, automated extraction, scraping or similar processing;
- use another person, intermediary, entity, automated system or other indirect means to perform an act these confidentiality obligations prohibit you from performing directly; or
- enable another person to receive or use Confidential Information without authorization.
Purchase provides only the rights expressly granted for the customer's authorized personal use. Purchase does not include permission to share, teach, publish, distribute or disclose Lunar Method® Confidential Information.
Authorization to receive Confidential Information personally does not authorize the customer to provide that information to another person.
CONFIDENTIALITY AS A CONDITION OF CUSTOMER ACCESS
Where acceptance of these Terms, the Important Access & Intake Form or another applicable confidentiality or personal-use acknowledgment is required before initial fulfillment or activation, the US LLC may withhold or decline applicable fulfillment or access until the required agreement has been completed and accepted.
A person who does not agree to the applicable confidentiality, intellectual-property and personal-use obligations is not authorized to receive Lunar Method® Confidential Information or customer access conditioned upon those obligations.
Nothing in this subsection eliminates any refund, cancellation or other right required by applicable law.
PAID, INCLUDED, COMPLIMENTARY, TESTING & HISTORICAL ACCESS
The confidentiality of qualifying Confidential Information does not depend upon whether a separate fee was charged specifically for the information.
Where applicable confidentiality or restricted-use conditions governed the access, Confidential Information may remain confidential notwithstanding that it was:
- included within a paid product, package or subscription;
- supplied as an included benefit without a separately itemized charge;
- supplied through Sway® Circle or another restricted community;
- supplied through LUNAR® Guides or another customer resource;
- supplied through complimentary, promotional, trial or invited access;
- supplied during testing, pilot participation, research, feedback, development or methodology refinement;
- supplied through a private, closed, hidden, members-only, invitation-only or administrator-approved environment;
- communicated orally, visually, electronically or through social media;
- distributed across multiple restricted posts, messages, files, communications or platforms;
- shared with multiple authorized customers, members, testers or participants; or
- supplied through historical or legacy access.
Disclosure of the same Confidential Information to multiple authorized persons does not, by itself, make that information public or eliminate applicable confidentiality obligations.
Nothing in this subsection retroactively imposes these Terms upon a person who never accepted them or another applicable confidentiality obligation.
The existence, scope and enforceability of obligations arising from historical access depend upon the terms, notices, rules, permissions, agreements and applicable law governing that access.
TRADE SECRETS & CONFIDENTIAL KNOW-HOW
Certain Confidential Information may additionally constitute or receive protection as trade secrets, confidential information, confidential know-how, proprietary information or another legally protected category under applicable law.
Qualifying information may include non-public formulas, methods, techniques, processes, procedures, compilations, calculations, weighting, decision logic, personalization processes, implementation procedures, research, testing and refinement information, technical information, business information, strategies, know-how and other non-public information satisfying the requirements for protection under the law applicable to the information, conduct, parties or jurisdiction concerned.
The US LLC, UK Ltd and/or another applicable Lunar Method® rights holder uses and may continue to use measures intended to preserve the secrecy and confidentiality of qualifying information, including contractual confidentiality obligations, affirmative customer acknowledgments, personal-use restrictions, customer-only environments, paywalls, membership and access controls, confidentiality notices, limits on disclosure, internal access restrictions, records of authorized access and, where appropriate, separate confidentiality or nondisclosure agreements in non-customer business relationships.
The contractual confidentiality and restricted-use obligations contained in these Terms apply independently of whether particular Confidential Information ultimately qualifies for statutory, common-law, equitable or other trade-secret protection in a particular jurisdiction.
Nothing in these Terms purports to create trade-secret status where the requirements of applicable law are not satisfied.
Nothing in these Terms limits any protection or remedy otherwise available to the US LLC, UK Ltd or another applicable Lunar Method® rights holder under applicable federal, national, state, provincial, territorial, member-state, common, statutory, equitable or other law governing trade secrets, confidential information, breach of confidence, breach of contract, intellectual property, unfair competition, passing off, misappropriation or related rights.
INFORMATION THAT IS NOT CONFIDENTIAL
Confidential Information does not include information to the extent the recipient can demonstrate that the information:
(a) was intentionally and lawfully made publicly available by the applicable Lunar Method® rights holder without applicable confidentiality or restricted-use obligations;
(b) was already lawfully known to the recipient without an applicable confidentiality obligation;
(c) was independently developed without use of or reliance upon applicable Confidential Information;
(d) was lawfully obtained from a third party entitled to disclose it without an applicable confidentiality restriction; or
(e) must be disclosed under applicable law or valid legal process, subject to any legally permissible limitations or notice requirements.
Information does not become public merely because multiple authorized customers, members or participants possess or have received the same Confidential Information.
A customer remains free to discuss her own personal experience, opinions, cycle, pregnancy, family, results and gender-swaying journey and information intentionally made publicly available by The Lunar Method®.
That freedom does not authorize disclosure of Lunar Method® Confidential Information merely because that Confidential Information formed part of the customer's experience.
RELATIONSHIP TO OTHER INTELLECTUAL-PROPERTY RIGHTS
Not every Lunar Method® product, communication or piece of information constitutes Confidential Information or a trade secret.
Public information, facts and other information that cannot lawfully be restricted remain subject to applicable law.
