SunnyOrbit Terms of Service

1. The agreement

These Terms of Service ("terms") apply when you use sunnyorbitapps.com or any app we publish. By using the website or an app, you agree to them. If you do not agree, please do not use them.

Our Privacy Policy and each app's privacy policy explain how we handle personal data. They are part of how we provide our services, but your privacy rights come from those policies and from the law, not from these terms.

2. Who we are

SunnyOrbit is a trading name of Moiasun LLC, a limited liability company organised under the laws of the State of Delaware, USA. "We", "us" and "our" mean Moiasun LLC. "You" means the person using the website or an app.

• Postal address: 16192 Coastal Highway, Lewes, DE 19958, United States
• Email: support@sunnyorbitapps.com

3. This website

You may read the website, share links to it, and print or save pages for your own use. The website is here to tell you about SunnyOrbit and our apps. We provide it as it is, without any promise that it will always be available, complete or free of mistakes. Descriptions of our apps may change as the apps change. If the website and an app's own terms or policy disagree about that app, the app's terms or policy apply.

4. Our apps

Licence. We give you a personal, non-exclusive, non-transferable licence to install and use our apps on devices you own or control, for your own personal use, while you follow these terms. We can end this licence if you seriously or repeatedly break these terms. You may not copy, sell, rent or redistribute our apps. You may not reverse engineer them, except where the law allows you to.

App-specific terms. An app may have its own additional terms that cover how it works:

• Pooled: Pooled Terms of Service

For that app, its additional terms take priority over these terms if the two conflict.

App stores. If you download an app from Google Play, the Google Play Terms of Service also apply. Google is not responsible for our apps or for these terms. Any purchases made through Google Play are processed by Google under its own terms and refund policies. Our apps are currently free. If we ever charge for something, you will see the price and terms before you pay.

Changes to the apps. We improve our apps over time, so features may change, and we may stop offering an app. If we are going to stop an app that holds your data, we will give reasonable notice where we can so that you can export your data first.

Your data and backups. Keep your own copies of anything important. Pooled, for example, can export your records as CSV and PDF files.

5. Age

You must be at least 18 years old, or the age of majority where you live if that is higher, to use our apps. Our website and apps are not directed at children. If we learn that someone under that age is using an app, we will close their account and delete its data.

6. Acceptable use

When you use our website or apps, you must not:

• break the law, or help anyone else to;
• post or share content that is illegal, hateful, harassing, threatening, sexually explicit, or that involves minors in any sexual or harmful way;
• harass, intimidate or pressure other people, including over money they owe or are said to owe;
• impersonate someone, or use our services for fraud or scams;
• add other people's names, photos or personal details without the right to do so, or keep them after being asked to remove them;
• upload content that infringes someone else's copyright, trade mark or other rights;
• upload malware, or try to break into, overload, probe or disrupt our systems or anyone else's account;
• scrape or copy the website or an app at a scale that affects other people, or use them to send spam; or
• present our website, apps or branding as your own.

If you break these rules, we may remove content, limit features, or suspend or close your account. We will act in proportion to what happened. Where it is safe and lawful, we will tell you why. Apps that let people share content have ways to report content and block people, and their own terms explain how these work. You can also report a problem to support@sunnyorbitapps.com.

You can stop using our services at any time. If an app has accounts, you can delete yours in the app.

7. Not a bank, not advice

Some of our apps, including Pooled, help you keep track of money. These apps are record-keeping tools. They do not lend money, arrange or broker loans, process payments, transfer or hold money, or check credit. They do not give financial, tax or legal advice. We are not a bank or a financial institution.

Balances and totals are calculated from what you and the people you share with enter. We don't verify them. They are not financial, tax or legal advice, and they are not evidence of a legally enforceable debt. Check anything important yourself.

8. Intellectual property

The SunnyOrbit and Pooled names, our logos, and the design, text, images and code of our website and apps belong to Moiasun LLC or the people who licensed them to us. Using the website or an app does not give you ownership of any of it. You may not use our names or logos in a way that suggests we endorse you, or reuse our material commercially, without our written permission.

Some parts belong to others and are used under their licences. For example, our icons come from Lucide (ISC licence). Our typefaces, Space Grotesk and Plus Jakarta Sans, are used under the SIL Open Font License. Nothing in these terms limits your rights under those licences.

9. What you send us

If you send us feedback, ideas, bug reports or suggestions, you allow us to use them to improve our products, free of charge and without owing you anything. You still own what you wrote. We will not publish your name or your message without asking you first.

