Terms of Service

Last updated October 13, 2026

These Terms of Service, as amended from time to time (the “Terms”), form a legally binding agreement between Sunsay, Inc. and its affiliates (“Sunsay”, “we”, “our” or “us”), and you, the individual who accesses or uses the Services (“User” or “you”). Sunsay and the User are each a “Party” and together the “Parties”.

The “Services” means Sunsay’s website (the “Website”), mobile application (the “App”), and all related features, content, tools, subscription tiers including any paid or free tier plan that grants access to specific features and functionalities of the Services (the “Subscription") and other offerings provided by Sunsay, including a conversational AI experience centered on spiritual exploration, reflection and personal growth, which allows you to interact with an AI model trained by or for Sunsay (the “AI Companion”). Sunsay also offers a marketplace through which users may purchase physical products such as sensor-based cubes or other compatible devices, dice, candles and other items related to the spiritual exploration experience (collectively, the “Products”). The Services' functionality may be significantly limited or unavailable without compatible Products. Purchases through the marketplace and the use of Products are subject to separate terms of sale (the “Product Terms of Sale”), which govern all terms relating to Product purchases, including refunds, returns, shipping, warranties and related matters.

By accessing or using the Services, you acknowledge and agree to be bound by: (a) these Terms; (b) any details relating to your Account or Subscription as presented at sign-up and within the Services; and (c) any additional guidelines, terms or rules published by Sunsay within the Services, including Sunsay's Privacy Policy available at www.sunsay.com/privacy-policy (the “Privacy Policy”). These Terms, together with the Privacy Policy, the Product Terms of Sale and any policy published by Sunsay within the Services, constitute a legally binding agreement between you and Sunsay (the “Agreement”).

Please read these Terms carefully, especially Section 6 (AI Nature and Limitations Disclaimer), Section 14 (Limitation of Liability) and Section 16 (Dispute Resolution), which explain important limitations regarding the Services, our responsibility and your rights. If you do not agree to these Terms, you may not register an account or otherwise use or access the Services.

1. Services.

Subject to the terms and conditions of this Agreement, Sunsay hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to access and use the Services for your personal, non-commercial use. The Services are licensed, not sold. Sunsay and its licensors retain all right, title and interest in and to the Services, and all related intellectual property. Sunsay may modify, replace, update, suspend, remove or discontinue any features or functionalities of the Services at any time, including for technical, security, legal, or operational reasons. Basic features may be available through free or limited tiers, while certain features may require a paid Subscription; the features and functionalities available to you will depend on your selected Subscription tier. Sunsay may offer different Subscription tiers from time to time. Subject to applicable law and app store policies, all subscription purchases are final and non-refundable. The marketplace is accessible through the App or the Website, and purchases made through it are governed separately by the Product Terms of Sale.

The availability of certain features, disclosures, or user rights may vary depending on your jurisdiction. As required by applicable law, Sunsay may, in its sole discretion, implement jurisdiction-specific restrictions, features, disclosures, consent mechanisms, or other requirements through the Services. Such variations may be updated from time to time and may include, without limitation, modified functionality, additional notices, opt-out rights, or other measures that Sunsay determines are necessary or appropriate to comply with applicable law or to address regulatory requirements in specific jurisdictions. Your continued use of the Services following any such changes constitutes your acceptance of those changes.

Sunsay operates the marketplace as a platform. Third-party sellers are independent and are not employees, agents or representatives of Sunsay. Sunsay is not a party to any transaction between you and a third-party seller. Purchases from third-party seller are subject to the applicable third-party seller’s own terms, conditions and policies and you are responsible for reviewing those terms before purchasing. Sunsay does not endorse, warrant or guarantee any Products offered by third-party sellers, including their quality, safety, legality or fitness for any purpose. Any dispute arising from a purchase from a third-party seller is between you and the third-party seller. Sunsay reserves the right to remove any third-party seller or its Products from the marketplace at any time, in its sole discretion. Third-party seller may collect information from you in connection with transactions; such collection is governed by the applicable third-party seller's privacy policy.

