Product Terms of Sale
Last updated October 13, 2026
These Product Terms of Sale (the "Product Terms") govern your purchase, receipt, use, return, refund, replacement, and warranty rights with respect to Sunsay branded physical products, including any smart dice, sensor-based cubes, non-smart dice, accessories, chargers, docks, replacement parts, kits, bundles, limited edition items, promotional items, and other physical goods that Sunsay makes available for sale from time to time (collectively, the "Products").
These Product Terms form a legally binding agreement between you and Sunsay, Inc. and its affiliates ("Sunsay", "we", "our", or "us").
These Product Terms apply only to the purchase and Product-related aspects of your relationship with Sunsay. Sunsay's mobile application (the “App”), website, subscription offerings, AI companion, digital content, and related services are governed separately by Sunsay's Terms of Service available at www.sunsay.com/terms-of-service (the "ToS"). Sunsay's collection, use, disclosure, and processing of personal data in connection with the Products, the App, and related services is governed by Sunsay's Privacy Policy available at www.sunsay.com/privacy-policy (the "Privacy Policy").
If a Product includes, interfaces with, enables, or depends on software, firmware, account functionality, app connectivity, internet connectivity, Bluetooth, cloud services, or subscription-based functionality, those aspects are also subject to the ToS and Privacy Policy.
By placing an order for any Product, or by activating, connecting, accessing, or using any Smart Product, you acknowledge that you have read, understood, and agree to be bound by these Product Terms.
1. Scope and Product Ecosystem
Products. "Products" means Sunsay's physical consumer goods offered for sale, including Smart Products and non-smart Products, together with any related chargers, charging docks, cables, accessories, replacement parts, kits, bundles, packaging inserts, or other tangible items sold or provided by Sunsay.
Smart Products. Sunsay may offer certain Products that include sensors, embedded firmware, connectivity features, app-linked capabilities, account-linked functionality, or other digital components ("Smart Products"). If Smart Products become available, they may require one or more of the following in order to function properly, access all features, or maintain compatibility: a compatible mobile device, supported operating system, Bluetooth or other wireless connectivity, internet access, the Sunsay application, an active user account, or an active paid subscription.
Non-Smart Products. Certain Products may be non-connected and usable without the App or connectivity. However, some companion features, personalization, digital content, settings, insights, usage history, guided experiences, or other features may only be available through the App or through an active subscription.
Relationship Between Products and App. The App may be designed to be used together with separate sensor-based cubes, Smart Products, or other compatible devices if and when offered. The functionality of the App may be significantly limited, partially unavailable, or entirely unavailable without compatible Products. Likewise, certain Smart Products, when offered, may have limited functionality without the App, a compatible device, connectivity, or a subscription, depending on the Product and the service tier selected.
Product Information. We aim to describe and display the Products as accurately as reasonably possible. However, product images, illustrations, marketing copy, examples of use, videos, dimensions, colors, finishes, packaging, and other descriptions are for general informational and promotional purposes only and may vary slightly from the actual Product delivered to you.
Product Changes. Sunsay may change Product specifications, components, packaging, suppliers, colors, design details, functionality, included accessories, or other Product characteristics from time to time, provided that any such change does not materially reduce the essential characteristics of a Product you already purchased, except as may be required for legal, regulatory, security, safety, supply chain, or technical reasons.
Availability. All Products are offered subject to availability. Sunsay may limit quantities, refuse orders, discontinue Products, withdraw Products from sale, or substitute materially comparable components or packaging, where reasonable, in connection with manufacturing, supply, legal, or operational needs.
2. Eligibility, Accounts, and Purchase Restrictions
Eligibility. You may purchase Products only if you are at least eighteen (18) years old (or the age of majority in your jurisdiction), have full power and legal capacity to enter into a binding agreement, and are not prohibited from purchasing or using the Products under applicable law. Notwithstanding the foregoing, if you are at least sixteen (16) years of age but under the age required above, and meet the eligibility requirements under Section 17 (Minors) of the ToS, you may use the Products, subject to any additional restrictions that may apply under applicable local laws and regulations or as Sunsay may determine at its sole discretion from time to time.
