Welcome to the Sunu website, application and proprietary software platform that operates in connection with the Sunu® Band (collectively, the “Service”), made available to the registered users of the Sunu Band. The Service enables registered users (“Users,” “you” or “your”) to customize Sunu Band radar, sonar and other settings and to download unique applications that work in connection with the Sunu Band, including without limitation the Beacon Tag and Haptic Clock.
Sunu may modify the Terms from time to time and each modification will be effective when it is posted on the Service. We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.
THE SUNU BAND IS NOT A REGULATED SAFETY DEVICE. Do not use this Service as a replacement for your existing visual aid systems. See our SUNU LIMITED WARRANTY AND SAFETY NOTICE for limited warranty, intended usage of and safety notice specific to the Sunu Band.
You must be at least 13 years old to use this Service. This Service is intended for use by individuals 13 years of age or older. Use of the Service by any user shall be deemed to be a representation that the user is at least 13 years of age or older and is not currently restricted from the Service, or not otherwise prohibited from having a Sunu account. You also represent and warrant that you have full power and authority to agree to these Terms and doing so will not violate any other agreement to which you are a party. Parents or legal guardians should register and use the Service on behalf of any children under the age of 13.
Creating an Account
You are responsible for ensuring that any personal information you provide is accurate and up to date. Sunu reserves the right to verify the accuracy of the information you provide at any time. You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Sunu immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account.
Once you have an Account, you can use the Service and may adjust your profile settings and download applications to use with your Sunu Band.
Guidelines, Fees, Rights and Remedies
Permitted Use of the Service
Creating an Account is free. However, Sunu may charge for certain features of the Service. Should you elect to purchase or subscribe to such features, as applicable, you agree to pay all applicable fees in connection with such features. Sunu cannot be responsible for the performance of its payment processor, whose has its own separate terms and conditions.
You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees.
You will be held solely responsible for your conduct on and use of the Service. You agree that you will not use or attempt to use this Service for any purpose other than to communicate with your Sunu Band or as otherwise described herein; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:
- that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
- that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
- that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
- that transmits any harmful or disabling computer codes, files, programs or viruses,
- that harvests e-mail addresses or personally identifiable information from Sunu,
- that interferes with our network services or the proper working of the Service or activities conducted on the Service,
- that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
- that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
- that suggests an express or implied affiliation with Sunu (without the express written permission of Sunu) or that impersonates any person or entity including an employee or representative of Sunu,
- that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
Sunu reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.
Intellectual Property Rights
We or our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sunu, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sunu without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sunu’ name or trademarks without the express written consent of Sunu. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Sunu or third parties, and any unauthorized use terminates the permission to use the Service granted by Sunu.
All content included on this Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sunu or its content/software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Sunu and protected by U.S. and international copyright laws. All software used on this site is the property of Sunu or its software suppliers and protected by United States and international copyright laws.
Linking to Third Party Websites
For your convenience, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, Sunu does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Sunu will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
You agree to indemnify and hold Sunu, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND, SOLELY AS IT RELATED TO THE SUNU BAND, THE SUNU LIMITED WARRANTY , SUNU MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. SUNU EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE DELIVERABLES. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY SUNU IN THIS AGREEMENT OR, SOLELY AS IT RELATES TO THE SUNU BAND, THE SUNU LIMITED WARRANTY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SUNU BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SUNU TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $200.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Sunu may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.
Jurisdiction and Severability
Sunu operates the Service from its offices within the United States. The Services are designed for Users within the United States, and Sunu makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are not assignable, transferable, or sublicensable by you except with Sunu’s prior written consent. Sunu may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any action brought against Sunu to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The Commonwealth of Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Sunu concerning your use of the Service.
How To Contact Us
Should you have any questions or complaints regarding violations of these Terms, please contact us at hello(at)sunu.io.
Last Updated: September 28, 2016