2. Account Registration and Security.

By creating an Account through the Services or otherwise accessing or using the Services (the “Account”), you represent and warrant that: (i) all information you provide during registration is accurate, complete, and current, and that you are legally entitled to provide such information without breaching any obligations or violating any rights of third parties; (ii) you meet the age requirements set forth in Section 17 (Minors) and reside in a jurisdiction where use of the Services is lawful; (iii) you have full legal capacity to enter into these Terms or have obtained the required parental or guardian consent in accordance with Section 17 (Minors); (iv) you have not been previously suspended or terminated from the Services; (v) you will use the Services only in compliance with all applicable laws, regulations and these Terms; and (vi) you will successfully complete any email verification and create an Account, as required.

You are solely responsible for maintaining the confidentiality, security, and integrity of your login credentials, and for restricting access to your device and Account. You must take all reasonable steps to prevent unauthorized access, including safeguarding your password and preventing others from using your Account. You agree to notify us immediately if you become aware of or suspect any unauthorized access to your Account, your credentials, or the Services. You acknowledge that you are solely responsible for all activities conducted through your Account, whether or not authorized by you. Sunsay will not be liable for any loss or damage arising from your failure to comply with these obligations.

We reserve the right to verify your account registration details at any time by requesting copies of identification documents, proof of address, or proof of payment method. We may refuse, limit or terminate your Account or access to the Services if we believe, in our sole discretion, that the above conditions are not met, your Account has been compromised, is being misused, or is otherwise in violation of these Terms.

The Services are intended for users aged sixteen (16) and above, subject to the requirements set forth in Section 17 (Minors).

3. User Conduct.

You agree to use the Services in a lawful, responsible and respectful manner. You must not: (i) generate, request, upload, share or otherwise engage with content that is illegal, infringing, defamatory, hateful, harassing, threatening, discriminatory, exploitative, obscene, vulgar, sexually explicit, pornographic, inciting violence, or otherwise objectionable, including any content involving minors or that could reasonably be seen as grooming, exploitation or endangerment; (ii) seek instructions or encouragement to harm yourself or others, use the Services as an emergency or crisis service, or generate content intended to promote, glorify or facilitate self-harm, suicide or harm to others; (iii) seek instructions for illegal activities, including how to obtain, manufacture or use illegal drugs, weapons, explosives or other unlawful items; (iv) seek or provide medical, psychological, therapeutic, legal, financial, tax, investment or other regulated professional advice, diagnosis, prescriptions or treatment, or use the Services as a substitute for qualified professional care, or delay or avoid seeking such care; (v) harass, threaten, embarrass or abuse any person, or use racially, religiously or sexually offensive language; (vi) impersonate any person or entity, falsely state or misrepresent your identity or your affiliation with any person or entity, or attempt to represent yourself as an employee, contractor or agent of Sunsay; (vii) engage in gambling activities or facilitate payments relating to gambling, or solicit or promote the sale or purchase of securities or other regulated financial instruments; (viii) post, store or transmit advertising, promotional material or solicitations of goods or services; (ix) violate or infringe any third party's rights, including intellectual property, privacy or publicity rights, or violate any applicable laws, regulations or industry standards; (x) engage in any conduct that could reasonably be considered a criminal offense, give rise to civil liability, or otherwise harm Sunsay, the Services or any user; or (xi) submit, upload or otherwise share through the Services any sensitive personal data about yourself or others (such as information about health or medical conditions, biometric identifiers, religious or philosophical beliefs, political opinions or sexual orientation), except where you voluntarily choose to do so as part of your interaction with the Services, in which case such data will be processed in accordance with our Privacy Policy.

4. Monitoring and Enforcement.

Sunsay reserves the right, but is not obligated, to monitor your use of the Services and to review content generated through or submitted to the Services. Such monitoring may be conducted for purposes including safety, content moderation, technical support, diagnostics, and improvement of the Services. If Sunsay believes, in its sole discretion, that your use violates these Terms, poses a risk to any person or to the Services, or is otherwise inappropriate, Sunsay may take any of the following actions: (i) remove or disable access to any content; (ii) suspend or terminate your access to the Services; and/or (iii) report unlawful conduct to relevant authorities.