Personal Consumer Use. Unless Sunsay expressly agrees otherwise in writing, Products are offered for end-user consumer use only and not for resale, export brokerage, unauthorized redistribution, commercial leasing, or other commercial exploitation.
Quantity Limits. Sunsay may, in its discretion, limit the number of Products that may be purchased by any individual, household, account, address, payment method, or order. Sunsay may also reject orders that appear to be placed by dealers, resellers, distributors, or other parties purchasing for onward sale without authorization.
Account Linkage. Use of certain Smart Products may require you to create, maintain, and remain logged into a Sunsay account governed by the ToS. You are responsible for maintaining accurate account information to the extent required for activation, support, warranty, troubleshooting, returns, or continued functionality of Smart Products.
3. Orders and Acceptance
Order Submission. When you submit an order through a Sunsay-operated sales channel, you are making an offer to purchase the selected Products at the price and on the terms displayed at checkout.
Acceptance. Your order is not accepted until Sunsay sends you an order confirmation or ships the applicable Product, whichever occurs first. An automated receipt confirming that your order was received does not necessarily constitute acceptance.
Right to Refuse or Cancel. Sunsay reserves the right to reject, refuse, limit, or cancel any order, whether before or after confirmation, for reasons including unavailability, inventory discrepancies, pricing or description errors, suspected fraud, suspected unauthorized resale activity, suspected violation of applicable law, shipping restrictions, payment issues, or other legitimate business, legal, or operational reasons.
Order Corrections. You are responsible for reviewing your order carefully before submission, including Products selected, quantities, shipping address, billing details, and contact information. Sunsay does not guarantee that order changes or cancellations can be made after submission.
Bundles and Promotional Items. Where Products are sold as a bundle, kit, promotional package, subscription-linked package, or with free or discounted items, additional conditions may apply. Sunsay may condition refunds, replacements, or promotional eligibility on return of the full bundle or on compliance with the relevant promotional terms.
Pre-Orders and Backorders. If Sunsay offers pre-orders or backorders, including, if applicable, for Products offered through a crowdfunding campaign or Products that are still in development or production at the time of order, estimated shipping dates are indicative only and subject to change. Sunsay may revise estimated availability, delay shipment, partially fulfill an order, or cancel a pre-order, backorder, or crowdfunding order (if applicable) and refund amounts paid if the Product becomes unavailable or materially delayed, or if orders exceed available inventory. Where required by applicable law, Sunsay will notify you of any material delay and give you the option to cancel your order and receive a refund. If Sunsay offers Products through a crowdfunding platform, purchases made through that platform may also be subject to that platform's terms.
4. Seller of Record and Third-Party Providers
Seller of Record. For Products purchased directly through Sunsay-operated channels, the seller of record is Sunsay, unless otherwise expressly specified at checkout or in the applicable regional storefront.
Third-Party Providers. Sunsay may use third-party manufacturers, assemblers, logistics providers, warehouse operators, customs brokers, fulfillment providers, carriers, payment processors, and support providers to facilitate the sale, shipment, servicing, replacement, or return of Products.
Marketplace and Reseller Purchases. If you purchase a Product from an authorized marketplace, distributor, retailer, or reseller, the sales transaction between you and that seller may be governed in whole or in part by that seller's terms, payment policies, shipping policies, or return procedures. However, Sunsay's Product-related rights and restrictions, embedded software terms, and any express Sunsay warranty may still apply to the extent stated in these Product Terms and permitted by applicable law.
5. Prices, Payment, Taxes, and Charges
Prices. Product prices are those displayed at the time of checkout and may change from time to time before your order is accepted. Prices may differ by geography, channel, promotion, subscription tier, bundle configuration, or applicable regional storefront.
Currency. All prices are stated in the currency indicated at checkout. You are responsible for any currency conversion costs, bank fees, or payment provider charges not expressly included in the purchase price.
