Luna Cycles Terms of Use, Terms of Sale, and Product Risk Agreement

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, CREATING AN ACCOUNT, OR PURCHASING, ASSEMBLING, CHARGING, MODIFYING, MAINTAINING, OR OPERATING ANY PRODUCT.

SECTION 6.4 CONTAINS SPECIAL TERMS FOR OFF-ROAD VEHICLES THAT ARE DELIVERED WITH FACTORY SPEED OR POWER LIMITATIONS.

SECTIONS 12 THROUGH 18 CONTAIN IMPORTANT SAFETY REQUIREMENTS, AN ASSUMPTION OF RISK, A RELEASE OF CERTAIN CLAIMS, AND INDEMNIFICATION OBLIGATIONS RELATING TO ELECTRIC BICYCLES, ELECTRIC MOTORCYCLES, OFF-ROAD VEHICLES, CONVERSION KITS, HIGH-POWER COMPONENTS, AND LITHIUM-ION BATTERIES.

SECTION 28 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER. EXCEPT FOR CERTAIN CLAIMS DESCRIBED THERE, YOU AND LUNA CYCLES AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 28.

Nothing in these Terms waives any right or remedy that applicable law does not permit a consumer to waive.

1. Parties and Scope

These Terms of Use, Terms of Sale, and Product Risk Agreement (“Terms”) form a binding agreement between you and Luna Cycles LLC, a California limited liability company (“Luna Cycles,” “Luna,” “we,” “us,” or “our”).

These Terms govern:

1. Your access to and use of the Luna Cycles website, online store, customer portal, communications, and related services, collectively referred to as the “Site”;

2. Your purchase of products from Luna;

3. Your use, possession, assembly, installation, charging, storage, transportation, maintenance, repair, modification, resale, gifting, or transfer of products purchased from Luna; and

4. Disputes arising from or relating to the Site, a Product, an order, advertising, customer support, warranty service, or your relationship with Luna.

“Product” means any product offered or sold by Luna, including electric bicycles, electric motorcycles, electric dirt bikes, pit bikes, off-road vehicles, frames, conversion kits, motors, controllers, displays, batteries, battery cells, chargers, electrical components, performance parts, mechanical parts, accessories, apparel, safety equipment, tools, and replacement parts.

2. Acceptance and Electronic Agreement

2.1 Checkout Acceptance

When you check a box stating that you agree to these Terms and then submit an order, you:

• Confirm that you had an opportunity to read these Terms before purchasing;

• Agree to be legally bound by the version presented to you at checkout;

• Consent to conducting the transaction electronically;

• Adopt your electronic action as your signature; and

• Confirm that the order information you submitted is accurate.

An order cannot be completed unless you affirmatively accept these Terms when Luna requires acceptance.

2.2 Site Use

By accessing or using the Site, you agree to the provisions governing Site use, accounts, intellectual property, acceptable conduct, privacy, and dispute resolution to the extent permitted by law.

Purchasing a Product, agreeing to a risk release, or agreeing to Product-specific conditions may require additional affirmative consent.

2.3 Electronic Records

You consent to receiving electronically all records relating to your transaction, including these Terms, order confirmations, invoices, safety notices, warranty information, recall notices, return instructions, and other legally required disclosures.

You may print or save a copy of these Terms. Luna may retain an electronic record of your acceptance, including:

• The date and time of acceptance;

• The order number;

• Account and customer information;

• The version of the Terms;

• The exact acceptance language displayed;

• Product-specific acknowledgments;

• Session and transaction information; and

• Other records reasonably associated with the transaction.

3. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding contract to purchase from Luna.

You may not purchase a Product if:

• Applicable law prohibits you from possessing or purchasing it;

• You intend to export, transfer, resell, or use it unlawfully;

• You provided false identity, payment, age, location, or intended-use information; or

• Luna has previously suspended your purchasing privileges for fraud, abuse, safety violations, or material breach of an agreement.

When purchasing on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes both you individually and the organization.

4. Incorporated Policies and Order of Priority

The following may form part of your agreement with Luna when made available before purchase:

• The Product description and specifications;

• Product-specific safety disclosures;

• The applicable Luna or manufacturer Limited Warranty;

• The Luna Return Policy;

• Battery handling, charging, storage, and shipping instructions;

• Product manuals and assembly instructions;

• Promotional terms;

• Extended-warranty or service-contract terms;

• Financing-provider terms; and

• A separately executed written agreement.

These materials are collectively called “Product-Specific Terms.”

If provisions conflict, the following order applies:

1. A separately negotiated written agreement signed by an authorized Luna representative;

2. Product-Specific Terms addressing the particular Product or subject;

3. The Return Policy, for returns and voluntary cancellations;

4. These Terms.

A more specific provision controls only the particular matter it addresses. No Product listing or policy eliminates a right that applicable law makes nonwaivable.

Terms contained in your purchase order, procurement form, vendor portal, confirmation, or other document do not modify Luna’s Terms unless an authorized Luna representative expressly agrees to them in a signed writing.

5. Accounts and Site Conduct

You are responsible for:

• Providing accurate and current account information;

• Maintaining the confidentiality of your credentials;

• Activity occurring through your account;

• Immediately notifying Luna of suspected unauthorized access; and

• Keeping your contact information current so Luna can send safety, warranty, recall, or order communications.

You may not:

• Use the Site for fraud or unlawful conduct;

• Misrepresent your identity, age, location, authority, or intended use;

• Introduce malicious software;

• Circumvent security, access-control, quantity, or purchasing restrictions;

• Interfere with Site operation;

• Scrape, harvest, copy, or systematically extract Site content through automated means without written authorization;

• Reverse engineer Site software except where a legal right to do so cannot be restricted;

• Impersonate Luna or falsely claim to be an authorized Luna dealer;

• Use Luna’s content or trademarks to sell counterfeit or unauthorized products; or

• Submit false warranty, return, delivery, payment, or chargeback claims.

Luna may suspend or terminate access when reasonably necessary to prevent fraud, security threats, unlawful activity, safety risks, or material violations of these Terms.

6. Product Classification and Legal Compliance

6.1 Product Classification Varies

Luna sells different categories of Products. Some Products may qualify as electric bicycles in certain jurisdictions. Others may be electric motorcycles, off-highway vehicles, competition vehicles, high-powered cycles, motor-vehicle components, or Products intended only for private-property or off-road use.

Not every Product sold by Luna is street legal.

A Product’s classification depends on its configuration, power, maximum assisted speed, equipment, modifications, jurisdiction, and intended use.

A Product is represented as street legal only when the applicable Product listing expressly makes that representation for the relevant configuration and jurisdiction.

6.2 Your Responsibility

Before purchasing or operating a Product, you are responsible for determining and complying with all applicable:

• Registration and title requirements;

• Driver-license or permit requirements;

• Minimum-age requirements;

• Helmet and protective-equipment laws;

• Equipment and lighting requirements;

• Speed, power, and classification limits;

• Insurance requirements;

• Road, bicycle-lane, trail, park, and private-property restrictions;

• Noise and environmental requirements;

• Transportation and battery-shipping regulations; and

• Import, export, sanctions, and customs requirements.

Luna does not provide legal advice and cannot guarantee that a Product will be lawful for your proposed use or location.

6.3 Modifications

Changing a Product’s controller, firmware, gearing, battery, motor, wheel size, speed limiter, power setting, lighting, brakes, or other equipment may change its legal classification, handling, safety, warranty coverage, or insurability.

You may not use Luna instructions, Products, software, or support to defeat legally required speed restrictions, safety systems, odometers, serial numbers, registration requirements, emissions rules, or equipment requirements.

