Terms of Service

Important Notice

[Signing Action] When you follow the startup page prompts, agree to this agreement, and complete the entire registration process, you indicate that you have fully read, understood, and accepted all the contents of this agreement, reached an agreement with us, and become a user of Sunary (hereinafter referred to as the 'User' or 'You'). During the process of reading this agreement, if you do not agree with this agreement or any of its terms, you should immediately stop the registration process.The final interpretation right of this agreement belongs to Sunary Official Department.

[Careful Reading] Before completing the [Signing Action], please carefully read and fully understand the content of each clause of this agreement. If you are a minor under the age of 18, you should be accompanied by your parents or legal guardians when reviewing this agreement and completing the registration/login process, and register and use this product with the consent of your parents or guardians, and pay special attention to the minor usage clauses. You need to focus on reading and understanding the clauses that exempt or limit liability, and the relevant clauses will be marked in bold and underlined to facilitate your attention. If you have any questions about the agreement, you can contact us through the contact information disclosed in this agreement.

Your Rights and Obligations

Any content you input, output, publish, or disseminate in or through this product does not reflect or represent, and shall not be deemed to reflect or represent, our views, positions, or policies, and we assume no responsibility for such content. When using the product, you shall comply with applicable national laws and regulations, and you bear full responsibility for all actions arising from your use of this product.

You shall not use Sunary to engage in or induce Sunary to engage in any of the following activities, purposes, or uses. Otherwise, Sunary may take measures including deletion, blocking, banning or closing accounts, restricting account functions, suspending or terminating services, and report your violations of applicable laws and regulations to the relevant authorities:

1. Violating the basic principles determined by the Constitution;
2. Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
3. Harming national honor and interests;
4. Distorting, defaming, blaspheming, or denying the deeds and spirit of heroic martyrs, or infringing upon the names, portraits, reputation, or honor of heroic martyrs through insult, defamation, or other means;
5. Promoting terrorism or extremism, or inciting terrorist or extremist activities;
6. Inciting ethnic hatred or discrimination, or undermining ethnic unity;
7. Undermining state religious policies, or promoting cults and feudal superstitions;
8. Spreading rumors and disrupting economic or social order;
9. Disseminating obscene, pornographic, gambling, violent, murderous, terrorist, or crime-inciting content;
10. Insulting or defaming others, or infringing upon others' reputation, privacy, and other legitimate rights and interests;
11. Using exaggerated titles where content is seriously inconsistent with the title;
12. Sensationalizing scandals, controversies, or misconduct;
13. Improperly commenting on natural disasters, major accidents, or other disasters;
14. Containing sexual innuendo or provocation that may easily evoke sexual associations;
15. Inciting discrimination based on population, region, or other grounds;
16. Promoting vulgar, tacky, or tasteless content;
17. Content that may cause minors to imitate unsafe behaviors or violate social ethics, induce bad habits in minors, encourage internet addiction among minors, harm minors' physical and mental health, or involve bullying or other harmful behaviors toward minors;
18. Content containing terror, violent gore, high danger, or harm to self or others' physical and mental health, including but not limited to any violence and/or suicide, self-harm, self-mutilation, any threats to life or health, performances using controlled dangerous items that endanger self or others' personal and/or property rights, or content that encourages or induces others to participate in dangerous or illegal activities that may cause personal injury or death;
19. Involving illegal or prohibited items, including but not limited to: drugs, illegal substances, illegal tools, etc., such as marijuana, opium, counterfeit currency, firearms, tobacco, explosives, VPN circumvention software, cheat programs, and other similar content;
20. Involving illegal or prohibited activities, including but not limited to: pyramid schemes, fetal sex determination, selling counterfeit goods, and other similar content;
21. Other content prohibited by laws or administrative regulations that may have an adverse impact on the online ecosystem.