However, the fact that particular material does not constitute Confidential Information or a trade secret does not itself eliminate copyright, trademark, contractual licence, personal-use or other rights that may independently protect the material.
Likewise, the inclusion of public facts or other unprotectable information within a Lunar Method® product does not automatically authorize copying, redistribution or commercial exploitation of qualifying protected expression, selection, arrangement, compilation, branding or other legally protected elements.
PROTECTED DISCLOSURES & LEGAL RIGHTS
Nothing in this section prevents a lawful disclosure required or protected by applicable law, confidential communication with legal counsel, communication with a court, regulator, law-enforcement authority or other competent authority, truthful lawful consumer review, protected whistleblowing or exercise of another right that applicable law does not permit the parties to waive.
30 — SURVIVAL OF CONFIDENTIALITY & RESTRICTED-USE OBLIGATIONS
The customer's contractual confidentiality, intellectual-property, personal-use and restricted-use obligations do not terminate merely because a purchase, package, service, subscription, membership, community access or customer relationship ends.
Cancellation, expiration, completion, refund, store credit, termination, suspension, removal from a community, cessation of services, pregnancy, completion of a Sway®, discontinuation of gender swaying or loss of access does not create permission to disclose, reproduce, teach, distribute, commercially exploit or otherwise use Confidential Information or protected customer materials in a manner prohibited while access was active.
Confidentiality obligations concerning qualifying Confidential Information survive for so long as the information remains confidential or for another period validly agreed and enforceable under applicable law.
Trade-secret and confidential-know-how obligations survive for so long as the applicable information remains legally protectable or for such other period as applicable law or a valid contractual obligation provides.
Expiration of access does not convert Confidential Information into public information and does not create authorization to disclose, reproduce, teach, commercially exploit or otherwise use protected information outside the authorized scope.
Nothing in this section prevents exercise of a non-waivable legal right or lawful protected disclosure.
31 — UNAUTHORIZED DISCLOSURE & DOWNSTREAM ACCESS
Unauthorized disclosure does not itself create authorization.
The ability to locate, view, receive or download Lunar Method® material after unauthorized disclosure does not by itself transfer ownership, grant a licence, waive applicable rights, authorize commercial exploitation or establish public-domain status.
A person lacking authority to grant rights cannot create a licence on behalf of the applicable Lunar Method® rights holder merely by distributing the material.
Where a person subject to these Terms receives customer-only, restricted or Confidential Information through unauthorized credential sharing, forwarded communications, screenshots, recordings, copied materials, accidental access, technical error or another unauthorized route, receipt of that material does not expand that person's authorized rights of use.
A customer subject to these Terms who receives or retains Lunar Method® Confidential Information through an unauthorized disclosure remains subject to applicable confidentiality and restricted-use obligations and may not rely upon the unauthorized disclosure itself as permission to disclose or exploit that information.
Downstream rights and liabilities depend upon applicable law, knowledge, conduct and circumstances.
Nothing in these Terms purports to impose contractual obligations upon a person who never accepted these Terms or another applicable contractual obligation merely because that person encounters Lunar Method® material.
Any rights or liabilities concerning such a person arise under whatever law, rights or independently applicable obligations actually govern the circumstances.
32 — MODIFICATION, RECONSTRUCTION & INDIRECT CIRCUMVENTION
Modification does not itself create authorization.
Subject to applicable law, unauthorized rewriting, paraphrasing, translation, recoloring, reformatting, rearrangement, rebranding, digitization, transcription, adaptation or AI-assisted transformation does not create a licence in underlying protected expression, Confidential Information, trade secrets, confidential know-how or trademarks.
A person subject to applicable confidentiality or restricted-use obligations must not combine, compile, map, catalogue or systematically analyze fragments of restricted or Confidential Information obtained through different materials, communications, services, communities, accounts, posts, messages, files or periods of access for the purpose of reconstructing, disclosing, teaching, replicating or commercially exploiting non-public methodology or other Confidential Information beyond the authorized scope.
A person subject to these Terms may not use an intermediary, third party, automated system or other indirect method to perform an act these Terms prohibit that person from performing directly.
Nothing restricts lawful independent creation, lawful analysis, legally protected activity or use of facts, ideas or other material that applicable law permits a person to use.
33 — COMPETITIVE ACCESS, REVERSE ENGINEERING & RESTRICTED MATERIALS
Competitors may lawfully review publicly available Lunar Method® information to the extent permitted by law.
A person accepting these Terms must not obtain customer-only or restricted access through deception, false identity, unauthorized credential sharing or circumvention for unauthorized exploitation of non-public Confidential Information or proprietary information.
Authorization to participate personally in a customer, testing, pilot, feedback, refinement or restricted environment does not, by itself, authorize participation for an undisclosed commercial or competitive purpose inconsistent with the conditions governing that access.
A customer may not use Confidential Information received through authorized customer access for an unauthorized competitive purpose merely because the customer originally obtained the information lawfully.
Nothing prohibits legitimate competition, lawful independent creation, legally protected interoperability or reverse-engineering rights, or lawful use of public or unprotectable information.