6.4 Off-Road Factory Speed-Limited Vehicles

6.4.1 Scope and Definitions

This section applies to any Product whose Product listing, label, packaging, invoice, order acknowledgment, or Product-Specific Terms identify it as:

• “Off-Road Use Only — Factory Limited to 20 MPH”;

• “Factory Speed Limited”;

• “Factory Power Limited”; or

• Any substantially similar designation.

A Product subject to this section is referred to as a “Factory-Limited Vehicle.”

“Factory Speed/Power Limiter” means any factory-installed or factory-configured hardware, wiring, connector, controller, relay, sensor, resistor, display setting, firmware, software, current limit, power map, speed setting, battery-management setting, motor-control setting, or combination of components used to limit the Vehicle’s speed, motor output, torque, current, acceleration, or power.

6.4.2 Factory Configuration

A Factory-Limited Vehicle is delivered in a restricted factory configuration intended to limit its powered speed to approximately the speed stated in the applicable Product listing, which may be approximately 20 miles per hour, and to reduce its available motor power, torque, current, or acceleration.

The stated factory-limited speed is approximate and is not a guarantee that the Vehicle will travel at exactly that speed under every condition. Actual speed may vary according to rider weight, cargo, battery state of charge, tire size and pressure, terrain, grade, wind, temperature, calibration, tolerances, and other operating conditions.

A Vehicle may exceed its stated powered-speed limitation while descending a hill, being pushed or towed, coasting, or because of environmental or operating conditions.

The Factory Speed/Power Limiter is not a brake, speed-control substitute, rider-training substitute, or fail-safe safety device. The rider remains responsible for controlling the Vehicle and operating it at a safe speed.

The restricted factory configuration is a material characteristic of the Product and a material basis on which Luna offers and sells the Factory-Limited Vehicle.

6.4.3 Off-Road Use Only; No Representation of Street Legality

Unless the applicable Product listing expressly states otherwise, a Factory-Limited Vehicle is sold exclusively as off-road recreational equipment.

It is not designed, certified, labeled, warranted, or represented by Luna as being suitable or lawful for operation on:

• Public streets or highways;

• Sidewalks;

• Bicycle lanes;

• Bicycle paths;

• Public trails;

• Parks;

• Pedestrian areas; or

• Any other location where its operation is prohibited or restricted.

The presence of a factory speed limitation of approximately 20 miles per hour does not, by itself:

• Make the Vehicle an electric bicycle;

• Make the Vehicle street legal;

• Establish that the Vehicle complies with any federal, state, provincial, territorial, county, city, or municipal vehicle classification;

• Establish eligibility for a license plate, title, registration, off-highway identification, insurance, or operating permit;

• Establish that the Vehicle complies with electric-bicycle power, pedal, labeling, equipment, or manufacturing requirements; or

• Authorize operation in any particular location.

Where the Product listing states that the Vehicle is not supplied with a VIN, title, registration, manufacturer’s certificate of origin, certificate of conformity, or similar documentation, the buyer acknowledges that limitation before purchasing.

The absence of any such document does not establish that registration or identification is unnecessary, exempt the Vehicle or owner from applicable law, or authorize operation in a location where registration, identification, licensing, insurance, equipment, or another approval is required.

The buyer is solely responsible for investigating and complying with the laws applicable to the Vehicle’s possession, transportation, registration, identification, insurance, modification, resale, and operation.

6.4.4 Prohibition Against Removing or Defeating the Factory Limiter

As a material condition of the purchase and use of a Factory-Limited Vehicle, the buyer agrees not to knowingly:

• Remove, disconnect, bypass, defeat, alter, or disable the Factory Speed/Power Limiter;

• Cut, splice, bridge, ground, reconnect, reroute, or otherwise alter limiter-related wiring or connectors;

• Reprogram, flash, tune, replace, or alter the controller, display, firmware, software, battery-management system, current settings, or power maps for the purpose of increasing speed or power beyond the delivered factory configuration;

• Install a controller, display, battery, motor, wiring harness, switch, bypass device, software package, or other component intended to defeat the factory restriction;

• Provide another person with instructions, components, software, or assistance for defeating the factory restriction;

• Represent a modified Vehicle as remaining in its original Luna-supplied configuration; or

• Operate or permit another person to operate a modified Vehicle in violation of applicable law.

Luna does not authorize limiter removal merely because information concerning modification may be available from a manufacturer, dealer, independent service provider, former employee, social-media account, video, forum, website, or other third party.

6.4.5 Consequences of Modification

Once a Factory Speed/Power Limiter is removed, bypassed, defeated, reprogrammed, or materially altered, the Vehicle is no longer in the factory configuration in which Luna offered and sold it.

Increasing speed, torque, current, acceleration, or power can materially increase:

• Stopping distance;

• Brake temperature and wear;

• Tire and wheel loading;

• Drivetrain loading;

• Frame, fork, suspension, and bearing loads;

• Controller, motor, connector, wiring, and battery temperatures;

• Battery discharge rates;

• The likelihood and severity of a crash;

• The risk of component failure;

• The risk of fire, electrical failure, or thermal runaway;

• The level of rider skill and protective equipment required; and

• Registration, licensing, insurance, and equipment requirements.

The person who performs, directs, authorizes, or knowingly permits the modification assumes responsibility, to the extent permitted by law, for determining whether the modified Vehicle is mechanically safe, properly inspected, properly equipped, legally classified, registered, insured, and lawful for its intended location and use.

A modified Vehicle must not be operated until a qualified technician has evaluated all systems affected by the increased speed or power and the owner has determined that the proposed operation is lawful.

6.4.6 Warranty Status

Removing, disconnecting, bypassing, altering, or reprogramming a Factory Speed/Power Limiter does not, by itself, void, cancel, suspend, reduce, or otherwise terminate the Product’s warranty coverage.

A warranty claim involving a Vehicle whose Factory Speed/Power Limiter has been removed or altered will be evaluated under the same applicable Product-Specific Limited Warranty, warranty procedures, and applicable law that otherwise govern the Product.

Luna will not deny warranty coverage merely because the Factory Speed/Power Limiter was removed, bypassed, disconnected, altered, or reprogrammed.

This section does not create an additional warranty or expand the duration, remedies, or coverage provided by the applicable Product-Specific Limited Warranty.

Luna may request reasonable photographs, diagnostic information, controller information, firmware information, configuration information, error logs, operating data, or inspection of the Vehicle when reasonably necessary to diagnose a reported problem or evaluate a warranty claim.

Luna may also request that a Vehicle be returned to a reasonably serviceable configuration when necessary to safely diagnose, repair, test, or transport it. A request for a serviceable configuration does not mean that removal of the Factory Speed/Power Limiter voided the warranty.

Luna is not required to provide instructions, software, passwords, components, technical support, or troubleshooting assistance for the purpose of removing or defeating a Factory Speed/Power Limiter or increasing a Vehicle’s speed or power beyond its factory-delivered configuration.

6.4.7 Preservation of Evidence

After a crash, fire, battery event, component failure, personal injury, property-damage incident, or warranty claim involving a Factory-Limited Vehicle, the owner must not intentionally erase, overwrite, destroy, conceal, or alter reasonably relevant:

• Controller or battery data;

• Firmware or software information;

• Error logs;

• Wiring;

• Connectors;

• Limiter components;

• Damaged components;

• Serial-number labels;

• Photographs;

• Video; or

• Other evidence concerning the Vehicle’s configuration and condition.

Failure to preserve or provide reasonably requested information may delay or impair Luna’s ability to investigate an incident, diagnose a reported problem, or determine the cause of a claimed condition.

