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    Sunbit Terms of Use

    Last Updated Date: June 17, 2026

    These terms of use (“Terms”) constitute a legal contract between Sunbit, Inc., our subsidiaries and affiliates, agents, assigns, and other third parties acting on our behalf (“Sunbit,” “us,” “we,” or “our”) and users (“you” and “your”) of Sunbit’s website, www.sunbit.com (the “Site”), mobile applications, and online products and services, including all features, content, functionality, and tools made available therein (collectively, the “Sunbit Services” or “Services”). These Terms govern all aspects of your use of the Sunbit Services.

    PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER THE “GOVERNING LAW AND DISPUTES” SECTION BELOW.

    Acceptance of Our Terms to Use Our Services

    BY ACCEPTING THESE TERMS WHEN THEY ARE PRESENTED TO YOU OR OTHERWISE ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to be bound by these Terms, you must (i) not access or use the Services, and (ii) discontinue any access or use of the Services. Your failure to comply with the Terms may result in the suspension or termination of access to the Services and may subject you to civil and criminal penalties.  

    Changes

    You are responsible for reviewing these Terms regularly. We reserve the right, in our sole discretion, to amend the Terms at any time and without prior notice, by posting updates to the Terms online, or on the mobile application, or by providing you with written notice by email, through another website, or via U.S. mail. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. If we choose to amend the Terms, we will update the “Last Updated Date” at the top of the Terms and post the updated version. Your continued use of the Services after the updates are posted constitutes your acceptance of any modifications to the Terms. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Services and/or communicating said changes via e-mail or other communication channel.

    These Terms are in addition to any other terms and conditions that may apply to our specific products and services, which shall be incorporated into these Terms (“Additional Terms“). Where appropriate, please review those separate terms and conditions. In the event of a conflict between these Terms and any Additional Terms that you may receive, the Additional Terms will govern.

    Eligibility

    Not all Sunbit Services are available to all individuals. Submission of any information and/or an application does not automatically qualify you for Services.

    The Services are not intended for, and should not be used by, persons who have not reached the age of majority in their states of residence.

    The Services are not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations. The Services may not be appropriate or available for use in jurisdictions outside of the United States.

    Privacy, Cookies, and Use of Information Collected by Sunbit

    Certain features and functionalities of the Services require Sunbit to use information collected from you, as detailed more fully in the Sunbit Privacy Policy. You agree that Sunbit has the right to collect, store, and use this information for the purposes detailed in the Privacy Policy which is hereby incorporated by reference in these Terms.

    Our Services incorporate the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Website (“Cookies”). Cookies and related information collected about your use of our Website may be shared with our social media, advertising, and analytics partners. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy.

    You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Sunbit or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See the Privacy Policy for how your data is treated.

    User and Accountholder Responsibilities

    Certain Services may be accessible only to registered users and accountholders. In order to access those Services, you may need to register, which includes creating access credentials, such as a user name and password, and/or providing your fingerprint ID. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) and to never set up the fingerprint ID feature on a device not controlled entirely by you. You agree to provide accurate, current, and complete information about yourself when you use the Sunbit Services. You further agree to update information about yourself as a user of the Sunbit Services as appropriate using the contact information listed below.

    You are solely responsible for (a) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials and use of your fingerprint ID, (b) not allowing another person to use your access credentials or setting up your fingerprint ID on another person’s device, and (c) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials or misuse of your fingerprint ID. Sunbit is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Services using your access credentials or fingerprint ID. You must immediately notify Sunbit if you become aware of any unauthorized use of your access credentials or fingerprint ID or any other concerns that you have about the misuse or security of your account by using the contact information listed below.

    Your License

    Subject to the Terms, Sunbit grants you a non-exclusive, non-transferable, limited, and revocable license to access the Services for your use only (“Your License”).

    Intellectual Property

    The Services and any content, materials downloaded, and intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Sunbit or third parties; all rights, title, and interest therein shall remain the property of Sunbit and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

    You are authorized solely to view and retain a copy of pages related to the Services for your own use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with Sunbit. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion thereof, for any public or commercial use, without the express written consent of Sunbit. Additionally, you agree that you (a) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Sunbit.

    Use of Information and Materials

    The information and materials contained on the Services and the Terms, policies, and descriptions that appear on the Services are subject to change. You accept sole responsibility for your use of the Services. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into Sunbit’s systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:

    • is unlawful, fraudulent, or deceptive;
    • uses technology or other means to access content or systems of Sunbit in a manner that is not authorized by Sunbit;
    • uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Sunbit;
    • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
    • attempts to gain unauthorized access to Sunbit’s computer network or user accounts;
    • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
    • violates these Terms or any other Sunbit policies;
    • attempts to damage, disable, overburden, or impair Sunbit’s servers or networks; or
    • fails to comply with applicable third-party terms.