34 — ARTIFICIAL INTELLIGENCE, SCRAPING & AUTOMATED EXTRACTION
Except where expressly authorized by the applicable Lunar Method® rights holder or otherwise permitted by applicable law, protected, proprietary, customer-only, restricted or Confidential Information may not be systematically used for:
- unauthorized commercial AI training;
- machine-learning training or fine-tuning;
- model retraining;
- dataset creation;
- retrieval or embedding databases;
- systematic scraping;
- bulk extraction or automated copying;
- reconstruction of confidential methodology; or
- development of competing systems from Confidential Information.
A customer must not upload or submit Confidential Information to an artificial-intelligence or other third-party system where doing so would disclose the information outside the authorized scope or grant rights inconsistent with the customer's confidentiality obligations.
Technical accessibility does not itself constitute permission.
Nothing prohibits activity that applicable law permits and does not allow us to restrict.
35 — RECORDING, SCREENSHOTS & PRESERVATION
Except where expressly authorized or otherwise permitted by applicable law, customers and members may not record, reproduce, systematically screenshot, photograph, archive for redistribution, publish or distribute restricted communications, private-group content, customer-only educational materials, Confidential Information or private service content.
Except where expressly authorized or otherwise permitted by applicable law, screenshots, recordings, copies, photographs or extracts from protected or Confidential Information may not be used to provide unauthorized access to another person, reconstruct confidential methodology, teach restricted content, evade personal-use restrictions or commercially exploit Lunar Method® materials.
Possession of a screenshot, recording, download, copy, photograph or extract does not expand the recipient's licence or terminate applicable confidentiality obligations when the underlying information remains protected.
Nothing prohibits reasonable retention of a customer's own transaction records or communications for legitimate personal, legal, regulatory or evidentiary purposes or disclosures protected or required by law.
36 — CUSTOMER & MEMBER CONTENT
The US LLC does not claim ownership of all material created by customers, members or other users merely because that material is submitted or posted through a Lunar Method® Platform.
Subject to applicable third-party platform terms, customers and members retain rights they hold in their original user-generated content.
Where content is submitted as reasonably necessary for performance of a purchased service, you grant the US LLC the rights reasonably necessary to receive, review, process and use that content to perform the service and administer the customer relationship, subject to the Privacy Policy and applicable law.
Where a member posts content within a Lunar Method® Platform, the member grants the US LLC only those rights reasonably necessary to administer, display, moderate and operate the relevant community or digital property, together with any additional rights separately and validly granted through an applicable submission, consent or licence.
Posting content within a community does not, by itself, grant the US LLC or UK Ltd an unrestricted right to use that content as advertising, a testimonial or a Sway® Story outside the context in which it was submitted.
Where the US LLC wishes to use identifiable customer-created content for promotional or testimonial purposes beyond rights already lawfully available, the applicable consent, licence, authorization or other legal basis will govern that use.
37 — REVIEWS, TESTIMONIALS, SWAY® STORIES & ENDORSEMENTS
The US LLC may publish or share customer reviews, testimonials, Sway® Stories and other customer experiences where it has an appropriate basis to do so.
Reviews, testimonials and endorsements used or presented under The Lunar Method® brand will not knowingly be fabricated or materially altered to misrepresent the customer's experience.
Where an endorsement or review has been incentivized or another material connection exists, disclosures will be made where required by applicable advertising or consumer-protection law.
Customer testimonials and Sway® Stories describe individual experiences and do not guarantee that another customer will achieve the same or a similar result.
Nothing in these Terms prohibits or penalizes a customer or member for providing a truthful and lawful review, opinion or assessment of The Lunar Method®, its products, services or conduct.
A customer may describe her own experience and opinions without reproducing, publishing, teaching or disclosing Lunar Method® Confidential Information that is not reasonably necessary to communicate the review or that remains independently subject to a lawful confidentiality restriction.
Nothing prohibits a lawful complaint, report to a regulator or consumer-protection authority, request for legal advice, participation in legal proceedings or another exercise of a non-waivable legal right.
The foregoing does not authorize unlawful threats, harassment, impersonation, infringement, unlawful disclosure of another person's protected personal information or disclosure or exploitation of Confidential Information or trade secrets where lawfully restricted.
Additional limitations concerning testimonials, statistics, Sway® Stories and outcomes are contained in the Disclaimer.
38 — LUNAR METHOD® COMMUNITIES, TESTING ENVIRONMENTS & SOCIAL MEDIA
The US LLC operates, administers or controls official communities, social-media accounts, pages, groups, channels and other digital properties under The Lunar Method® brand.
These may include:
- The Lunar Method® Sway® Circle;
- The Lunar Method® Official Community | Gender Sway, Reimagined.™;
- official Lunar Method® business pages and profiles;
- official social-media accounts;
- official video, podcast and media channels;
- customer-only groups or communities;
- subscription-related communities;
- educational or promotional channels; and
- other current or future official Lunar Method® digital properties.
Historically or currently, restricted environments may also include private, closed, hidden, testing, pilot, feedback, research, methodology-refinement, early-access, invitation-only or administrator-approved groups or communities.
Some Lunar Method® Platforms may be publicly or freely accessible. Others may be restricted to customers, subscribers, package holders, approved members, testers, participants or other eligible persons.
Where access is restricted or customer-only, approval or authorization to participate grants only the scope of access and use applicable to that environment.
Restricted or customer-only access does not, merely because it is free, complimentary, historical, testing-related or provided to multiple participants, convert non-public materials or Confidential Information into unrestricted public material.