Payment Authorization. By placing an order, you authorize Sunsay and its designated payment processors or other payment service providers to charge your selected payment method for all applicable amounts, including the purchase price, shipping charges, taxes, duties, fees, and any other clearly disclosed amounts due in connection with the order.
Payment Processors. Payments may be processed by third-party payment processors, app stores, payment service providers, or other financial intermediaries. Your use of those payment methods may also be subject to separate terms and privacy practices of the applicable provider. Sunsay does not store your full payment card number or security code.
Payment Disputes and Chargebacks. If you believe you have been charged in error, please contact Sunsay at contact@sunsay.com before initiating a chargeback or payment dispute with your card issuer or payment provider, so that we can try to resolve the issue promptly. If you initiate a chargeback or payment dispute, Sunsay may contest it where Sunsay reasonably believes it is unfounded, and may provide the relevant payment processor with order, delivery, return, and communication records for that purpose. Where a chargeback is granted for a Product that has not been returned in accordance with these Product Terms, Sunsay may decline future orders from you. Nothing in this Section limits any rights you may have under applicable law or the terms of your payment provider.
Taxes. Applicable sales taxes, use taxes, VAT, GST, or similar charges may be added where required by law. Taxes shown at checkout are estimates where appropriate and may vary depending on final order processing, shipping destination, or tax rules applicable at the time of fulfillment.
Import Duties and Customs. If you order Products for international delivery, customs duties, import taxes, brokerage fees, clearance charges, and similar assessments may apply. You are responsible for such charges unless otherwise required by applicable law.
Pricing Errors. Despite our efforts, Products may occasionally be listed at an incorrect price or with incorrect descriptive information. If Sunsay identifies an obvious pricing or listing error before shipment, Sunsay may cancel the affected order and refund any amount charged.
6. Shipping, Delivery, Title, and Risk
Shipping Regions. Sunsay may ship Products only to selected countries, territories, and jurisdictions. Availability of shipping destinations will be indicated at checkout or otherwise communicated by Sunsay.
Delivery Estimates. Any delivery dates or shipping estimates are approximate only and not guaranteed. Actual delivery may depend on inventory availability, carrier capacity, customs processing, weather, labor disruptions, regulatory review, local delivery conditions, and other factors outside Sunsay's reasonable control.
Partial Shipments. Sunsay may ship Products in one or more shipments. Partial shipment of an order does not relieve you of the obligation to pay for the full order, subject to applicable law and any order cancellation rights.
Delivery Address. You are responsible for providing a complete and accurate delivery address and for ensuring that the recipient is able to accept delivery. Sunsay is not responsible for delivery failures, delays, or additional charges resulting from incorrect address details, inability to deliver, refusal of shipment, or failure to respond to carrier requests.
Undeliverable or Refused Shipments. If a shipment is returned to Sunsay as undeliverable, refused, unclaimed, or undelivered due to customer-caused issues, Sunsay may charge or deduct from any applicable refund any additional shipping, handling, storage, customs, or return-related costs to the extent permitted by applicable law.
Risk of Loss. Except where otherwise required by mandatory law, risk of loss and risk of damage to the Products pass to you upon delivery to the shipping address or designated recipient identified in your order.
Title. Except where otherwise required by applicable law, title to the Products passes to you upon the later of delivery and receipt by Sunsay of full payment for the applicable order.
Lost, Missing, or Damaged Deliveries. If your order arrives damaged, incomplete, or materially defective on arrival, or if it is not received within a reasonable period after the estimated delivery date, you must contact Sunsay at contact@sunsay.com as soon as reasonably possible and provide any reasonably requested evidence, such as photographs, order numbers, tracking information, or packaging details. Sunsay may investigate with the relevant carrier and, if appropriate, provide a replacement, refund, credit, or other remedy as required by applicable law.
7. Returns, Refunds, and Cancellations
General Return Right. Subject to this Section 7, the applicable Product listing, and mandatory law, you may request to return an eligible Product within 30 days following delivery.
Return Authorization. To initiate a return, you must contact Sunsay through contact@sunsay.com and follow the return instructions provided. Sunsay may require proof of purchase, order confirmation, serial number information, photographs, troubleshooting steps, or a return authorization number before accepting a return.
