Terms & Conditions | Lunar Moth Studios

Lunar Moth Studios
Terms of Service

Effective Date: June 12, 2026

These Terms of Service ("Terms") govern your access to and use of the website, forms, scheduling pages, content, communications, Operational Review calls, consulting services, software services, AI agent systems, automations, workflows, prototypes, code, documentation, and related offerings provided by Lunar Moth Studios ("Lunar Moth Studios," "we," "us," or "our").

By accessing our website, submitting a form, booking a call, purchasing a service, participating in an Operational Review call, or otherwise using our services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our website or services.

1. Our Services

Lunar Moth Studios builds operational software and AI agent systems for businesses working with fragmented data, recurring reporting, manual workflows, vendor coordination, field operations, compliance-aware processes, and operational complexity.

Our services may include, without limitation:

Operational Review calls and discovery conversations
Workflow, systems, and data mapping
Operational software strategy
AI agent and automation strategy
AI agent design, prototyping, configuration, testing, and implementation
Data pipeline, reporting, dashboard, and internal tooling recommendations
Software engineering, integration, scripting, and implementation services
Documentation, diagrams, prompts, system instructions, workflow designs, and related materials

The exact scope, deliverables, fees, timeline, responsibilities, assumptions, and acceptance criteria for any paid engagement will be described in a separate written proposal, statement of work, invoice, order form, or other written agreement if applicable. If there is a conflict between these Terms and a signed written agreement between you and Lunar Moth Studios, the signed written agreement controls for that specific engagement.

2. Operational Review Calls

An Operational Review call is a focused business conversation intended to understand your operation, identify friction, discuss potential leverage points, and recommend practical next steps. It is not, by itself, a full audit, implementation plan, compliance review, security assessment, legal review, financial review, or guarantee that a specific software or AI solution is appropriate for your business.

Information discussed during a call is based on the facts, context, and materials you provide. You are responsible for the accuracy, legality, completeness, and reliability of that information. Any observations, recommendations, or next steps discussed during a call are general business and technical recommendations only. You remain responsible for deciding whether, when, and how to act on them.

Submitting a form or booking a call does not create an exclusive, fiduciary, employment, partnership, agency, attorney-client, accountant-client, compliance-officer, managed-service-provider, or other professional advisory relationship.

3. Business Use and Authority

Our website and services are intended for business and professional use. By using our website or services, you represent and warrant that:

You are at least 18 years old.
You have authority to communicate with us on behalf of yourself or the organization you identify.
You have authority to provide any information, systems access, credentials, documents, data, or materials you share with us.
Your use of our website and services complies with applicable laws, contracts, internal policies, and third-party rights.
You will not submit information or data that you are not legally authorized to disclose.

4. Client Materials and Access

You may provide business information, operational details, documents, screenshots, workflow descriptions, system descriptions, data samples, credentials, API documentation, software requirements, or other materials to help us understand or perform services ("Client Materials").

You retain ownership of your Client Materials. By providing Client Materials to us, you grant us a limited right to use, review, reproduce, analyze, process, transform, and discuss those materials as reasonably necessary to respond to your request, conduct calls, prepare recommendations, provide services, test systems, create deliverables, and manage our relationship with you.

You are responsible for:

Ensuring Client Materials are accurate, lawful, and complete.
Removing or redacting sensitive information that is not necessary for the work.
Maintaining backups of your systems, files, databases, and business records.
Managing internal approvals before giving us access to systems, tools, accounts, repositories, APIs, databases, documents, or production environments.
Ensuring that any access you provide complies with your security, privacy, contractual, regulatory, and internal obligations.

Do not submit passwords, API keys, access tokens, payment card data, protected health information, government identification numbers, highly sensitive personal information, regulated consumer data, confidential third-party data, or production credentials through general website forms or unsecured channels. If a project requires sensitive access, we must agree on a written process for access, storage, use, and revocation.

5. Express AI Agent Risk Disclosure and Assumption of Risk

AI AGENTS ARE NOT SAFE BY DEFAULT. AI agents, automations, workflows, model outputs, prompts, scripts, integrations, APIs, data pipelines, retrieval systems, tool-calling systems, and software systems are inherently experimental, probabilistic, fallible, and dependent on context, configuration, input quality, permissions, third-party services, and human supervision. They can behave unpredictably, inconsistently, or contrary to user expectations, even when designed, configured, tested, or documented with reasonable care.

