TERMS OF USE
The deal, in plain words
The short version. This community is free. We run it as a favour to the field, not as a business, and we take nothing from you. We decide who is in it. We do not check anyone out for you, we do not stand behind what members say, and we cannot promise the site is always up. Treat what you read here as coming from a stranger with an interesting job, not from a vetted advisor. Disputes are settled by individual arbitration, not in court and not as a class — with a 30-day opt-out in section 15. Everything below says all of that properly.
1. Who these terms are with
These terms are an agreement between you and Melange Space Technologies ("Melange", "we", "us", "our"), a company organised under the laws of the State of Delaware, United States of America, which operates Lunar Startup Community (the "Community") — this website, the join process, the Discord server and the online meetups.
By submitting the join form, or by taking part in the Community in any way, you agree to these terms. If you do not agree to them, do not join and do not take part. How we handle your personal data is set out separately in our privacy notice, which is incorporated into these terms by reference.
You confirm that you are at least 16 years old and able to enter into a binding agreement. If you are taking part on behalf of an organisation, you confirm you are authorised to bind it, and "you" means both you and that organisation.
Electronic dealings. You consent to transact with us electronically. Notices we send to the email address you gave us, and terms we post on this site, have the same effect as if they were on paper and signed.
2. The Community is free, and offered as-is
Membership costs nothing. There is no subscription, no tier and no paid channel. You are not buying anything from us, and we receive no consideration from you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNITY, THIS WEBSITE, THE DISCORD SERVER AND EVERY MEETUP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE COMMUNITY CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
We do not promise that the site, the Discord server or any meetup will be available, uninterrupted, timely, secure or error-free, that defects will be corrected, that any particular person will be in the room, or that a meetup will happen on any particular date. We may change, suspend, limit or discontinue any part of the Community, or all of it, at any time, without notice and without liability to you.
Some jurisdictions do not allow the exclusion of certain warranties. Where you take part as a consumer and your local law gives you rights that cannot be excluded, this section applies only so far as that law permits, and those rights are unaffected.
3. Membership is entirely at our discretion
We decide who joins and who stays. We may refuse, suspend, restrict or terminate any membership, and revoke access to the Discord server, at any time, for any reason or no reason, with or without notice, and we are not obliged to give a reason. No decision we make about membership creates any right, expectation, entitlement or claim in your favour, and membership is a revocable licence rather than a property interest.
Joining is automatic and involves no review. We do not verify anyone's identity, employer, role, qualifications, credentials, claims or intentions — not yours and not anybody else's. Membership is not an endorsement, a reference, a certification, a background check, or any statement by us that a person or their company is trustworthy, solvent, competent, lawful or who they say they are. Any impression to the contrary is yours alone, and you rely on it at your own risk.
4. What we ask of you
- Give accurate information when you join, and keep it current.
- Be someone people can think out loud around. No harassment, discrimination, abuse, threats or stalking.
- No cold pitching in direct messages. If you want to sell something, say so openly and let people opt in.
- Treat what is said in the Community as not for public repeat. This is an expectation we set, not a guarantee we can enforce — see section 7.
- Do not post anything unlawful, infringing, defamatory, malicious, confidential to someone else, or covered by an obligation you owe another party.
- Do not scrape, crawl, bulk-collect, index or republish member information, and do not use the Community to build a mailing, recruiting, marketing or training data set. This includes using it to train or fine-tune any machine-learning model.
- Do not attempt to gain unauthorised access to the site, its administrative area or its data, probe or test its security, interfere with its operation, or circumvent any limit or protection. Unauthorised access is also a criminal offence under the laws of many countries, including the United States.
- Do not impersonate anyone, or use another member's account.
You are solely responsible for everything you post and for anything done through your account or Discord identity.
5. Export control and sanctions
This is a community about spaceflight, and much of what interests us is regulated. You are responsible for your own compliance, and you agree that:
- you will not post, share or discuss anything in the Community that is controlled technical data or a defense article under the U.S. International Traffic in Arms Regulations (ITAR, 22 C.F.R. §§ 120–130), controlled technology under the U.S. Export Administration Regulations (EAR, 15 C.F.R. §§ 730–774), or the equivalent under any other country's export control law;
- you are not located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive U.S. sanctions, and you are not a person listed on any U.S., UK, EU, Japanese or United Nations restricted-party list;
- you will not use the Community, or anything obtained through it, in violation of any export control, sanctions, anti-corruption or anti-money-laundering law.