5. Use of the Services with Your Device.

Use of the Services is only available through a compatible device with internet access. You are solely responsible for ensuring that your device and operating system are compatible with the Services, installing updates and new versions of the Services as they become available, and any data or connectivity charges imposed by your telecommunications provider. We make no warranties regarding the availability or quality of telecommunications services from your provider, your ability to access the Services at any particular time or location, or the security or integrity of data transmitted over third party networks.

6. AI Nature and Limitations Disclaimer.

You acknowledge and agree that:

1. Automated AI system. The Services and the AI Companion operate through automated artificial intelligence systems that generate responses without human review or intervention. The AI Companion does not understand you, evaluate your circumstances or reason like a human expert. The outputs you receive are generated based on statistical and probabilistic patterns in data, limited by the training data and technical constraints of the model, and on the context provided in each interaction, and are not tailored by a human professional to your full personal circumstances.

2. No human expert, no verification. The AI Companion does not “know” you in any human sense and does not act as a human expert, advisor, therapist, religious authority, coach or counselor. No human reviews or adjusts the outputs for accuracy, suitability or safety prior to their delivery to you. Unless explicitly stated otherwise, Sunsay does not validate, verify or independently check the accuracy of any information you provide. Apart from verifying your email address during account creation, we rely on the information you submit as is, and the AI Companion generates outputs solely based on that unverified information.

3. Non-professional, interpretive outputs only. AI generated outputs may be incomplete, incorrect, inconsistent, ambiguous, biased, outdated or open to multiple interpretations, even when presented in confident language. The same input may produce different outputs at different times. The AI Companion cannot determine whether you misunderstood, misdescribed, exaggerated or omitted relevant information. All responses are non-professional, non-authoritative, non-factual reflections generated by an AI system, intended for entertainment, reflection and personal exploration only. The Sunsay experience, including any readings, symbols or interpretations generated through the Services, is intended as a symbolic and reflective framework for personal exploration. Sunsay does not represent that any such symbol, result or interpretation reveals objective truth, predicts future events, determines outcomes, or has supernatural, scientific, religious or professional authority. They are not a substitute for in person or remote professional advice, diagnosis, treatment or judgment of any kind, and must not be treated as or substitute medical diagnosis or treatment, mental health, therapeutic or psychological advice, legal advice, financial, tax or investment advice, crisis related guidance, or any other form of regulated professional advice. You must not interpret any output as a command, obligation, prediction or deterministic statement about you, your future or any third party. You are solely responsible for evaluating any output, for deciding whether and how to act on it, and for all decisions and actions you take or do not take. Any reliance you choose to place on the Services is entirely at your own risk. Sunsay does not warrant or guarantee that any impressions, reflections, themes, “readings” or statements generated through the Services or by the AI Companion will be accurate, complete or will materialize in any way, and you acknowledge that outcomes in your life depend on your own choices and external factors outside Sunsay’s control.

4. No professional relationship and limited duty of care. No medical, psychological, therapeutic, legal, financial, tax, religious, pastoral or other professional relationship of any kind is created between you and Sunsay or between you and the AI Companion. Sunsay has no duty of care to you in relation to professional standards applicable to doctors, psychologists, therapists, attorneys, financial advisors, clergy or other regulated or licensed professionals, and you waive any claim to the contrary to the maximum extent permitted by law. You acknowledge that the Services do not provide, and you must not treat any output as, medical, psychological, therapeutic, legal, financial, tax, investment, security, employment or other regulated advice, diagnosis, treatment, recommendation or opinion. You must seek advice from appropriately qualified and licensed professionals in relation to any questions or decisions in these areas.

5. No emergency or crisis use. The Services are not intended or suitable for use in emergencies or crisis situations of any kind, including medical emergencies, mental health crises (such as suicidal thoughts, self-harm or harm to others), or situations involving an imminent risk of danger. You must not rely on the Services, on any response time, or on any particular outputs for such situations. If you are in danger or in need of urgent help, you must immediately contact local emergency services, crisis hotlines or other appropriate authorities.