Where a restricted or customer-only environment contains Confidential Information, members subject to applicable confidentiality obligations must maintain that information in confidence even if individual members are permitted to discuss their own experiences.
Access to a restricted community through purchase of a Lunar Method® product or service forms part of that purchase only where community access is expressly included in the applicable offering.
Community access does not itself include individualized Sway® analysis, cycle interpretation, Personalized Peak Parameters, Proceed/Skip guidance, personalized recommendations, surge assistance or 1:1 support unless expressly included in the applicable purchased product or service.
The availability of a free Lunar Method® community does not create an entitlement to services or resources reserved for paying customers.
Membership in Sway® Circle does not create an entitlement to individualized Sway® advice or services reserved for applicable 1:1 customers.
39 — COMMUNITY & SOCIAL-MEDIA CONDUCT
Participation in Lunar Method® Platforms may be subject simultaneously to these Terms, applicable Lunar Method® community rules, applicable product or subscription terms and the terms, policies and technical requirements of the third-party platform through which the relevant Lunar Method® Platform is hosted.
Where applicable rules or access conditions have been accepted, this may include participation in current or historical testing, pilot, feedback, methodology-refinement, early-access or other restricted communities.
Members and users must not:
- unlawfully harass, threaten or impersonate another person;
- unlawfully disclose another person's personal or private information;
- distribute malware or engage in fraudulent or unlawful conduct;
- infringe intellectual-property, privacy or other legal rights;
- disclose, reproduce, distribute or commercially exploit Lunar Method® Confidential Information or restricted materials without authorization;
- provide another person with unauthorized access to a restricted, customer-only or paid community;
- circumvent membership, subscription or technical access restrictions;
- systematically scrape, harvest, download, archive or extract restricted community content without authorization;
- systematically collect, combine or analyze restricted community information for unauthorized reconstruction of non-public methodology;
- use restricted access to obtain Confidential Information or proprietary information for unauthorized competitive exploitation;
- solicit or induce another member to provide unauthorized copies of restricted materials or Confidential Information;
- falsely represent affiliation with, authorization from or endorsement by the US LLC, UK Ltd or The Lunar Method®;
- conduct unauthorized commercial solicitation where prohibited by applicable community rules; or
- materially violate applicable community rules.
The US LLC may reasonably moderate business-controlled communities and spaces, including by approving or declining posts, closing comments, removing content, limiting participation, suspending access or removing members where reasonably necessary to enforce applicable rules, protect members, protect Confidential Information or proprietary information, prevent unlawful conduct or preserve the legitimate purpose and operation of the community.
A member will not be removed merely because a Sway® does not produce the desired outcome or because the member expresses a truthful and lawful opinion concerning her experience.
Termination or expiration of community access does not create permission to disclose or exploit restricted material and does not terminate otherwise surviving obligations concerning intellectual property, Confidential Information, trade secrets, confidential know-how or member privacy.
40 — PURCHASE-INCLUDED COMMUNITY ACCESS
Where access to Sway® Circle or another restricted Lunar Method® Platform is expressly included with a product, service or subscription purchased from the US LLC, that access forms part of the applicable offering for the period and on the conditions stated for that purchase.
Where applicable, access is conditioned upon acceptance of the confidentiality, intellectual-property, personal-use and community obligations governing the environment.
Community access may begin before other components of a scheduled service where the applicable offering provides for earlier access.
Where customer-only digital content, LUNAR® Guides, community access or other benefits are supplied before commencement of a later scheduled 1:1 service, receipt or use of those components may constitute partial performance or use of the applicable package for purposes of the Return & Refund Policy, subject to mandatory law.
Expiration, cancellation or termination of the qualifying product, service or subscription may result in expiration or termination of associated restricted-community access where that access is dependent upon the qualifying purchase.
Expiration or termination of community access does not terminate confidentiality, intellectual-property, personal-use or restricted-use obligations intended and legally permitted to survive.
Where community access is provided independently of a particular paid purchase, its availability and duration are governed by applicable community terms rather than by an entitlement arising from an unrelated purchase.
41 — THIRD-PARTY SOCIAL-MEDIA, TECHNOLOGY & SERVICE PLATFORMS
Lunar Method® Platforms and services may use or be hosted through third-party platforms, ecommerce providers, payment processors, communication tools, tracking applications, devices, websites or other services.
The website and online store are hosted through Shopify. Shopify provides ecommerce infrastructure and may collect and process personal information when visitors browse or interact with the store, create or use applicable customer functionality, make purchases or otherwise interact with Shopify-powered services.
Depending upon the Shopify services and features enabled for the store, Shopify may process information for purposes that include providing and improving ecommerce services, security, fraud prevention, personalization, analytics, measurement and other applicable services.
Where Shopify Network Intelligence or other applicable enhanced services are enabled, Shopify may process information from interactions with this store together with information from interactions with Shopify and other merchants in order to provide applicable services, as further described in the Privacy Policy and Shopify's own privacy information.
Information processed through Shopify or other third-party providers may be processed in countries other than the customer's country of residence.
Applicable information concerning use of Shopify and other providers, international processing, cookies, advertising technologies, privacy rights, consent choices and available opt-out mechanisms is provided in the Privacy Policy and applicable website privacy controls.
Neither the US LLC nor UK Ltd owns or controls an underlying third-party platform merely because the US LLC operates or administers a business page, account, group, community or channel through that service.