You expressly acknowledge that AI agent systems may produce, contribute to, or fail to prevent, without limitation:

False, fabricated, incomplete, stale, misleading, defamatory, biased, discriminatory, offensive, noncompliant, or otherwise harmful outputs.
Hallucinated facts, citations, calculations, classifications, summaries, recommendations, or business conclusions.
Incorrect tool calls, API calls, database actions, file actions, communications, updates, deletions, purchases, tickets, messages, reports, or other operational actions.
Prompt injection, instruction hijacking, jailbreaks, adversarial inputs, malicious content, data poisoning, retrieval contamination, context leakage, and other AI-specific attack vectors.
Unauthorized disclosure, transmission, corruption, alteration, retention, or deletion of data.
Breach of confidentiality, privacy, security, contractual, employment, consumer protection, platform, model provider, or regulatory obligations.
Excessive usage charges, cloud costs, model costs, API costs, communication costs, transaction costs, or other third-party fees.
Workflow interruption, business interruption, operational delay, system degradation, rate-limit failure, model drift, dependency failure, outage, latency, or incompatibility caused by third-party services.
Decisions or recommendations that are unsuitable for your business, industry, customers, employees, vendors, users, assets, compliance posture, or risk tolerance.
Conduct that is lawful in one context but unlawful, deceptive, unfair, negligent, noncompliant, or commercially unreasonable in another context.

You acknowledge and agree that:

AI systems are probabilistic and may be materially wrong even when they appear confident, coherent, authoritative, or complete.
AI agents can take actions, trigger workflows, call tools, send messages, update records, or interact with systems in ways that create real business consequences.
AI agents must not be treated as employees, professional advisors, compliance officers, lawyers, accountants, doctors, security officers, or autonomous decision-makers.
AI outputs and agent actions must be reviewed by qualified humans before being relied on or allowed to affect material business, legal, financial, operational, customer, employee, vendor, safety, or compliance outcomes.
AI agents should not be granted broad permissions, production access, spending authority, communication authority, deletion authority, administrative privileges, or unsupervised operational authority unless you have independently determined that such access is appropriate and have implemented suitable safeguards.
AI agents should be tested in isolated, sandboxed, staged, or otherwise controlled environments before production use.
AI agents may require least-privilege access, credential isolation, approval gates, monitoring, logging, evaluation, rate limits, budget limits, escalation paths, rollback plans, incident response procedures, human review, audit trails, and periodic revalidation.
We do not guarantee that any AI agent, automation, workflow, prompt, model configuration, code, recommendation, or deliverable will be safe, accurate, lawful, compliant, secure, non-infringing, uninterrupted, error-free, bias-free, cost-controlled, or suitable for your specific use case.

You knowingly and voluntarily assume all risks associated with your evaluation, approval, deployment, operation, supervision, monitoring, modification, integration, reliance on, or failure to supervise any AI agent, automation, workflow, software system, recommendation, deliverable, model output, prompt, configuration, or code. Unless we expressly agree otherwise in a separate signed writing, you are solely responsible for determining whether any AI agent system is appropriate for your use case and for all consequences arising from its use in your business.

The parties agree that AI agent systems present known and unknown risks, including risks that may not be fully discoverable through ordinary testing. No statement, demo, prototype, recommendation, design, workflow, documentation, or communication from Lunar Moth Studios shall be construed as a representation that any AI agent or automation is safe for unsupervised deployment, fit for a regulated use case, or capable of replacing competent human judgment.

6. Human Oversight Required

You agree not to rely on AI agents, automations, or software systems provided, recommended, configured, or discussed by us without appropriate human oversight.

Unless expressly agreed in a separate written agreement, you must not use any AI agent, automation, prototype, workflow, output, or recommendation from us as the sole basis for:

Legal, regulatory, tax, accounting, financial, medical, insurance, employment, housing, credit, lending, eligibility, benefits, safety, or other high-impact decisions.
Emergency response, critical infrastructure, law enforcement, surveillance, biometric identification, weapons, or physical safety decisions.
Decisions that could materially affect a person's rights, access to services, livelihood, legal status, health, safety, or financial condition.
Any use prohibited by applicable law or by the terms of any third-party model, software, platform, or API provider.

