Terms of Use

Effective date: 5/9/2024

Welcome to Luna. Please read on to learn the rules and restrictions that govern your use of our in-person care, website(s), application(s), and mobile application(s) (the “Services”). It is important that you read and understand these terms before you use our Services.

These Terms of Use (the “Terms”) are a binding contract between you and Luna Care, Inc. (and its affiliates Arizona Luna Care Physical Therapy LLC, California Luna Care Physical Therapy P.C., Colorado Luna Care Physical Therapy LLC, Connecticut Luna Care Physical Therapy LLC, DC Luna Care Physical Therapy LLC, Delaware Luna Care Physical Therapy LLC, Florida Luna Care Physical Therapy LLC, Georgia Luna Care Physical Therapy LLC, Illinois Luna Care Physical Therapy LLC, Indiana Luna Care Physical Therapy LLC, Maryland Luna Care Physical Therapy LLC, Massachusetts Luna Care Physical Therapy LLC, Michigan Luna Care Physical Therapy LLC, Minnesota Luna Care Physical Therapy LLC, Missouri Luna Care Physical Therapy LLC, Nevada Luna Care Physical Therapy LLC, New York Luna Care Physical Therapy PLLC, North Carolina Luna Care Physical Therapy LLC, Ohio Luna Care Physical Therapy LLC, Oklahoma Luna Care Physical Therapy LLC, Oregon Luna Care Physical Therapy LLC, Pennsylvania Luna Care Physical Therapy LLC, Tennessee Luna Care Physical Therapy LLC, Texas Luna Care Physical Therapy LLC, Utah Luna Care Physical Therapy LLC, Virginia Luna Care Physical Therapy LLC, Washington Luna Care Physical Therapy LLC, and Wisconsin Luna Care Physical Therapy LLC) (collectively, “Luna,” “we”, “us”, or “our”). Additionally, in certain cases, Luna may bill for our Services via our health system or PT clinic partnerships and their related entities. You must agree to and accept all of the applicable Terms, or unfortunately, you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in Luna's Notice of Privacy Practices.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website(s) and applications, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by Luna as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Luna.

What about my privacy?

Luna takes the privacy of its users very seriously. Read Luna's Notice of Privacy Practices for more information.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13 without parental consent; if you are a child under 13 without parental consent, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at privacy@getluna.com.

We also do not knowingly collect or solicit personally identifiable information from individuals residing outside of the United States. If you reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual residing outside of the United States, we will delete that information.

Health Insurance Portability & Accountability Act

You understand that Luna is a “healthcare provider” and must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HIPAA protects the privacy of individually identifiable health information, or “protected health information” as that term is defined in HIPAA (“PHI”). Luna's Notice of Privacy Practices outlines your rights and our responsibilities regarding your PHI, additional information on how Luna may use your Content and any communications between you and your Luna Physical Therapist and who to contact if you have any concerns regarding your PHI. Your acceptance of these Terms acknowledges that you have been given access to Luna's Notice of Privacy Practices and acknowledges receipt of such policy.

You understand that as a “healthcare provider”, Luna must comply with HIPAA and therefore retain data you input/upload to the platform related to (but not limited) with:

• Written or electronic record of a designation of an organization as a covered entity or business associate;
• All signed authorizations and, where applicable, written acknowledgments of receipt of the notice or documentation of good faith efforts to obtain such written acknowledgments;
• Luna's Notice of Privacy Practices
• Medical records and billing records about individuals maintained by or for a covered healthcare provider;
• Enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; and
• Other records that are used, in whole or in part, by or for the covered entity to make decisions about individuals.
• This data may be retained by Luna as required by HIPAA even in the case that your account has been suspended, deactivated and/or marked for deletion.

What are the basics of using Luna?

Luna brings licensed, experienced physical therapists to you (“Physical Therapists”) for a physical therapy session (“Session”) in your own home. To schedule an appointment, you may make a request on our website(s) and applications, or via phone. If you install our applications, you may sign up for an account, and select a password and user name (“Luna User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself (or if you are signing up on behalf of someone else, about the patient). You may not select as your Luna User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or, if the individual receiving Services is a minor, that you are forming a binding contract on behalf of you and on his or her behalf to use the Services and, to the extent applicable, you hereby grant Luna permission to treat such minor). Unless a legal exception applies, in the case of a minor less than 18 years of age, a parent or legal guardian must consent to treatment. Unless a legal exception applies, treatment of minors under 16 requires a parent to be present during the treatment session.