Condition of Returned Products. Returned Products must be sent back in reasonably good condition, together with all included components, accessories, chargers, cables, manuals, packaging, inserts, and promotional items, subject only to ordinary handling and inspection reasonably necessary to evaluate the Product. Sunsay reserves the right, to the extent permitted by law, to deny a return or reduce the refund amount if returned items are incomplete, materially damaged, altered, excessively worn, or otherwise not returned in accordance with these Product Terms.
Opened and Activated Products. Unless otherwise stated on the applicable Product page or required by law, opened Products and activated Smart Products may still be eligible for return within the applicable return window. However, the Product must still satisfy the applicable return conditions, and Sunsay may assess the returned Product for missing components, damage, alteration, or misuse.
Smart Product De-Activation. Before returning a Smart Product, you should, where reasonably possible, disconnect it from your account, remove or unpair it from the App, perform any available reset procedure, and delete or remove any user-specific settings or account connections. If you are unable to do so because the Product is not functioning or accessible, you should notify Sunsay support when initiating the return.
Return Shipping. Unless otherwise required by applicable law, return shipping costs shall be borne by the customer, except where the Product is defective, damaged on delivery, or incorrect, or is returned in connection with a valid warranty claim under Section 8, in which case Sunsay shall cover reasonable return shipping costs.
Inspection and Refund Processing. Once Sunsay receives a returned Product, Sunsay may inspect it to confirm eligibility. Approved refunds will be issued to the original payment method, where practicable, within fourteen (14) days after Sunsay’s receipt of the returned Product, subject to payment processor timing and any delays outside Sunsay's control.
Non-Refundable Charges. Shipping and handling fees, expedited delivery charges, customs duties, taxes (to the extent not refundable by the relevant authority), gift wrap fees or similar charges, and any payment processing fees are non-refundable, except where the return is due to a defective or incorrectly supplied Product or as otherwise required by applicable law.
Bundles, Gifts, and Promotions. If a Product was purchased as part of a bundle or with a promotional discount, Sunsay may, to the extent permitted by applicable law, adjust the refund to reflect the discounted purchase structure, require return of promotional items, or deduct the value of non-returned promotional or bundled components.
Excluded Items. The following items are not eligible for return: (i) Products marked as final sale or non-returnable at the time of purchase; (ii) Products that have been used, damaged, or altered beyond reasonable inspection; (iii) Products returned without original packaging or essential components; and (iv) any other items designated as non-returnable in the applicable Product listing, to the extent permitted by applicable law.
Statutory Rights Preserved. Nothing in these Product Terms limits any mandatory cancellation, withdrawal, conformity, refund, or return rights you may have under applicable consumer law in your jurisdiction.
8. Limited Warranty
Warranty Coverage. Subject to the exclusions and limitations in these Product Terms, Sunsay warrants that each Product purchased directly from Sunsay or an authorized reseller will be free from material defects in materials and workmanship under normal intended use for 12 months from the date of delivery, unless a different warranty period is expressly stated for the applicable Product.
Beneficiary of Warranty. This limited warranty applies only to the original end-user purchaser of the Product from Sunsay or an authorized reseller and may not be assigned or transferred to any subsequent purchaser or user, except where prohibited or restricted by applicable law.
Exclusive Warranty Remedies. If Sunsay determines, in its reasonable discretion, that a Product is defective and covered by this limited warranty, Sunsay will, as its sole obligation and your exclusive remedy under this limited warranty, either: (a) repair the Product; (b) replace the Product with the same Product or a new or refurbished product of the same or comparable functionality; or (c) refund the original purchase price paid for the defective Product.
Warranty Claim Process. To submit a warranty claim, you must contact Sunsay at contact@sunsay.com during the applicable warranty period and provide proof of purchase and any information reasonably requested by Sunsay, including Product identifiers, photographs, a description of the issue, and reasonable troubleshooting cooperation.
