Terms and Conditions

1. Introduction and Acceptance of Terms

1.1 Binding Agreement

Welcome to Sunobot ("Sunobot," "we," "our," or "us"). These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and Sunobot, governing your access to and use of:

• The Sunobot website located at sunobot.com (the "Site")
• The Sunobot AI-powered messaging automation platform and services (the "Platform")
• All related applications, tools, features, and services we provide (collectively, the "Service" or "Services")

1.2 Acceptance and Authority

By accessing, browsing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you are using the Services on behalf of a business, organization, or other entity ("Organization"), you represent and warrant that:

• You have the legal authority to bind that Organization to these Terms
• You have read and understood these Terms on behalf of such Organization
• You agree to these Terms on behalf of such Organization
• References to "you" in these Terms will refer to both you as an individual and the Organization

1.3 Age and Capacity Requirements

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. If you are under 18, you may not access or use the Services under any circumstances.

1.4 Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated to you via:

• Email notification to your registered account email address
• Prominent notice on the Platform dashboard
• Notice posted on our website at least 30 days prior to the effective date

Your continued use of the Services after any modifications become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately stop using the Services and notify us of your termination.

2. Service Description

2.1 Platform Overview

Sunobot provides an AI-powered customer service and sales automation platform that enables businesses to automate and enhance customer interactions across multiple messaging channels. Our Platform integrates with various third-party messaging services to deliver:

• Multi-Channel Integration: Connect and manage conversations across WhatsApp, Telegram, Instagram, Facebook Messenger, and other supported messaging platforms
• AI-Powered Automation: Utilize artificial intelligence to generate automated responses, handle customer inquiries, and manage conversations
• Smart Call Receptionist: AI-powered voice automation for incoming and outgoing phone calls with natural language processing
• Analytics and Insights: Track performance metrics, conversation analytics, and customer engagement data
• E-commerce Automation: Automated order processing, cart management, and transaction handling
• Custom Workflows: Build and deploy custom automation flows tailored to your business needs

2.2 Service Availability and Modifications

We strive to provide continuous Service availability. However, we reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time with or without notice
• Impose limits on certain features or restrict access to parts of the Services
• Change pricing, features, or service specifications for future subscriptions
• Perform scheduled maintenance that may temporarily interrupt service availability

We will make commercially reasonable efforts to notify you of material changes or scheduled maintenance in advance. We are not liable for any modifications, suspension, or discontinuation of the Services.

2.3 Third-Party Platform Dependencies

The Services integrate with and depend on third-party messaging platforms (including but not limited to WhatsApp, Telegram, Instagram, and Facebook Messenger). These integrations are subject to:

• The terms of service, policies, and availability of each third-party platform
• Changes, limitations, or restrictions imposed by third-party platforms
• Technical compatibility and API availability from third-party providers

You are solely responsible for complying with the terms of service of all third-party platforms you integrate with our Services. We are not responsible for any changes, interruptions, or discontinuation of third-party platform integrations.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Accept all risks of unauthorized access to your account and information
• Notify us immediately of any unauthorized use of your account or security breach

3.2 Account Security and Credentials

You are responsible for maintaining the confidentiality of your account credentials, including:

• Password Security: Creating a strong, unique password and keeping it confidential
• Access Control: Restricting access to your account and computer/devices
• Authorized Users: Ensuring that only authorized personnel access your account
• Credential Protection: Not sharing, selling, or transferring your account credentials

You acknowledge and agree that you are solely responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination and Suspension

We reserve the right to suspend or terminate your account immediately, with or without notice, if:

• You violate any provision of these Terms
• Your account is used for fraudulent, illegal, or abusive activities
• Your payment method fails or your account becomes past due
• We determine, in our sole discretion, that your use poses a risk to the Services or other users
• We are required to do so by law or legal process

Upon termination, your right to access and use the Services will immediately cease. We may delete your account data in accordance with our data retention policies, and we are not obligated to maintain or provide you with copies of your content after termination.