The licensed, experienced Physical Therapists who are engaged to provide Services through the Luna website(s) and application are independent contractors and are not employees of Luna, with very limited exceptions. Because most therapists with whom you might connect through Luna are not employees of Luna, they act on their own behalf, and not on Luna’s. You acknowledge and agree that the Physical Therapist(s) you engage using the Luna website(s) or application are not Luna’s agents or employees in most instances, and that Luna is not liable for any acts or omissions by them.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

In order to use the Services, you hereby consent to the examination, therapy procedures and therapy care to be performed on you by your Luna Physical Therapist through the Services.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Arizona), you hereby agree to the below:

• In Arizona, Direct Access rules allow patients to be seen for physical therapy without a prescription and without any limitations as long as the care is within the scope of practice.
• A physical therapist shall refer a client to appropriate healthcare practitioners if the PT has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice and if PT is contraindicated.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of California), you hereby agree to the below:

• You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California.
• Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and/or surgeon’s certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the California Board of Podiatric Medicine and acting within his or her scope of practice, a dated signature on the physical therapist’s plan of care indicating approval of the physical therapist’s plan of care and that an in-person patient examination and evaluation was conducted by the physician and surgeon or podiatrist.
• Physical therapy diagnosis is not a medical diagnosis by a physician, is not reliant on radiological imaging, and some physical therapy services may not be covered by insurance.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Colorado), you hereby agree to the below:

• Colorado allows patients total, unrestricted access to a physical therapist. No type of physician referral is required for a physical therapist to treat a patient.
• State law prohibits PTs from diagnosing diseases.
• If a PT believes the patient’s care exceeds the physical therapy scope of practice, the therapist must refer the patient to a qualified healthcare provider. Failure to do so can result in disciplinary action.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Connecticut), you hereby agree to the below:

• Connecticut law allows Direct Access as long as the care is provided by a licensed physical therapist.
• Patient must be referred to a licensed healthcare provider if, upon examination or reexamination, the therapist determines that the condition for which the patient sought physical therapy has not objectively demonstrated improvement within a period of 30 consecutive days or at the end of six visits, whichever comes first.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Delaware), you hereby agree to the below:

• Delaware law allows treatment from a PT with or without referral from a licensed medical or osteopathic physician.
• A PT can treat a patient for up to 30 days, after which the therapist must consult a physician.
• If the patient’s condition requires care that falls outside of the PT scope of practice, then the PT must refer the patient to a qualified healthcare provider.
• A PT may not modify a patient’s existing prescriptions.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Florida), you hereby agree to the below:

• If the patient’s condition falls outside of the PT scope of practice, the PT must refer the patient to, or consult with, a qualified healthcare practitioner.
• If the PT care plan exceeds 30 days and the condition has not been assessed by a physician of record, then the PT must have a practitioner of record review and sign the plan. However, this does not apply if (1) the patient has been examined by a physician in a different state and diagnosed by the physician as having a condition for which PT is required, and (2) the PT is treating that specific condition.
• PTs may not implement a treatment plan for patients in an acute care setting such as a hospital, ambulatory surgical center, or mobile surgical facility.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Georgia), you hereby agree to the below:

• To practice via direct access, a PT must:
• Obtain a doctorate in physical therapy or an equivalent degree from an accredited institution as well as two years of clinical experience.
• Or, obtain a doctorate in PT or an equivalent degree in addition to a post-graduate certification, American Board of Physical Therapy Specialties certification, or residency/fellowship training.
• Or, have five years of experience practicing in a clinical setting.
• After 21 days or eight visits—whichever comes first—from the start of the PT plan of care, the PT must obtain a referral from the appropriately licensed healthcare provider unless:
• The provided services are for health promotion, wellness, fitness, or health maintenance. Furthermore, if the patient presents with symptoms that exceed the PT scope of practice, the physical therapist must refer that patient to a qualified healthcare provider; 
• The patient received a diagnosis within the last nine months of a neuromuscular or developmental condition and the PT is providing services for symptoms or issues resulting from that previously diagnosed condition; or 
• The patient received a diagnosis within the last 90 days of a chronic musculoskeletal condition, and the patient can produce current and relevant documentation from an appropriate healthcare provider to confirm that diagnosis.
• In this instance, the physical therapist must provide a written disclosure to the patient that a diagnosis from a PT and a physician’s diagnosis are not one and the same, and that a PT diagnosis is not reliant on radiological imaging.
• This disclaimer should also indicate that some PT services might not be covered by the patient’s health insurer.
• Additionally, the PT must consult with the patient’s primary care provider or physician’s assistant before performing any dry needling treatment on a direct access patient.
• Physical therapy diagnosis is not a medical diagnosis by a physician, is not reliant on radiological imaging, and some physical therapy services may not be covered by insurance.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Illinois), you hereby agree to the below:

• You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Illinois Department of Public Health and Illinois Department of Financial and Professional Regulation.
• The physical therapy provider providing services without a referral from a healthcare professional must notify the patient’s treating healthcare professional within 5 business days after the patient’s first visit that the patient is receiving physical therapy. This does not apply to physical therapy services related to fitness or wellness, unless the patient presents with an ailment or injury.
• The physical therapy provider shall refer a patient to the patient’s treating healthcare professional of record or, in the case where there is no healthcare professional of record, to a healthcare professional of the patient’s choice, if:
• the patient does not demonstrate measurable or functional improvement after 10 visits or 15 business days, whichever occurs first, and continued improvement thereafter;
• the patient returns for services for the same or similar condition after 30 calendar days of being discharged by the physical therapist; or
• the patient’s condition, at the time of evaluation or services, is determined to be beyond the scope of practice of the physical therapist.
• Wound debridement services may only be provided by a physical therapist with written authorization from a healthcare professional. The physical therapy provider shall promptly consult and collaborate with the appropriate healthcare professional anytime a patient’s condition indicates that it may be related to temporomandibular disorder so that a diagnosis can be made by that healthcare professional for an appropriate treatment plan.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Indiana), you hereby agree to the below:

• May evaluate and treat for no more than 42 calendar days beginning with the date of the initiation of treatment without a referral.
• If additional treatment is needed, a referral needs to be obtained from the individual’s provider (physician, podiatrist, psychologist, chiropractor, dentist, nurse practitioner, or physician assistant).
• Order or referral from a physician, osteopath, or chiropractor is required for spinal manipulation.
• Order or referral from physician, osteopath, or podiatrist is required for sharp debridement.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Maryland), you hereby agree to the below:

• Maryland allows patients total, unrestricted access to a physical therapist. No type of physician referral is required for a physical therapist to treat a patient.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Massachusetts), you hereby agree to the below:

• Massachusetts allows patients total, unrestricted access to a physical therapist. No type of physician referral is required for a physical therapist to treat a patient.
• If the PT feels that the patient’s care goes beyond the physical therapy scope of practice, or if PT is contraindicated, the therapist must refer the patient to an appropriate licensed practitioner.
• If the patient was referred to the PT, the clinic must communicate with the licensed referring practitioner throughout duration of treatment.
• The clinic must also disclose to the patient any financial interest if the referring physician derives income from the PT services.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Michigan), you hereby agree to the below:

• Treatment without a prescription may be received from a licensed physical therapist under the following conditions:
• For 21 days or 10 treatments, whichever occurs first. The physical therapist must determine the patient’s condition requires physical therapy before delegating interventions to a physical therapist assistant.
• The patient is seeking physical therapy services for purposes of injury prevention or promoting fitness.
• Therapist must refer the patient to an appropriate healthcare professional if there is reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of practice of physical therapy.
• Therapist must consult with an appropriate healthcare professional if the patient does not show reasonable response to treatment in a time period consistent with the standards of practice as determined by the Board of Physical Therapy.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Minnesota), you hereby agree to the below:

• A PT treating direct access patients is contingent upon the following:
• A PT may not determine medical diagnosis.
• A patient may be seen by a PT without referral for up to 90 days. 
• A physical therapist who has been licensed for less than one year may only provide PT services when working alongside a physical therapist who has more than one year of practicing experience.
• The PT must refer the patient to an appropriate healthcare professional if the PT feels that the patient’s care goes beyond his or her scope of practice.
• A PT may treat a direct access patient without a time limitation if the patient is seeing the PT for disease prevention, wellness, fitness education, or exercise services.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Missouri), you hereby agree to the below:

• A physical therapist may only see direct access patients under the following circumstances:
• When the therapist is providing services for educational purposes and training, developing fitness or wellness programs, or providing screenings or consultations.
• When the therapist is treating a patient with an injury or condition that could resolve itself without therapy, and that patient received the diagnosis within one year or has a chronic illness that has been previously diagnosed by an appropriate healthcare provider.
• In this instance, the physical therapist must:
• Contact the patient’s current healthcare provider within the first seven days of therapy.
• Not alter any existing PT referrals without the consent of the patient’s current healthcare provider.
• Refer the patient to an appropriate healthcare professional if the PT determines during the initial evaluation or treatment that the patient’s care goes beyond the physical therapy scope of practice.
• Refer the patient to an appropriate healthcare provider if he or she does not show any documented progress toward treatment goals within six visits or 14 days.
• Notify the patient’s current healthcare provider if treatment continues beyond 30 days.
• The PT must contact the patient’s provider prior to the continuation of treatment.
• The PT must provide notification every 30 days.
• Physical therapy diagnosis is not a medical diagnosis by a physician, is not reliant on radiological imaging, and some physical therapy services may not be covered by insurance.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Nevada), you hereby agree to the below:

• Nevada allows patients total, unrestricted access to a physical therapist. No type of physician referral is required for a physical therapist to treat a patient.
• The state’s direct access law specifies that diagnosis of physical disabilities, massage services, and chiropractic adjustment do not fall under the physical therapy scope.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of New York), you hereby agree to the below:

• Treatment may be administered with the following provisions:
• A licensed PT may treat a patient without a referral for 10 visits or 30 days, whichever comes first. 
• The PT must have at least three years of full-time practicing experience.
• The PT must be at least 21 years old. 
• The PT must notify the patient that PT services might not be covered by the patient’s health insurer if he or she did not receive a referral for PT.
• Notification must be in written form.
• Notification must also state that said services could potentially be covered by the health insurer with a referral.
• The PT must keep a copy of the written notification in the patient’s file.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of North Carolina), you hereby agree to the below:

• Manipulation of the spine must be prescribed by a physician.
• No medical diagnosis of a disease.
• If the patient’s condition is beyond what the therapist can treat, the therapist must refer their patient to a physician or dentist.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Ohio), you hereby agree to the below:

• Treatment without a prescription may be received from a licensed physical therapist under the following conditions:
• The PT must obtain a master’s degree or have two years of clinical experience.
• If the patient does not demonstrate progress within 30 days, the PT must refer him or her to an appropriate healthcare provider.
• The PT (or Luna) must notify the patient’s healthcare provider within the first five days following the initial PT evaluation.
• The PT may only apply certain orthotic devices.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Oklahoma), you hereby agree to the below:

• Treatment without a prescription may be received from a licensed physical therapist under the following conditions:
• The PT must obtain a physician’s referral to continue care after 30 days.
• Patients must obtain a physician’s referral if they are seeking PT for any workers’ compensation claims.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Oregon), you hereby agree to the below:

• Oregon is a state that allows patients total, unrestricted access to a physical therapist. According to state law, no type of physician referral is required for a physical therapist to evaluate or treat a patient.
• The PT must refer the patient to an appropriate healthcare professional if the person presents symptoms:
• That require treatment or diagnosis from a physician;
• For which PT is contraindicated; or
• For which care is beyond the scope of practice or education of a physical therapist.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Pennsylvania), you hereby agree to the below:

• Treatment without a prescription may be received from a licensed physical therapist under the following conditions:
• Therapist may obtain certification from the board of physical therapy that allows him or her to practice without a physician’s referral.
• This certificate shall not authorize a PT to (1) treat a patient for any non-neurologic, non-muscular, or non-skeletal condition or (2) treat a patient who has an acute cardiac or acute pulmonary condition.
• The PT may treat the aforementioned patients only if he or she has consulted the patient’s healthcare provider or has referred the patient to an appropriate healthcare provider.
• The PT shall renew the certificate whenever he or she renews his or her therapy license.
• A PT with this certification may treat a direct access patient for 30 days from the date of the first treatment.
• The PT may not exceed 30 days of treatment without obtaining a referral from an appropriate healthcare provider.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Tennessee), you hereby agree to the below:

• Treatment may be administered with the following provisions
• With the patient’s consent, the PT must inform the patient’s healthcare provider of the physical therapy care plan no later than five business days after the PT evaluation.
• If the patient seeks physical therapy for a problem that has already been addressed by his or her physician within the past 12 months, the PT does not need patient consent to inform the physician.
• If the patient doesn’t have a primary physician, then the PT must suggest a physician from a list of available providers and inform the patient of the following limitations:
• If no substantial progress has been made within 15 calendar days or six visits—whichever occurs first—after the patient’s initial visit, the physical therapist shall refer the patient to a licensed physician.
• If the patient was previously diagnosed with chronic, neuromuscular, or developmental conditions, and the patient sought PT for problems or symptoms associated with at least one of those conditions, then this provision does not apply.
• If the patient returns to PT with the same complaint within a 90-day timeframe starting on the last treatment date, then the PT must immediately refer the patient to the appropriate healthcare provider.
• If the patient’s physician has not been notified that the patient sought physical therapy services, the therapy services must not continue beyond 30 days immediately following the date of the patient’s first visit.
• It is considered unprofessional conduct for a PT to knowingly provide services when a patient:
• Has reached the 15-day and six-visit limit; or
• Has reached the 30-day limit.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Texas), you hereby agree to the below:

You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Texas Physical Therapy Association.