6. Safety features and circumvention. The Services incorporate technical, content moderation and safety measures designed to reduce harmful or inappropriate outputs, including content related to self-harm, sexual material and other sensitive topics. You are expressly prohibited from attempting to circumvent, bypass, disable, manipulate or otherwise interfere with these safety features, content filters, or moderation systems. These protections are not infallible and cannot guarantee the prevention of all harmful, offensive, or undesirable content. If you attempt to circumvent these safeguards, which is prohibited under these Terms, you may be exposed to harmful, offensive, or inappropriate content, and such circumvention may result in immediate suspension or termination of your Account. You acknowledge and agree that you are solely responsible for how you use the Services, for evaluating and filtering any outputs you receive, and for immediately disengaging from any content that you find harmful, offensive, triggering, or inappropriate for any reason.

7. Payment.

This Section applies to paid Subscriptions and any purchases made through the App, the Website or through authorized third-party seller. For purchases of Products, including any terms relating to refunds, returns, shipping and warranties, please refer to the Product Terms of Sale. For purchases from third-party sellers, payment processing, refunds and related terms may be subject to the applicable third-party seller’s policies in addition to the terms set forth herein. Payments are processed through third party payment processors and/or app store providers (each, a “Payment Provider”). You authorize Sunsay and our Payment Providers to charge your selected payment method for all amounts due in connection with your Subscription and any purchases made through the Services. Sunsay does not store your full credit card number. All payments are processed separately by the applicable Payment Provider. All payment-related terms, including any refunds processed through an app store, may be subject to the terms and conditions, including privacy policies and other applicable agreements of the relevant Payment Provider in addition to these Terms. You are responsible for ensuring that your payment information is accurate and up to date, and that you are authorized to use the selected payment method. If a payment attempt fails, we may suspend or terminate your access to the Services until payment is successfully collected. You agree to pay all fees and charges incurred in connection with your Subscription and any purchases made through the Services at the rates in effect when the charges were incurred. In the event that your Subscription is canceled or unfulfilled for any reason, your account will be credited accordingly. If a payment method is invalid, and you incur any past due amounts, Sunsay reserves the right to charge any payment methods previously provided by you for any past due amounts (including any taxes and late fees) until such amounts are paid in full. Unless otherwise stated through the Services or required by applicable law: (i) your Subscription will automatically renew at the end of each billing period (for example, monthly or annually) at the then current price, unless you cancel it before renewal; (ii) you can cancel your Subscription at any time through the Services or through your app store account settings; (iii) subscription fees are non-refundable, except where required by applicable law or by the policies of the relevant Payment Provider or app store. Payments for Sunsay Products are governed by the Product Terms of Sale.

8. Recordings, Transcripts and Third-Party Services.

All collection and processing of personal data in connection with recordings, transcripts, logs and related data under this Section will be carried out in accordance with our Privacy Policy. To operate, maintain, secure and improve the Services, Sunsay may store transcripts, logs, metadata and usage patterns from your interactions with the AI Companion, and may record and store audio from any voice-based sessions (where applicable). Such data may be associated with your Account or technical identifiers and is stored on internal or controlled servers. Sunsay does not sell transcripts or recordings to third parties for their independent commercial use. Sunsay may use this data internally, including to operate, maintain, improve and train its models, safety systems and related technologies, and may share it with service providers and sub-processors under appropriate agreements, as described in the Privacy Policy. Sunsay does not sell or share personal data, including transcripts or voice recordings, for third parties’ independent commercial purposes, as further described in the Privacy Policy. Some human personnel of Sunsay or its service providers may review limited samples of recordings or transcripts for these purposes, for example to investigate abuse reports, security issues, or to improve safety systems. The Services may rely on or integrate with third party tools, platforms, processors, communication systems, analytics providers or other services (collectively, “Third Party Services”). These third parties may store or process recordings, transcripts or related data subject to their own terms and privacy policies. Sunsay does not control and is not responsible for any Third Party Services and is not liable for their acts, omissions or performance, except as required by applicable law. Your use of the Services constitutes your acknowledgment that such third parties may hold or process data associated with your use of the Services and that your use of Third Party Services is solely at your own risk. The Services may contain links to or content from third party websites, services or resources. Sunsay does not endorse, control or assume any responsibility for such third-party content, and your dealings with third parties are solely between you and them. Any marketing or analytics activities conducted through Third Party Services are performed solely on Sunsay’s behalf and under its instructions, and such third parties are not permitted to use personal data for their own independent purposes. Sunsay will not be liable for any loss or damage arising from your access to or use of any third-party websites, services or resources.