Failure to preserve information does not, by itself, void the Product’s warranty.

6.4.8 Transfer, Resale, or Permission to Use

Before selling, gifting, lending, renting, transferring, or permitting another person to operate a Factory-Limited Vehicle, the owner must disclose:

• That the Vehicle was sold for off-road use only;

• That the Vehicle was originally supplied in a factory speed- and power-limited configuration;

• Whether the limiter or any related system has been removed, altered, bypassed, or reprogrammed;

• That the Vehicle is not represented by Luna as street legal;

• Any known crash, battery event, structural damage, modification, recall, or unresolved safety issue; and

• The warnings, manuals, and restrictions applicable to the Vehicle.

The owner must not advertise, label, or represent a Factory-Limited Vehicle as an electric bicycle, street-legal vehicle, registered vehicle, unmodified Vehicle, or Vehicle approved by Luna for public-road use unless that representation is independently accurate and expressly supported by applicable Product documentation and law.

6.4.9 Assumption of Risk and Indemnification

The buyer knowingly assumes the additional risks arising from any removal, bypass, defeat, alteration, reprogramming, or unauthorized modification of a Factory Speed/Power Limiter.

Subject to Section 18 and applicable law, the buyer agrees to defend, indemnify, and hold harmless the Released Parties from third-party claims, government penalties, losses, liabilities, and reasonable legal fees to the extent caused by:

• The buyer’s alteration or defeat of a Factory Speed/Power Limiter;

• The buyer’s permitting another person to alter or defeat the limiter;

• Operation of a modified Vehicle;

• Failure to disclose a modification when transferring the Vehicle; or

• False representations that a modified Vehicle is street legal, remains factory limited, or is approved by Luna for public-road operation.

This subsection does not require the buyer to indemnify Luna for liability caused by Luna’s gross negligence, willful misconduct, fraud, a legally cognizable defect that existed when the Product left Luna’s control, or other liability that applicable law prohibits Luna from shifting.

6.4.10 Nonwaivable Rights and Warranty Clarification

Nothing in this section eliminates or limits any liability, warranty right, consumer right, or legal remedy that applicable law does not permit Luna to eliminate or limit.

Removal, bypass, disconnection, alteration, or reprogramming of a Factory Speed/Power Limiter does not, by itself, void, cancel, suspend, or reduce the Product’s warranty coverage.

Warranty coverage remains governed by the applicable Product-Specific Limited Warranty and applicable law.

The other provisions of this section concern the Vehicle’s safety, operating characteristics, legal classification, permitted locations of use, owner responsibilities, assumption of risk, transfer, resale, and representations concerning the Vehicle. Those provisions remain applicable regardless of the Vehicle’s warranty status.

7. Orders and Acceptance

7.1 Your Order Is an Offer

Submitting an order is an offer to purchase the Products identified in the order. An automated acknowledgment confirms only that Luna received the order. It does not constitute acceptance.

Luna accepts an order when it ships the Product, makes it available for pickup, or otherwise expressly confirms acceptance.

7.2 Right to Reject or Cancel

Before acceptance, Luna may reject or cancel an order for a legitimate reason, including:

• Inventory unavailability;

• A pricing, description, or system error;

• Suspected fraud or unauthorized payment;

• Incorrect shipping or billing information;

• Safety or legal restrictions;

• A restricted destination;

• Suspected unlawful resale or export;

• A violation of purchase limits;

• Inability to verify identity or eligibility; or

• Circumstances beyond Luna’s reasonable control.

When Luna cancels an order after collecting payment, Luna will refund the amount collected for the canceled item unless lawfully applied to another amount you owe.

7.3 Quantity and Resale Restrictions

Luna may establish reasonable quantity limits. A retail purchase does not authorize you to represent yourself as a Luna dealer, distributor, service center, agent, or warranty provider.

Commercial, fleet, rental, dealer, distribution, and resale purchases may require a separate written agreement and may be subject to different pricing, warranty, support, and dispute terms.

7.4 Changes and Substitutions

Manufacturers may make minor running changes to components, finishes, packaging, or specifications.

Luna will not knowingly substitute a materially different Product or materially reduce a Product’s safety or principal functionality without disclosure or your consent.

8. Prices, Payment, Taxes, and Fraud Prevention

Prices are stated in U.S. dollars unless otherwise indicated.

You authorize Luna and its payment providers to:

• Verify the payment information you submit;

• Obtain an authorization;

• Charge the order amount, applicable taxes, shipping, and disclosed fees;

• Correct a duplicate or erroneous charge; and

• Issue credits or refunds to the original payment method.

You are responsible for sales, use, excise, registration, customs, import, and similar taxes or charges associated with your purchase, except taxes imposed directly on Luna’s income.

Prices, promotions, and availability may change prospectively. Luna is not required to honor an obvious typographical or system error. When an error affects an accepted order, Luna will notify you and offer the legally appropriate correction, cancellation, or refund.

Third-party financing, installment, lease, and payment services are governed by the provider’s separate agreement. Luna is not the lender unless expressly stated.

You should contact Luna promptly before initiating a payment dispute so Luna has an opportunity to investigate. Nothing in these Terms limits a lawful payment-card or consumer-protection right.

Knowingly making a false chargeback, delivery claim, identity claim, warranty claim, or return claim is prohibited. Luna may recover losses and reasonable collection costs caused by intentional fraud to the extent permitted by law.

9. Product Information and Performance

Luna attempts to present Product information accurately. Nevertheless:

• Product photographs may show optional equipment or accessories;

• Colors and finishes may vary by screen and production batch;

• Weights, dimensions, speeds, ranges, power figures, and charge times may be approximate;

• Component specifications may change during production;

• Software and firmware may affect operation; and

• Performance varies according to rider weight, cargo, speed, terrain, elevation, tire pressure, temperature, wind, riding style, battery condition, configuration, maintenance, and other factors.

Published range, speed, power, acceleration, and charge-time figures are estimates or test results under particular conditions, not guarantees that every rider will achieve the same result, unless Luna expressly provides a written guarantee.

You must not exceed a Product’s stated load, temperature, voltage, current, charging, terrain, towing, passenger, or other safety limit.

Statements by unaffiliated reviewers, social-media users, forum participants, dealers, manufacturers, or other third parties do not create a Luna warranty.

An oral statement modifies a Product warranty only if an authorized Luna representative confirms the modification in writing.

10. Shipping, Delivery, Title, and Risk of Loss

10.1 Shipping Estimates

Processing, shipment, transit, and delivery dates are estimates unless Luna expressly guarantees a date in writing.

Luna may ship an order in separate packages or freight shipments. Delays may occur because of inventory, carrier capacity, weather, hazardous-material restrictions, address verification, fraud screening, government action, or other circumstances.

When required by law, Luna will provide an appropriate delay notice and an opportunity to consent to the delay or cancel for a refund.

10.2 Address and Delivery Requirements

You are responsible for providing a complete and accurate deliverable address, telephone number, email address, and any information needed for freight or restricted delivery.

Luna may require:

• An adult signature;

• Identification;

• A delivery appointment;

• Access suitable for a freight vehicle;

• Delivery to a carrier terminal;

• Inspection at pickup; or

• Additional verification before changing an address.

Luna is not responsible for a delay or loss caused by an incorrect address, inaccessible location, unauthorized address-forwarding request, missed appointment, refusal of delivery, or failure to cooperate with a carrier, except to the extent caused by Luna or otherwise required by law.

10.3 Shipment Contracts

Except when Product-Specific Terms state that delivery is a destination contract or applicable law requires otherwise, Products are shipped under a shipment contract.