• Treatment without a prescription may be received from a licensed physical therapist under the following conditions:
• Up to 10 business days for PTs with a doctoral degree, or PTs who have 30 hours of CCUs in Differential Diagnosis.
• Up to 15 business days for PTs with a doctoral degree who have completed a residency or fellowship training.
• Must have at least one year of experience.
• Must have liability insurance.
• Will still need a referral if treatment is needed beyond the allowed days.
• Physical therapy diagnosis is not a medical diagnosis by a physician, is not reliant on radiological imaging, and some physical therapy services may not be covered by insurance.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Utah), you hereby agree to the below:

• Utah is a state that allows patients total, unrestricted access to a physical therapist. According to state law, no type of physician referral is required for a physical therapist to evaluate or treat a patient.
• PTs may not provide medical diagnoses of disease, surgery, acupuncture, or imaging.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Virginia), you hereby agree to the below:

• A physical therapist who has completed a doctor of physical therapy program or who has obtained a certificate of authorization pursuant to Section 54.1-3482.1 may evaluate and treat a patient without a referral under the following conditions:
• The patient is not receiving care from any licensed doctor of medicine, osteopathy, chiropractic, podiatry, or dental surgery; a licensed nurse practitioner acting in accordance with a practice agreement; or licensed physician assistant acting under supervision of a physician, for the symptoms giving rise to the presentation at the time of the presentation to the physical therapist for physical therapy services, or
• The patient is receiving care from any licensed doctor of medicine, osteopathy, chiropractic, podiatry, or dental surgery; a licensed nurse practitioner acting in accordance with a practice agreement; or licensed physician assistant acting under supervision of a physician, at the time of his presentation to the physical therapist for the symptoms giving rise to the presentation for physical therapy services; and
• The patient identifies a licensed doctor of medicine, osteopathy, chiropractic, podiatry, or dental surgery, a licensed nurse practitioner practicing in accordance with his practice agreement, or a licensed physician assistant acting under the supervision of a licensed physician from whom he is currently receiving care.
• The patient gives written consent for the physical therapist to release all personal health information and treatment records to the identified practitioner.
• The physical therapist notifies the practitioner identified by the patient no later than 14 days after treatment commences and provides the practitioner with a copy of the initial evaluation along with a copy of the patient history obtained by the physical therapist.
• A physical therapist who has not completed a doctor of physical therapy program or who has not obtained a certificate of authorization pursuant to Section 54.1- 3482.1 may conduct a one-time evaluation of a patient, but provide no treatment, without a referral. The PT must immediately refer the patient to an appropriate provider if needed.
• A PT may provide physical therapy services via direct access with no restrictions for student athletes in a school setting; workplace ergonomics; wellness, fitness, and health screenings; prevention of disabilities, impairments, and functional limitations; and service for infants and toddlers, from birth to age three, who require physical therapy services to fulfill the provisions of their individualized services plan under Part C of the Individuals with Disabilities Education Act, and students with disabilities who require physical therapy services to fulfill the provisions of their individualized education plan or physical therapy services.
• Invasive procedures, with the exception of dry needling, within the scope of practice of physical therapy shall always be performed only under the referral or direction of a physician, osteopath, chiropractor, podiatrist, or dentist, nurse practitioner, or a physician assistant acting under the supervision of a licensed physician. 

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the District of Washington, D.C.), you hereby agree to the below:

• If the patient does not reasonably progress within 30 days of care, the PT must refer the patient to a primary care provider.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Washington), you hereby agree to the below:

You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Washington State Department of Health.

• Insurance companies can limit access: There is no restriction on the ability of any insurance entity or any state agency or program from limiting or controlling the utilization of physical therapy services by the use of any type of gatekeeper function.
• Regarding orthoses: A physical therapist may only provide treatment utilizing orthoses that support, align, prevent, or correct any structural problems intrinsic to the foot or ankle by referral or consultation from an authorized healthcare practitioner.
• PTs must refer to others when necessary: Must refer patients when symptoms or conditions are beyond scope of PT practice.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Wisconsin), you hereby agree to the below:

• Treatment may be administered with the following provisions:
• Written referral from an appropriate healthcare provider is required unless the PT services are provided:
• In schools to children with exceptional education needs.
• Within a home healthcare agency.
• To a patient in a long-term care facility (if PT aligns with the patient’s plan of care).
• In relation to athletic activities, conditioning, or injury prevention.
• To an individual for a previously diagnosed medical condition after informing the patient’s healthcare provider who made the diagnosis.
• Per the physical therapy examining board regulations:
• Referral is not required for the following services when provided in employment, home, leisure, recreational, or educational settings:
• Conditioning;
• Injury prevention and biomechanics application; and
• Treatment of musculoskeletal injuries, excluding acute fractures or soft tissue avulsions.
• The PT must refer a patient to an appropriate healthcare provider if necessary services exceed the PT scope of practice.
• A physical therapist who receives a referral shall communicate with the referring provider as necessary to ensure continuity of care.