If you have downloaded the App from Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that these Terms are between you and Sunsay only, not with Apple, and Apple is not responsible for the Services or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

9. Privacy.

Sunsay may collect, use and process personal data about you when you create an Account or use the Services. All collection and processing of personal data is governed by the Privacy Policy. You should review the Privacy Policy carefully before using the Services. By using the Services or providing personal data to Sunsay, you represent and warrant that you have provided all required notices and obtained all necessary consents under applicable law to allow Sunsay to collect, use, store and process such personal data in accordance with the Privacy Policy.

10. Intellectual Property.

Sunsay retains all rights, title, and interest in and to the Services and all related software, content, features, designs, and intellectual property, including any updates, enhancements, improvements, or derivative works. Your right to use the Services is limited to the scope expressly permitted under these Terms. You may not: (i) reverse engineer, decompile, modify, copy, distribute, or create derivative works of the Services, except to the extent such restriction is prohibited by applicable law; (ii) interfere with or disrupt the operation or integrity of the Services, attempt to gain unauthorized access to the Services or its systems, or circumvent, disable or attempt to bypass any safety, content moderation, technical or usage protections in the Services; (iii) introduce viruses, worms, trojans, malicious code or other harmful or disruptive components into the Services; (iv) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services; nor use the Services in violation of any applicable laws or to transmit viruses, malware, or harmful code. To enable Sunsay to provide the Services, you grant Sunsay and its service providers a worldwide, non-exclusive, and non-transferable right, with the limited right to sublicense solely to Sunsay’s service providers, to use your text, audio, prompts, notes, and feedback (“User Data”) as necessary to operate, maintain, and improve the Services, including AI models, safety systems, and related technologies. You retain all rights in your User Data. The Services may generate text, images or other content in response to your User Data (“Output”). Sunsay makes no representation or warranty regarding the accuracy, completeness, legality, reliability, originality or fitness for any purpose of any Output, and all Output is provided on an “AS IS” basis without warranties of any kind. You are solely responsible for your use of Output, including for evaluating and verifying its accuracy, for ensuring that such use complies with applicable law, and for any decisions or actions you take based on Output. Due to the nature of AI systems, Output is generated based on User Data and model training and Sunsay does not guarantee that Output will be unique, accurate, complete, current, non-infringing or fit for any particular purpose. Other users providing similar User Data may receive similar or identical Output, and Sunsay does not represent or warrant that any Output is exclusive to you. You acknowledge and agree that you have no claim against Sunsay or other users based on similarities between Outputs. To the maximum extent permitted by applicable law, Sunsay disclaims all liability for any loss, damage, cost or expense arising from or related to your use of or reliance on any Output. Sunsay may generate aggregated or anonymized data derived from your use of the Services, which does not identify you and may be used for analytics, research, product improvement, or any other lawful purpose. Sunsay may freely use any feedback you choose to provide in connection with improving its products and services. You may not use the Services where such use is prohibited by applicable law, and you are solely responsible for ensuring that your use complies with all laws in your jurisdiction.