Return of Defective Products. Sunsay may require return of the allegedly defective Product before issuing a replacement or refund. Replacement Products may be sent before return only if Sunsay elects to do so. Any replaced Product or refunded Product for which Sunsay has issued a refund or replacement becomes Sunsay's property where permitted by law.
Refurbished Replacements. Replacement Products may be new or refurbished and may contain new or refurbished parts. Unless otherwise required by law, a replacement Product will be covered for the longer of the remainder of the original warranty period or ninety (90) days from the date of delivery of the replacement Product.
Exclusions. To the extent permitted by applicable law, this limited warranty does not cover any defect, malfunction, or damage caused by or resulting from: (a) misuse, abuse, negligence, accident, improper handling, or improper storage; (b) unauthorized opening, disassembly, modification, repair, tampering, or alteration; (c) failure to follow instructions, warnings, charging requirements, safety guidance, update instructions, or recommended maintenance steps; (d) use with incompatible, unsafe, or non-approved chargers, accessories, cables, docks, or connected devices, where relevant; (e) cosmetic damage, normal wear and tear, scratches, dents, discoloration, or other appearance-related issues that do not materially impair functionality; (f) exposure to liquids, moisture, extreme heat, extreme cold, fire, electrical surges, or other environmental conditions outside intended use parameters; (g) lost, stolen, or missing Products; (h) damage arising from transport after delivery, including damage caused by improper packaging in connection with a return or relocation; (i) any software issue, network issue, third-party operating system issue, mobile device incompatibility, or external service interruption not caused by a defect in the Product itself; (j) Products purchased from unauthorized sellers, where permitted by law; (k) removed, altered, or illegible serial numbers or Product identifiers, where applicable; or (l) use of the Product in a manner inconsistent with personal consumer use.
Warranty and Mandatory Laws. This limited warranty is in addition to, and not in place of, any mandatory legal rights you may have under applicable consumer product or conformity laws. Nothing in these Product Terms excludes, limits, or replaces any rights that cannot lawfully be excluded or limited.
No Other Express Warranty. Except as expressly stated in these Product Terms, Sunsay does not provide any other express warranty for the Products.
9. Product Care, Safety, and Responsible Use
Intended Use Only. You must use the Products only for their intended consumer purpose and in accordance with all instructions, safety guidance, packaging, product information, support materials, and update notices provided by Sunsay.
Small Parts and Child Safety. Certain Products may contain small parts, magnets, batteries, or accessories that may present choking, ingestion, or other hazards. Unless otherwise required by applicable law, Products are not intended for unsupervised use by children below the age indicated in applicable instructions or packaging, or such other age as may apply under local laws or as Sunsay may determine at its sole discretion from time to time, including in connection with differing age-of-majority or parental consent requirements across jurisdictions in which Sunsay operates.
Charging and Battery Safety. If a Product contains or is sold with a battery or is rechargeable (if and when such Products are offered), use only the designated or approved charging accessories and follow all charging instructions. Do not charge, use, or store a Product if it appears cracked, leaking, damaged, overheated, swollen, or otherwise unsafe.
Environmental Conditions. Unless expressly stated otherwise, Products should not be exposed to excessive water, humidity, condensation, extreme temperatures, fire, corrosive environments, or other hazardous conditions that could impair performance or create safety risks.
Inspection. You should inspect the Product upon delivery and discontinue use if you reasonably believe the Product is damaged, unsafe, malfunctioning, or not operating as intended.
Disposal and Recycling. If Sunsay offers Products that contain electronics, batteries, charging components, or other regulated materials, such Products must be disposed of in accordance with applicable recycling and e-waste regulations, and must not be disposed of in household waste where prohibited. Where applicable, disposal shall comply with the Waste Electrical and Electronic Equipment Directive (WEEE) and any corresponding national implementing laws.
10. Smart Product Software, Firmware, and Updates (Applicable to Smart Products When Offered)
Embedded Software. Some Smart Products contain firmware, embedded software, user interfaces, digital logic, and other software-related elements necessary for the Product to function. Such software is licensed, not sold, to you, and all right, title, and interest in and to such software remains with Sunsay and its licensors.