4. User Content and Data

4.1 Your Content and Responsibilities

"Your Content" means any data, information, text, messages, images, files, or other content you upload, submit, post, or transmit through the Services. You retain all ownership rights to Your Content. However, you are solely responsible for:

• The accuracy, quality, legality, and appropriateness of Your Content
• Ensuring Your Content does not violate any laws, regulations, or third-party rights
• Obtaining all necessary permissions, licenses, and consents for Your Content
• Compliance with messaging platform policies and telecommunications regulations
• All customer interactions, messages, and communications sent through the Platform

4.2 Content License to Sunobot

By uploading or submitting Your Content to the Services, you grant Sunobot a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content solely for the purposes of:

• Providing, maintaining, and improving the Services
• Processing Your Content with AI models to generate automated responses
• Storing and transmitting Your Content through third-party messaging platforms
• Complying with legal obligations and enforcing these Terms

This license continues even after you stop using the Services for Content that has been shared with others and that others have not deleted.

4.3 Prohibited Content

You may not upload, post, or transmit any Content that:

• Is illegal, fraudulent, defamatory, obscene, pornographic, or offensive
• Infringes any intellectual property, privacy, or other rights of third parties
• Contains viruses, malware, or other harmful code
• Impersonates any person or entity or misrepresents your affiliation
• Harasses, abuses, threatens, or incites violence against any individual or group
• Violates any applicable laws, regulations, or third-party platform policies
• Constitutes spam, unsolicited advertising, or bulk messaging without consent

4.4 Content Monitoring and Removal

We reserve the right, but have no obligation, to:

• Monitor, review, or screen any Content uploaded to or transmitted through the Services
• Remove, disable access to, or modify any Content that violates these Terms
• Investigate potential violations and cooperate with law enforcement
• Take any action we deem necessary to protect our rights, the Services, or other users

We do not endorse, support, represent, or guarantee the accuracy, completeness, truthfulness, or reliability of any Content posted through the Services. You use Content at your own risk.

5. Messaging Platform Integration and Compliance

5.1 Third-Party Platform Integration

By using our Services, you acknowledge and accept that Sunobot connects to and processes messages from various third-party messaging platforms including, but not limited to:

• WhatsApp (operated by Meta Platforms, Inc.)
• Telegram
• Instagram (operated by Meta Platforms, Inc.)
• Facebook Messenger (operated by Meta Platforms, Inc.)

You are responsible for:

• Obtaining all necessary permissions and authorizations from these platforms
• Complying with each platform's terms of service, policies, and guidelines
• Ensuring your use of our Services does not violate any platform restrictions
• Maintaining active, authorized access to your accounts on these platforms

5.2 Telecommunications Compliance (TCPA/CASL)

IMPORTANT: If you use our Services to send messages to recipients in the United States or Canada, you are solely responsible for compliance with:

• TCPA (Telephone Consumer Protection Act): Including obtaining prior express written consent before sending marketing messages to U.S. phone numbers
• CASL (Canada's Anti-Spam Legislation): Including obtaining consent and providing unsubscribe mechanisms for messages to Canadian recipients
• Other Regulations: Any other applicable telecommunications, privacy, and anti-spam laws in your jurisdiction and recipients' jurisdictions

You represent and warrant that:

• You have obtained all required consents before sending messages through our Platform
• You maintain proper documentation of all consents obtained
• You provide clear opt-out mechanisms in all marketing communications
• You honor all opt-out requests promptly and maintain do-not-contact lists

We expressly disclaim any liability for your failure to comply with telecommunications regulations. You agree to indemnify and hold us harmless from any claims, damages, or penalties arising from your non-compliance.

5.3 AI Processing and Third-Party Services

You acknowledge and accept that data processed through our Services may be analyzed and processed by third-party artificial intelligence platforms including, but not limited to:

• OpenAI (GPT models)
• Anthropic (Claude models)
• Google Gemini
• Other AI service providers as we may integrate from time to time

While we implement reasonable security measures to protect your data, you understand that these third-party services have their own terms of service, privacy policies, and data processing practices. We recommend reviewing the terms and policies of these services for complete understanding of how your data may be processed. We are not responsible for the data practices of third-party AI providers.