If you want to use AI agents or automations in a regulated, safety-sensitive, consumer-facing, employment-related, financial, legal, healthcare, critical, or high-impact context, you must disclose that context to us in writing before the work begins. We may decline the work or require a separate written agreement, risk review, security review, compliance review, or professional review.

7. Production Deployment

Unless a written agreement expressly states that we are responsible for production deployment, production monitoring, security hardening, ongoing maintenance, or incident response, any work we provide is advisory, prototype, configuration, development, or implementation support only.

You are responsible for:

Testing before production use.
Confirming outputs against authoritative sources.
Obtaining internal approvals.
Reviewing code, automations, prompts, workflows, and integrations.
Maintaining backups and rollback plans.
Managing permissions and secrets.
Monitoring costs, usage, errors, logs, and agent behavior.
Ensuring systems comply with applicable laws, contracts, industry requirements, and internal policies.
Disabling or modifying systems if they produce incorrect, unsafe, unlawful, or undesirable results.

We are not responsible for losses caused by your deployment, modification, operation, supervision, failure to supervise, or misuse of any AI agent, automation, workflow, software, recommendation, or deliverable.

8. Third-Party Models, Platforms, APIs, and Tools

Our services may involve third-party AI models, model providers, APIs, cloud providers, hosting providers, databases, automation tools, scheduling tools, payment processors, analytics tools, repositories, communication tools, SaaS applications, open-source software, or other third-party services.

You acknowledge that third-party services may:

Change, suspend, or discontinue features without notice.
Produce errors, outages, latency, rate limits, or data loss.
Charge usage-based fees.
Apply their own terms, privacy policies, data processing terms, security practices, and usage restrictions.
Process data outside our direct control.
Restrict certain AI, automation, scraping, communications, data processing, or regulated uses.

We are not responsible for third-party services, third-party terms, third-party model outputs, third-party downtime, third-party data handling, third-party security practices, third-party pricing, or third-party changes. You are responsible for approving the third-party services used in your environment and complying with their terms.

9. No Sensitive Data Without Written Approval

Unless we expressly agree in writing, you must not provide us with:

Protected health information.
Payment card data.
Social Security numbers or government identification numbers.
Consumer credit, lending, housing, insurance, benefits, or eligibility data.
Children's data.
Biometric data.
Precise geolocation data.
Criminal history data.
Highly sensitive employee, customer, tenant, patient, or consumer data.
Trade secrets or third-party confidential information you are not authorized to disclose.

If you provide sensitive data without prior written approval, you do so at your own risk, and you remain responsible for all obligations relating to that data.

10. No Legal, Financial, Tax, Compliance, Security, or Professional Advice

Our services are business, software, operational, and technical in nature. We do not provide legal, financial, tax, accounting, insurance, medical, employment, compliance, cybersecurity certification, or other licensed professional advice.

Any discussion of regulations, compliance, risk, governance, privacy, security, reporting, controls, or audit readiness is general and informational unless a separate written agreement expressly states otherwise. You should consult qualified professionals for legal, financial, tax, compliance, security, privacy, or regulated-industry advice specific to your circumstances.

11. No Guarantees

We do not guarantee any specific business, financial, operational, technical, compliance, accuracy, revenue, cost-savings, productivity, time-savings, automation, model-performance, or software-performance outcome.

We specifically do not guarantee that any AI agent, automation, model, workflow, prompt, code, configuration, or system will be safe, trustworthy, compliant, explainable, secure, reliable, auditable, unbiased, non-discriminatory, cost-effective, or suitable for autonomous use.

Any estimates, examples, projections, timelines, roadmaps, savings opportunities, performance expectations, automation ideas, or AI capabilities discussed by us are illustrative only unless expressly stated as binding in a separate written agreement.

You are responsible for independently evaluating whether our services, recommendations, deliverables, AI agents, automations, or software systems are appropriate for your business.