Please do not send us anything confidential that you would not want us to act on. Content you store inside an app is covered by that app's terms, not by this section.

10. Copyright complaints

We respect copyright and expect our users to do the same. If you believe material on our website or in one of our apps infringes your copyright, send a written notice to our designated copyright agent. It must include:

• your physical or electronic signature;
• a description of the copyrighted work you say is infringed;
• a description of the material you say is infringing, and enough detail for us to find it;
• your name, address, telephone number and email address;
• a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act for them.

Our designated agent under the US Digital Millennium Copyright Act is: [TO FILL: DMCA agent registration: name, address and email as registered with the US Copyright Office]. You can also email notices to support@sunnyorbitapps.com.

If we remove material because of a notice, we will tell the person who posted it. They may send a counter-notice if they believe it was removed by mistake. We close the accounts of people who repeatedly infringe copyright, where appropriate. Knowingly false notices can make the sender liable for damages.

11. Other services and links

Our website and apps link to, or rely on, services run by other companies, such as Google Play and Google Firebase. We do not control those services. Their own terms and privacy policies apply to them.

12. Disclaimers

We work hard to make our website and apps useful and reliable. However, to the extent the law allows, we provide them "as is" and "as available", without warranties of any kind, express or implied. That includes warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that they will be uninterrupted, error-free or secure, or that data will never be lost.

Some countries and states do not allow these warranties to be excluded. If you live in one of them, the exclusions above apply to you only as far as your law allows. Nothing in these terms affects your statutory rights as a consumer.

13. Limitation of liability

To the extent the law allows:

• we are not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue or goodwill;
• we are not liable for loss of data if you could reasonably have avoided it by keeping your own copy, for example by using an app's export feature; and
• our total liability to you for all claims about the website and our apps is limited to the greater of the amount you paid us in the 12 months before the claim arose and US$50.

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or to anything else the law does not allow us to limit.

If you are a consumer in the EU or UK, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. This does not limit your statutory rights.

Some US states do not allow certain liability limits. If you live in one of them, some of the limits above may not apply to you.

14. Indemnity

If someone brings a claim against us because you broke these terms or posted unlawful content, you agree to cover the reasonable costs and losses that result, to the extent those costs and losses were caused by what you did. This does not apply to anything we caused ourselves. If you are a consumer, it applies only as far as the law where you live allows.

15. Governing law and disputes

Talk to us first. If you have a problem with us, please email support@sunnyorbitapps.com first. We will try to resolve it within 30 days.

Law and courts. These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Delaware, and you and we consent to their jurisdiction.

Small claims. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction.

Your local rights. If you are a consumer living in the European Union, the United Kingdom, or another country whose laws give you the right to rely on your local consumer protections or to bring claims in your local courts, nothing in these terms takes away those rights.

These terms contain no arbitration clause and no class-action waiver.

16. Export and sanctions

You may not use or export our apps in breach of US export laws or sanctions. By using them, you confirm that you are not located in a country subject to a comprehensive US embargo, and that you are not on any US government list of prohibited or restricted parties, such as the OFAC Specially Designated Nationals list.

17. Changes to these terms

We may update these terms, for example when our apps or the law change. We will post the new version here and update the date at the top. If a change is material, we will tell you before it takes effect. We will do that in the app concerned, or by email if we have your address. For consumers in the EU and UK, we will give reasonable notice before the change applies. If you do not agree to the new terms, you can stop using our services and delete your account. Changes do not apply to disputes that arose before they took effect.

18. General

• Severability. If a court finds any part of these terms unenforceable, the rest still applies.
• Entire agreement. These terms, together with any app-specific terms, are the whole agreement between you and us about our website and apps.
• No waiver. If we do not enforce a term straight away, we can still enforce it later.
• Assignment. You may not transfer your rights under these terms. We may transfer ours to a company that takes over the relevant website or app. If we do, your rights under these terms are not reduced.
• Events outside our control. We are not responsible for delays or failures caused by things we cannot reasonably control, such as outages at our service providers.
• Language. If we translate these terms, the English version applies where the law allows.

19. Contact

For questions about these terms, email support@sunnyorbitapps.com, or write to Moiasun LLC, 16192 Coastal Highway, Lewes, DE 19958, United States.

We wrote these terms to describe how we actually work. If anything here is unclear, please email us and we will explain.