Terms of service

Allunara Terms of Service
Effective Date: October 01, 2025

 

1. Introduction

These Terms of Service (the "Terms") govern your access to and use of:

  • The Allunara website located at www.allunara.com (the "Site")

  • Any Allunara mobile applications that reference these Terms (each, an "App")

  • Any related online services, features, content, tools and digital storefronts that Allunara ("Allunara", "we", "us", or "our") owns or controls and that link to these Terms

Collectively, we call these the "Service".

By accessing or using the Service, you:

  1. Agree to be bound by these Terms, and

  2. Acknowledge that you have read and understood our Privacy Policy, and consent to our collection and use of your information as described there.

If you do not agree to these Terms, you must not use the Service.

In some situations, additional terms, rules, policies or conditions may apply to specific features, promotions, or products offered through the Service ("Additional Terms"). If there is a conflict between these Terms and any Additional Terms, the Additional Terms will apply to the specific feature or offering unless they explicitly say otherwise.

2. Medical Advice and Device Disclaimer

Allunara sells consumer wellness products, including but not limited to smart eye massagers and related accessories (collectively, the "Products").

  • The Products are not medical devices unless expressly stated otherwise in the official product documentation.

  • The Products are not intended to diagnose, treat, cure or prevent any disease or medical condition.

  • The Products and any information provided on the Service are not a substitute for professional medical advice, diagnosis or treatment.

You should:

  • Consult your physician, optometrist, ophthalmologist or other qualified health care provider if you have questions about your eyes, vision, headaches, migraines, circulation, nervous system, or any other health concern.

  • Stop using the Product and consult a health professional if you experience pain, discomfort, visual disturbance, dizziness, skin irritation, or any other adverse reaction.

Allunara does not recommend or endorse any specific doctors, treatments, medications, therapies, or other products, including our own Products, as a replacement for professional medical care. Reliance on any information provided through the Service is entirely at your own risk.

3. Eligibility and Use of the Service

By using the Service, you represent and warrant that:

  1. You are at least the age of majority in your place of residence, or you are using the Service under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.

  2. You have the legal capacity to enter into a binding agreement with Allunara.

  3. You will use the Service in compliance with these Terms and all applicable laws.

If you are using the Service on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms.

4. Ownership of the Service and Content, Limited License

4.1 Content

The Service may contain various forms of content, including but not limited to:

  • Text, product descriptions, instructions and guides

  • Graphics, logos, icons, images, photographs, animations and illustrations

  • Videos, audio clips and other media

  • Layouts, design elements, interfaces, compilations and overall "look and feel"

  • Software, code, databases, and other technical components

  • Trademarks, trade names, logos and service marks belonging to Allunara or our partners

Collectively, we call all of this "Content".

4.2 Ownership

The Service, including all past, present and future versions, and all Content, are owned or controlled by TM Global Commerce Inc. and its licensors or partners. The Content is protected by copyright, trademark and other intellectual property laws.

Except for the limited license granted below, you do not acquire any ownership or other rights in the Service or Content.

4.3 Limited Personal License

Subject to your compliance with these Terms and any applicable Additional Terms, Allunara grants you a limited, revocable, non exclusive, non transferable and non sublicensable license to:

  • Access and use the Service for your personal, non commercial use, and

  • View, temporarily download (for caching purposes only), and print a single copy of Content solely for personal, non commercial use.

You may not:

  • Remove or alter any proprietary notices, trademarks or copyright notices on the Service or Content

  • Use any Content for commercial purposes without our prior written consent

  • Use any Content in a way that suggests an association with or endorsement by Allunara without our permission

All rights not expressly granted to you are reserved by Allunara and its licensors.

5. Use Restrictions

You agree that you will not:

  1. Use the Service for any illegal, fraudulent or unauthorized purpose.

  2. Use the Service for any commercial purpose without our prior written consent, including advertising, soliciting, or reselling products.

  3. Interfere with or disrupt the Service or servers or networks connected to the Service.

  4. Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems or networks.

  5. Use any robot, scraper, crawler, spider or other automated means to access the Service or copy Content, except for standard search engine indexing.

  6. Reverse engineer, decompile, disassemble or attempt to derive source code from any part of the Service.

  7. Circumvent or attempt to circumvent any security or access control features.

  8. Use the Service to transmit viruses, malware, malicious code or any other harmful technology.

  9. Use the Service to harass, threaten, abuse, defame, or otherwise harm any person or entity.

  10. Use the Service in any way that infringes the intellectual property, privacy or other rights of others.

We may suspend or terminate your access to the Service if we believe you have violated these Terms or engaged in any harmful or improper use of the Service.

6. Accounts and Security

Certain features of the Service may require you to create an account.

By creating an account, you agree that:

  1. You will provide accurate, current and complete information and will keep it up to date.

  2. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  3. You will notify us promptly of any unauthorized access or use of your account.

  4. You will not share your password or account with others or sell, transfer or assign your account.

Allunara is not liable for any loss or damage arising from your failure to safeguard your login credentials or account.