To the fullest extent permitted by law:

• Title passes after full payment when Luna duly delivers the Product to the carrier;

• Risk of loss passes when Luna duly delivers the Product to the carrier; and

• For local pickup, title and risk pass when the Product is tendered to you or your authorized recipient.

This allocation does not eliminate Luna’s obligations concerning nonconforming goods, Luna’s own shipping error, or rights that cannot lawfully be waived.

10.4 Freight and Shipping Damage

For freight, large-item, bicycle, motorcycle, battery, and high-value deliveries, you agree to:

1. Inspect the packaging before accepting delivery when reasonably possible;

2. Note visible damage or shortages on the carrier’s delivery record;

3. Photograph the packaging, labels, pallet, and Product;

4. Preserve all packaging and damaged parts;

5. Avoid operating a potentially damaged Product; and

6. Notify Luna promptly, preferably within 48 hours after delivery.

Failure to report promptly may materially impair Luna’s or the carrier’s ability to investigate and may reduce contractual remedies to the extent permitted by law. It does not waive a right that applicable law makes nonwaivable.

You agree to reasonably cooperate with any carrier inspection, damage claim, salvage request, or investigation. Luna may elect to pursue a carrier claim directly or authorize you to do so.

10.5 Refused and Undeliverable Shipments

If you refuse an undamaged conforming shipment or a shipment becomes undeliverable because of information or conduct attributable to you, Luna may deduct actual return freight, storage, redelivery, hazardous-material, and other reasonable costs from any refund to the extent permitted by law and disclosed policy.

11. Cancellations, Returns, and Refunds

11.1 Return Policy

The Return Policy posted on the Site is incorporated into these Terms. Product-Specific Terms may impose additional restrictions that were conspicuously disclosed before purchase.

Unless otherwise stated in Product-Specific Terms, most eligible new, unopened, and unused Products require a return request within 14 calendar days after delivery.

11.2 Authorization Required

A return requires prior written authorization and a return-merchandise authorization when requested by Luna.

Sending a Product back without authorization does not guarantee acceptance or a refund. Luna may refuse an unauthorized shipment or return it to you at your expense, subject to applicable law.

11.3 Return Condition

An eligible return must ordinarily be:

• Unused and uninstalled;

• Complete;

• In resalable condition;

• Free from damage, contamination, modification, and unauthorized repair;

• Accompanied by manuals, keys, chargers, accessories, labels, and included parts; and

• Packaged adequately for safe return transportation.

Luna may deduct an amount reasonably reflecting missing items, damage, use, diminished value, repackaging, return freight, or other disclosed costs, except where the return results from Luna’s error, a covered defect, or a right that applicable law protects.

11.4 Restricted and Nonreturnable Products

Except where defective, incorrectly shipped, recalled, or otherwise required by law, the following may be nonreturnable after delivery:

• Batteries and battery cells;

• Custom-built, custom-cut, custom-programmed, or custom-modified Products;

• Installed electrical or mechanical components;

• Used safety equipment;

• Products damaged through use, installation, charging, modification, or inadequate return packaging;

• Clearance, final-sale, or specially ordered Products conspicuously identified as such; and

• Hazardous-material Products that cannot lawfully or safely be returned through ordinary shipping.

Never ship a damaged, swollen, leaking, overheated, recalled, or otherwise unsafe lithium-ion battery unless Luna or a qualified hazardous-material carrier has provided specific written instructions.

11.5 Cancellations

A cancellation request is not effective until Luna confirms it.

Once processing, assembly, customization, programming, crating, or shipment has begun, cancellation may be unavailable or subject to actual disclosed costs.

11.6 Refunds

Approved refunds are generally issued after Luna receives and inspects the return. Refunds ordinarily go to the original payment method.

Original and return shipping charges are nonrefundable except when Luna made an error or applicable law requires reimbursement.

The voluntary Return Policy does not limit rights concerning defective or nonconforming goods, warranty coverage, recalls, or nonwaivable consumer remedies.

12. Assembly, Inspection, Maintenance, and Modification

12.1 Assembly

Some Products arrive partially assembled or require installation, adjustment, programming, or integration with other components.

You are responsible for following all instructions and for determining whether you have the knowledge, tools, and physical ability to complete the work safely.

When you are not qualified, you must use a competent bicycle, motorcycle, electrical, battery, or other appropriate technician.

12.2 Pre-Use Inspection

Before first use and regularly thereafter, you must inspect all safety-critical systems applicable to the Product, including:

• Brakes and brake cutoff functions;

• Wheels, axles, tires, and tire pressure;

• Steering, headset, handlebars, and controls;

• Suspension;

• Frame, fork, fasteners, and torque settings;

• Chain, belt, sprockets, and guards;

• Throttle and pedal-assist operation;

• Battery mounting and connectors;

• Charging port and wiring;

• Lights and reflectors;

• Firmware settings and error codes; and

• Any component identified in the manual.

Do not operate a Product with a loose, damaged, misadjusted, overheating, malfunctioning, or unfamiliar component.

12.3 Maintenance

Products require periodic inspection, adjustment, cleaning, lubrication, brake service, tire service, fastener checks, battery care, and replacement of worn items.

Maintenance frequency must reflect actual use, terrain, weather, load, speed, and conditions.

Normal wear, consumable parts, and adjustment needs are not necessarily defects.

12.4 Modifications and Third-Party Parts

Installation of a third-party part or use of an independent repair provider does not, by itself, automatically eliminate lawful warranty coverage.

However, damage, malfunction, incompatibility, altered performance, or safety issues caused by improper service, an incompatible component, unauthorized programming, or a modification are not covered to the extent permitted by the applicable warranty and law.

You assume responsibility for determining compatibility and for changes to handling, power, braking, structural loading, electrical loading, legal classification, and safety resulting from modification.

13. High-Risk Product Safety Rules

“High-Risk Product” means:

• An electric bicycle;

• Electric motorcycle, electric dirt bike, pit bike, or off-road vehicle;

• High-power conversion kit;

• Motor, controller, battery, charger, or power-system component;

• Performance or speed-enhancing component; or

• Any Product capable of causing substantial bodily injury, death, fire, or significant property damage through operation, installation, charging, storage, or misuse.

High-Risk Products are not toys.

When possessing or using a High-Risk Product, you agree that you and every permitted rider will:

• Read and follow the Product manual and safety warnings;

• Use a properly fitted, certified helmet appropriate for the Product and activity;

• Use appropriate eye protection, gloves, footwear, body protection, and visible clothing;

• Operate only within the rider’s training, experience, and physical ability;

• Never operate while impaired by alcohol, cannabis, drugs, medication, fatigue, illness, or distraction;

• Never carry a passenger unless the Product is specifically designed and equipped for one;

• Never exceed load, terrain, grade, speed, temperature, water-exposure, or other stated limitations;

• Confirm that brakes, controls, tires, wheels, fasteners, battery, and steering are functioning before each ride;

• Avoid public roads, bicycle lanes, trails, parks, or other locations where operation is unlawful;

• Obtain permission before operating on private property;

• Maintain safe distance from people, animals, vehicles, structures, drop-offs, water, and combustible materials;

• Stop operating immediately after a crash, submersion, electrical fault, unusual sound, odor, vibration, heat event, or loss of control; and

• Prevent access by children and unauthorized users.

Unless a Product is expressly represented for such use, do not use it for racing, jumping, stunts, rental, delivery work, competition, towing, carrying passengers, deep water, or other extreme or commercial activity.

14. Lithium-Ion Battery Safety

Lithium-ion batteries contain substantial stored energy.

Improper charging, storage, transportation, impact, modification, water exposure, short-circuiting, overheating, or use of an incompatible charger can result in fire, explosion, toxic smoke, severe burns, electric shock, property damage, serious injury, or death.