Participation may therefore be subject simultaneously to these Terms, applicable Lunar Method® rules and the third-party provider's own terms, privacy practices, policies, moderation systems and technical requirements.
Third-party providers may independently change functionality, availability, policies, account requirements or technical features, experience outages, or impose account or content restrictions.
The US LLC is not responsible for independent acts or omissions of third-party platforms outside its reasonable control, except to the extent applicable law provides otherwise.
Where access to a Lunar Method® community hosted by a third party forms a material component of a paid offering and that platform becomes unavailable, the US LLC may, where reasonably appropriate, provide an alternative method of delivering the applicable Lunar Method® benefit, subject to applicable purchase terms and mandatory consumer law.
A customer's separate dispute with a third-party platform does not automatically alter contractual obligations between the customer and the US LLC, and vice versa.
42 — OFFICIAL ACCOUNTS, IMPERSONATION & AUTHENTICITY
Only accounts, pages, groups, communities, channels and digital properties operated or expressly authorized by the US LLC may be represented as official Lunar Method® Platforms.
No person may falsely represent that an unauthorized page, account, group, channel, product, service, community or business is:
- The Lunar Method®;
- an official Lunar Method® property;
- operated by the US LLC;
- affiliated with The Lunar Method®;
- authorized by the US LLC or applicable rights holder;
- endorsed by The Lunar Method®; or
- operated by an authorized LUNAR® Expert
where that representation is false or misleading.
Use of Lunar Method® names, marks, logos, Brand Icon™, Sway® System Emblem™ or other source identifiers remains subject to applicable intellectual-property rights and the Legal Notice.
43 — BUSINESS COMMUNICATION CHANNELS & SOCIAL-MEDIA MESSAGES
The US LLC may communicate with customers through email, customer portals, approved social-media business accounts, community platforms or other communication methods identified for the applicable service.
Not every Lunar Method® social-media account or community is an official channel for every type of customer request.
Personal social-media accounts belonging to founders, owners, team members or representatives are not automatically designated business channels for notices, cancellation requests, refund or return requests, privacy requests, legal notices or other formal communications.
Where a particular method is designated for a contractual notice or request, customers should use that method.
Official business contact methods are identified in the Contact Information policy. Specific policies may identify an additional or more specific method for a particular request.
Nothing in this provision invalidates a communication that applicable law requires the US LLC to recognize notwithstanding the channel through which it was received.
44 — WEBSITE & SERVICE AVAILABILITY
The US LLC may modify, maintain, update, suspend or discontinue website functionality, Lunar Method® Platforms or offerings.
We do not guarantee uninterrupted or error-free operation.
Modification of the broader website or business ecosystem does not eliminate contractual obligations or mandatory remedies applicable to a completed purchase.
Reasonable alternative delivery methods may be used where consistent with applicable purchase terms and mandatory law.
45 — ERRORS, INACCURACIES & CORRECTIONS
Website content, social-media content, pricing, descriptions, calendars, communications or other materials may occasionally contain genuine errors.
The US LLC may correct errors and update information where appropriate.
If a material error affects an existing purchase, it will be addressed according to the applicable contract and mandatory law.
Customers should promptly report material discrepancies in personalized resources.
46 — PROHIBITED USES
Customers, members and users must not use Lunar Method® Platforms, products, services or content for:
- unlawful activity;
- infringement of another person's rights;
- fraud or malicious activity;
- unauthorized access;
- impersonation;
- fraudulent purchasing;
- unauthorized systematic scraping or harvesting;
- unlawful collection of personal information;
- unauthorized commercial exploitation;
- circumvention of access controls;
- unauthorized redistribution of customer-only or restricted content;
- unauthorized disclosure or exploitation of Confidential Information;
- deceptive acquisition of Confidential Information or customer-only materials;
- unauthorized reconstruction, teaching or replication of non-public methodology; or
- another use prohibited by applicable law or these Terms.
Nothing in this section prohibits conduct that applicable law affirmatively protects or does not permit us to restrict.
47 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law and subject to express commitments made in applicable purchase terms, products and services are supplied by the US LLC subject to these Terms and the Disclaimer.
We do not guarantee a particular biological, reproductive, conception, pregnancy, gender-swaying or baby-sex outcome.
We do not guarantee uninterrupted access, compatibility with every device or third-party platform or that every cycle will produce an applicable alignment.
Nothing excludes or limits statutory consumer guarantees, conformity rights, rights relating to goods, digital content or services not supplied as described, defective products, deficient services or other warranties or remedies that applicable law does not permit us to exclude.
48 — LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where applicable law prohibits exclusion or limitation.
Nothing excludes liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence where such liability cannot lawfully be excluded, willful misconduct where liability cannot lawfully be limited, breach of another non-waivable statutory duty or another liability required to remain unrestricted.
Subject to mandatory law, neither the US LLC nor an applicable Lunar Method® rights holder will be liable for indirect, incidental, special, exemplary, punitive or consequential losses to the extent those categories may lawfully be excluded.
Subject to mandatory law, this may include qualifying loss of profits, revenue, opportunity, goodwill or anticipated savings and qualifying indirect or consequential loss arising from a customer's decision to attempt or not attempt conception, to the extent such loss may lawfully be excluded.
