Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legal agreement between you (the subscribing business entity and its authorized users) and Sunship, LLC ("SunShip," "we," "us," or "our"). These Terms govern your access to and use of the SunShip platform, including sunshipsales.com and the SunShip mobile applications (iOS and Android) (collectively, the "Platform").

By creating an account, subscribing to the Platform, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business to these Terms.

If you do not agree to these Terms, do not use the Platform.

2. Eligibility

The Platform is intended for business use. By using the Platform, you represent that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You will use the Platform only for lawful business purposes

3. Definitions

• "Account Owner" – The individual or business that creates the account and is responsible for billing.
• "Authorized User" – Any individual granted access to the Platform by the Account Owner (including through seat assignments).
• "Seat" – A license for one Authorized User to access the Platform.
• "Platform Data" – All data entered into or generated through your use of the Platform, including leads, door knocking records, deals, appointments, notes, and documents.

4. Account Registration

To use the Platform, you must create an account with accurate and complete information. You agree to:

• Provide truthful registration information
• Maintain the security of your login credentials
• Not share accounts or credentials between individuals
• Notify us immediately at support@sunshipsolar.com if you believe your account has been compromised
• Accept responsibility for all activities that occur under your account

5. Subscription Plans and Pricing

The Platform is offered on a subscription basis with the following options:

• Monthly Plan: Billed monthly per seat. Includes a 30-day free trial for new accounts.
• Annual Plan: Billed annually per seat at a discounted rate. No free trial; payment is due at time of purchase.

Current pricing is available at sunshipsales.com/pricing. Pricing is subject to change. We will provide notice of pricing changes before your next billing cycle.

6. Seats

• Each Authorized User requires one Seat.
• A minimum of one (1) Seat is required to maintain an active subscription.
• Account Owners may add or remove Seats at any time.
• Adding Seats will result in prorated charges for the current billing period.
• Removing Seats will reduce your subscription at the next billing cycle.

7. Free Trial

New accounts on the Monthly Plan receive a 30-day free trial. During the trial:

• You have full access to Platform features
• No payment is charged until the trial ends
• You may cancel at any time during the trial without charge
• If you do not cancel, your payment method will be charged automatically when the trial ends

The Annual Plan does not include a free trial. Payment is required at signup.

8. Billing and Auto-Renewal

• Subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled.
• By subscribing, you authorize us to charge your payment method on file for all subscription fees.
• Billing is processed through Stripe. Your payment information is handled by Stripe and subject to their terms and privacy policy.
• You are responsible for keeping your payment information current.
• If payment fails, we may suspend or terminate your access to the Platform.

9. Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@sunshipsolar.com.

• Cancellation takes effect at the end of your current billing period.
• You will retain access to the Platform until the end of the paid period.
• We do not provide refunds for unused time, partial months, or partial years.

10. No Refunds

All subscription fees are non-refundable. This includes:

• Monthly subscription fees
• Annual subscription fees
• Fees for additional Seats
• Any other charges

By subscribing, you acknowledge and agree to this no-refund policy.

11. Price Changes

We may change our pricing at any time. Price changes will take effect at your next billing cycle. We will notify you of any price changes before they take effect. Your continued use of the Platform after a price change constitutes acceptance of the new pricing.

12. License to Use the Platform

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

This license includes:

• Access to the web application at sunshipsales.com
• Access to the SunShip mobile applications (iOS and Android)
• Features and functionality available under your subscription plan

13. Restrictions

You agree not to:

• Copy, modify, or distribute the Platform software
• Reverse engineer, decompile, or disassemble any part of the Platform
• Sell, resell, sublicense, or transfer access to the Platform
• Use the Platform for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Platform or its systems
• Use automated scripts, bots, or scrapers on the Platform
• Interfere with or disrupt the Platform or servers
• Remove or alter any proprietary notices or labels
• Use the Platform to compete with SunShip or develop a competing product
• Share login credentials between multiple individuals
• Exceed any usage limits or abuse Platform resources
• Upload malicious code, viruses, or harmful content
• Harass, threaten, or abuse other users or SunShip personnel
• Enter false or misleading information

14. Data Ownership

Your Data

• You retain ownership of Platform Data that you and your Authorized Users enter into the Platform.
• You are responsible for the accuracy and legality of data you enter.
• You are responsible for obtaining any necessary consents from individuals whose information you enter into the Platform.

Our Data

• We own the Platform software, design, code, and all intellectual property.
• We may use anonymized, aggregated data for analytics, improvements, and benchmarking.

Data Export

• We do not currently offer automated data export functionality.
• You may manually copy your data at any time while your subscription is active.

15. Commission Calculations – ESTIMATES ONLY

16. Mobile Application

The SunShip mobile applications (iOS and Android) are part of the Platform and subject to these Terms.