You agree to the following:

14.1 Charging

• Use only a charger specifically identified as compatible with the battery’s chemistry, voltage, connector, charging protocol, and current limits.

• Inspect the battery, charger, cable, connector, and charging port before each charge.

• Charge in a dry, ventilated area on a stable, noncombustible surface away from flammable materials and exits.

• Do not charge while sleeping or when no responsible adult is available to monitor the charging area.

• Do not cover the charger or battery during charging.

• Do not use damaged cords, loose outlets, damaged adapters, or an electrical circuit incapable of safely supporting the load.

• Follow all temperature and state-of-charge limits in the manual.

• Disconnect charging equipment after charging is complete.

14.2 Inspection and Damage

Do not charge, use, transport, or store a battery that is:

• Swollen, punctured, crushed, cracked, leaking, corroded, or deformed;

• Emitting unusual heat, smoke, odor, noise, or vapor;

• Involved in a significant impact or crash;

• Submerged or materially exposed to water;

• Showing damaged wiring, connectors, insulation, or charging ports;

• Producing repeated error codes or abnormal voltage behavior; or

• Subject to a recall or safety stop-use notice.

If a battery presents an immediate danger, move away, warn others, and contact emergency services.

Do not touch, move, open, puncture, or attempt to extinguish a burning or venting battery unless trained and it is safe to do so.

14.3 Storage and Transportation

Store batteries in accordance with the manufacturer’s instructions, protected from children, impact, direct sunlight, extreme temperatures, moisture, metal objects, and combustible materials.

Do not place a loose battery where terminals can contact tools, jewelry, keys, fasteners, or other conductive objects.

Battery transportation and return shipping may be regulated. You must follow Luna’s written instructions and all applicable carrier and hazardous-material requirements.

14.4 Modification and Disposal

Do not open, disassemble, rebuild, bypass, weld, puncture, crush, modify, or attempt a cell-level repair unless you are professionally qualified and legally authorized to perform that work.

Do not dispose of a battery in household trash. Use an authorized battery recycling, hazardous-waste, or disposal program.

15. Knowing and Voluntary Assumption of Risk

YOU ACKNOWLEDGE THAT THE PURCHASE, POSSESSION, ASSEMBLY, INSTALLATION, CHARGING, TRANSPORTATION, STORAGE, MAINTENANCE, MODIFICATION, AND OPERATION OF A HIGH-RISK PRODUCT INVOLVE INHERENT AND REASONABLY FORESEEABLE RISKS.

Those risks include:

• Loss of balance or control;

• Falls, collisions, rollovers, and impacts;

• High speed, rapid acceleration, torque, and extended stopping distance;

• Failure of brakes, tires, wheels, steering, suspension, electrical systems, or other components;

• Assembly, installation, adjustment, or maintenance errors;

• Terrain, weather, traffic, animals, pedestrians, road defects, obstacles, and other users;

• Limited visibility;

• Unexpected behavior after modification or programming;

• Battery thermal runaway, fire, explosion, toxic smoke, chemical exposure, or electric shock;

• Damage during charging, storage, transportation, or disposal;

• Delayed emergency response;

• Property damage;

• Permanent disability;

• Serious bodily injury; and

• Death.

You knowingly and voluntarily accept all risks inherent in or reasonably related to these activities, including risks that may arise from your conduct, another person’s conduct, environmental conditions, misuse, inadequate maintenance, or ordinary negligence to the extent applicable law permits.

This assumption of risk does not include liability that applicable law prohibits Luna from shifting, including liability for a legally cognizable defective Product, gross negligence, reckless or willful misconduct, fraud, or a nonwaivable statutory violation.

16. Release and Waiver of Certain Claims

16.1 Released Parties

For this section, “Released Parties” means Luna Cycles LLC and its affiliated entities, owners, officers, directors, employees, agents, contractors, service providers, successors, and assigns.

16.2 Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ESTATE, PERSONAL REPRESENTATIVES, AND ASSIGNS, RELEASE THE RELEASED PARTIES FROM CLAIMS FOR BODILY INJURY, DEATH, PROPERTY DAMAGE, OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO YOUR OR YOUR AUTHORIZED USER’S:

• ASSEMBLY OR INSTALLATION OF A HIGH-RISK PRODUCT;

• OPERATION OR USE OF A HIGH-RISK PRODUCT;

• FAILURE TO INSPECT OR MAINTAIN A HIGH-RISK PRODUCT;

• MODIFICATION OR COMBINATION OF PRODUCTS;

• CHARGING, STORAGE, TRANSPORTATION, OR DISPOSAL OF A BATTERY;

• USE IN A PROHIBITED, UNLAWFUL, OR UNREASONABLY DANGEROUS MANNER; OR

• DISREGARD OF A MANUAL, WARNING, RECALL, OR STOP-USE INSTRUCTION.

TO THE EXTENT PERMITTED BY LAW, THIS RELEASE INCLUDES CLAIMS ALLEGING ORDINARY NEGLIGENCE BY A RELEASED PARTY THAT RELATE TO THE RISKS INHERENT IN OR REASONABLY ASSOCIATED WITH THOSE ACTIVITIES.

16.3 Claims Not Released

This section does not release or waive:

• Strict product-liability claims based on a legally cognizable defective Product;

• Claims based on legally inadequate product warnings that cannot be waived;

• Gross negligence;

• Reckless or willful misconduct;

• Fraud or intentional concealment;

• Breach of an applicable express or implied warranty;

• Violation of a statutory duty designed to protect public safety when waiver is prohibited;

• A claim under a consumer-protection law that cannot be waived; or

• Any other liability that applicable law prohibits Luna from limiting or releasing.

This release is intended to be enforced only to the maximum lawful extent. It must not be interpreted to eliminate a nonwaivable legal duty.

17. Other Riders, Gifts, Transfers, and Minors

Purchasing a Product for another person does not automatically bind that person to these Terms.

However, as a contractual obligation of your purchase, you agree that before permitting another person to possess or operate a High-Risk Product, you will:

• Provide the person with the manual and all safety warnings;

• Explain the Product’s classification and operating restrictions;

• Confirm that the person is legally eligible and physically capable;

• Require appropriate protective equipment;

• Inform the person of the material risks described in these Terms;

• Obtain any separate assent required by Luna or law; and

• Disclose known damage, modification, recall, or unresolved safety issues.

You must not permit a minor to operate a Product unless:

• The Product is specifically appropriate for the minor’s age and size;

• The operation is lawful;

• A parent or legal guardian has knowingly authorized it;

• The minor has received appropriate training;

• Close adult supervision is provided; and

• All manufacturer restrictions and protective-equipment requirements are followed.

You must not give, lend, rent, sell, or otherwise provide a High-Risk Product to someone whom you know or reasonably should know is unqualified, impaired, legally prohibited, or likely to use it dangerously or unlawfully.

When transferring a Product, you must also transfer manuals, chargers, keys, safety information, warranty information, and recall notices.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from third-party claims, government penalties, losses, liabilities, damages, judgments, and reasonable legal fees to the extent caused by:

• Your material breach of these Terms;

• Your fraudulent or unlawful conduct;

• Your unauthorized or unsafe use, assembly, repair, modification, charging, storage, transportation, or resale of a Product;

• Your violation of another person’s rights;

• Your failure to provide required warnings or instructions to a person to whom you supplied a Product;

• Your permitting an unauthorized or legally ineligible person to operate a Product;

• Your User Content; or

• Your false warranty, return, payment, freight, or delivery claim.