    Third-Party Links

    The Services may contain links to websites controlled or offered by third parties (non-affiliates of Sunbit). Please review the terms of use and privacy policy for any third-party website that you may visit through a link on the Services. Such third-party websites may have privacy policies that differ from that of Sunbit, and the third-party website may provide less security than our Services.

    By creating a link to a third-party website, Sunbit neither endorses nor recommends any products or services offered or information contained at the third-party website. Sunbit disclaims liability for any information, materials, products, or services posted or offered at any of the third-party websites linked to the Services. Sunbit also disclaims liability for any failure of any products or services offered or advertised at such website.

    Messages

    Sunbit may offer SMS/MMS (using the GSM network) notifications to provide you with information about your account or the Services. By providing your phone number and opting in to receive messages from us, you expressly consent to receive marketing and non-marketing calls and text messages from or on behalf of Sunbit, including those made using an automatic telephone dialing system (auto-dialer), prerecorded or artificial voice messages, or other automated technology, at the mobile number previously provided to us by you. Your consent to receive such messages is not a condition of any purchase or use of the Services. Message and data rates may apply, and you are responsible for any such fees. The frequency of messages may vary. You may opt out of receiving SMS or text messages at any time by replying STOP to any message you receive from us, or by following the opt-out instructions provided in the message. For help or more information, reply HELP to any message or contact our customer service using the contact information listed in the “Contact Us” section below. For more information about how we use your telephone number and your rights and choices, please refer to our Privacy Policy.

    Geolocational Services

    Certain features and functionalities of the Services are based on your location. In order to provide these features and functionalities while you are using your mobile device, you agree that we may, with your consent, automatically collect geolocational information from you, your mobile device or wireless carrier, and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs whenever the Services are present on your device. Geolocational Information can be monitored on a continuous basis in the background, only while the Services are being used, or not at all, depending on your location permissions, which you can change at any time in your device settings. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

    Without limiting the generality of the foregoing, the Services include Google Maps features and content, and your use of the Google Maps features and content is subject to: (a) the Google Maps/Google Earth Additional Terms of Service (available at https://maps.google.com/help/terms_maps.html); and (b) the Google Privacy Policy (available at https://www.google.com/policies/privacy), in each case as amended from time to time in accordance with their terms. If you fail to comply with any of the foregoing, Sunbit will take appropriate enforcement action against you, including suspending or terminating your use of Google Maps features and content in the Services.

    Mobile Payment Authorization

    Sunbit reserves the right to use near field communication services in order to activate certain mobile payment features, including but not limited to Apple Pay and Android Pay, for use with the Services. By agreeing to these Terms, you consent to Sunbit using near field communication services as part of the Services.

    Camera

    By agreeing to these Terms, you agree, subject to your further consent, that Sunbit may access your device’s camera for certain features and functionalities of the Services.

    Fingerprint ID

    By agreeing to these Terms, you agree, subject to your further consent, that Sunbit may permit access to some or all of the Services through use of your device’s Fingerprint ID feature or related authentication information.

    Termination

    Sunbit reserves the right, in its sole discretion, to terminate Your License or any Services provided to you and to assert legal action with respect to your use of the Services that Sunbit reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other Sunbit policies.

    NO WARRANTY

    THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SUNBIT OR BY THIRD PARTIES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SUNBIT DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SERVICES AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SUNBIT OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SERVICES AT YOUR SOLE RISK AND THAT SUNBIT CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICES WILL BE FREE OF COMPUTER VIRUSES.

    LIMITATION OF LIABILITY

    EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL SUNBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, OR LOSS OF REPUTATION (IN EACH CASE WHETHER CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES); (C) LOSS OF DATA, LOSS OF USE, OR COSTS OF PROCURING SUBSTITUTE SERVICES; OR (D) DAMAGES FOR SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE THEREOF OR INABILITY TO USE THE SERVICES BY ANY PARTY, OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SUNBIT OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS PARAGRAPH APPLY REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR OTHERWISE, AND REGARDLESS OF THE FORM OF ACTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNBIT’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR YOUR USE THEREOF, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO SUNBIT FOR THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS TO SUNBIT DURING SUCH PERIOD, SUNBIT’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00).
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS OF CERTAIN DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUNBIT AND YOU, AND THAT SUNBIT WOULD NOT HAVE PROVIDED THE SERVICES WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND SUNBIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

    Indemnification

    You agree to indemnify, defend, and hold harmless Sunbit, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) any violation of these Terms (including negligent or wrongful conduct) by you, (b) your use of the Services, or (c) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party. Sunbit reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

    Submissions

    Any information submitted to Sunbit via the Services shall be deemed and remain the property of Sunbit, and Sunbit shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in the content that a user of the Services provides to Sunbit through the Services. Sunbit shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by Sunbit or as otherwise specifically required by law.