12. Payments, Scheduling, Cancellations, and Refunds

If a service requires payment, the applicable fees, payment schedule, refund terms, and billing method will be stated on the website, scheduling page, invoice, proposal, statement of work, order form, or written agreement.

Unless otherwise stated in writing:

Fees are due when invoiced or at the time of purchase.
Paid calls, discovery sessions, reviews, strategy sessions, and completed services are non-refundable.
We may pause work for late or failed payments.
You are responsible for third-party software, hosting, API, cloud, model, usage, subscription, and integration costs unless otherwise agreed in writing.
Missed calls, late cancellations, or no-shows may be treated as completed services.

13. Intellectual Property

The website, brand assets, logos, text, graphics, designs, layouts, content, software, templates, processes, methods, prompts, system instructions, frameworks, know-how, and other materials created or owned by Lunar Moth Studios are protected by intellectual property and other laws.

You may not copy, reproduce, modify, distribute, sell, license, publish, or create derivative works from our materials except as expressly allowed in these Terms or a separate written agreement.

You retain ownership of your Client Materials. Ownership and usage rights for any deliverables, code, documentation, designs, diagrams, automations, workflows, reports, prompts, configurations, or other work product we create for you will be governed by the applicable written proposal, statement of work, invoice, order form, or agreement.

If no separate written agreement addresses deliverable rights, then, after full payment of all applicable fees, you receive a limited, non-exclusive, non-transferable license to use the final written materials, recommendations, configurations, or deliverables we provide to you for your internal business purposes only. This license does not include rights to resell, sublicense, publish, distribute, or commercialize our materials unless we agree in writing.

We retain ownership of our pre-existing materials, templates, tools, libraries, reusable code, prompts, workflows, methods, know-how, and general skills. We may use general skills, ideas, experience, and non-confidential learnings developed during our work, provided we do not disclose your confidential information in violation of a written agreement.

14. Open-Source and Third-Party Components

Deliverables may include or interact with open-source software, third-party libraries, APIs, SaaS platforms, model providers, templates, or tools. Those components may be subject to separate licenses, terms, restrictions, attribution requirements, security updates, or fees.

You are responsible for reviewing and complying with third-party and open-source terms applicable to your use, deployment, modification, or distribution of any deliverable unless otherwise agreed in writing.

15. Confidentiality

We will use reasonable care in handling non-public business information you provide to us. However, unless we enter into a separate written confidentiality agreement or nondisclosure agreement, information submitted through our website, forms, scheduling tools, email, or calls is not subject to a standalone NDA.

Do not submit trade secrets, regulated data, credentials, or highly confidential information through general website forms. If a project requires deeper access to systems, data, or confidential materials, we can address confidentiality, access, security, and handling requirements in a separate written agreement.

16. Feedback and Publicity

If you provide feedback, suggestions, ideas, testimonials, or recommendations about our website or services, you grant us the right to use that feedback to improve our services and business.

We will not publicly use your name, company name, logo, testimonial, case study, or confidential project details for marketing without your permission.

17. Acceptable Use

You agree not to:

Use our website or services for unlawful, fraudulent, harmful, abusive, deceptive, or unauthorized purposes.
Submit false, misleading, infringing, unlawful, or unauthorized information.
Interfere with or disrupt our website, services, systems, or infrastructure.
Attempt to gain unauthorized access to systems, accounts, data, networks, tools, or environments.
Upload or transmit malware, harmful code, or materials designed to disrupt systems.
Reverse engineer, scrape, copy, or misuse our website, content, systems, or materials except as permitted by law.
Use our services to build, deploy, or support systems intended to harm people, evade laws, commit fraud, manipulate individuals, violate privacy, violate third-party rights, or bypass security controls.
Use AI agents, automations, or deliverables in ways that violate applicable laws, platform policies, model provider terms, or third-party terms.

We may restrict, suspend, or terminate access to our website or services if we believe these Terms have been violated.

18. Privacy

Your use of our website and services is also governed by our Privacy Policy, which describes how we collect, use, and handle information. By using the website or services, you acknowledge that you have read and understand the Privacy Policy.