We reserve the right, in our sole discretion, to suspend or terminate any account, or refuse Service, for any reason, including violation of these Terms.

7. Purchases, Pricing and Payment

7.1 General

When you purchase Products through the Service:

  • You agree to pay the price listed at the time of your order, plus any applicable taxes, duties, shipping and handling charges.

  • You authorize us or our payment processor to charge the payment method you provide for the total amount of your order.

  • You represent and warrant that you are authorized to use the payment method provided.

We may require additional verification or information before accepting any order.

7.2 Pricing and Availability

We make reasonable efforts to ensure that Product descriptions, images, prices and availability are accurate. However:

  • Errors may occur, and we reserve the right to correct any errors or inaccuracies at any time, including after an order has been submitted.

  • We do not guarantee that all Products displayed on the Service will be in stock or available at all times.

  • If a Product is mispriced or unavailable, we may cancel your order or contact you for instructions.

If your order is canceled due to pricing or availability issues and your payment method has already been charged, we will issue a refund for the relevant amount.

7.3 Orders, Acceptance and Cancellation

Your order is an offer to buy, and Allunara is not obligated to accept it.

  • We may accept, reject or limit your order at our sole discretion, for any reason, including suspected fraud or misuse.

  • Your order is considered accepted only when we dispatch the Products or send you a shipping confirmation.

  • If we cancel all or part of your order, your sole remedy is a refund of the amount paid for the canceled portion.

If you wish to cancel or change an order, you must contact us promptly. We cannot guarantee that changes can be made after the order has been submitted or shipped.

7.4 Taxes and Duties

You are responsible for all applicable sales, use, value added or other taxes, duties or fees related to your purchase, except where we are required by law to collect such amounts.

7.5 Shipping, Risk of Loss and Delivery

Shipping times and options will be provided at checkout or in our Shipping Policy.

  • Title and risk of loss for Products pass to you when we deliver the Products to the carrier.

  • We are not responsible for delays, loss or damage that occur after Products are handed to the carrier, except as required by law or under any shipping protection you have purchased.

Additional terms regarding shipping and returns may be set out in our Shipping Policy and Return Policy, which are incorporated into these Terms by reference.

7.6 Returns and Refunds

Returns and refunds are subject to our Return Policy, which is available on the Site. Please review it carefully before purchasing.

8. User Content and Reviews

The Service may allow you to submit reviews, ratings, comments, photos, videos or other content ("User Content").

By submitting User Content, you represent and warrant that:

  1. You are the owner of the User Content, or have all necessary rights and permissions to submit it, and to grant the license described below.

  2. Your User Content is accurate and not misleading.

  3. Your User Content does not infringe any intellectual property rights, privacy rights or other rights of any third party.

  4. Your User Content does not contain unlawful, defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable material.

  5. Your User Content does not contain personal information of others without their consent.

You retain ownership of your User Content, but you grant Allunara a worldwide, non exclusive, royalty free, perpetual, irrevocable, transferable and sublicensable license to:

  • Use, reproduce, distribute, display, perform, adapt, modify, translate, create derivative works from and otherwise exploit your User Content, in any media now known or later developed, for any lawful purpose, including marketing and promotional purposes.

You agree that:

  • We may edit or remove User Content at our discretion, and we are not obligated to display or maintain any User Content.

  • You will not be entitled to any payment or compensation for our use of your User Content.

You are solely responsible for your User Content. Allunara is not responsible or liable for any User Content posted by you or others.

9. Third Party Links and Services

The Service may contain links to third party websites, services, or resources that are not owned or controlled by Allunara.

  • These links are provided for convenience only.

  • We do not endorse, control or assume responsibility for any third party sites, content, products or services.

  • Your use of third party sites is at your own risk and subject to their terms and policies.

Any dealings you have with third parties, including payment and delivery of goods or services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.

10. Wireless Features and Mobile Access

If you access the Service via a mobile device or wireless network:

  • Your carrier’s standard data, messaging and other fees may apply.

  • Some features of the Service may be restricted or not available on all devices or networks.

  • You are responsible for all charges associated with your mobile access to the Service.

11. SMS and Marketing Messages

If you choose to receive marketing texts or SMS messages from Allunara:

  • You agree to receive recurring automated promotional and personalized marketing messages at the phone number you provide.

  • Consent to receive messages is not a condition of purchase.

  • Message and data rates may apply. Message frequency may vary.

You can opt out at any time by following the instructions in the message, such as replying "STOP". You may also reply "HELP" for assistance or contact us through the contact information provided on the Site.

Your participation in any SMS program is subject to these Terms and any Additional Terms presented at sign up.

12. Disclaimer of Warranties

Your use of the Service and Products is at your sole risk.