    System Outages, Slowdowns, and Capacity Limitations

    At times you may experience difficulty accessing the Services or communicating with Sunbit through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Sunbit’s, can experience unanticipated outages or slowdowns or have capacity limitations. Sunbit makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service to a mobile device.

    Protecting Your Devices and Account

    Sunbit makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Sunbit is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

    Disclaimers

    SUNBIT DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, DOCUMENT, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. SUNBIT CANNOT ENSURE THAT ANY FILES, DOCUMENTS, OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SUNBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SUNBIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SUNBIT FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    Governing Law and Disputes

    These Terms are governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law that would result in the application of the laws of another jurisdiction. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy, or action between you and Sunbit arising under or relating to your use of the Services, these Terms, or any other transaction involving you and Sunbit, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND SUNBIT AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY SUNBIT FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF SUNBIT. Any cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

    Dispute Notice. In the event of a Dispute, you or Sunbit must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice“). The Dispute Notice to Sunbit must be addressed to Sunbit, Inc., PO Box 24010, Los Angeles, CA 90024 (the “Sunbit Notice Address“). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Sunbit and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Sunbit may proceed to mediation as articulated in this Section. You and Sunbit will work in good faith to schedule the informal dispute resolution conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

    Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this Section.

    Binding Arbitration. In the event mediation is unsuccessful, you and Sunbit agree: (1) to arbitrate all Disputes between you and Sunbit pursuant to the provisions of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of these Terms.

    Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court’s jurisdiction and is pending only in that court.

    WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND SUNBIT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND SUNBIT AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

    Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to Sunbit at the address listed in the “Contact Us” section of these Terms within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; and (3) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

    Mass Action Waiver. You and Sunbit agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Sunbit expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration, unless otherwise provided in this Section. “Mass Action” includes instances in which you or Sunbit are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Sunbit’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this Section, nothing prevents you or Sunbit from participating in a mass settlement of claims.

    Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iii) whether claimants are barred from proceeding with a Mass Action; (iv) any dispute relating to the representation of the same claimant by multiple law firms; (v) any dispute regarding discovery common to all claims; and (vi) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the Special Master’s decision. You may opt-out of arbitration by providing written notice to Sunbit at the Sunbit Notice Address. Sunbit may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the Special Master determines that you have violated the Mass Action Waiver.

    Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.

    Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA“) and governed by the applicable AAA rules for the Dispute; except that the AAA may not administer any multiple-claimant or class arbitration, as the parties agree that arbitration shall be limited to the resolution of individual claims only. If there is a conflict between the AAA rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the provisions of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

    Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Sunbit or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sunbit is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

    Arbitration Fees. The AAA rules will govern payment of filing fees and the AAA’s arbitrator’s fees and expenses. In addition, if the Dispute involves less than $75,000, and before initiating arbitration you complied with all pre-arbitration requirements in this Section, then Sunbit will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and any reasonable expenses (not including any attorney fees or expert witness fees or related costs that your attorney accrued in connection with your individual arbitration).

    Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Sunbit agree that if Sunbit makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, Sunbit will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Sunbit Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

    Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

    Exclusive Venue for Other Controversies. Sunbit and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the federal or state courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. The federal district court for the Central District of California shall serve as the exclusive federal venue for any such controversies.

    Severability/No Waiver

    If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Sunbit’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.

    Contact Us

    Any questions, complaints, or claims regarding the Services should be directed to:

    Sunbit, Inc.
    PO Box 24010
    Los Angeles CA, 90024

    California Consumer Rights Notice

    Under California Civil Code Section 1789.3, California residents who use the Services are entitled to the following specific consumer rights information:

    The provider of the Services is Sunbit, Inc., PO Box 24010, Los Angeles, CA 90024. You may contact Sunbit with any questions, complaints, or claims regarding the Services using the contact information provided in the “Contact Us” section of these Terms.

    Complaint Assistance. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. The Division’s website is available at https://www.dca.ca.gov.

    Thank you for using Sunbit Services!