You may receive Luna-specific clinical and/or marketing-related text messages and telephone calls:

Aside from appointment-related communications, Luna may periodically contact you by email or text message (including through the use of an automated telephone dialing system) to inform you of programs, services, and other initiatives that may be of interest to you. This may include clinical messages such as checking in on your recovery progress. As such, you agree to allow Luna to market and/or offer its Services to you.

This authorization permits Luna to use your personal information in order to include you on mailing lists, email lists, text messaging, push notifications, and other forms of electronic communication. You are not required to provide this consent as a condition of using our Services, and this authorization will remain in effect unless otherwise revoked by you.

You may opt out anytime of receiving clinical and/or marketing-related emails and text messages by providing notice to us, by indicating/replying to such messages that you wish to unsubscribe or "stop" their ongoing transmission.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Luna);
• Violates any law or regulation, including any applicable export control laws;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your Luna account or anyone else’s (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Attempts to and/or violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Luna?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Luna’s) rights.

You understand that Luna owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do.

Do I have to grant any licenses to Luna or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users such as your Luna Physical Therapist and/or the Luna Concierge. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to Luna's Notice of Privacy Practices to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Luna a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Luna the licenses above, as well as a license to display, perform, and distribute your feedback for the purpose of improving the Services.

Finally, you understand and agree that Luna, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Will Luna ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Luna cost anything?

Fees

You agree that in consideration of the Services, you hereby individually obligate yourself to pay Luna in accordance with the rates and terms of Luna, available via our website(s) and applications. You are responsible for any deductibles, co-insurance, co-pays or any other non-covered services per your individual insurance policy. If your insurance policy or plan changes during the time of treatment, you must notify us immediately. Failure to do so may result in a balance owed by you.

Insurance and Financial Responsibility

You authorize payment to Luna of any insurance or other applicable (e.g., Medicare, BCBS) benefits otherwise payable to you or on your behalf for these outpatient services, at a rate not to exceed Luna’s regular charges. It is agreed that payment to Luna, pursuant to the authorization, by an insurance company shall discharge said insurance company of any and all obligations under a policy to the extent of such payment. You hereby authorize payment directly to Luna for any benefits payable to you and/or your qualified dependents under the insurance coverage or Major Medical provisions of insurance coverage identified on bills submitted by Luna for treatment. It is your responsibility to understand your insurance policy and coverage for therapy services; however, Luna will make every effort to verify insurance coverage and provide an explanation of benefits. However, we will not be responsible for incorrect information and/or authorization given to us by you or on your behalf. You authorize payment of Medicare benefits to be made on your behalf for all Services furnished by Luna.

You further agree that you are financially responsible for charges not collected by this agreement, unless otherwise stated by applicable written contract or law. You understand that in some instances your insurance may not cover all treatment charges incurred and You agree to be financially responsible for payments for Services that are not covered/reimbursed by your insurance company.

Good Faith Estimate

You have a right to receive a “Good Faith Estimate” (GFE) of treatment costs. Under certain circumstances, healthcare providers need to give patients who don’t have insurance or who are not using insurance an estimate of the cost for medical items and services, including outpatient rehabilitation services. Depending on when you schedule your service, your provider may be required to provide a GFE within days after you schedule. You can also ask your healthcare provider for a Good Faith Estimate before you schedule an item or service. If you receive a bill that is substantially more than your GFE, you can dispute the bill. Make sure to save a copy or picture of your GFE. For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises or call 1-800-985-3059.

Payment Method

We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Session in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method and to provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

Cancellation, No Show, and Credit/Refund Policy

Luna requires you to cancel your appointment no later than 24 hours prior to your scheduled appointment time. If you are unable to give a 24 hour notice, or if you no show for your appointment, there will be a cancellation fee of $90.00 for each occurrence.

If your Physical Therapist does not show for your scheduled session, we will work with you to reschedule an appointment with another Physical Therapist or provide you a refund. If your therapist cancels your session, it does not exempt you from any liabilities related to late cancellation fees you might have accrued.

What if I want to stop using Luna?

You’re free to do that at any time, by no longer using the Service. Please refer to Luna's Notice of Privacy Practices, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

If you stop using the Service, be aware that records shall be maintained for certain periods of time as required by law.