For claims arising directly from a particular paid product or service, and only where lawful, fair and enforceable, aggregate contractual liability of the US LLC arising from that product or service will not exceed the amount actually paid to the US LLC for the product or service giving rise to the claim during the twelve months preceding the event giving rise to liability.
The cap does not apply where mandatory law prohibits it or requires a greater remedy and does not reduce any mandatory refund, repair, replacement, repeat-performance, price-reduction or other statutory remedy.
49 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify the US LLC, UK Ltd and applicable officers, directors, employees and agents against third-party claims, liabilities, losses and reasonable costs arising directly from your:
- unlawful use;
- material breach of these Terms;
- infringement of another person's rights;
- unauthorized disclosure or commercial exploitation of Confidential Information or restricted material; or
- knowing submission of content without required rights.
This does not require indemnification for a protected party's own fraud, negligence where such indemnification would be unlawful or unfair, willful misconduct or another liability that applicable law does not permit to be transferred.
50 — SUSPENSION, TERMINATION & REFUSAL OF ACCESS
The US LLC may reasonably refuse, suspend or terminate applicable access because of:
- non-payment;
- fraud;
- security concerns;
- failure or refusal to complete an agreement or acknowledgment required before applicable customer fulfillment or access;
- unauthorized credential or access sharing;
- material breach of these Terms;
- breach of applicable confidentiality, intellectual-property, personal-use or restricted-use obligations;
- unauthorized disclosure, teaching, reproduction or exploitation of Confidential Information or restricted materials;
- unlawful conduct;
- infringement;
- material community-rule violations; or
- another legitimate reason consistent with applicable law.
Where practicable and appropriate, notice or an opportunity to address the issue may be provided.
Where a customer declines a confidentiality, intellectual-property or personal-use agreement that is a disclosed condition of receiving customer materials or access, the US LLC is not required to disclose or provide the conditioned Confidential Information or access, subject to applicable contractual and mandatory consumer rights.
Removal from a community or termination of access for material breach does not automatically create a refund entitlement for products, services or access already supplied, subject to applicable law and the Return & Refund Policy.
Where termination also involves cancellation of a recurring subscription or another cancellable service arrangement, the Cancellation Policy governs applicable cancellation procedures and timing.
Suspension, termination, cancellation or refusal of future access does not terminate confidentiality, intellectual-property, personal-use or restricted-use obligations that are intended and legally permitted to survive.
Mandatory refund and consumer rights remain unaffected.
51 — INTELLECTUAL-PROPERTY, CONFIDENTIALITY & TRADE-SECRET ENFORCEMENT
Where legally available and applicable legal requirements are satisfied, the US LLC, UK Ltd or another applicable Lunar Method® rights holder may seek injunctive, equitable, monetary or other relief legally available for unauthorized use, acquisition, disclosure, reproduction, distribution or exploitation of intellectual property, Confidential Information, trade secrets, confidential know-how or other protected information or rights.
The availability, nature and scope of any claim or remedy depend upon applicable law, the rights involved, the conduct at issue and the relevant jurisdiction.
Nothing in these Terms creates a remedy unavailable under applicable law or guarantees that a court, tribunal or other authority will grant any particular remedy.
Nothing in these Terms limits any remedy otherwise available under an independently applicable contract, statute, common law, equitable doctrine, intellectual-property right, confidentiality obligation, trade-secret right or other legally recognized cause of action.
52 — RECORDS & EVIDENCE
Subject to the Privacy Policy and applicable law, the US LLC may maintain reasonable transaction, acceptance, access, fulfillment, communication, community, subscription, permission, security and service records for legitimate business, compliance, security, dispute-resolution and evidentiary purposes.
This may include, where lawful and appropriate, records reasonably evidencing:
- the version of Terms accepted;
- Important Access & Intake Form submissions;
- confidentiality and intellectual-property acknowledgments;
- applicable consent choices;
- community rules;
- access conditions;
- confidentiality notices;
- permissions;
- dates or periods of authorized access;
- fulfillment records; and
- other conditions presented or accepted in connection with particular access.
Nothing authorizes retention contrary to applicable privacy or data-protection law.
53 — PROTECTED DISCLOSURES & LEGAL RIGHTS
Nothing in these Terms prohibits lawful reporting to government authorities, cooperation with regulators or law enforcement, compliance with legal process, confidential legal advice, legally protected whistleblowing, protected disclosures, truthful lawful consumer reviews or exercise of another non-waivable legal right.
Nothing in these Terms prevents a person from making a disclosure required by law, provided that any legally permissible confidentiality protections, limitations or notice procedures remain applicable.
The confidentiality provisions of these Terms are intended to protect legitimate Confidential Information and proprietary interests, not to prevent lawful reporting, protected criticism or another activity that applicable law does not permit us to restrict.
54 — UNITED KINGDOM & EUROPEAN ECONOMIC AREA CONSUMERS
Where mandatory UK or EEA consumer law applies, applicable pre-contract information, conformity, digital-content, service, cancellation, withdrawal and remedy rights remain unaffected.
Different rights and requirements may apply to goods, services, digital content and mixed contracts.
Where a consumer requests service performance during a statutory cancellation period, applicable law governs any amount payable for performance supplied before cancellation.
Where digital content is supplied during an applicable withdrawal period, loss of a withdrawal right occurs only where legally required conditions, including applicable express consent and acknowledgment, have been satisfied.