Location Data

• The mobile app requests "Location When In Use" permission.
• Location data is collected only while you are actively using mapping and door knocking features.
• We do not collect location data in the background or when the app is closed.
• Location data is used to display territories and record door knock positions.

App Store Terms

• If you download the app from the Apple App Store or Google Play, you also agree to their respective terms of service.
• Apple and Google are not parties to these Terms and have no responsibility for the Platform.

Updates

• We may release updates to the mobile app from time to time.
• You are responsible for installing updates to ensure proper functionality and security.

17. Third-Party Integrations

The Platform may allow you to connect to third-party services (such as your CRM) using API keys or other credentials you provide.

• You are responsible for configuring integrations and providing accurate credentials.
• Data you choose to sync to third-party services is subject to their terms and privacy policies.
• We are not responsible for the availability, accuracy, or security of third-party services.
• We do not endorse any third-party services and are not liable for any issues arising from their use.

18. SMS / Text Message Notifications

The Platform includes optional SMS text message notifications for lead alerts.

• Opt-in: Account owners opt in by adding their own phone number through the "Configure SMS" settings at sunshipsales.com/hot_leads and saving. The person receiving messages is the same person who entered their number and saved their configuration.
• Message content: Lead notifications including name, phone number, email, and location.
• Message frequency: Varies based on lead volume; one message per new lead received.
• Message and data rates may apply depending on your mobile carrier and plan. Carriers are not liable for delayed or undelivered messages.
• Opt-out: Reply STOP to any message to unsubscribe at any time. You may also ask your administrator to remove you, or contact support@sunshipsolar.com.
• Help: Reply HELP for support information.

We do not sell, rent, or share your phone number or SMS opt-in data with third parties for their marketing purposes.

19. Intellectual Property

The Platform and its entire contents, features, and functionality (including software, design, text, graphics, logos, and trademarks) are owned by SunShip and are protected by copyright, trademark, and other intellectual property laws.

The SunShip name, logo, and related marks are trademarks of Sunship, LLC. You may not use our trademarks without prior written permission.

20. Confidentiality

Through your use of the Platform, you may have access to confidential information about our software, features, and business practices. You agree to:

• Keep such information confidential
• Not disclose it to third parties without our consent
• Not use it for any purpose other than using the Platform as intended

This obligation survives termination of these Terms.

21. Service Availability

The Platform is provided on an "as available" basis.

• We do not guarantee any specific uptime or availability.
• We may perform maintenance that temporarily affects availability. We will attempt to provide notice of planned maintenance when feasible, but this is not guaranteed.
• We are not liable for any downtime, whether planned or unplanned.

22. Support

We provide customer support via email at support@sunshipsolar.com.

• We will make reasonable efforts to respond to support requests promptly.
• We do not guarantee specific response times.
• Support is limited to Platform functionality and does not include training, custom development, or consulting services.

23. Termination

By You

You may cancel your subscription at any time as described in Section 9.

By Us

• We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice.
• Reasons for termination may include: violation of these Terms, fraudulent activity, non-payment, abuse, or any reason at our sole discretion.
• If we terminate your account without cause, we will provide reasonable notice when feasible.

24. Effect of Termination

Upon termination or cancellation:

• Your license to use the Platform ends immediately (or at the end of your paid period, if cancelled by you).
• You must cease all use of the Platform and mobile applications.
• You will lose access to your Platform Data. We recommend exporting any data you need before cancellation.
• We may retain your data for legal, tax, or business purposes per our Privacy Policy.
• Provisions that by their nature should survive (including Sections 14, 15, 19, 20, 25, 26, 27, 28) will survive termination.

25. Disclaimer of Warranties

26. Limitation of Liability

27. Indemnification

You agree to defend, indemnify, and hold harmless SunShip, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Data you enter into the Platform
• Your Authorized Users' actions
• Any dispute between you and your employees, contractors, or customers regarding compensation or commissions

28. Dispute Resolution

(a) Informal Resolution First

Before filing a formal claim, you agree to contact us at support@sunshipsolar.com to attempt to resolve the dispute informally. If not resolved within 30 days, either party may proceed to arbitration.

(b) Binding Arbitration

Except for small-claims matters and requests for injunctive relief, any dispute arising from these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

(c) Location

The arbitration will be conducted in Denver, Colorado. Hearings may be conducted remotely if permitted by the arbitrator.

(d) Class Action Waiver

All disputes will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding. You and SunShip waive any right to a jury trial.

(e) Injunctive Relief

Either party may seek injunctive relief in court to protect intellectual property or confidential information. For such actions, you consent to exclusive jurisdiction in the state and federal courts in Denver, Colorado.

(f) Survival

This Section 28 survives termination of these Terms.

29. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the courts of Denver County, Colorado.

30. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice in the Platform. Your continued use after changes take effect constitutes acceptance of the modified Terms.

31. General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and SunShip regarding the Platform.