When using Sunary products, You shall not engage in any activities that endanger the network and system security of Sunary:

1. Illegally intruding into networks, interfering with normal network functions, stealing network data, or intentionally spreading malicious programs or viruses that endanger network security and order;
2. Using deep links, page scraping, social bots, spiders, or other automated means to use this service or access third-party services through this service, in order to access, obtain, or monitor any unauthorized data, content, or enter unauthorized servers/accounts, or using it as a virtual server, illegal proxy server, or mail server;
3. Providing technical support, advertising, payment settlement, or other assistance to others engaged in activities that endanger network security;
4. Unauthorizedly impersonating others to gain access to Sunary and related services;
5. Reverse engineering any algorithms, source code, or mechanisms of Sunary, or attempting to extract data from Sunary in any way;
6. Circumventing or evading in any way, or distributing or publishing methods and techniques to circumvent or evade the security measures adopted by Sunary to prevent prohibited activities under this agreement;
7. Using Sunary to develop, train, or improve other algorithms or technologies that compete directly or indirectly with Sunary;
8. Any other use that may harm the interests of Sunary.

Scope of Application

This agreement is entered into between you and the Sunary service provider, and shall take effect from the time you confirm acceptance or from the time your use of Sunary occurs (whichever is earlier). The Sunary Privacy Policy and any other agreements and platform rules that may be added in the future are an inseparable part of this agreement. If you use Sunary and its corresponding services, you are deemed to have agreed to and complied with the above agreements and platform rules.

Paid Subscriptions

Pro and Business are billed per workspace seat and renew automatically until cancelled in account or in-app billing settings. After cancellation, paid benefits remain available through the current billing period.

Paid subscriptions grant seats on a per-workspace basis. Only registered members of that workspace may access collaboration features according to their assigned role.

Paid subscriptions are non-transferable and may not be distributed, sold, rented, leased or otherwise assigned or transferred to any third party(ies).

Use of Services

You may use the Services only if you have reached the age of majority where you live, and you can form legally binding contracts under applicable law. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of them may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.

You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right (but not the obligation) to remove or edit such content.

In our sole discretion, we may terminate or restrict your access to any component of Sunary at any time and without notice.

Third-Party Services

The Services may include links to third-party websites or embedded content. You acknowledge and agree that third-party services are provided to you by the respective third-party service providers. You shall comply with their agreements and other terms, and any disputes arising therefrom shall be resolved independently between you and the applicable third party.

We are not responsible for any Third Party Services or for any act or omission of any third party. We do not own, operate or endorse any Third Party Services and do not warrant any Third Party Services. You agree to assume all risks and liabilities associated with the use of any Third Party Services.

Third Party Services are operated independently of us and we do not guarantee the availability of any Third Party Services.

Breach of Contract

If you engage in any of the following behaviors, it shall be deemed a breach, and Sunary reserves the right to take corresponding actions:

1. Sunary reserves the right to review your registration information and your use of products/services. If any issues are found or suspected in your registration information or product/service usage, Sunary may send you an inquiry and/or a notice requiring correction. If you fail to respond reasonably within a reasonable period, Sunary may block, delete, or otherwise process your registration information or product/service usage.

2. For the following types of information you publish on Sunary products, Sunary reserves the right to delete or take other restrictive measures without prior notice: information that Sunary reasonably believes to involve fraud or other malicious, false, or harmful content; information that Sunary reasonably believes attempts to disrupt normal platform order; and information that Sunary reasonably believes violates public interest or may seriously damage the legitimate interests of Sunary and other users.

3. If your breach causes losses to Sunary, Sunary has the right to demand compensation. The aforementioned losses include but are not limited to: goodwill, loss of business opportunities, litigation fees, arbitration fees, legal fees, travel expenses, investigation and evidence collection fees, notarization fees, appraisal fees, compensation paid to third parties, liquidated damages or settlement amounts, and fines and late fees from administrative or criminal penalties.

Fees and Payment

Fees

You agree to pay all fees for Pro, Business, and other paid services. Fees are based on Services purchased and not actual usage. Unless otherwise agreed, charges may be paid by credit card, electronic funds transfer or bank/wire transfer through Paddle, our Merchant of Record. Refund eligibility is governed by our Refund Policy at https://sunary.app/refund/.

Payment Terms

Paid plan fees are payable at the time of subscription. Listed prices are base subscription prices. Applicable taxes, levies, or duties are calculated and collected by our payment provider (Paddle) at checkout based on your location; the final amount due is shown on the checkout page (excluding taxes based on Sunary's income). You shall pay all fees in the agreed currency without set-off or deduction.