The Community is a public, international forum with members in many countries. Anything you post should be assumed to be an export to every one of them. We do not screen posts for controlled content and we accept no responsibility for your compliance. Breach of this section is grounds for immediate removal.
6. What you post, and what we may do with it
You keep ownership of what you write and share. You grant us a non-exclusive, worldwide, royalty-free, fully paid, sublicensable and transferable licence to host, store, reproduce, adapt, publish and display it for the purpose of operating and promoting the Community — including keeping meetup notes, recordings and archives — and to allow other members to see it. That licence lasts as long as we need it for that purpose and ends when the content is removed, except for copies in backups, archives, or where a legal claim or obligation requires us to keep it.
We may remove, edit or refuse any content at any time, for any reason, and we are under no obligation to store, monitor, moderate or return anything.
Unsolicited ideas. Do not send us business proposals, product ideas, inventions or other suggestions in confidence. Anything you volunteer to us about the Community — feedback, feature ideas, criticism — you grant us the right to use freely, for any purpose, without obligation, attribution, compensation or confidentiality, and you agree it is not confidential and creates no relationship between us.
7. What members say is not ours
The Community exists so that people can talk candidly. That means most of what you encounter comes from other members, not from us. We are an interactive computer service, not the publisher or speaker of what members post.
- We do not monitor, endorse, verify, adopt or take responsibility for anything a member says or does — in the Discord server, in a meetup, or in private afterwards.
- Nothing in the Community is professional, legal, financial, investment, tax, accounting, engineering, safety or regulatory advice, and nothing in it is an offer, solicitation or recommendation to buy or sell any security or interest in any company, or to enter into any transaction. Take your own advice before acting on anything.
- We ask members to keep things confidential, but we cannot control what any member does. Do not share anything you could not afford to see repeated. No confidentiality agreement, non-disclosure agreement, fiduciary duty, partnership, joint venture, agency, franchise or employment relationship is created between you and us, or between you and any other member, by these terms or by taking part.
- Any dealing you enter into with another member — investment, hiring, contracting, collaboration or anything else — is between the two of you. We are not a party to it, take no responsibility for it, and are not a broker, finder, agent or intermediary in it.
- You release us from any claim, demand or damage of every kind arising out of a dispute between you and any other member or third party. If you are a California resident, you expressly waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
8. Other people's services
The Community runs on services we do not control — Discord for the day-to-day, video conferencing for meetups, and the providers listed in our privacy notice. Your use of those services is governed by their own terms, and we are not responsible for them, for their availability, for their acts or omissions, or for anything that happens on them. Links from the Community to other sites are not endorsements.
9. Copyright complaints
If you believe something in the Community infringes your copyright, email hello@lunarstartups.space with: your contact details; identification of the work; identification of the material and where it is; a statement that you believe in good faith that the use is not authorised; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for them; and your signature, electronic or physical. We will remove material we conclude is infringing, and we terminate the membership of repeat infringers.
10. Limitation of liability
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct. Where you deal with us as a consumer, your statutory rights are unaffected, and each provision below applies only so far as the law that applies to you permits.
SUBJECT TO THAT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVING OR DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY — CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE COMMUNITY WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). THESE LIMITS APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are further not liable for any loss arising from the conduct, statements, omissions or content of any member or third party; from any dealing you enter into with a member; from any reliance you place on something said in the Community; from any disclosure of information you chose to share in it; or from any interruption, unavailability, delay, deletion, security incident or loss of data affecting the site, the Discord server or a meetup.
These limits reflect a deliberate allocation of risk between us and are an essential basis of the bargain: the Community is free, we receive nothing from you, and we run it alongside our actual work. Without them we would not offer it. Some jurisdictions do not allow certain exclusions; where one does not apply to you, it does not apply to you alone, the rest of this section still does, and the same limits continue to apply to everyone else.
11. Your responsibility to us
You agree to defend, indemnify and hold harmless Melange Space Technologies, its affiliates, and their officers, directors, employees, contractors, organizers and agents from and against any claim, demand, action, proceeding, loss, liability, damage, fine or cost — including reasonable attorneys' fees — brought by a third party and arising out of or relating to: your breach of these terms or of any law; your content; your conduct in the Community; your dealings with another member; or your breach of section 5.
