Sunshine Terms of Service
Last Updated: March 25, 2024
This is the Terms of Service for Sunshine, which is the legal agreement (“Agreement” or “TOS” or “Terms”) that governs the relationship between you and Sunshine Products (“Sunshine” “us” or “we”) when you use Sunshine’s mobile apps (each, an “App”) or our websites, and the services made available by our Apps and websites (collectively, the “Sunshine Services” or “Services”). By accessing our Services, downloading our App, completing the account registration process or checking “I accept” or similar button/box, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use our Services.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sunshine and you regarding the Sunshine Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you. THIS AGREEMENT CONTAIN AN ARBITRATION REQUIREMENT, WHICH REQUIRES THAT YOU AND SUNSHINE ARBITRATE CERTAIN DISPUTES YOU MAY HAVE BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT AS PROVIDED IN SUCH AGREEMENT TO ARBITRATE (SEE BELOW“AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER”).
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SUNSHINE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SUNSHINE’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICE TERM IN ACCORDANCE WITH SECTION TITLED “AUTOMATIC RENEWAL” BELOW.
The materials contained in the Sunshine Services are protected by applicable copyright and trademark law.
Creating an Account:
To use the Services you must create an account associated with your device and provide your name and phone number. You agree to use the same name that you use in everyday life and provide accurate information about yourself or your account may be terminated. Additionally, you are responsible for keeping your device secure and are fully responsible for all use of your account and for any actions that take place using your account.
Your Use of the Service:
Subject to your compliance with this Agreement, Sunshine grants you a limited nonexclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
This is the grant of a license, not a transfer of title, and Sunshine will retain sole and exclusive ownership of, and with respect to, the Services, including its Apps. You may not: modify or copy the Services; use the Services for any commercial purpose, or for any public display (commercial or non-commercial), including but not limited to: accessing, retrieving or indexing the Services for purposes of constructing or populating a searchable database of contact or business information; recording, processing, or mining information about other users; or using any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any content; attempt to decompile or reverse engineer any software contained in the App; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. All licenses granted herein to you shall automatically terminate if you violate any of these restrictions and may be terminated by Sunshine at any time for these reasons or for any other reason at the discretion of Sunshine. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Your Content:
To create and use your account, you may choose to provide us with information, or access to information, such as email, notes, files, reminders, calendar, phone, messaging, contacts, photos, social media and other content (collectively, “your content”). You own your content and may request deletion of your content at any time, unless you have shared your content with others and they have not deleted it, or it was copied or stored by other users while displayed by you to others through the Services, as further described in our Privacy Policy. In order to host your information within the Service and provide the associated benefits of using the Service, you grant us and our service providers a nonexclusive, worldwide, transferrable right to copy, modify and use your content to provide the Services subject to our Privacy Policy. You represent and warrant that you have the right to provide us with your content and to permit us to use and disclose your content within the parameters authorized by these Terms or our Privacy Policy.
You are responsible for maintaining and protecting a separate permanent record of all of your content. Sunshine will not be liable for any loss or corruption of your content, or for backing up or restoring any of your content.
Payment:
You shall pay all fees or charges (“Fees”) to your account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providingSunshine and/or our Third-Party Service Provider with your payment information, you agree that Sunshine and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all Fees due and payable to Sunshine hereunder and that no additional notice or consent is required. You shall immediately notify Sunshine of any change in your payment information to maintain its completeness and accuracy. Sunshine reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Sunshine and/or our Third-Party Service Provider or our inability to collect payment constitutes your material breach of this Agreement. Except as set forth in this Agreement, all Fees for the Service are non-refundable.
a) Third-Party Service Provider. Sunshine uses [Stripe, Inc. and its affiliates] as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”). If you make a purchase on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to our ThirdParty Service Provider. [You agree to be bound by [Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa)] and hereby consent and authorize Sunshine and [Stripe] to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions.] Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
b) Subscriptions. If you purchase access to certain features and functionality of the Services on a time-limited basis (a “Subscription”), the Fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and at regular intervals in accordance with your elections at the time of purchase. Sunshine reserves the right to change the timing of our billing. Sunshine reserves the right to change the Subscription pricing at any time in accordance with the Section titled “Modifications” below. If changes to the Subscription price occur that impact your Subscription, Sunshine will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your account. If you do not agree with such changes, you may cancel your Subscription as set forth in Sections titled “Cancelling Subscriptions Purchased via Sunshine” or “Cancelling Subscriptions Purchased via a Third-Party Application Store”. Sunshine is not obligated to provide the Service to you until Sunshine accepts your order by a confirmatory email or other appropriate means of communication.
1. Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Sunshine’s thencurrent price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time at you sign up for the Subscription and may be modified by you via your account settings. By subscribing, you authorize Sunshine to charge the payment method designated in your account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Sunshine does not receive payment, (i) you shall pay all amounts due on your account upon demand and/or (ii) you agree that Sunshine may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
(i) Cancelling Subscriptions Purchased via a Third-Party Application Store. If you wish to cancel, change, or terminate a Subscription that you purchased from a third-party application store, you must do so prior to the Renewal Commencement Date via such thirdparty application store.
(ii) Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your thencurrent term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the thencurrent Subscription period.
Third-Party Application Access:
With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
a) You acknowledge and agree that (i) this Agreement is concluded between you and Sunshine only, and not Apple, and (ii) Sunshine, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Sunshine and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sunshine.
d) You and Sunshine acknowledge that, as between Sunshine and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e) You and Sunshine acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Sunshine and Apple, Sunshine, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
f) You and Sunshine acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Disclaimer:
THE SERVICES, INCLUDING THE APP, ARE PROVIDED ON AN ‘AS IS’ BASIS. SUNSHINE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.FURTHER, SUNSHINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF ANY CONTENT OR MATERIALS ON ITS SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO SUNSHINE. SUNSHINE IS UNDER NO OBLIGATION TO CONTINUE PROVIDING THE SERVICES AND MAY CEASE PROVIDING ALL OR PART OF THE SERVICES TO YOU AT ANY TIME.
Limitations on Liability and Indemnity:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUNSHINE BE LIABLE FOR (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, OR (E) LOSS OF INFORMATION OR DATA REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SUNSHINE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SUNSHINE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SUNSHINE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $10.00.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You agree to indemnify and hold harmless Sunshine, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
Governing Law:
Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Arbitration:
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Sunshine arising out of or relating to these Terms of Service, the Privacy Policy or the Sunshine Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sunshine, you agree to try to resolve the Dispute informally by contacting privacy@sunshine.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Sunshine may bring a formal proceeding.
We Both Agree To Arbitrate: You and Sunshine agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting privacy@sunshine.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Sunshine will pay all arbitration fees for claims less than $75,000. Sunshine will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
No Class Actions: You may only resolve Disputes with Sunshine on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sunshine agree that any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. Both you and Sunshine consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.Sunshine’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sunshine. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
TERM AND TERMINATION:
a) Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
b) Termination of Service by Sunshine. If you have materially breached any provision of this Agreement, or if Sunshine is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), Sunshine has the right to, immediately and without notice, suspend or terminate any Service provided to you. Sunshine reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. In the event we exercise this termination right, we will refund you for any pre-paid portion of your unused Subscription. You agree that all terminations for cause are made in Sunshine’s sole discretion and that Sunshine shall not be liable to you or any third party for any termination of your account.
c) Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying Sunshine at any time and (ii) closing you’re account for the Service. Your notice should be sent, in writing, to Sunshine’s address set forth below. ANY SUCH TERMINATION WILL BE EFFECTIVE AT THE END OF THE THENCURRENT TERM OF ANY AND ALL OF THE SUBSCRIPTIONS AS SET FORTH IN SECTION TITLED “AUTOMATIC RENEWAL” ABOVE, WHICH WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION TITLED “AUTOMATIC RENEWAL” ABOVE.
d) Effect of Termination. Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we may delete your content associated therewith from our live databases. If we terminate your account for cause, we may also bar your further use or access to the Service. Sunshine will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
e) No Subsequent Registration. If this Agreement is terminated for cause by Sunshine or if your Account or ability to access the Service is discontinued by Sunshine due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to reregister with or access the Service through use of a different member name or otherwise.
Links:
Sunshine has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sunshine of the site. Use of any such linked website is at the user’s own risk.
Modifications
When changes are made, Sunshine will make a new copy of this Terms available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Sunshine may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
Contact Us
If you have any questions, please contact us at support@sunshine.com