License. Subject to your compliance with these Product Terms and the ToS, Sunsay grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the embedded software solely as incorporated in the Smart Product for its intended end-user purpose.
Restrictions. Except as expressly permitted by mandatory law, you may not and may not permit any third party to copy, extract, decompile, reverse engineer, disassemble, modify, interfere with, bypass, or otherwise attempt to derive source code or circumvent technical protections relating to the firmware or embedded software in any Smart Product.
Updates and Patches. Sunsay may from time to time provide firmware updates, security patches, compatibility updates, maintenance releases, or feature-related updates for Smart Products. Such updates may be delivered automatically, through the App, through an account-based process, or through another mechanism supported by the Product.
Effect of Updates. Updates may be necessary to maintain security, interoperability, functionality, legal compliance, or compatibility with the App or supported mobile devices. Failure to install updates may result in degraded performance, reduced functionality, incompatibility, or security risks.
Evolving Features. Smart Product functionality may evolve over time and may depend on the continued availability of the App, connectivity services, subscription status, supported operating systems, and third-party platforms. Sunsay does not guarantee that every current feature, integration, or functionality will remain available unchanged for any specific period, subject always to applicable law.
Suspension or Limitation. Sunsay may suspend, limit, or modify Smart Product-related functionality to the extent reasonably necessary for security, safety, fraud prevention, legal compliance, or technical integrity, including where continued operation without modification may expose Sunsay, users, or third parties to material risk.
11. Product Data, Diagnostics, and Privacy
Product-Related Data. When a Smart Product is used with the App or connected services, it may generate, transmit, or receive Product-related and technical information such as device identifiers, firmware version, connection status, pairing status, battery level, diagnostic information, crash logs, usage signals, motion or interaction events, configuration data, troubleshooting data, and related technical information.
Purpose of Processing. Such information may be used for activation, authentication, support, troubleshooting, updates, security, fraud prevention, warranty administration, service improvement, analytics, and operation of the Product ecosystem, as further described in the Privacy Policy.
Privacy Policy Controls. All personal data collected or processed in connection with Product purchases, account linking, Product activation, shipping, billing, customer support, returns, refunds, warranty claims, diagnostics, and Smart Product usage is governed by the Privacy Policy.
Conflict Rule. If there is any conflict between these Product Terms and the Privacy Policy regarding personal data processing, the Privacy Policy will control with respect to such processing.
12. Product-Specific Disclaimers
Spirituality and Wellness Context. Sunsay Products are designed for personal spirituality, reflection, mindfulness, entertainment, ritual support, and general wellness-oriented use only.
No Medical or Therapeutic Purpose. The Products are not medical devices, are not intended for diagnosis, treatment, monitoring, cure, or prevention of any disease or condition, and are not intended to replace professional medical, psychiatric, psychological, therapeutic, legal, tax, financial, or other regulated professional advice.
No Guaranteed Outcomes. Sunsay does not guarantee any particular emotional, spiritual, wellness, behavioral, reflective, or personal development outcome from use of the Products, whether used alone or with the App.
No Emergency or Crisis Reliance. You must not rely on any Product, Smart Product feature, or Product-App interaction in any emergency, crisis, or safety-critical circumstance.
Performance Limitations. Smart Product performance may be affected by sensor limitations, environmental conditions, operating system compatibility, battery state, wireless interference, account status, subscription status, and third-party platform limitations.
App Outputs Governed by ToS. Any AI-generated output, interpretation, message, reflection, suggestion, guidance, or other digital content delivered through the App or services is governed by the ToS and not by these Product Terms.
13. Disclaimer of Warranties
General Disclaimer. Except for the express limited warranty set out in Section 8 and to the maximum extent permitted by applicable law, the Products are provided "as is" and "as available," without any warranties of any kind, whether express, implied, statutory, or otherwise.