Suspension Rights

We reserve the right to immediately terminate the Services if: (i) the billing or contact information provided by you is false or fraudulent; or (ii) you fail to make any payment due within ten business days after we have provided you with notice of such failure. Any suspension of the Services by us under this section shall not relieve you of your payment obligations under this Agreement.

Content and Ownership

Content

The Services contains Content owned by Sunary, its suppliers or licensors ("Sunary Content"). Sunary, its suppliers and licensors own and retain all rights, including all intellectual property rights, in and to the Services and the Content. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws.

You must not remove or alter any copyright notices on any copy of Sunary or other Software.

Ownership

Sunary and any other Services are licensed and not sold to you. All rights not expressly granted to you in this Agreement are reserved and retained by us. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use or sell any Content or other Content appearing on or through the Services. You must not modify, build upon or block any portion or functionality of the Services.

Software

We grant you a limited, personal, worldwide, non-sublicensable, non-transferable, non-exclusive license to access and use Sunary and related software solely to permit you to use the Services in accordance with this Agreement. Any Software is licensed and not sold.

Restrictions

You shall not (and shall not permit others to): (i) license, sub-license, sell, transfer, distribute or share the Services or Software or make any of them available for access by third parties; (ii) create derivative works based on or otherwise modify the Services or Software; (iii) disassemble, reverse engineer or decompile the Services or Software or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software; (iv) access the Services or Software in order to develop a competing product or service; (v) use the Services or Software to provide a service for others; (vi) remove or modify a copyright or other proprietary rights notice on or in the Services or Software; (vii) use a computer or computer network to cause physical injury to the property of another; (viii) violate any applicable law or regulation; (ix) disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Services or Software; (x) include, send, store or run software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs from the Services or Software; (xi) cause a computer to malfunction; or (xii) alter, disable, or erase any computer data, computer programs or computer software without authorization.

Security and Privacy

Passwords and Security

In order to use Sunary and/or our other Services, you may have to register and create an Account with us and provide one or more names, email addresses, login usernames, and/or passwords (together, "Account Information"). You are responsible for maintaining the confidentiality of your Account Information. You agree not to use your Account Information of any third party or disclose your Account Information to any third party. You are responsible for any and all activity that occurs on your Account.

Privacy Policy

Our collection and use of your information is governed by our Privacy Policy, the terms of which appear on https://sunary.app/privacy and are incorporated into this Agreement. You understand that through your access and/or use of the Services, you consent to the collection and use of this information.

Security

We implement security procedures to help protect your data from security attacks. However, you understand that use of the Services necessarily involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted, copied or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorized third parties will never be able to defeat our security measures.

Networks

Technical processing and transmission of the Services may involve: (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Use of or connection to the internet provides the opportunity for unauthorized persons to circumvent security precautions and illegally gain access to the Services, your data or content. We do not guarantee the privacy, security or authenticity of any content, data or information transmitted over or stored in any system connected to the internet.

Maintenance and Repairs

We use commercially reasonable efforts to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Indemnification

User Indemnification

You shall indemnify, defend and hold harmless Sunary from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Sunary or its affiliates regarding: (i) your content or data; (ii) your use of the Services in violation of this Agreement; and/or (iii) violations of your obligations of privacy to any person.

Possible Infringement

If we believe the Services infringe or may be alleged to infringe a third party's intellectual property rights, then we may: (i) obtain the right for you (at our expense) to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If we do not believe that the options described in this section are commercially reasonable, then we may suspend or terminate your use of the affected Services (with a pro-rata refund of prepaid fees for the Services).

Process

The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (ii) the other party may join the defense with its own counsel at its expense.

Limitations of Liability and Damages

To the maximum extent not prohibited by applicable law, in no event will Sunary or its suppliers be liable for any personal injury, property damage, loss of use, lost or inaccurate data, interruption of business, lost profits, costs of delay, reputational harm, or any indirect, special, incidental, cover, reliance or consequential damages of any kind, however caused, even if informed in advance of the possibility of such damages.

Sunary's or its suppliers' total liability shall not exceed in aggregate the amount actually paid or payable by you to Sunary for the Services in the twelve (12) months preceding the claim.