6. Smart Call Receptionist — Usage Policy

6.1 Service Description

Our Smart Call Receptionist feature is an AI-powered voice automation system designed to handle incoming and outgoing phone calls for your business. This feature includes the following usage terms and limits:

6.2 Included Minutes

Each Smart Call Receptionist subscription includes 50 minutes per month of voice call processing time. These minutes can be used for:

• Incoming customer calls handled by the AI receptionist
• Outgoing calls initiated through the AI system
• Interactive voice conversations with natural language processing

6.3 Additional Usage Charges

If your monthly usage exceeds the included 50 minutes, additional minutes will be charged at $0.29 per minute. You will be notified when your limit reaches 90% and after exceeding 100%, these charges will be automatically added to your monthly invoice and are calculated based on actual usage time rounded up to the nearest minute.

6.4 Concurrent Call Limitations

The standard Smart Call Receptionist plan supports one (1) simultaneous call at a time. This means:

• Only one incoming or outgoing call can be processed by the AI system at any given moment
• Additional concurrent calls will be queued or forwarded based on your configured settings
• No call concurrency is available in the base plan

6.5 Enterprise and Custom Plans

If your business requires higher limits—such as additional included minutes, multiple simultaneous calls, or custom voice features—please contact our sales team at sales@sunobot.com. We offer customized enterprise plans with:

• Increased monthly minute allocations (500, 1000, or unlimited minutes)
• Multiple concurrent call support (2, 4, 10+ simultaneous calls)
• Volume discounts for high-usage businesses
• Dedicated support and custom integrations
• Preferential per-minute pricing for larger volumes

6.6 Fair Use Policy

The Smart Call Receptionist feature is intended for legitimate business communication purposes. We reserve the right to suspend or terminate service for accounts that:

• Use the service for spam or unsolicited marketing calls without proper consent
• Engage in fraudulent, illegal, or deceptive activities
• Violate telecommunications regulations, TCPA, CASL, or carrier policies
• Generate excessive usage patterns inconsistent with normal business operations
• Abuse or attempt to circumvent usage limits or billing systems

7. Prohibited Uses

7.1 General Prohibitions

You may not use our Services to:

• Send spam, unsolicited messages, or bulk communications without proper consent
• Harass, abuse, threaten, or intimidate any person or entity
• Violate any applicable laws, regulations, or third-party rights
• Infringe upon intellectual property rights, including copyrights, trademarks, or patents
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to any systems, accounts, or networks
• Engage in any activity that could damage, disable, or impair our Services
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or store personal data about other users without their consent

7.2 Business Conduct Prohibitions

You specifically may not:

• Use the Services for any fraudulent, deceptive, or misleading business practices
• Promote or facilitate illegal products, services, or activities
• Engage in pyramid schemes, multi-level marketing without proper disclosures, or other prohibited business models
• Violate consumer protection laws or engage in unfair competition
• Make false or unsubstantiated claims about products or services
• Engage in price fixing, bid rigging, or other anti-competitive practices

7.3 Technical Prohibitions

You may not:

• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services
• Modify, adapt, or create derivative works based on the Services
• Remove, obscure, or alter any proprietary notices or labels on the Services
• Use automated systems (bots, scripts, scrapers) to access the Services without authorization
• Bypass or circumvent any security features, access controls, or usage limits
• Probe, scan, or test vulnerabilities in the Services or networks
• Overload, flood, or spam the Services with excessive requests

7.4 Enforcement

Violation of any prohibited uses may result in:

• Immediate suspension or termination of your account
• Removal of prohibited content
• Reporting to law enforcement or regulatory authorities
• Legal action to recover damages and enforce these Terms
• Permanent ban from using our Services

8. Billing, Payments, and Subscriptions

8.1 Subscription Plans and Pricing

Access to certain features of the Services requires payment of subscription fees. By subscribing to a paid plan, you agree to:

• Pay all applicable fees for the subscription plan you select
• Provide accurate and current payment information
• Maintain valid payment methods throughout your subscription period
• Pay all applicable taxes, duties, and governmental charges

We reserve the right to change our pricing at any time. Price changes will apply to future subscription renewals only and will be communicated at least 30 days in advance. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

8.2 Billing Cycle and Automatic Renewal

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Unless you cancel your subscription before the renewal date:

• Your subscription will automatically renew for the same period
• You authorize us to charge your payment method for the renewal fee
• Renewal charges will be at the then-current subscription rate
• You will receive a receipt for each billing period via email

