TERMS OF SERVICE

1. Acceptance of Terms

These Terms of Service (“Terms”) are a legal agreement between you and SunHour Capital, LLC (“SunHour Capital,” “we,” “us,” or “our”). By accessing or using sunhourcapital.com or our applications, automation systems, integrations, consulting, marketing, or related services (collectively, the “Services”), you agree to these Terms. If you use the Services for an organization, you represent that you have authority to accept these Terms for that organization.

If you do not agree to these Terms, do not use the Services. Separate written agreements, proposals, statements of work, or order forms may apply to particular paid Services. If a directly conflicting term appears in a signed agreement, that agreement controls for the subject of the conflict.

2. Description of Services

SunHour Capital may provide websites, software and automation functionality, AI-enabled services, business and marketing consulting, lead-response systems, integrations, and related implementation or support. Features and deliverables depend on the applicable service description or agreement. We may use third-party platforms and APIs to provide parts of the Services.

3. Eligibility

You must be at least 18 years old and able to enter into a binding agreement to use the Services. The Services are intended primarily for businesses and their authorized personnel. You may use the Services only in compliance with applicable law and these Terms.

4. User Responsibilities

You are responsible for information, instructions, approvals, credentials, and materials you provide; for the accuracy and legality of your use; for obtaining notices, permissions, and consents required for your communications or data; and for reviewing outputs before relying on or distributing them where appropriate. You must not misrepresent your authority to act for another person or organization.

5. Accounts and Authentication

Some Services may require an account or authentication through SunHour Capital or a third party. You are responsible for maintaining the confidentiality of credentials under your control and for activity conducted through your account. Promptly notify us if you reasonably believe an account or credential has been compromised. We may require identity or authority verification before processing certain requests.

6. Third-Party Services and Integrations

The Services may connect to or depend on third-party services. Your use of a third-party service is governed by that provider’s terms and policies, and you are responsible for maintaining any required third-party account or permission. SunHour Capital does not control and is not responsible for a third party’s independent services, acts, omissions, availability, or changes. A third-party change may affect SunHour functionality.

7. Google OAuth and Connected Services

Some Services may allow you to authenticate with a Google account or authorize access to Google services through Google OAuth. You are responsible for reviewing and approving the permissions presented through Google’s consent process. SunHour Capital will access Google user data only within the permissions you authorize and only for the relevant service functionality.

You may revoke authorization through your Google Account permissions or security settings. Your use of Google services remains subject to Google’s own terms and policies. Google does not sponsor, endorse, or partner with SunHour Capital merely because a Service supports Google authentication or an authorized Google integration.

Additional information about handling Google user data appears in our Privacy Policy.

8. Acceptable Use

You may not use the Services to:

• Violate law, regulation, court order, or another person’s rights.
• Send unlawful, deceptive, abusive, harassing, or unauthorized communications.
• Introduce malware, probe or bypass security, disrupt systems, or gain unauthorized access.
• Impersonate another person or misrepresent affiliation, consent, or the source of content.
• Collect, process, or disclose information without required authority, notice, or consent.
• Reverse engineer or misuse the Services except where applicable law expressly permits it.
• Use automated functionality in high-risk contexts without appropriate human review and safeguards.

9. AI and Automated Systems

Some Services use artificial intelligence, rules-based automation, or third-party APIs. Automated outputs can be incomplete, inaccurate, outdated, or inappropriate for a particular context. You remain responsible for reviewing outputs where appropriate and for decisions or communications made using them.

Automated systems must not be relied upon as professional legal, medical, financial, or emergency advice. They are not a substitute for qualified professionals or emergency services. Functionality may depend on third-party APIs and services, and availability is not guaranteed to be uninterrupted or error-free.

10. Intellectual Property

SunHour Capital and its licensors retain ownership of the Services, underlying software, designs, documentation, methods, trademarks, and other materials, excluding Customer Content as defined below. Subject to these Terms and any applicable paid-service agreement, we grant you a limited, nonexclusive, nontransferable, revocable right to use the Services for their intended business purpose during the applicable service term. No rights are granted by implication.

11. Customer-Provided Content and Data

“Customer Content” means content, data, instructions, and materials you provide or authorize for use with the Services. As between you and SunHour Capital, you retain your rights in Customer Content. You grant SunHour Capital permission to host, process, transmit, reproduce, and otherwise use Customer Content only as reasonably necessary to provide, secure, support, and improve the Services or as otherwise directed or agreed.

You represent that you have the rights and permissions necessary to provide and use Customer Content. Our handling of personal information is also described in the Privacy Policy.

12. Fees and Paid Services

Fees, billing schedules, payment terms, renewal terms, taxes, cancellation terms, and refund rights for paid Services will be described in the applicable proposal, order form, invoice, statement of work, or other service agreement. You agree to pay undisputed amounts when due. We may suspend a paid Service for overdue amounts after reasonable notice, subject to any controlling agreement and applicable law.

13. Third-Party Links

The website or Services may contain links to third-party websites or resources for convenience. A link does not imply endorsement, sponsorship, or control. Your use of third-party websites is at your discretion and subject to their own terms and privacy practices.

14. Service Availability and Changes

We may maintain, update, change, suspend, or discontinue features of the Services. We will use reasonable efforts to communicate material changes to active paid Services where appropriate, subject to any separate agreement. Downtime may result from maintenance, security needs, third-party outages, internet conditions, or events beyond reasonable control.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SUNHOUR CAPITAL DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AUTOMATED OUTPUTS WILL BE ACCURATE OR PRODUCE A PARTICULAR BUSINESS RESULT.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNHOUR CAPITAL AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNHOUR CAPITAL’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID SUNHOUR CAPITAL FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF YOU PAID NOTHING FOR THAT SERVICE, THE AGGREGATE LIMIT WILL BE ONE HUNDRED U.S. DOLLARS ($100). These limitations apply regardless of the theory of liability but do not apply where prohibited by law.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless SunHour Capital and its members, officers, employees, contractors, and agents from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Services, your Customer Content, your violation of these Terms, or your infringement of another person’s rights. SunHour Capital will provide reasonable notice of a covered claim and permit you to control the defense, provided that you may not settle a claim in a manner that admits fault by or imposes an obligation on SunHour Capital without our written consent.

18. Termination

You may stop using the Services at any time, subject to commitments in an applicable paid-service agreement. We may suspend or terminate access if you materially violate these Terms, create a security or legal risk, fail to pay applicable fees, or if continuing the Service is no longer reasonably practicable. Where appropriate, we will provide notice and an opportunity to cure. Provisions that by their nature should survive termination—including intellectual property, payment obligations, disclaimers, liability limitations, indemnification, and governing law—will survive.

19. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except where applicable law requires otherwise. These Terms do not create a mandatory arbitration requirement.

20. Changes to These Terms

We may update these Terms to reflect changes in the Services, business practices, or law. The “Last Updated” date will identify the latest revision. If a change materially affects an active Service, we may provide additional notice where appropriate. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.

21. Contact

Related: Privacy Policy