11. Confidentiality.

Each Party (“Recipient”) agrees to use any Confidential Information of the other Party (“Discloser”) solely for the purpose of this Agreement and to protect it with at least the same degree of care it uses to protect its own confidential information, but in no event with less than reasonable care. “Confidential Information” means any non-public business, technical or financial information that is identified or reasonably understood to be confidential under the circumstances. Confidential Information does not include personal data, which shall be handled exclusively in accordance with Sunsay’s Privacy Policy, or any information that: (a) was already lawfully known to the Recipient without restriction; (b) becomes publicly available without breach of this Agreement; (c) is independently developed by the Recipient without use of the Discloser’s Confidential Information; or (d) is rightfully received from a third party without restriction. The Recipient may disclose Confidential Information to its employees, advisors and service providers who need to know it in order to perform under this Agreement and are bound by confidentiality obligations no less protective than those set out herein. The Recipient remains fully responsible for their compliance. The Recipient may disclose Confidential Information if and to the extent required by applicable law or by order of a competent authority, provided that, where legally permitted, the Recipient gives the Discloser prompt notice and cooperates in seeking protective measures. The confidentiality obligations under this Section survive for three (3) years after termination of this Agreement, except for trade secrets, which shall remain protected for as long as they qualify as trade secrets under applicable law.

12. Representations and Warranties.

By using the Services, you represent and warrant that: (i) you will use the Services only in compliance with all applicable laws and regulations; (ii) you are solely responsible for any actions taken through your Account, and for any consequences arising from your use of the Services; and (iii) your use of the Services will not expose Sunsay to any regulatory, civil or criminal liability. THE SERVICES, THE AI COMPANION, ALL CONTENT AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SUNSAY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, OR ACCURACY. SUNSAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT ANY CONTENT, INCLUDING AI OUTPUTS WILL BE ACCURATE OR RELIABLE OR WILL MEET YOUR EXPECTATIONS OR NEEDS. SUNSAY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD-PARTY SELLERS THROUGH THE MARKETPLACE, INCLUDING THEIR QUALITY, SAFETY, LEGALITY, ACCURACY OF LISTINGS, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR DEALINGS WITH THIRD-PARTY SELLERS ARE AT YOUR OWN RISK. FOR WARRANTIES RELATING TO PRODUCTS, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, RETURNS AND REFUNDS, PLEASE REFER TO THE PRODUCT TERMS OF SALE. You acknowledge that your use of the Services is at your sole risk, and that Sunsay will not be responsible for any loss or damage resulting from your use of the Services, reliance on any content, or interactions with any third-party services accessible through the Services.

13. Indemnification.

You agree to indemnify, defend and hold harmless Sunsay, its affiliates and its and their employees, contractors, agents, officers and directors, from and against any claims, damages, liabilities, losses, or expenses (including reasonable attorney fees) arising out of or related to: (i) your use of the Services, or any person using your Account and password, in violation of these Terms; (ii) your breach of applicable law or third party rights; (iii) any User Data, content, or material you submit through the Services; (iv) your interactions with any third party through the Services; or (v) any transaction, dispute or interaction between you and any third-party seller. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

14. Limitation of Liability.

To the maximum extent permitted by law, Sunsay and its affiliates, officers, employees, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of data, business interruption, or the cost of substitute services, arising out of or related to your use of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Sunsay has been advised of the possibility of such damages. To the maximum extent permitted by law, Sunsay’s total aggregate liability for any and all claims arising out of or relating to these Terms or your use of the Services will not exceed the greater of: (a) the total amount you paid to Sunsay for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand (1,000) US dollars. Without limiting the foregoing, Sunsay will not be liable for any loss, damage, claim or expense arising out of or related to any product or service offered, sold, or fulfilled by a third-party seller, including the quality, safety, legality, or delivery of such products or services, or any act or omission of a third-party seller. Without limiting the foregoing, Sunsay will not be liable for any harm, loss or damage of any kind (including emotional, spiritual, psychological, relational, financial or reputational) that you allege to have suffered as a result of: (i) following, relying on or acting in accordance with any output, suggestion, reflection or statement generated by the Services or the AI Companion, including in relation to self-harm, relationships, sexuality, career, finances or legal matters, or (ii) choosing not to seek, or delaying seeking, professional advice or emergency help. These limitations of liability apply to all claims, regardless of the legal theory, to the maximum extent permitted by applicable law.