Notwithstanding the foregoing, none of the limitations in this section excludes either party's liability for fraud or for death or personal injury to the extent caused by a party's negligence. In addition, the laws in some jurisdictions may not allow some of the limitations of liability in this section. If any of these laws is found to apply to this Agreement, this section shall apply to the maximum extent not prohibited by such law.

Term and Termination

Term

This Agreement shall commence on the date you first use the Services and shall remain in effect through the end of the provision of Services in accordance with any current service agreement, unless terminated earlier pursuant to the terms of this Agreement (the "Term").

Termination

Either party may terminate this Agreement effective immediately upon written notice: (i) if the other party materially breaches a material obligation under this Agreement and, if such breach is capable of cure, does not cure the breach within ten (10) days after receiving written notice thereof from the non-breaching party; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding related to its insolvency, receivership or liquidation, in any jurisdiction, that is not dismissed within sixty (60) days of its commencement.

Effect of Termination

Upon expiration or other termination of the Services for any reason, your right to access and use the Services shall terminate. If you terminate this Agreement solely due to a material breach of this Agreement by us, we agree to refund all prepaid fees for the remaining portion of the Term for the terminated Services within thirty (30) days after the date of termination. If we terminate this Agreement for your material breach, all fees set out on such service agreement shall be immediately due and payable.

Return of User Data

At the end of the Term, Sunary shall have the right to delete all of your content and data at any time and cancel your Account with us. You acknowledge and agree that archived versions of the Services may include archived copies of your content and data which may be retained by us for an archive cycle.

General Provisions

Definitions

"Account" means any account, which includes a username and password, used by you to access and use the Services.

"Applicable Laws" means all statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, binding on or affecting the person referred to in the context in which such word is used.

"User Content" means content you share with or provide to Sunary or the public through the use of the Services.

"User Data" means non-anonymized electronic data pertaining to you that is collected and/or processed using the Services, including personal information, login credentials, and other information that relates to your use of the Services.

"Content" means any and all content, data and other materials including, without limitation, images, trademarks, HTML, files, text, logos, artwork, graphics, pictures, advertisements, works, works of authorship or any other intellectual property contained in any such materials.

Assignment

You may not assign this Agreement, nor any of the rights or obligations arising thereof, in whole or in part, to any third party without our prior written consent. We may assign this Agreement, as well as any of our obligations or rights, to a successor entity resulting from a merger, acquisition or consolidation.

Notice

Except as otherwise provided herein, all notices shall be in writing and deemed given upon: (i) personal delivery; (ii) when received by the addressee if sent by an internationally recognized overnight courier (receipt requested); or (iii) first business day after sending by email. Notices shall be sent to the parties as set forth in the applicable service agreement.

Force Majeure

Except for your obligation to pay fees for the Services, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include, without limitation, accidents, acts of God, labour disputes, actions of any government agency, shortage of materials, acts of terrorism or the stability or availability of the Internet or a portion of it.

Waiver

A waiver of any right is only effective if it is in writing and only against the party who signed such writing and for the circumstances given.

Relationship of the Parties

The parties are user and service provider. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship.

Severability

The terms and conditions of this Agreement will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.

Headings

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.

Entire Agreement

This Agreement, together with those incorporated or referred to in this Agreement, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions.

Electronic Communications

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.

International Users

Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

Disclaimer of Warranties

All Services are provided "as is" and on an "as available" basis. Neither Sunary nor its suppliers or representatives make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. Sunary makes no representation, warranty or guarantee that the Services will meet your requirements or expectations, that will be accurate, complete or preserved without loss, or that the Services will be timely, secure, uninterrupted or error-free.

Sunary is provided "as is." We strive for cloud service availability but do not guarantee uninterrupted service. Please export documents that matter to you on a regular basis.

You bear full responsibility for the intellectual property rights and legal liabilities of any content you create using this product. If your created content infringes upon the copyright, intellectual property, or other legitimate rights of others, such infringement is unrelated to this product and this product bears no joint liability. At the same time, this product reserves the right to pursue legal action against the user who violates regulations to hold them legally accountable.

Changes to Terms

We may update these terms from time to time. Material changes will be announced in-app or on our website. Continued use constitutes acceptance of updated terms.

If you have an account with us, you will be notified by email and given an opportunity to accept the changes.