We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate. You will not settle any matter in a way that imposes any obligation or admission on us without our prior written consent. This section does not apply to any claim caused by our own breach, negligence or wrongdoing, and it does not apply to anyone taking part purely as a consumer where local law forbids it.
12. Leaving, and being removed
You can leave whenever you like: leave the Discord server, and email us if you would also like your record deleted. We may end your membership at any time under section 3. Sections 5, 6 (for content already posted), 7, 10, 11, 13, 14, 15 and 16 survive the end of your membership.
13. Changes to these terms
We may change these terms. If a change materially affects your rights or obligations, we will tell members by email or in the Discord server, and say when it takes effect, at least 14 days beforehand. Continuing to take part after that date means you accept the change. If you do not accept it, leave the Community before then; that is the remedy available to you, and nothing stops you leaving at any point afterwards either.
Changes we make only to correct wording, or that are purely in your favour, take effect when we publish them. Changes to section 15 do not apply retroactively to a dispute of which we already had notice.
14. Governing law
These terms, and any dispute or claim arising out of or relating to them or to the Community — including non-contractual ones — are governed by the laws of the State of Delaware, United States of America, and the federal laws of the United States where applicable, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer resident in the European Economic Area, the United Kingdom, Japan, or another country whose law gives you the right to rely on the mandatory protections of your own law or to bring proceedings in your local courts, nothing here removes that right, and sections 14 and 15 apply to you only so far as that law permits.
15. Disputes: individual arbitration, and how to opt out
Please read this section carefully. It affects how disputes between us are resolved, and it limits your right to go to court and to take part in a class action.
Talk to us first. Before starting anything formal, email hello@lunarstartups.space with a description of the problem and what you want. We will do the same. Most things are quicker to fix this way, and both of us agree to try for 60 days before going further.
Arbitration. If that does not resolve it, any dispute arising out of or relating to these terms or the Community will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever applies. The arbitration will be seated in Delaware, conducted in English, and — unless both of us agree otherwise — held by telephone, videoconference or on documents alone, so that neither of us has to travel. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Class action and jury trial waiver. Any proceeding will be brought only in your individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, coordinated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only in favour of the individual party seeking it and only to the extent necessary to provide relief warranted by that party's individual claim. Both of us waive any right to a jury trial. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request is severed and heard in the courts identified below, and the rest of this section still applies to everything else.
What is carved out. Either of us may bring an individual claim in small claims court, and either of us may seek injunctive or other equitable relief in a court of competent jurisdiction to stop actual or threatened infringement or misuse of intellectual property or unauthorised access to the site. Doing so is not a waiver of this section.
How to opt out. You can decline arbitration entirely. Email hello@lunarstartups.space with the subject line "Arbitration opt-out", your name and the email address you joined with, within 30 days of first agreeing to these terms. Opting out costs you nothing, changes nothing else about your membership, and we will not treat you any differently for it. If you opt out, or if this section does not apply to you, disputes go to the state and federal courts sitting in Delaware, and both of us consent to their exclusive jurisdiction and venue.
Time limit. To the extent permitted by law, any claim must be brought within one year of when it arose, or it is permanently barred.
16. The rest
- Severability. If any provision is found unenforceable, it is modified to the minimum extent needed to make it enforceable, or removed, and the remainder stays in full force.
- No waiver. If we do not enforce something, that is not a waiver of it, and no single or partial exercise of a right prevents any further exercise.
- Entire agreement. These terms and the privacy notice are the whole agreement between us about the Community, and replace anything said or written beforehand.
- Assignment. You may not transfer or assign your membership or these terms. We may assign them freely, including to a successor of our business.
- No third-party beneficiaries. Except for the people and entities named in section 11, no one other than you and us may enforce these terms.
- Force majeure. Neither of us is liable for a failure caused by something outside our reasonable control, including outages at a provider we depend on.
- Language. These terms are written in English. Any translation is for convenience only, and the English version governs.
- Headings. Headings are for reading convenience and do not affect interpretation. These terms will not be construed against the party that drafted them.
17. Getting in touch
Email hello@lunarstartups.space. A person reads it.