15. Term and Termination.

The Agreement between you and Sunsay begins when you first access or use the Services, and will remain in effect until terminated. Sunsay may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason or no reason, with or without prior notice, including if Sunsay believes that you have violated these Terms, have posed a risk to the Services or other users, if Sunsay discontinues the Services or any part of it, or for any other reason permitted by law. You may terminate your Subscription at any time through the Services or your device settings. Upon termination of the Agreement for any reason: (i) your right to access and use the Services will immediately cease; and (ii) Sunsay may delete or anonymize your Account and related data in accordance with the Privacy Policy and applicable law. Termination of your Account does not entitle you to any refund of fees already paid, unless required by applicable law. The following provisions shall survive termination or expiration of this Agreement: Sections 6 (AI Nature and Limitations Disclaimer), 8 (Recordings, Transcripts and Third-Party Services), 9 (Privacy), 10 (Intellectual Property), 11 (Confidentiality), 12 (Representations and Warranties, including warranty disclaimers), 13 (Indemnification), 14 (Limitation of Liability), 16 (Dispute Resolution), and 18 (General), together with any other provisions which by their nature are intended to survive termination, including provisions relating to ownership, restrictions on use, data retention and the effects of termination.

16. Dispute Resolution.

1. Governing Law. This Agreement and any dispute, claim or controversy arising out of or relating to the Services or this Agreement, including the formation, interpretation, breach, termination, enforcement or validity thereof (collectively, “Disputes”), shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and, to the extent not preempted by the FAA, the laws of the State of New York, without regard to its conflict of law principles. To the extent any Dispute is not subject to arbitration under this Section and proceeds in court, the parties irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in New York County, New York, and waive any objection to such jurisdiction or venue, including on the basis of inconvenient forum.

2. Agreement to Arbitrate. Except as expressly provided in this Section, you and Sunsay agree that any Dispute shall be resolved exclusively by final and binding individual arbitration and not in a court of law. This agreement to arbitrate is intended to be broadly interpreted and applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction, without waiving the right to arbitrate, where necessary to prevent irreparable harm pending the resolution of a Dispute, including in connection with actual or threatened infringement, misappropriation or other violation of intellectual property or proprietary rights. Either party may also bring an individual action in small claims court if the claim qualifies and remains on an individual basis. To the extent any Dispute proceeds in court rather than arbitration, you knowingly and voluntarily waive any right to a trial by jury. This arbitration agreement survives termination of this Agreement and your use of the Services.

3. Informal Dispute Resolution. Before initiating arbitration, the party asserting a Dispute must first send the other party a written notice describing the nature and basis of the claim and the relief sought. Notices to Sunsay must be sent to the contact address listed in the Services or on Sunsay’s website. The parties agree to attempt to resolve the Dispute informally for at least thirty (30) days after receipt of the notice before initiating arbitration.

4. Arbitration Procedures. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules in effect at the time the arbitration is initiated. If AAA is unavailable, the parties shall mutually agree on an alternative nationally recognized arbitration provider. Payment of filing, administration and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs except as otherwise provided by applicable law or awarded by the arbitrator.

   If your claim does not exceed ten thousand (10,000) US dollars, the arbitration will be conducted solely on the basis of written submissions, unless you request a hearing or the arbitrator determines that a hearing is necessary. Any hearing may be conducted by video conference, telephonically, or in person in the county of your residence or another mutually agreed location.

   The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this arbitration agreement, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the class action waiver set forth below.

   The arbitrator may award any relief available in a court under applicable law, but only on an individual basis and only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

5. Class Action and Representative Action Waiver. To the fullest extent permitted by applicable law, you and Sunsay agree that any arbitration or court proceeding shall be conducted only on an individual basis and not in a class, collective, consolidated, representative or private attorney general action. You waive any right to participate in a class action lawsuit or class wide arbitration against Sunsay. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If the class action waiver in this Section is found to be unenforceable with respect to a particular claim or request for relief, that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction, but the remainder of this Section shall remain in full force and effect.

6. Mass Arbitration Procedures. If twenty five (25) or more similar arbitration claims are asserted against Sunsay by the same or coordinated counsel, or are otherwise coordinated, the parties agree that such claims shall be administered in staged batches of up to twenty five (25) claimants at a time. No other claims may proceed in arbitration until the prior batch has been resolved. This provision is intended to promote the fair and efficient administration of claims.

