Terms of Service

Welcome to Sunny Pal. These Terms of Service (the “Terms”) govern your use of our mobile application, website, and any other products or services that link to or reference these Terms (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you must not use our Services.

1. Acceptance of Terms and Modifications

By creating an account, downloading our app, or otherwise using any part of our Services, you represent that you have read, understood, and agree to be bound by these Terms. We may update these Terms from time to time to reflect changes in our Services, business operations, or applicable laws. If we make material changes, we will provide notice (e.g., by email or through our Services) and update the “Last Updated” date at the top of these Terms. Your continued use of the Services after any such modifications constitutes your acceptance of the new Terms.

2. Eligibility and Account Registration

• Eligibility: You must be at least 13 years old to access or use our Services. If you are under 18, you represent that you have the consent of a parent or guardian to use our Services.
• Account Creation: You may need to register for an account to access certain features. When creating an account, you agree to provide accurate, current, and complete information and to update such information promptly to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Marketing Consent: By registering an account, you agree that we may send you promotional or marketing emails about our Services, offers, or other updates. You may opt out of marketing communications at any time by clicking the unsubscribe link in these emails or contacting us directly.

3. License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use. You may not (and may not permit anyone else to):

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of our Services.
• Modify, adapt, translate, or create derivative works based on our Services without our prior written permission.
• Circumvent any access control measures or attempt to gain unauthorized access to any part of our Services.
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any illegal activity that would violate these Terms or any applicable law.
• Interfere with or disrupt our Services, servers, or networks connected to our Services.

4. Payment, Subscriptions, and Refunds

Some features or content within our Services may be offered on a subscription or paid basis:

• Subscriptions: If you purchase a subscription, it will automatically renew at the end of each billing cycle unless canceled at least 24 hours before renewal. You may manage or cancel your subscription through your account settings on the App Store or Google Play Store.
• Billing: We may use third-party payment processors to bill you for any paid features or subscription services. By using a paid feature, you agree to pay the applicable fees and taxes in a timely manner.
• Refunds: Except where required by law or at our sole discretion, all payments are final and non-refundable. You should review the refund policies of your app platform to understand your rights.

5. User Content and Conduct

You may submit, post, or share content through our Services, including text, images, or other media (“User Content”). You represent and warrant that you own or have the necessary licenses to submit such User Content and that your submission does not violate any third party rights.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, and sublicensable license to use, copy, modify, distribute, adapt, and display your User Content to provide and improve the Services. We reserve the right (but have no obligation) to monitor, remove, or modify any User Content at our sole discretion, at any time, for any reason.

6. Intellectual Property

All materials included in or made available through our Services, including designs, text, graphics, images, software, and other files, are the property of Sunny Pal or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, create derivative works from, publicly display, or publicly perform any such content without our prior written permission.

7. Medical Disclaimer

Not Medical Advice: Any information provided by Sunny Pal, including tanning recommendations, suggested routines, or skin tone analysis, is for educational purposes only and is not intended as medical advice. We do not hold ourselves out as medical professionals and our Services are not regulated as medical devices.

Consult a Healthcare Provider: Always consult with a qualified physician or other healthcare provider before making decisions about tanning, sun exposure, or any health regimen. Do not disregard professional medical advice or delay seeking it because of information provided by our Services.

No Liability: Sunny Pal disclaims any liability for damages, injuries, or other losses arising from your use of our Services or reliance on any information provided. This includes, without limitation, sunburn, skin damage, or any other medical condition resulting from tanning or sun exposure.

8. Disclaimer of Warranties

As Is and As Available: Our Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantee: We make no representations or warranties that our Services will be uninterrupted, secure, or error-free, that any defects will be corrected, or that our Services or servers are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the Services is accessed at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, under no circumstances will Sunny Pal, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or related to your use of our Services or any content therein, even if we have been advised of the possibility of such damages. This includes, but is not limited to, damages for personal injury, loss of data, loss of profits, or any other damages or losses. Your sole and exclusive remedy is to discontinue using our Services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sunny Pal, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms, your use of the Services, or your violation of any rights of a third party.

11. Termination

We reserve the right to suspend or terminate your account or access to our Services at any time for any reason, including for violation of these Terms or suspected fraudulent or unlawful activity. Upon termination, all licenses and rights granted to you in these Terms will cease immediately. You may also cancel your account at any time by following the instructions provided within the Services. Any provisions of these Terms which by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising under or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you consent to the exercise of personal jurisdiction in such courts.

13. Changes to the Services

We may update, modify, or discontinue any aspect of our Services at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any additional terms to which you agree when using our Services, constitute the entire agreement between you and Sunny Pal.
• Severability: If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in force.
• Waiver: No failure or delay by us in exercising any right or remedy provided in these Terms shall operate as a waiver of such right or remedy.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without any restriction.
• Headings: The headings in these Terms are for reference only and do not affect the interpretation of any provision.

15. Contact Us

If you have any questions, concerns, or comments about these Terms, you may contact us at:

Email: support@getsunnypal.com