You have no duty to indemnify a Released Party to the extent a claim was caused by that party’s gross negligence, willful misconduct, fraud, legally cognizable defective Product, or other liability that cannot lawfully be shifted to you.

Luna may control the defense of an indemnified claim using counsel of its choosing. You may participate with your own counsel at your expense.

You may not settle a claim in a manner that imposes liability, an admission, or a nonmonetary obligation on Luna without Luna’s written consent.

19. Product Warranties

19.1 Product-Specific Limited Warranty

Warranty coverage is not identical for every Product. The warranty identified on the Product page, warranty page, packaging, manual, invoice, or other pre-sale disclosure controls.

Unless expressly designated as a “Full Warranty,” a written warranty provided by Luna is a “Limited Warranty.”

A Product manufactured by a third party may be covered by:

• A Luna Limited Warranty;

• A manufacturer warranty;

• Both;

• An optional service contract; or

• No written warranty from Luna, as disclosed before purchase.

A manufacturer warranty does not make Luna responsible for obligations undertaken solely by the manufacturer, except to the extent applicable law imposes responsibility on Luna.

19.2 Pre-Sale Availability

Luna will make the applicable written warranty available before purchase as required by law.

You should review the Product’s warranty coverage, exclusions, duration, remedy, and claim procedure before ordering.

19.3 Implied Warranties

FOR A CONSUMER PRODUCT FOR WHICH LUNA PROVIDES A WRITTEN LIMITED WARRANTY, LUNA DOES NOT DISCLAIM IMPLIED WARRANTIES THAT APPLICABLE LAW REQUIRES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF AN IMPLIED WARRANTY MAY BE LIMITED TO THE DURATION OF THE APPLICABLE WRITTEN LIMITED WARRANTY, BUT NEVER TO A PERIOD SHORTER THAN MANDATORY LAW ALLOWS.

For a Product for which Luna provides no written warranty, Luna may disclaim implied warranties only when:

• Applicable law permits the disclaimer;

• The disclaimer is conspicuously disclosed before purchase; and

• The Product is expressly identified as sold “AS IS” or “WITH ALL FAULTS.”

Some jurisdictions do not permit the exclusion or limitation of implied warranties. In those jurisdictions, the applicable implied warranties remain in effect to the extent required by law.

19.4 Typical Exclusions

Subject to the actual Product-Specific Terms and applicable law, warranty coverage ordinarily does not include:

• Normal wear;

• Routine adjustments and maintenance;

• Consumables;

• Cosmetic variation not affecting function;

• Crash, collision, impact, racing, stunt, abuse, neglect, or misuse damage;

• Corrosion, contamination, improper cleaning, or water damage;

• Commercial, rental, competition, or delivery use not expressly covered;

• Improper assembly, installation, repair, charging, or storage;

• Operation outside stated temperature, load, terrain, voltage, or current limits;

• Continued use after a warning sign, fault, crash, recall, or stop-use instruction;

• Unauthorized firmware or electrical modification;

• Removed, altered, or unreadable serial numbers when the alteration materially prevents verification;

• Damage caused by an incompatible third-party part, charger, battery, accessory, or service; or

• Damage unrelated to a covered defect.

Use of a third-party part, independent service provider, or alteration of a Factory Speed/Power Limiter does not, standing alone, void or terminate lawful warranty coverage.

Coverage may be denied for a particular condition to the extent the applicable Product-Specific Limited Warranty and applicable law permit exclusion of that condition.

19.5 Warranty Remedies

The applicable Limited Warranty will state available remedies, which may include diagnosis, repair, replacement parts, replacement with an equivalent Product, or refund.

A replacement part may be new, refurbished, or functionally equivalent when the applicable warranty and law permit.

No Luna employee or contractor has unilateral authority to declare that Luna’s decision is final and binding concerning all legal rights.

Nothing in a warranty claim procedure prevents you from exercising a nonwaivable legal remedy.

19.6 State Rights

A written warranty gives you specific legal rights. You may also have other rights that vary by jurisdiction.

20. Site and Service Disclaimers

Except for applicable Product warranties and nonwaivable obligations, the Site and online services are provided on an “AS AVAILABLE” basis.

To the fullest extent permitted by law, Luna does not warrant that:

• The Site will always be uninterrupted, error-free, secure, or current;

• Every historical article, archived listing, forum statement, or third-party link remains accurate;

• The Site will be compatible with every device or browser;

• A Product is suitable for a purpose that Luna did not expressly confirm in writing; or

• Site information replaces professional mechanical, electrical, medical, legal, insurance, or safety advice.

These Site disclaimers do not override a Product-Specific Limited Warranty or lawful rights concerning defective or nonconforming goods.

21. Limitation of Liability

21.1 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, LUNA AND THE OTHER RELEASED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF USE, OR SUBSTITUTE-TRANSPORTATION COSTS, ARISING FROM THE SITE, A PRODUCT, AN ORDER, OR SUPPORT SERVICES.

This exclusion applies regardless of the legal theory and even when the possibility of such damages was disclosed, except where applicable law prohibits the exclusion.

21.2 Liability Cap for Economic Claims

For a claim relating to a particular Product that does not involve liability excluded from the cap under Section 21.3, the aggregate liability of Luna and the Released Parties will not exceed the amount you actually paid Luna for the specific Product giving rise to the claim.

For a claim based solely on use of the Site and unrelated to a Product purchase, aggregate liability will not exceed the greater of:

• The amount you paid Luna for Site services during the six months preceding the event; or

• One hundred dollars.

21.3 Exclusions From Limitation

Nothing in these Terms excludes or limits liability for:

• Death or bodily injury caused by a legally cognizable defective Product where liability cannot be limited;

• Strict product liability that cannot be disclaimed;

• Gross negligence;

• Reckless or willful misconduct;

• Fraud;

• A legally protected warranty remedy that cannot be limited;

• A nonwaivable consumer-protection claim;

• Luna’s obligation to issue a legally required refund; or

• Any other liability that applicable law prohibits Luna from limiting.

When a jurisdiction does not permit a particular exclusion or cap, the provision applies only to the maximum extent permitted there.

22. Customer Support and Diagnostic Cooperation

When requesting technical, return, or warranty assistance, you agree to provide reasonably requested information, which may include:

• Proof of purchase;

• Product and component serial numbers;

• Current mileage or usage;

• Error codes;

• Configuration and modification information;

• Photographs or video;

• Battery, controller, charger, or diagnostic readings;

• Maintenance and incident history; and

• A clear description of the issue.

You must not falsify data, conceal a modification or crash, erase relevant fault information, or submit media depicting a different Product.

Luna may provide remote troubleshooting instructions. Do not perform a procedure beyond your ability or continue operating a Product that may be unsafe.

Tell Luna when you cannot safely complete a requested inspection or installation.

Luna may offer a replacement-part remedy when allowed by the applicable warranty. If safe installation requires professional skill, you are responsible for informing Luna before proceeding so the parties can determine the appropriate lawful remedy.

Failure to reasonably cooperate may delay or prevent diagnosis, but it does not extinguish a right that cannot lawfully be conditioned on that cooperation.

23. Intellectual Property

The Site and its content—including text, graphics, photographs, video, software, logos, Product names, designs, manuals, and compilations—are owned by Luna or its licensors and protected by intellectual-property laws.

Luna grants you a limited, revocable, nonexclusive, nontransferable license to access the Site for lawful personal or internal business purchasing purposes.

You may not, without written authorization:

• Reproduce or republish substantial Site content;

• Remove proprietary notices;

• Use Luna trademarks in a domain, business name, advertisement, or Product listing in a manner likely to cause confusion;

• Create counterfeit or misleading Luna materials;

• Sell Site content;

• Frame or mirror the Site;

• Use Site content to train or build a competing commercial database or model; or

• Imply sponsorship, authorization, or affiliation that does not exist.