7. Opt Out Right. You may opt out of this arbitration agreement by sending written notice to Sunsay within thirty (30) days of first accepting these Terms. The notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opt-out notices must be sent by email to contact@sunsay.com or by mail to: Sunsay, Inc., Attn: Legal - Arbitration Opt-Out, 850 New Burton Rd, Ste 201, Dover, DE 19904, United States. If you opt out, neither you nor Sunsay will be bound by this arbitration agreement.

8. International Users. If you are habitually resident in the European Economic Area or the United Kingdom, nothing in this Section limits any mandatory consumer protection rights you may have under the laws of your country of residence, including your right to bring proceedings before the competent courts of your country of residence. To the extent that applicable law prohibits binding pre dispute arbitration or the waiver of class or representative actions, those provisions shall not apply to you.

17. Minors.

The Services are intended for individuals aged sixteen (16) and above. Individuals under the age of sixteen (16) are not permitted to use the Services under any circumstances. If you are between sixteen (16) and eighteen (18) years old, you may use the Services only if: (a) applicable law in your jurisdiction permits such use; and (b) where required by applicable law or at Sunsay’s discretion, you have obtained verifiable consent from a parent or legal guardian. If a parent or legal guardian consents to a minor’s use of the Services, that parent or guardian accepts full responsibility for: (i) the minor’s compliance with these Terms; (ii) all activities conducted through the minor’s Account; (iii) any purchases, charges, or fees incurred by the minor; and (iv) any content submitted by or interactions with the minor through the Services. The consenting parent or guardian agrees to supervise the minor’s use of the Services and acknowledges that the AI Companion is not designed or intended to provide content appropriate for all ages. Sunsay may implement age verification mechanisms and other measures to verify user age and, where applicable, parental or guardian consent, as required by applicable law or at Sunsay’s discretion. Sunsay reserves the right to request proof of age or parental consent at any time. If Sunsay determines, in its sole discretion, that a user does not meet the applicable age requirements or has not obtained required consent, Sunsay may immediately suspend or terminate that user’s Account and access to the Services without notice or liability. Sunsay does not knowingly collect personal data from individuals under the age of sixteen (16), and any such data collected inadvertently will be deleted promptly upon discovery.

18. General.

The Agreement, together with all exhibits and other agreements and policies expressly incorporated into it, constitutes the entire agreement between you and Sunsay regarding your use of the Services and supersedes all prior or contemporaneous understandings, whether written or oral, relating to its subject matter. In the event of any inconsistency between these Terms and the specific Subscription details presented to you at the time of activating your Subscription, the Subscription details shall prevail solely with respect to the applicable commercial terms, and these Terms shall prevail in all other matters. Sunsay will not be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, internet outages, strikes, supplier failures, or governmental actions. All notices and communications under this Agreement may be provided electronically, including through notifications within the Services, email, or updates published within the Services. You consent to receive these electronic communications, which may include information about your Account and Subscription, security alerts and technical notices, changes to these Terms or to the Privacy Policy, or other information that we are required to provide you by law. Notices are deemed received when sent. Nothing in this Agreement creates a partnership, joint venture, agency relationship, or employment relationship between you and Sunsay. You and Sunsay are independent contractors. Sunsay may amend these Terms at any time by publishing an updated version in the Services or on Sunsay’s website. Your continued use of the Services after the updated Terms are published constitutes your acceptance of the updated Terms. Any waiver of a right under this Agreement is valid only if made in a signed writing and shall not be interpreted as a waiver of any other rights. Failure by Sunsay to enforce any right shall not be deemed a waiver. You may not assign or transfer your rights or obligations under this Agreement without Sunsay’s prior written consent. Sunsay may assign or transfer this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section shall be void. The Services use the GeoNames geographical database. GeoNames data is used under the Creative Commons Attribution 4.0 License, available at https://creativecommons.org/licenses/by/4.0/. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The Parties shall replace the invalid provision with a valid one that most closely reflects the original intent.