Sunbit Terms of Use

    Effective Date: November 16, 2022

    These terms of use (“Terms”) constitute a legal contract between Sunbit, Inc., our subsidiaries and affiliates, agents, assigns, and other third parties acting on our behalf (“Sunbit,” “us,” “we,” or “our”) and users (“you” and “your”) of Sunbit’s mobile applications and online products and services or access to our website, www.sunbit.com (collectively, the “Sunbit Services” or “Services”). These Terms govern all aspects of your use of Sunbit Services.

    Please read these Terms carefully. By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please discontinue your use of our Services.

    You agree to provide accurate, current, and complete information about yourself when you use the Sunbit Services. You further agree to update information about yourself as a user of the Sunbit Services as appropriate using the contact information listed below.

    You are responsible for reviewing these Terms regularly. We may modify the Terms from time to time, at our sole discretion, by posting updates to the Terms online, or on the mobile application, or by providing you with written notice by email, through another website, or via U.S. mail. Your continued use of the Services after the updates are posted constitutes your acceptance of any modifications to the Terms.

    The Terms are in addition to any other terms and conditions that may apply to specific our products and services. Where appropriate, please review those separate terms and conditions. In the event of a conflict between these Terms and any specific terms and conditions that you may receive, the specific terms and conditions will govern.

    Contents

    Eligibility
    Privacy and Use of Information Collected by Sunbit
    User and Accountholder Responsibilities
    Your License
    Intellectual Property
    Use of Information and Materials
    Third-Party Links
    Termination
    NO WARRANTY
    LIMITATION OF LIABILITY
    Indemnification
    Submissions
    System Outages, Slowdowns, and Capacity Limitations
    Protecting Your Devices and Account
    Disclaimers
    Governing Law and Disputes
    Severability/No Waiver
    Contact Us

    Eligibility

    Not all Sunbit Services are available to all individuals. Submission of any information and/or an application does not automatically qualify you for Services.

    The Services are not intended for, and should not be used by, persons who have not reached the age of majority in their states of residence.

    The Services are not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. The Services may not be appropriate or available for use in jurisdictions outside of the United States.

    Privacy and Use of Information Collected by Sunbit

    Certain features and functionalities of the Services require Sunbit to use information collected from you, as detailed more fully in the Sunbit Privacy Policy. You agree that Sunbit has the right to collect, store, and use this information for the purposes detailed in the Privacy Policy which is hereby incorporated by reference in these Terms.

    You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Sunbit or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See the Privacy Policy for how your data is treated.

    User and Accountholder Responsibilities

    Certain Services may be accessible only to registered users and accountholders. In order to access those Services, you may need to register, which includes creating access credentials, such as a user name and password, and/or providing your fingerprint ID. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) and to never set up the fingerprint ID feature on a device not controlled entirely by you.

    You are solely responsible for (a) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials and use of your fingerprint ID, (b) not allowing another person to use your access credentials or setting up your fingerprint ID on another person’s device, and (c) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials or misuse of your fingerprint ID. Sunbit is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Services using your access credentials or fingerprint ID. You must immediately notify Sunbit if you become aware of any unauthorized use of your access credentials or fingerprint ID or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

    Your License

    Subject to the Terms, Sunbit grants you a non-exclusive, non-transferable, limited, and revocable license to access the Services for your use only (“Your License”).

    Intellectual Property

    The Services and any content, materials downloaded, and intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Sunbit or third parties; all rights, title, and interest therein shall remain the property of Sunbit and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

    You are authorized solely to view and retain a copy of pages related to the Services for your own use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with Sunbit. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion thereof, for any public or commercial use, without the express written consent of Sunbit. Additionally, you agree that you (a) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Sunbit.

    Use of Information and Materials

    The information and materials contained on the Services and the Terms, policies, and descriptions that appear on the Services are subject to change. You accept sole responsibility for your use of the Services. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into Sunbit’s systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:

    • is unlawful, fraudulent, or deceptive;
    • uses technology or other means to access content or systems of Sunbit in a manner that is not authorized by Sunbit;
    • uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Sunbit;
    • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
    • attempts to gain unauthorized access to Sunbit’s computer network or user accounts;
    • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
    • violates these Terms or any other Sunbit policies;
    • attempts to damage, disable, overburden, or impair Sunbit’s servers or networks; or
    • fails to comply with applicable third-party terms.