8.3 Failed Payments and Account Suspension

If any payment is declined, fails, or is charged back:

• We will attempt to notify you and request alternative payment
• Your account may be suspended or downgraded after 7 days of non-payment
• You remain responsible for all unpaid fees and collection costs
• We may charge reasonable late fees and interest on overdue amounts
• Your account may be terminated if payment is not received within 30 days

8.4 Refund Policy

All subscription fees are non-refundable except as required by law or as explicitly stated in writing. We do not provide refunds or credits for:

• Partial subscription periods if you cancel mid-cycle
• Unused features or services
• Subscription downgrades or plan changes
• Account suspensions or terminations due to Terms violations

If you believe you were incorrectly charged, you must contact us within 30 days of the charge to request a review.

8.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will not be charged for subsequent billing periods
• You will lose access to paid features at the end of the billing period
• No refunds will be issued for the remaining portion of your subscription period

8.6 Usage-Based Charges

Certain features (such as Smart Call Receptionist overage minutes) are subject to usage-based charges beyond included allowances. Usage-based charges:

• Are calculated based on actual usage during the billing period
• Are added to your next monthly invoice
• Are non-refundable once incurred
• May be subject to usage caps or throttling to prevent excessive charges

9. Intellectual Property Rights

9.1 Sunobot Ownership

The Services and all original content, features, functionality, software, code, designs, graphics, interfaces, and other materials (excluding Your Content) are and will remain the exclusive property of Sunobot and its licensors. The Services are protected by:

• Copyright, trademark, patent, trade secret, and other intellectual property laws
• International treaties and conventions
• Proprietary rights and unfair competition laws

Our trademarks, service marks, trade names, and trade dress (collectively "Sunobot Marks") may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by Sunobot that appear in the Services are the property of their respective owners.

9.2 Limited License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for your internal business purposes
• Use any software we provide as part of the Services

This license does not include any right to:

• Resell, redistribute, or sublicense the Services
• Copy, modify, or create derivative works of the Services
• Reverse engineer or attempt to extract source code
• Use the Services for the benefit of any third party
• Remove or obscure any proprietary notices

9.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to:

• Use, reproduce, modify, and commercialize the Feedback
• Incorporate the Feedback into our Services without attribution or compensation
• Disclose and sublicense the Feedback to third parties

9.4 Copyright Infringement Claims

We respect intellectual property rights. If you believe any Content on our Services infringes your copyright, please notify us at legal@sunobot.com with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Services
• Your contact information (address, phone, email)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

10. Warranties and Representations

10.1 Your Representations and Warranties

You represent, warrant, and covenant that:

• You have full power and authority to enter into these Terms
• Your use of the Services does not violate any applicable laws or regulations
• All information you provide to us is accurate, current, and complete
• You own or have obtained all necessary rights, licenses, and permissions for Your Content
• Your Content and use of the Services do not infringe any third-party rights
• You have obtained all required consents for sending messages through our Platform
• You comply with all applicable messaging platform terms and telecommunications regulations
• You will not use the Services for any unlawful, fraudulent, or malicious purposes

10.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNOBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR RESULTS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES

We do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be available at all times or without interruption
• Any errors or defects will be corrected
• The Services are compatible with all devices, software, or platforms
• AI-generated responses will be accurate, appropriate, or effective
• Third-party platform integrations will remain available or functional

10.3 AI-Specific Disclaimers

You acknowledge and agree that:

• AI-generated responses may contain errors, inaccuracies, or inappropriate content
• You are solely responsible for reviewing and approving all automated responses
• We are not liable for any consequences of AI-generated content sent to your customers
• AI models may produce biased, offensive, or harmful outputs despite our best efforts
• You should implement human oversight for critical or sensitive communications

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUNOBOT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM:
  • Your use or inability to use the Services
  • Unauthorized access to or use of our servers or your data
  • Any interruption, suspension, or cessation of the Services
  • Any bugs, viruses, or harmful code transmitted through the Services
  • Any errors, mistakes, or inaccuracies in Content or AI-generated responses
  • Any third-party conduct, content, or services
  • Any loss or damage resulting from Your Content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• $100 USD, OR
• THE TOTAL AMOUNT YOU PAID TO SUNOBOT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY

11.3 Limitations Apply to All Claims

These limitations apply to all claims, whether based on warranty, contract, tort, strict liability, or any other legal theory, even if:

• We have been advised of the possibility of such damages
• A remedy set forth herein is found to have failed of its essential purpose
• The damages were foreseeable or should have been foreseen

11.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

12. Indemnification

12.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Sunobot and its subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers (collectively, "Sunobot Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws or regulations
• Your Content, including any claims that Your Content infringes third-party rights
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Your violation of messaging platform terms or telecommunications regulations (including TCPA/CASL)
• Any automated messages or communications sent through the Platform to your customers
• Any fraud, negligence, or willful misconduct by you or your employees/agents
• Any third-party claims arising from your customer interactions

12.2 Indemnification Procedures

We will notify you promptly of any claim subject to indemnification. You agree to:

• Assume control of the defense and settlement of the claim at your expense
• Not settle any claim without our prior written consent (not to be unreasonably withheld)
• Reimburse us for reasonable attorneys' fees and costs incurred in enforcing this indemnification

We reserve the right, at our own expense, to participate in the defense of any matter subject to indemnification by you. Your indemnification obligations will survive termination of these Terms.

12.3 Telecommunications Indemnification

You specifically agree to indemnify Sunobot Parties against any claims, fines, penalties, or damages arising from:

• TCPA (Telephone Consumer Protection Act) violations
• CASL (Canada's Anti-Spam Legislation) violations
• GDPR or other privacy regulation violations
• Messaging platform policy violations
• Failure to obtain required consents for communications
• Failure to honor opt-out requests

13. Confidentiality

13.1 Confidential Information

"Confidential Information" means any non-public information disclosed by one party ("Discloser") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes:

• Business plans, strategies, and financial information
• Technical data, source code, and algorithms
• Customer lists and user data
• Trade secrets and proprietary processes
• The terms and pricing of these Terms

13.2 Obligations

The Recipient agrees to:

• Maintain the confidentiality of Confidential Information using at least the same degree of care as for its own confidential information (but no less than reasonable care)
• Not disclose Confidential Information to third parties without prior written consent
• Use Confidential Information only for purposes of performing under these Terms
• Limit access to Confidential Information to employees or contractors with a legitimate need to know

13.3 Exceptions

Confidential Information does not include information that:

• Was publicly known at the time of disclosure or becomes publicly known through no breach of this Agreement
• Was rightfully known to Recipient before disclosure
• Is rightfully disclosed to Recipient by a third party without confidentiality restrictions
• Is independently developed by Recipient without use of Confidential Information

13.4 Compelled Disclosure

If Recipient is compelled by law or court order to disclose Confidential Information, Recipient will:

• Provide Discloser with prompt notice of such requirement
• Cooperate with Discloser's efforts to seek protective measures
• Disclose only the minimum information required

14. Data Privacy and Security

14.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

14.2 Data Security

We implement commercially reasonable technical and organizational measures to protect your data against unauthorized access, loss, destruction, or alteration. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

14.3 Data Processing Agreement

If you process personal data of individuals located in the European Economic Area (EEA), United Kingdom, or other jurisdictions with data protection laws, we will enter into a Data Processing Agreement (DPA) upon request to comply with applicable regulations including GDPR.

14.4 Data Retention and Deletion

We retain your data for as long as your account is active or as needed to provide Services. Upon account termination or upon your request, we will delete or anonymize your data in accordance with our data retention policy and applicable law, except where retention is required for legal, regulatory, or legitimate business purposes.

15. Third-Party Services and Links

15.1 Third-Party Integrations

The Services integrate with third-party platforms and services. Your use of these third-party services is subject to:

• The applicable third party's terms of service and privacy policies
• Any agreements you enter into directly with the third party
• The third party's data practices and security measures

We are not responsible for and do not endorse any third-party services, their terms, their data practices, or their availability.

15.2 Third-Party Links

The Services may contain links to third-party websites or resources. We provide these links for convenience only. We do not:

• Control, endorse, or take responsibility for third-party content
• Make any representations regarding third-party websites
• Warrant the accuracy, completeness, or usefulness of third-party information

Your access and use of third-party websites is at your own risk. We are not liable for any damages arising from your use of third-party websites or resources.