Where information or confirmation must be supplied on a durable medium, it will be provided as required.
No “final sale” provision overrides mandatory rights.
Nothing in this section limits intellectual-property, confidentiality, trade-secret, confidential-know-how or contractual rights that are otherwise valid and enforceable under applicable UK, EEA, member-state or other law, subject to mandatory consumer and other legal protections.
55 — AUSTRALIAN CONSUMERS
Where Australian Consumer Law applies, goods and services come with guarantees that cannot be excluded under that law.
Nothing in these Terms excludes, restricts or modifies those guarantees or remedies.
Where legislation requires prescribed consumer-guarantee wording to accompany a particular warranty, product or transaction, the applicable prescribed wording will be supplied as required.
Nothing in this section limits intellectual-property, confidentiality, trade-secret, confidential-information, contractual or other rights otherwise available under applicable Australian law, subject to mandatory legal protections.
56 — CANADIAN CONSUMERS
Customers in Canada may have rights under applicable federal, provincial or territorial law, including consumer-protection, internet-agreement, automatic-renewal, privacy and other requirements that vary according to the customer's province or territory and nature of the transaction.
Nothing in these Terms excludes, restricts or modifies a right or remedy that applicable Canadian federal, provincial or territorial law does not permit the parties to exclude, restrict or modify.
Where applicable provincial or territorial law imposes mandatory requirements concerning disclosures, contract formation, cancellation, refunds, renewal, delivery or remedies, those requirements apply to the extent applicable to the transaction.
Nothing in this section limits intellectual-property, contractual confidentiality, breach-of-confidence, trade-secret, confidential-information or other rights otherwise available under applicable Canadian federal, provincial, territorial, common, civil or equitable law, subject to mandatory legal protections.
57 — UNITED STATES CONSUMERS
Customers in the United States may have rights under applicable federal law and the law of the state in which they reside or in which a transaction occurs.
Nothing in these Terms excludes, restricts or modifies rights or remedies that applicable federal or state law does not permit the parties to exclude, restrict or modify.
State-specific requirements concerning subscriptions, automatic renewal, cancellation, privacy, consumer transactions, reviews or other matters apply where legally applicable.
Nothing in this section limits intellectual-property, contractual confidentiality, trade-secret, misappropriation, unfair-competition or other rights otherwise available under applicable United States federal or state law, subject to mandatory legal protections.
58 — GOVERNING LAW
Subject to mandatory consumer-law, jurisdictional and choice-of-law protections, these Terms and contractual disputes between you and the US LLC arising from use of Lunar Method® Platforms or purchases from the US LLC are governed by the laws of the State of Iowa, United States, without regard to conflict-of-law principles requiring application of another jurisdiction's law.
This choice does not deprive a consumer of mandatory protections afforded by the law of the consumer's habitual residence or another law that cannot validly be displaced.
The foregoing contractual choice of law does not mean that intellectual-property, confidentiality, trade-secret, confidential-know-how, passing-off, unfair-competition or related rights exist only under Iowa law.
Intellectual-property and related proprietary rights may arise under and be enforced pursuant to federal, national, state, provincial, territorial, member-state, common, statutory, equitable or other applicable law of the jurisdiction in which protection is claimed or otherwise available.
Nothing limits the ability of the US LLC, UK Ltd or another applicable Lunar Method® rights holder to assert or enforce intellectual-property, contractual confidentiality, trade-secret, breach-of-confidence, confidential-know-how, passing-off, unfair-competition, misappropriation or related rights under the law of a jurisdiction in which those rights or remedies exist, subject to applicable jurisdictional, choice-of-law and other legal requirements.
59 — JURISDICTION & VENUE
Subject to mandatory consumer jurisdiction and venue rights, contractual disputes involving the US LLC that may lawfully be subject to a forum provision may be brought in an appropriate state or federal court having jurisdiction in or over Iowa, United States.
Nothing removes a consumer's mandatory right to use a court or tribunal available under applicable law, prevents appropriate intellectual-property, confidentiality, trade-secret or injunctive proceedings by the US LLC, UK Ltd or another applicable rights holder in another competent jurisdiction, prevents use of an applicable small-claims procedure or requires a court to exercise jurisdiction contrary to applicable law.
These Terms do not impose mandatory private arbitration unless a separate valid arbitration agreement expressly applicable to the dispute has been entered into.
60 — SEVERABILITY & REFORMATION
If a provision of these Terms is unlawful, invalid or unenforceable, it will be enforced to the maximum extent legally permissible where applicable law allows.
Where permissible, the affected provision will be limited, reformed or severed only to the minimum extent necessary, and the remaining provisions will continue in effect.
Nothing in this section authorizes contractual reformation where applicable law requires a different result.
61 — NO WAIVER
Failure or delay by the US LLC, UK Ltd or another applicable rights holder in exercising or enforcing a right does not itself constitute a waiver of that right.
A waiver concerning one event does not automatically waive a later event.
Any waiver is effective only to the extent legally valid and applicable to the matter for which it is given.
Failure to enforce a confidentiality, intellectual-property, personal-use or restricted-use obligation against one person or in one instance does not, by itself, waive that obligation as to another person or another instance.