If an engagement requires processing personal information, regulated data, customer data, employee data, or other protected data, additional privacy, security, or data processing terms may be required before work begins.

19. Disclaimers

Our website and services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, uninterrupted operation, data security, and error-free performance.

Without limiting the foregoing, AI AGENTS, AUTOMATIONS, MODEL OUTPUTS, WORKFLOWS, PROMPTS, CONFIGURATIONS, CODE, AND RELATED SYSTEMS ARE PROVIDED WITHOUT ANY WARRANTY THAT THEY ARE SAFE, SECURE, RELIABLE, ACCURATE, COMPLETE, COMPLIANT, NON-DISRUPTIVE, NON-INFRINGING, COST-CONTROLLED, OR APPROPRIATE FOR UNSUPERVISED OR PRODUCTION USE.

We do not warrant that:

The website or services will be secure, uninterrupted, timely, available, or error-free.
Recommendations will produce a specific business, financial, operational, technical, legal, compliance, or security outcome.
AI agents, automations, workflows, prompts, model outputs, code, data pipelines, or software systems will be accurate, complete, lawful, secure, unbiased, uninterrupted, or suitable for your specific use case.
Any operational issue can be fully diagnosed or resolved during a single call.
Any deliverable will remain compatible with third-party APIs, models, platforms, or services after those services change.

You assume all risk for your business decisions, implementation choices, deployment decisions, internal approvals, system access decisions, and use of any information, recommendations, deliverables, AI agents, automations, workflows, or software systems.

20. Limitation of Liability

To the fullest extent permitted by law, Lunar Moth Studios and its owners, contractors, service providers, and representatives will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or lost-profit damages, or for loss of data, loss of revenue, loss of goodwill, loss of business opportunity, business interruption, system failure, security incident, privacy incident, regulatory issue, reputational harm, third-party claim, or cost of substitute services arising from or related to your use of the website or services.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to the website, services, calls, materials, recommendations, deliverables, AI agents, automations, workflows, software systems, or these Terms will not exceed the amount you paid to Lunar Moth Studios for the specific service giving rise to the claim during the three months before the event giving rise to liability, or $100 if no amount was paid.

The limitations in this section apply regardless of the legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if a remedy fails of its essential purpose and even if we were advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In those cases, our liability will be limited to the maximum extent permitted by law.

21. Indemnification

You agree to defend, indemnify, and hold harmless Lunar Moth Studios and its owners, contractors, service providers, and representatives from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

Your use of the website or services.
Your Client Materials.
Your breach of these Terms.
Your violation of applicable laws, contracts, policies, or third-party rights.
Your instructions, approvals, decisions, access grants, credentials, data, or production deployment choices.
Your implementation, modification, operation, supervision, failure to supervise, or misuse of recommendations, workflows, automations, AI agents, software, code, prompts, configurations, or deliverables.
Any claim that Client Materials or instructions you provided infringed, misappropriated, or violated another party's rights.
Any use of AI agents, automations, software systems, or outputs in a regulated, high-impact, consumer-facing, employment-related, financial, legal, healthcare, safety-sensitive, or critical context.

22. Termination

We may suspend or terminate access to our website or services at any time if we believe you have violated these Terms, if continued access could create risk for us or others, if required by law or third-party terms, or if we discontinue a service.

You may stop using our website or services at any time. Termination does not relieve you of payment obligations already incurred.

Sections that by their nature should survive termination will survive, including sections relating to client responsibilities, AI risk, human oversight, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

23. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a new effective date. Your continued use of the website or services after updated Terms are posted means you accept the updated Terms.

We will not use changes to these Terms to retroactively expand our rights to use previously collected personal information in a materially different way unless permitted by law and disclosed as required.

24. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

To the extent permitted by law, any dispute arising out of or related to these Terms, the website, or the services will be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of those courts.

25. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions.

26. Entire Agreement

These Terms, together with our Privacy Policy and any applicable written agreement, proposal, statement of work, invoice, or order form, constitute the entire agreement between you and Lunar Moth Studios regarding the website and services.

27. Contact Us

If you have questions about these Terms, please contact us at:

mike@lunarmothstudios.com

Lunar Moth Studios

Lunar Moth Studios Terms of Service

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