Nothing transfers ownership of Luna intellectual property to you.

24. Reviews, Photographs, and Other User Content

“User Content” means a review, comment, photograph, video, testimonial, question, suggestion, or other material you voluntarily submit to Luna for publication or promotional use.

You retain ownership of your User Content. By submitting it, you grant Luna a worldwide, nonexclusive, royalty-free, sublicensable license to host, reproduce, format, publish, display, distribute, and use it in connection with Luna’s business, subject to applicable privacy and publicity laws.

You represent that:

• You own or have permission to submit the content;

• It is not knowingly false or misleading;

• It does not infringe another person’s rights;

• It does not disclose another person’s private information unlawfully; and

• It does not contain malicious code.

Luna may moderate or remove User Content for fraud, illegality, harassment, irrelevance, privacy concerns, intellectual-property violations, or safety misinformation.

Nothing in these Terms prohibits an honest review, a legally protected disclosure, a warranty complaint, communication with an attorney, or a report to a government agency.

25. Privacy and Third-Party Services

Luna’s Privacy Policy governs Luna’s collection and handling of personal information.

The Site may use third-party services for payments, financing, fraud prevention, shipping, analytics, communications, warranties, applications, and account functions. Those providers may impose separate terms and privacy policies.

Luna is not responsible for an unaffiliated provider’s independent acts, omissions, lending decisions, data practices, or service availability, except to the extent Luna is legally responsible.

Links to third-party sites do not necessarily constitute endorsement.

26. Export Controls, Sanctions, and Diversion

You may not purchase, export, reexport, transfer, or use a Product in violation of applicable export-control, sanctions, customs, anti-boycott, or import laws.

You represent that:

• You are not acting for a prohibited person or destination;

• You will not divert a Product to a prohibited destination or use;

• Information supplied concerning the end user, destination, and purpose is accurate; and

• You will obtain required licenses and approvals.

Luna may hold, reject, or cancel an order reasonably believed to create a legal-compliance risk.

A retail sale does not grant dealership, distribution, territorial, trademark, or resale rights.

27. Events Beyond Reasonable Control

Luna is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, severe weather, epidemic, war, terrorism, civil disorder, labor disruption, carrier interruption, utility failure, cyberattack, component shortage, factory disruption, transportation restriction, government action, embargo, or hazardous-material restriction.

This section does not eliminate a legally required refund, cancellation right, or obligation to provide an applicable delay notice.

28. Dispute Resolution, Binding Arbitration, and Class-Action Waiver

28.1 Agreement to Arbitrate

EXCEPT FOR THE CLAIMS EXPRESSLY EXCLUDED BELOW, YOU AND LUNA AGREE THAT ANY DISPUTE WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

“Dispute” means any claim or controversy arising from or relating to:

• The Site;

• An account;

• Advertising or marketing;

• An order or attempted order;

• A Product;

• Product classification or legality;

• Shipping, delivery, return, refund, support, or warranty service;

• These Terms or Product-Specific Terms;

• Privacy or communications;

• A statement or omission made before purchase; or

• The relationship between you and Luna.

A Dispute includes claims based on contract, warranty, statute, regulation, tort, fraud, misrepresentation, negligence, strict liability, or any other legal or equitable theory, except where applicable law prohibits arbitration.

The Federal Arbitration Act governs this arbitration agreement.

28.2 Informal Notice of Dispute

Before commencing arbitration, the complaining party must send an individualized written Notice of Dispute.

A notice to Luna must be sent to support@lunacycle.com with the subject line:

LEGAL NOTICE — DISPUTE

The notice must include:

• The customer’s full name;

• Account email;

• Order number, when applicable;

• Contact information;

• A description of the facts;

• The legal or contractual basis of the claim, if known;

• The requested relief; and

• The customer’s personally written or electronically signed certification that the information is accurate.

Luna’s notice to you will be sent to the most recent email or mailing address associated with your account or order.

The parties will attempt in good faith to resolve the Dispute for 30 days after receipt. Applicable filing periods are tolled during that 30-day period to the extent permitted by law.

The notice requirement is intended to provide a genuine opportunity for individualized resolution. It does not require either party to disclose privileged information or make an unreasonable settlement demand.

28.3 Exceptions

Either party may:

• Bring an eligible individualized action in small-claims court;

• Seek temporary emergency relief necessary to prevent immediate and irreparable injury while arbitration is being initiated;

• Report a matter to a government or law-enforcement agency;

• Cooperate with a government investigation;

• Seek relief concerning infringement or misuse of intellectual property; or

• Pursue a claim that applicable law expressly prohibits from being arbitrated.

A small-claims action must remain individual and within that court’s jurisdiction.

28.4 Arbitration Administrator and Rules

For a transaction primarily involving personal, family, or household use, arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and Mediation Procedures.

For a transaction primarily for resale, fleet, rental, commercial, or business use, arbitration will be administered under the AAA Commercial Arbitration Rules unless applicable law requires otherwise.

The AAA Mass Arbitration Supplementary Rules will apply when their requirements are met.

The applicable AAA rules are incorporated into this section. When these Terms conflict with a mandatory consumer-protection provision in the AAA rules or applicable law, the provision more protective of the consumer controls.

28.5 Arbitration Procedure

Arbitration will be conducted by one neutral arbitrator.

For a consumer Dispute:

• Any hearing will occur remotely, by documents, or in the county where you reside, unless the parties agree otherwise;

• You will pay no more than the consumer filing amount required under the applicable AAA schedule;

• Luna will pay the administrative and arbitrator fees that AAA rules or applicable law require Luna to pay; and

• Luna will not seek its arbitration fees or attorney fees from you unless a statute or the arbitrator determines that your claim was frivolous or brought for an improper purpose under the applicable legal standard.

The arbitrator may award any individualized remedy available in court, including damages, statutory relief, attorney fees, and injunctive or declaratory relief when authorized by law.

The arbitrator will issue a reasoned written decision when requested by either party. Judgment on an award may be entered in a court of competent jurisdiction.

28.6 Questions of Arbitrability

Except as stated below, the arbitrator will decide disputes concerning the interpretation, scope, applicability, or enforceability of this arbitration agreement.

A court will decide:

• Whether an agreement was formed;

• Whether the class-action waiver is enforceable;

• Whether a claim seeks public injunctive relief that cannot lawfully be arbitrated or waived; and

• Whether a party validly opted out.

28.7 Individual Proceedings and Class-Action Waiver

YOU AND LUNA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT APPLICABLE LAW MAKES A PARTICULAR FORM OF REPRESENTATIVE RELIEF NONWAIVABLE.

The arbitrator may not combine claims of different persons or preside over a class or representative proceeding unless both parties expressly agree in writing or the applicable AAA Mass Arbitration Supplementary Rules require coordinated administration without creating class arbitration.

A remedy may benefit only the individual party seeking relief, except for public injunctive relief that applicable law does not permit the parties to waive.

28.8 Public Injunctive Relief

Nothing in these Terms waives a right to seek public injunctive relief when applicable law makes that right nonwaivable.

If a court determines that a qualifying claim for public injunctive relief cannot be arbitrated, that claim alone will proceed in court.

To the extent permitted by law, court proceedings concerning that relief will be stayed until the arbitrator resolves the arbitrable individual claims.

28.9 Thirty-Day Right to Opt Out

You may opt out of this arbitration agreement without affecting your purchase or other rights.