    Third-Party Links

    The Services may contain links to websites controlled or offered by third parties (non-affiliates of Sunbit). Please review the terms of use and privacy policy for any third-party website that you may visit through a link on the Services. Such third-party websites may have privacy policies that differ from that of Sunbit, and the third-party website may provide less security than our Services.

    By creating a link to a third-party website, Sunbit neither endorses nor recommends any products or services offered or information contained at the third-party website. Sunbit disclaims liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to the Services. Sunbit also disclaims liability for any failure of any products or services offered or advertised at such website.

    Messages

    Sunbit may offer SMS/MMS (using the GSM network) notifications to provide you with information about your account or the Services. Standard mobile, message, or data rates may apply, and you are responsible for any such fees. If permitted by applicable law, and subject to your consent, the SMS will be sent to your mobile number previously provided to us by you.

    Geolocational Services

    Certain features and functionalities of the Services are based on your location. In order to provide these features and functionalities while you are using your mobile device you agree that we may, with your consent, automatically collect geolocational information from you, your mobile device or wireless carrier, and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs whenever the Services are present on your device. Geolocation Information can be monitored on a continuous basis in the background, only while the Services are being used, or not at all depending on your location permissions, which you can change at any time in your device settings. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

    Without limiting the generality of the foregoing, the Services include Google Maps features and content, and your use of the Google Maps features and content is subject to: (a) the Google Maps/Google Earth Additional Terms of Service (available at https://maps.google.com/help/terms_maps.html; and (b) the Google Privacy Policy (available at https://www.google.com/policies/privacy), in each case as amended from time to time in accordance with their terms. If you fail to comply with any of the foregoing, Sunbit will take appropriate enforcement action against you, including suspending or terminating your use of Google Maps features and content in the Services.

    Mobile Payment Authorization

    Sunbit reserves the right to use near field communication services in order to activate certain mobile payment features including but not limited to Apple Pay and Android Pay for use with the Services. By agreeing to these Terms you consent to Sunbit using near field communication services as part of the Services.

    Camera

    By agreeing to these Terms, you agree, subject to your further consent, that Sunbit may access your device’s camera for certain features and functionalities of the Services.

    Fingerprint ID

    By agreeing to these Terms, you agree, subject to your further consent, that Sunbit may permit access to some or all of the Services through use of your device’s Fingerprint ID feature or related authentication information.

    Termination

    Sunbit reserves the right, in its sole discretion, to terminate Your License or any Services provided to you and to assert legal action with respect to your use of the Services that Sunbit reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other Sunbit policies.

    NO WARRANTY

    THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SUNBIT OR BY THIRD PARTIES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SUNBIT DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SUNBIT OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SERVICES AT YOUR SOLE RISK AND THAT SUNBIT CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICES WILL BE FREE OF COMPUTER VIRUSES.

    LIMITATION OF LIABILITY

    IN NO EVENT WILL SUNBIT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SERVICES OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SERVICES, EVEN IF SUNBIT OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.

    Indemnification

    You agree to indemnify, defend, and hold harmless Sunbit, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of these Terms (including negligent or wrongful conduct) by you, (b) your use of the Services, or (c) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party. Sunbit reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

    Submissions

    Any information submitted to Sunbit via the Services shall be deemed and remain the property of Sunbit, and Sunbit shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in the content that a user of the Services provides Sunbit through the Services. Sunbit shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by Sunbit, or as otherwise, specifically required by law.

    System Outages, Slowdowns, and Capacity Limitations

    At times you may experience difficulty accessing the Services or communicating with Sunbit through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Sunbit’s, can experience unanticipated outages or slowdowns or have capacity limitations. Sunbit makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service to a mobile device.

    Protecting Your Devices and Account

    Sunbit makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Sunbit is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

    Disclaimers

    SUNBIT DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. SUNBIT CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SUNBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SUNBIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SUNBIT FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    Governing Law and Disputes

    The Terms are governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the Central District of California has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Services, Terms, or any other Sunbit policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

    Severability/No Waiver

    If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Sunbit’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

    Contact Us

    Any questions, complaints, or claims regarding the Services should be directed to:

    Sunbit, Inc.
    PO Box 24010
    Los Angeles CA, 90024

    Thank you for using Sunbit Services!