Luna is also free to suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Luna has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Luna Application available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

• Both you and Luna acknowledge that the Terms are concluded between you and Luna only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Luna, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Luna, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Luna acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and Luna acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

For Arizona Patients – Did You Know?

The Arizona State Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
1740 W. Adams, Ste. 2450
Phoenix AZ, 85007
1-602-274-0236

For California Patients – Did You Know?

The Physical Therapy Board of California licenses and regulates your Physical Therapist and Physical Therapist Assistant.

*A Physical Therapy Aide, while regulated by the Board, is not licensed.

Visit the Board’s website through this link for information on:

• Verifying a license
• What to expect when you receive care
• Your rights as a patient
• How to file a complaint

Board Contact Information:
2005 Evergreen Street, Suite 1350
Sacramento, CA 95815
1-800-832-2251

For Colorado Patients – Did You Know?

The Colorado State Physical Therapy Board licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on:

• Verifying a license
• What to expect when you receive care
• Your rights as a patient
• How to file a complaint

Board Contact Information:
1560 Broadway, Suite 1350
Denver, CO 80202
1-303-894-7800

For Connecticut Patients – Did You Know?

The Department of Public Health licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Department’s website through this link for information on verifying a license.

Contact Information:
410 Capitol Avenue, MS# 12 APP
P.O. Box 340308
Hartford, CT 06134-0308
1-860-509-7603

For Delaware Patients – Did You Know?

The Examining Board of Physical Therapists and Athletic Trainers licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
Cannon Building, Suite 203
861 Silver Lake Boulevard
Dover, DE 19904
1-302-744-4500

For Florida Patients – Did You Know?

The Florida Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
4052 Bald Cypress Way Bin C-05
Tallahassee, FL 32399-3255
1-850-488-0595

For Georgia Patients – Did You Know?

The Georgia State Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
237 Coliseum Drive
Macon, GA 31217
1-404-424-9966

For Illinois Patients – Did You Know?

The Illinois Department of Financial and Professional Regulation licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Department’s website through this link for information on verifying a license.

Board Contact Information:
100 West Randolph, 9th Floor
Chicago, IL 60601
1-888-473-4858

For Indiana Patients – Did You Know?

The Indiana Professional Licensing Agency licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Agency’s website through this link for information on verifying a license.

Agency Contact Information:
1-317-232-6201

For Maryland Patients – Did You Know?

The Maryland Board of Physical Therapy Examiners licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
4201 Patterson Avenue
Baltimore, MD 21215-2299
1-410-764-4718

For Massachusetts Patients – Did You Know?

The Massachusetts Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
1000 Washington Street, Ste. 710
Boston, MA 02118
1-617-701-8605

For Michigan Patients – Did You Know?

The Department of Licensing and Regulatory Affairs (LARA) regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Department’s website through this link for information on verifying a license.

Board Contact Information: (mailing address)
Ottawa Building
611 W. Ottawa
P.O. Box 30004
Lansing, MI 48909
1-517-335-9700

For Minnesota Patients – Did You Know?

The Minnesota Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
2829 University Ave. SE Suite #420
Minneapolis, MN 55414-3246
1-612-627-5406

For Missouri Patients – Did You Know?

The Missouri Board of Registration for the Healing Arts licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
3605 Missouri Boulevard
P.O. Box 4
Jefferson City, MO 65102
1-573-751-0098

For Nevada Patients – Did You Know?

The Nevada Physical Therapy Board licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
3291 North Buffalo Drive, Ste. 100
Las Vegas NV, 89129
1-702-876-5535

For New York Patients – Did You Know?

The New York State Office of the Professions’ State Board for Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
89 Washington Avenue
Albany, NY 12234-1000
1-518-474-3817

For North Carolina Patients – Did You Know?

The North Carolina Board of Physical Therapy Examiners regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information: (mailing address)
18 West Colony Place, Suite 140
Durham, NC 27705
1-919-490-6393

For Ohio Patients – Did You Know?

The Ohio Physical Therapy Association regulates your Physical Therapy and Physical Therapist Assistant.

Visit the Association’s website through this link for information on verifying a license.

Association Contact Information: (mailing address)
1085 Beecher Crossing North, Suite B
Gahanna, OH 43230
1-614-855-4109

For Oklahoma Patients – Did You Know?

The Oklahoma Physical Therapists Committee (under the direction and support of the Oklahoma State Board of Medical Licensure and Supervision) licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
101 NE 51st Street
Oklahoma City, OK 73105-1821
1-405-962-1400

For Oregon Patients – Did You Know?