To opt out, email support@lunacycle.com within 30 calendar days after the first date you accept this arbitration agreement. Use the subject line:

ARBITRATION OPT-OUT

Include:

• Your full name;

• Account email;

• Order number, if applicable;

• Mailing address;

• A clear statement that you opt out of Luna Cycles’s arbitration agreement; and

• Your typed or electronic signature.

An opt-out applies only to the person who submitted it. Luna will not retaliate or alter the price of an accepted order because of a timely opt-out.

An arbitration opt-out from an earlier version remains effective unless you later expressly agree to a new arbitration agreement after being clearly informed that doing so will replace the prior opt-out.

28.10 If AAA Is Unavailable

If AAA cannot or will not administer a Dispute consistent with these Terms and applicable law, the parties will attempt to select another nationally recognized arbitration provider that follows materially similar consumer due-process standards.

If the parties cannot agree, a court of competent jurisdiction may appoint an arbitrator under the Federal Arbitration Act.

Luna will not require arbitration before an administrator that refuses to administer the matter because Luna failed to comply with that administrator’s consumer-clause requirements or failed to timely pay fees Luna was required to pay.

28.11 Contractual Limitation for Certain Sales Claims

To the fullest extent permitted by applicable law, a claim based solely on breach of a contract for sale must be commenced within one year after the claim accrued.

This subsection does not shorten a limitations period when prohibited and does not apply to:

• Personal injury or wrongful death;

• Strict product liability;

• Fraud or willful misconduct;

• A statutory claim whose period cannot be shortened;

• A written or implied warranty claim when shortening is prohibited; or

• A claim based on a right that applicable law makes nonwaivable.

28.12 Severability of Arbitration Terms

If a provision of this section is unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will remain effective.

If the class-action waiver is finally determined unenforceable as to a particular class or representative claim, that claim will proceed in court rather than class arbitration, while enforceable individual claims remain subject to arbitration.

This section survives payment, delivery, cancellation, return, account closure, termination, and bankruptcy to the extent permitted by law.

29. Governing Law, Court Jurisdiction, and Venue

29.1 Governing Law

The Federal Arbitration Act governs Section 28 and any proceeding concerning the enforcement of the arbitration agreement.

For matters not governed by federal law, these Terms are governed by California law, without applying a conflict-of-law rule that would select another jurisdiction’s law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

A consumer retains any protection of the law of the consumer’s home jurisdiction that applicable law does not permit the parties to displace by contract.

29.2 Court Proceedings Generally

Except for:

• Disputes required to be resolved through arbitration under Section 28;

• Eligible individualized small-claims actions;

• Proceedings to confirm, enforce, vacate, or modify an arbitration award where applicable law authorizes another forum;

• Temporary emergency proceedings for which another forum is legally necessary to provide effective relief; and

• Any jurisdiction or venue right that applicable law does not permit the parties to waive,

any action or proceeding permitted to be brought in court shall be brought exclusively in:

• The Superior Court of California, County of Los Angeles; or

• When federal subject-matter jurisdiction exists, the United States District Court for the Central District of California, Western Division.

Each party consents to the personal jurisdiction of those courts and, to the extent permitted by law, waives objections based on lack of personal jurisdiction, improper venue, or inconvenient forum.

This section does not authorize a court to hear a Dispute that must be submitted to arbitration under Section 28.

29.3 Consumer Venue Rights

For a transaction involving goods or services intended primarily for personal, family, or household use, this section does not require a consumer to litigate in Los Angeles County when applicable law gives the consumer a venue right that cannot lawfully be waived.

Without limiting the preceding sentence, this section does not waive any applicable right to bring or defend a California consumer action in a county where:

• The buyer in fact signed or accepted the agreement;

• The buyer resided when the agreement was entered into; or

• The buyer resides when the action begins,

when applicable law makes that venue right nonwaivable.

The preservation of a consumer’s nonwaivable venue rights does not eliminate or modify the arbitration agreement in Section 28.

29.4 Commercial, Dealer, Fleet, Rental, and Resale Transactions

For a purchase or transaction primarily for commercial, dealer, fleet, rental, distribution, resale, or other business purposes, the parties agree, to the fullest extent permitted by law, that the exclusive venue for any court proceeding permitted under these Terms shall be:

• The Superior Court of California, County of Los Angeles; or

• When federal subject-matter jurisdiction exists, the United States District Court for the Central District of California, Western Division.

Each commercial party knowingly and voluntarily consents to the personal jurisdiction of those courts and waives objections based on improper venue or inconvenient forum to the fullest extent permitted by law.

29.5 Small Claims and Arbitration-Related Proceedings

An eligible individual small-claims action may be filed in any small-claims court that has lawful jurisdiction and proper venue.

An action to confirm, enforce, vacate, or modify an arbitration award may be brought in a court authorized by the Federal Arbitration Act or other applicable law.

30. Changes, Suspension, and Termination

30.1 Changes to Terms

The version accepted at checkout governs that order unless the parties agree otherwise or a change is legally required.

Luna may update these Terms prospectively. Material changes will be posted with a new effective date and, when required, additional notice or renewed consent.

A change to arbitration terms will not apply retroactively to a Dispute for which Luna received a valid Notice of Dispute before the change’s effective date.

30.2 Site Access

Luna may modify or discontinue Site features and may suspend access for security, fraud, legal, or operational reasons.

Discontinuing a Site feature does not eliminate an accepted order, applicable warranty, or legal obligation.

31. General Provisions

31.1 Entire Agreement

These Terms and incorporated Product-Specific Terms constitute the agreement concerning their subject matter and replace prior discussions or statements concerning that subject, except for a signed written agreement.

31.2 Severability

Except as specifically provided in Section 28, an unenforceable provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain effective.

31.3 No Waiver

A delay or failure to enforce a provision is not a waiver.

A waiver must be in writing and applies only to the specific circumstance stated.

31.4 Assignment

You may not assign these Terms or transfer contractual rights without Luna’s written consent, except where applicable law provides otherwise.

Luna may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the applicable business, provided the assignment does not eliminate nonwaivable rights.

31.5 No Third-Party Beneficiaries

Except for Released Parties expressly protected by these Terms, the agreement creates no third-party beneficiary rights.

31.6 Headings and Interpretation

Headings are for convenience.

“Including” means “including without limitation.”

A singular term includes the plural when context requires.

These Terms will not be interpreted against either party merely because one party prepared them.

31.7 Survival

Provisions that by their nature should continue after the transaction—including risk allocation, release, indemnification, warranty limitations, intellectual property, liability limitations, dispute resolution, and governing law—survive termination or completion of an order.

32. Contact and Final Acknowledgment

Questions concerning these Terms may be sent to:

Luna Cycles LLC
Email: support@lunacycle.com

Using that email address for an ordinary customer-service request does not constitute formal service of legal process.

By affirmatively accepting these Terms and submitting an order, you acknowledge that:

1. You have read and agree to these Terms;

2. You are at least 18 years old and legally authorized to place the order;

3. You reviewed the Product description, applicable warranty, Return Policy, and safety disclosures;

4. You understand that some Products are not street legal;

5. For a High-Risk Product, you understand the risks of serious injury, death, fire, and property damage described in Sections 12 through 17;

6. You accept the assumption-of-risk and release provisions to the extent permitted by law;

7. You agree to the arbitration and class-action provisions in Section 28 unless you timely opt out; and

8. If you are purchasing a Factory-Limited Vehicle, you understand that the Vehicle is sold for off-road use only, is delivered in a factory configuration intended to limit powered speed to approximately the speed stated in the Product listing, which may be approximately 20 miles per hour, and is not represented by Luna as street legal. You understand that changing the factory speed or power configuration may affect the Vehicle’s handling, safety, operating risks, and legal classification.