15.3 No Agency Relationship

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchising relationship between you and Sunobot or between you and any third-party service provider. You have no authority to bind Sunobot or any third party.

16. Termination

16.1 Termination by You

You may terminate your account and these Terms at any time by:

• Canceling your subscription through your account settings
• Contacting our support team at support@sunobot.com

Upon termination by you:

• Your subscription will remain active until the end of your current billing period
• You will not be refunded for any remaining portion of your subscription
• You will lose access to the Services at the end of the billing period

16.2 Termination by Sunobot

We reserve the right to suspend or terminate your account and access to the Services immediately, with or without notice, for any reason including:

• Violation of these Terms or any applicable laws
• Fraudulent, abusive, or illegal use of the Services
• Non-payment of fees or chargebacks
• Prolonged inactivity (more than 12 months)
• Suspected security breach or unauthorized access
• Risk to the Services, other users, or third parties
• Requirement by law or legal process
• Discontinuation of the Services

16.3 Effects of Termination

Upon termination of your account by either party:

• Your right to access and use the Services immediately ceases
• You remain liable for all fees and charges incurred before termination
• We may delete your account data in accordance with our retention policies
• You must immediately cease all use of our intellectual property
• Sections of these Terms that by their nature should survive termination will survive

16.4 Data Export

Upon request made before termination, we will provide you with a reasonable opportunity to export Your Content from the Services. After termination, we have no obligation to maintain or provide Your Content and may delete it in accordance with our data retention policies.

16.5 Survival

The following provisions survive termination of these Terms: User Content and Data, Intellectual Property Rights, Warranties and Representations, Limitation of Liability, Indemnification, Confidentiality, Dispute Resolution and Arbitration, and General Provisions.

17. Export Controls

The Services may be subject to export control laws and regulations of the United States and other jurisdictions. You represent and warrant that:

• You are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will comply with all applicable export and import control laws and regulations
• You will not use the Services for any prohibited purposes, including development of weapons of mass destruction

18. Government Users

If you are a U.S. government entity or using the Services on behalf of a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Use, reproduction, and disclosure are subject to the terms of these Terms.

19. Dispute Resolution and Arbitration

19.1 Informal Dispute Resolution

Before filing a formal dispute, you agree to first contact us at legal@sunobot.com to attempt to resolve the dispute informally. Provide a description of the dispute, your contact information, and the relief you seek. We will attempt to resolve the dispute within 60 days. If we cannot reach resolution, either party may initiate arbitration.

19.2 Binding Arbitration

You and Sunobot agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be settled by binding arbitration on an individual basis, except as specified below.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States in the county where you reside or another mutually agreed location.

19.3 Class Action Waiver

YOU AND SUNOBOT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.

Unless both you and Sunobot agree otherwise:

• No arbitrator or judge may consolidate more than one person's claims
• No arbitrator or judge may preside over any form of representative, class, or collective proceeding
• An arbitrator's award and judgment thereon will only apply to the individual parties

19.4 Exceptions to Arbitration

Either party may bring a lawsuit in court (instead of arbitration) solely for:

• Infringement or misappropriation of intellectual property rights
• Disputes that qualify for small claims court
• Injunctive or equitable relief for violation of these Terms

19.5 Arbitration Fees and Costs

Payment of all filing, administration, and arbitrator fees will be governed by AAA rules, unless otherwise stated in these Terms. If the arbitrator finds that you cannot afford to pay AAA filing fees, Sunobot will pay them for you. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them to the prevailing party.

19.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@sunobot.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. Opting out does not affect any other provisions of these Terms.

19.7 Severability

If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

20. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

To the extent arbitration does not apply (as specified in Section 19), you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Sunobot regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

21.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 30 days before they take effect. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Sunobot.

21.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

21.5 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

21.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Sunobot.

21.7 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.8 Notices

All notices to Sunobot must be sent to legal@sunobot.com. Notices to you will be sent to the email address associated with your account. Notices are deemed delivered when sent.

21.9 Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and promotional messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21.10 Language

These Terms are written in English. Any translated versions are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version will prevail.

22. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us:

• Email: legal@sunobot.com
• Support: support@sunobot.com
• Sales: sales@sunobot.com
• Website: sunobot.com