The Oregon Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
800 NE Oregon Street, Suite 407
Portland, OR 97232-2187
1-971-673-0200

For Pennsylvania Patients – Did You Know?

The Pennsylvania Physical Therapy Association regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Association’s website through this link for information on verifying a license.

Board Contact Information: (mailing address)
2400 Ardmore Blvd., Suite 302
Pittsburgh, PA 15221
1-412-871-3406

For Tennessee Patients – Did You Know?

The Tennessee Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
710 James Robertson Parkway
Nashville, TN 37243
1-615-741-3807

For Texas Patients – Did You Know?

The Texas Board of Physical Therapy Examiners / Executive Council of Physical Therapy Examiners regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information: (mailing address)
333 Guadalupe, Suite 2-510
Austin, TX 78701-3942
1-512-305-6900

For Utah Patients – Did You Know?

The Utah Department of Commerce’s Division of Occupational and Professional Licensing licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Contact Information:
P.O. Box 146741
Salt Lake City, UT 84114-6741 
1-801-530-6628 

For Virginia Patients – Did You Know?

The Virginia Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant. 

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
Perimeter Center
9960 Mayland Drive, Suite 300
Henrico, VA 23233-1463
1-804-367-4674

For Washington, D.C. Patients – Did You Know?

The Washington, D.C. Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
899 North Capitol Street, NE
Washington, DC 20002
1-202-442-5955

For Washington Patients – Did You Know?

The Washington State Department of Health licenses and regulates your Physical Therapist and Physical Therapist Assistant.

*A Physical Therapy Aide, while regulated by the Board, is not licensed.

Visit the Department’s website through this link for information on:

• Verifying a license
• What to expect when you receive care
• Your rights as a patient
• How to file a complaint

Board Contact Information:
111 Israel Road SE
Tumwater, WA 98501
1-800-832-2251

For Wisconsin Patients – Did You Know?

The Wisconsin State Examining Board licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
4822 Madison Yards Way
Madison, WI 53705
1-608-266-2112

Notice of Nondiscrimination

Luna Care, Inc. (and its affiliates) complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Luna does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex. As a company, Luna:

• Provides free aids and services to people with disabilities to communicate effectively with us, such as qualified sign language interpreters and written information in other formats (large print, audio, accessible electronic formats, other formats)

• Provides free language services to people whose primary language is not English, such as qualified interpreters and information written in other languages

If you need these services, contact concierge@getluna.com. If you believe that Luna has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: concierge@getluna.com (email), 833-444-LUNA (phone), or 628-246-8418 (fax). You can file a grievance in person or by email, fax, or mail. If you need help filing a grievance, concierge@getluna.com is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201. Phone numbers are 800-368-1019 and 800-537-7697 (TDD). Complaint forms are available at www.hhs.gov/ocr/office/file/index.html.

Payment Processing

Payment processing services for patients and therapists on Luna are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Luna Terms of Use or continuing to operate as a patient or therapist on Luna, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Luna enabling payment processing services through Stripe, you agree to provide Luna accurate and complete information about yourself, and you authorize Luna to share it and transaction information related to your use of the payment processing services provided by Stripe.

What else do I need to know?

Warranty Disclaimer

Neither Luna nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services and Content are provided by Luna (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Luna (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $125 or (ii) the amounts paid by you to Luna in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold Luna, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

It is possible that your participation in the Services could result in injury to you. You acknowledge and fully understand that you are engaging in activities that may involve the risk of economic and other damages which might result from your own actions or omissions, from the actions or omissions of other parties, or from any of the activities you are asked to complete during a visit. You further agree that there may be other risks not known or not reasonably foreseeable at this time. Nonetheless, it is your desire to participate in the Services. Accordingly, you release, waive, discharge and covenant not to sue Luna Care, Inc. (and any of its affiliates) (collectively, "Luna", "we" and us"), any of its employees, representatives, contractors, officers, directors, shareholders, affiliates, administrators, agents, owners, or lessors of all equipment, all of whom are hereafter referred to as “Releasees”, from demands, losses or damages on account of injuries, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Luna’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law and Arbitration

These Terms are governed by and will be construed under the laws of the State of Tennessee, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Davidson County, Tennessee, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Davidson County, Tennessee, or the Middle District of Tennessee. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LUNA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Luna may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Luna agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Luna, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Luna, and you do not have any authority of any kind to bind Luna in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Luna agree there are no third party beneficiaries intended under these Terms.

Contact Information

If you have any questions or comments about these terms or the Services, please do not hesitate to contact us by emailing us at concierge@getluna.com or calling us at 833-444-LUNA.