Implied Warranties. To the maximum extent permitted by applicable law, Sunsay disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
Mandatory Law Carve-Out. Where mandatory law does not permit exclusion of certain warranties, such warranties are limited to the minimum extent permitted by law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Sunsay and its affiliates, licensors, suppliers, service providers, and their respective officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or cost of substitute products or services, arising out of or relating to the Products or these Product Terms. To the maximum extent permitted by applicable law, Sunsay's total aggregate liability arising out of or relating to the Products or these Product Terms will not exceed the amount you paid to Sunsay for the specific Product giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim. The liability limitations in these Product Terms form an essential basis of the bargain between you and Sunsay and apply regardless of the form of action, whether in contract, tort, strict liability, statute, or otherwise.
15. International Sales and Consumer Rights
Global Application. Sunsay may offer Products in multiple jurisdictions, and these Product Terms are intended to provide a general framework for global sales.
Local Variations. Certain Product rights, remedies, restrictions, disclosures, and procedures may vary by country, state, province, or region based on mandatory consumer, warranty, product conformity, e-commerce, or distance-selling laws.
Mandatory Rights Preserved. Nothing in these Product Terms excludes, waives, or limits any mandatory rights you may have under applicable law, including statutory warranty rights, withdrawal rights, conformity rights, local refund rights, consumer guarantees, or other non-waivable protections.
Regional Annexes. Certain jurisdictions may provide additional rights and protections to consumers that cannot be limited or excluded. Where required by applicable law, Sunsay will comply with such rights, including applicable consumer protection, warranty, and return requirements. Additional country- or region-specific terms may apply and will be made available as applicable.
16. Governing Law and Dispute Resolution
ToS Framework. Unless Sunsay expressly states otherwise, any dispute, claim, or controversy arising out of or relating to the Products or these Product Terms will be governed by the same governing law and dispute resolution framework set out in the ToS, including any arbitration provisions, forum provisions, and class action waiver provisions, except to the extent prohibited by applicable law.
Mandatory Local Rights. Nothing in this Section prevents you from relying on mandatory local consumer protections or from bringing claims in a forum required by applicable law where such rights cannot be waived.
17. Changes to Products and Product Terms
Changes to Products. Sunsay may improve, modify, discontinue, or replace Products, features, packaging, accessories, or configurations from time to time.
Updates to Product Terms. Sunsay may revise these Product Terms by posting an updated version on its website, App, or other relevant sales channel.
Effect of Revisions. The version of the Product Terms in effect at the time of your order will apply to that order, unless a later version is required by law or expressly made applicable to ongoing Product use in a manner permitted by law.
18. General Provisions
Relationship to Other Terms. These Product Terms govern purchase-related and Product-specific matters. The ToS govern the App, subscription, AI companion, and digital services. The Privacy Policy governs personal data processing.
Order of Precedence. If there is a conflict between these Product Terms and the ToS on a Product-specific matter (including purchase, delivery, returns, refunds, warranties, and Product-related liability), these Product Terms control for that matter. For all other matters, including dispute resolution, governing law, and general limitations of liability, the ToS shall control. If there is a conflict regarding personal data processing, the Privacy Policy controls.
Entire Agreement. These Product Terms, together with the ToS, Privacy Policy, order confirmation, and any Product-specific terms presented at checkout, constitute the entire agreement between you and Sunsay with respect to the Products.
No Waiver. Any failure by Sunsay to enforce any provision of these Product Terms will not constitute a waiver of that provision or any other provision.
Assignment. You may not assign or transfer these Product Terms without Sunsay's prior written consent. Sunsay may assign these Product Terms, in whole or in part, in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of law.
Severability. If any provision of these Product Terms is held unlawful, unenforceable, or invalid, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Electronic Communications. You agree that Sunsay may provide notices, disclosures, and communications relating to these Product Terms and your Product purchases electronically, including by email, through the App, through your account, or by posting to Sunsay's website.
Force Majeure. Sunsay will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, cyberattacks, supply chain disruptions, labor disputes, transportation failures, power outages, governmental actions, customs delays, epidemics, pandemics, or failures of third-party service providers.
Contact Information. For Product support, shipping inquiries, returns, warranty claims, or questions about these Product Terms, please contact: contact@sunsay.com.