To the fullest extent permitted by applicable law, the Service and all Content and Products made available through the Service are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including without limitation:

  • Warranties of merchantability

  • Warranties of fitness for a particular purpose

  • Warranties of title

  • Warranties of non infringement

Without limiting the foregoing, and subject to any mandatory rights under consumer protection laws, we do not warrant that:

  1. The Service will be uninterrupted, secure or error free.

  2. The Content will be accurate, complete, current or reliable.

  3. The Service or servers will be free of viruses or other harmful components.

  4. Any defects or errors will be corrected.

  5. The Products will meet your expectations or perform as described in every individual case, except as expressly provided in any written Product warranty that accompanies a particular Product.

Any written Product warranty provided with an Allunara Product applies only to that Product and is subject to its specific terms.

Some jurisdictions do not allow limitations on implied warranties, so some of the above exclusions may not apply to you. In such cases, the scope and duration of any implied warranties will be limited to the minimum permitted by applicable law.

13. Limitation of Liability

To the fullest extent permitted by applicable law:

  1. Allunara and its parent company, affiliates, directors, officers, employees, agents, contractors, licensors and service providers (collectively, the "Allunara Parties") will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages of any kind, including without limitation loss of profits, loss of revenue, loss of data, loss of goodwill, or other intangible losses, arising out of or in connection with:

    • Your use of, or inability to use, the Service

    • Any Products purchased through the Service

    • Any Content or User Content

    • Any errors, omissions, interruptions or delays in the Service

    • Any unauthorized access to or use of our servers or any personal information stored on them

    • Any bugs, viruses, malware or other harmful code that may be transmitted to or through the Service

  2. In no event will the total aggregate liability of the Allunara Parties to you for all claims arising out of or related to the Service, Products, or these Terms exceed the greater of:

    • The amount you paid to Allunara for the Product or Service giving rise to the claim, or

    • One hundred Canadian dollars (CAD 100).

These limitations apply regardless of the legal theory of liability, whether in contract, tort, negligence, strict liability or otherwise, even if an Allunara Party has been advised of the possibility of such damages, and even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the limitations above will apply to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless the Allunara Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of or related to:

  1. Your use of the Service or Products

  2. Your violation of these Terms or any Additional Terms

  3. Your violation of any applicable law or regulation

  4. Your User Content

  5. Your violation of any rights of a third party

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and any dispute or claim arising out of or related to them, the Service or Products, will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing any formal claim, you agree to first contact us and attempt in good faith to resolve the dispute informally within 60 days. We will do the same.

15.3 Arbitration

To the extent permitted by law, you and Allunara agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service or Products, that cannot be resolved informally, will be resolved by binding arbitration, rather than in court, except that:

  • You may pursue a claim in small claims court if it qualifies.

  • Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or confidential information.

The arbitration will be conducted by a single arbitrator in Ontario, Canada, under the rules of a recognized arbitration organization such as the ADR Institute of Canada, as modified by this clause. The language of the arbitration will be English.

15.4 No Class Actions

To the fullest extent permitted by law, you and Allunara agree that:

  • Each may bring claims only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

  • The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding.

If any part of this class action waiver is found unenforceable, the entire arbitration clause may be unenforceable for that dispute, and the dispute will instead be resolved in a court of competent jurisdiction.

15.5 Time Limit to Bring Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Service, Products or these Terms must be commenced within one year after the claim arises. Otherwise, such claim is permanently barred.

16. Changes to the Service and Terms

We may:

  • Modify, suspend or discontinue any part of the Service at any time, with or without notice.

  • Update these Terms from time to time.

When we change these Terms:

  • We will update the "Effective Date" at the top.

  • In some cases, we may provide additional notice, such as by email or by posting a notice on the Site.

Your continued use of the Service after the updated Terms are posted means that you accept and agree to the changes. If you do not agree to the updated Terms, you must stop using the Service.

17. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use and protect your information. By using the Service, you consent to our privacy practices as described there.

18. International Use

The Service may be accessible from countries other than Canada. We do not represent that the Service or Products are appropriate or available for use in any particular jurisdiction.

If you choose to access the Service or purchase Products from outside Canada:

  • You do so on your own initiative and at your own risk.

  • You are responsible for compliance with local laws, including any customs, import and export laws and regulations.

We may restrict availability of the Service or Products in certain locations at our discretion.

19. Termination

We may, at any time and without notice, suspend, limit or terminate your access to the Service for any reason, including if we believe you have violated these Terms.

Upon termination:

  • Your right to use the Service will immediately cease.

  • Sections that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, limitation of liability, indemnity and dispute resolution, will survive.

You may stop using the Service at any time.

20. Miscellaneous

  • Entire Agreement: These Terms, together with any Additional Terms and policies referenced here, constitute the entire agreement between you and Allunara regarding the Service and Products and supersede all prior agreements or understandings.

  • Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice.

  • Headings: Section headings are for convenience only and do not affect interpretation.

Contact Us

If you have any questions about these Terms or the Service, you can contact us using the contact page on www.allunara.com or by e-mail at support@allunara.com, or by phone (Mon-Fri 9a.m. - 5p.m. ET): (332) 222-1983