62 — ASSIGNMENT
Customers may not transfer a personal subscription, personal-use licence, restricted-access right, customer-access right or personal service entitlement without authorization except where applicable law provides otherwise.
The US LLC may lawfully assign or transfer contractual rights and obligations in connection with a merger, reorganization, sale, restructuring or similar transaction, subject to applicable law and without reducing mandatory consumer rights.
Nothing in this provision determines ownership of intellectual property, which is governed by applicable ownership, assignment, licence and intellectual-property arrangements involving the applicable rights holder.
63 — ENTIRE AGREEMENT
These Terms, together with policies, product terms, licences, the Important Access & Intake Form where applicable, and documents expressly incorporated into them, constitute the agreement applicable to the subject matter they govern.
They supersede prior inconsistent general website terms concerning the same subject matter without extinguishing accrued rights or obligations.
Nothing in this section extinguishes a confidentiality, intellectual-property, restricted-use or other obligation arising under a separate valid agreement or historical access arrangement merely because these Terms also address similar subject matter.
Nothing in this section prevents a separate written agreement expressly entered into by the applicable parties from governing the specific subject matter addressed by that agreement.
64 — CHANGES TO THESE TERMS
The US LLC may revise these Terms to reflect changes in products, services, technology, business practices, legal requirements, intellectual-property arrangements, security or operations.
The current version will be published with an updated revision date.
Changes do not automatically rewrite completed transactions, vested rights, accrued claims or existing contractual commitments where applicable law or an existing agreement does not permit retroactive modification.
Where advance notice, affirmative consent or another procedure is legally required, that requirement will be followed.
Nothing in this section should be interpreted as retroactively imposing a new confidentiality obligation upon a person who never validly accepted that obligation.
65 — SURVIVAL
Provisions intended by their nature to survive termination, expiration or cancellation survive to the extent permitted by applicable law.
These include, where applicable:
- intellectual-property ownership;
- personal-use restrictions;
- confidentiality;
- trade-secret and confidential-know-how protections;
- unauthorized-disclosure provisions;
- reconstruction and anti-circumvention restrictions;
- accrued payment obligations;
- records and evidence;
- lawful limitations of liability;
- indemnification;
- governing-law provisions;
- enforcement provisions; and
- rights or obligations accrued before termination.
Termination, expiration, cancellation, completion, refund or cessation of the customer relationship does not create permission to use, disclose or exploit material in a manner unauthorized before termination.
66 — CONTACT INFORMATION
Questions concerning these Terms or purchases from the website may be directed to the contracting entity:
The Lunar Method – The Original Gender Sway LLC
2020 510th Ave
Armstrong, IA 50514
United States
Email: info@theoriginallunarmethod.com
Website: theoriginallunarmethod.com
The US LLC uses designated written business communication channels. Additional information concerning official contact methods and communication procedures is available in the Contact Information policy.
Questions concerning trademark or other intellectual-property ownership should also be read together with the Legal Notice. Where a particular intellectual-property right is owned or controlled by UK Ltd, nothing in this contact section alters that ownership or UK Ltd's rights concerning that intellectual property.
RESERVATION OF RIGHTS
Nothing in these Terms grants any right, licence, permission, authorization, waiver or consent except to the extent expressly granted.
No unauthorized third party can confer ownership of or a licence to Lunar Method® intellectual property or Confidential Information on behalf of the applicable rights holder merely by copying, publishing, leaking, distributing, selling, modifying or otherwise making that material available.
Unauthorized disclosure does not itself create authorization.
Publication on a website, social-media account, page, group, community, channel or other Lunar Method® Platform does not itself create an unrestricted licence.
Public accessibility does not itself establish public-domain status.
Membership in a community does not transfer ownership.
Free or complimentary access does not itself transfer ownership or create unrestricted use rights.
Testing, pilot, feedback, methodology-refinement, early-access or historical access does not itself transfer ownership or create unrestricted use rights.
Disclosure to multiple authorized persons does not, by itself, establish that qualifying non-public information has become public or cease to be subject to applicable confidentiality obligations.
Modification does not itself create authorization.
Technical accessibility does not itself create consent.
Purchase from the US LLC does not transfer ownership of underlying intellectual property, Confidential Information, trade secrets or confidential know-how owned or controlled by the US LLC, UK Ltd or another applicable Lunar Method® rights holder.
Purchase or authorized access does not create permission to disclose Confidential Information to another person.
Access does not create an implied commercial licence.
Expiration, cancellation, completion, refund, termination or cessation of access does not create permission to disclose, teach, reproduce, distribute, commercially exploit or otherwise use Confidential Information or protected materials outside the authorized scope.
All intellectual-property, contractual, confidentiality, proprietary, trade-secret, confidential-know-how and other rights legally available to the US LLC, UK Ltd or another applicable Lunar Method® rights holder under applicable law and in applicable jurisdictions are expressly reserved.
Nothing in these Terms expands those rights beyond the protection lawfully available or eliminates any exception, limitation, protected review, consumer protection, lawful independent creation, protected disclosure or other right that applicable law does not permit the parties to waive.
THE LUNAR METHOD®
THE LUNAR METHOD® SWAY® SYSTEM
LEARN • TRACK • PERSONALIZE • ALIGN • SWAY
GENDER SWAYING, REIMAGINED.™
Imitation is not affiliation.
The Lunar Method – The Original Gender Sway. All Rights Reserved.