Last Revised: November 10th, 2022
Sunlight API Inc. and its affiliates (collectively, “Sunlight”, “we”, “our”, “Company”) welcome you (the “User(s)”, or “you”) to our online platform, which allows our Users to update the details of their credit/debit card information (the “Card(s)”) on third-party applications and subscription services (respectively, the “Platform” and the “Third-Party Services”). Each of the Platform's Users may use the Platform in accordance with the terms and conditions hereunder. Please note that our Platform is provided via integration with certain financial apps and platforms (collectively, “App(s)”).
1. Acceptance of the Terms
The Platform is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Platform shall obligate your organization.
PLEASE NOTE THAT BY USING OUR PLATFORM YOU GRANT US EXPLICIT CONSENT TO USE THE ACCOUNT CREDENTIALS OF YOUR THIRD-PARTY SERVICES, IN OR TO PROVIDE YOU WITH OUR SERVICES.
2. The Platform and the Services
The Platform is intended for efficiently allowing Users to update the details of their Card information with Third Party Services (e.g., Netflix, AWS, etc.), and to this end:
(i) we will receive your Card information directly from the App into which the Platform is integrated.
(ii) you may choose on which Third-Party Service(s) you wish to update your Card information, from the list available on the Platform. The Third-Party Services supported by the Platform may change at any time, and we may cease to support any Third-Party Service, in each case at our sole discretion and without notice. Please note that we do not guarantee that all Third-Party Services will be supported on the Platform.
(iii) you will be required to provide the login credentials to your account on the applicable Third-Party Service (i.e., the service on which you wish to update your Card information). Please note that we will use such login credentials solely in order to update your payment details on said account.
BY USING THE PLATFORM, YOU HEREBY EXPLICITLY CONSENT AND AUTHORIZE US TO RECEIVE YOUR CARD INFORMATION FROM THE APP AND TO USE SUCH CARD INFORMATION AND TO ACCESS YOUR ACCOUNTS ON THE SELECTED THIRD-PARTY SERVICES, IN EACH CASE SOLELY IN ORDER TO UPDATE THE CARD INFORMATION ON SUCH ACCOUNTS, ON YOUR BEHALF. FURTHER, YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE AFFECTED CARD AND THE RELEVANT ACCOUNT(S) ON THE APPLICABLE THIRD-PARTY SERVICE(S), AND THAT YOU HAVE ALL NECESSARY RIGHTS, PERMISSIONS AND AUTHORITY TO GRANT US ACCESS TO SUCH CARD INFORMATION AND APPLICABLE ACCOUNT CREDENTIALS.
The Platform includes, inter-alia, content such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content”).
(collectively, the "Service(s)")
THE OPERATION OF THE PLATFORM IS DEPENDENT ON INTEGRATION WITH THIRD PARTY SERVICES AND THE RECEIPT OF RELEVANT INFORMATION FROM THE APP IN WHICH THE PLATFORM IS INTEGRATED. AS SUCH, SUNLIGHT CANNOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL ACCURATE OR ERROR FREE. SUNLIGHT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE PLATFORM OR ANY INFORMATION AVAILABLE THROUGH THE SERVICE, OR OTHERWISE IN CONNECTION YOUR USE OF ANY THIRD-PARTY SERVICE AND/OR CARDS AND/OR APPS.
WITHOUT DEROGATING FROM THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY USE OF YOUR CARD INFORMATION BY THIRD PARTY SERVICES AND/OR THE APP, INCLUDING WITHOUT LIMITATION THEIR BILLING SCHEDULES, SECURITY PRACTICES AND/OR THE MANNER IN WHICH THEY PROCESS SUCH INFORMATION. NOTE THAT WE ARE NOT ASSOCIATED WITH ANY OPERATOR OR PROVIDER OF CARDS AND/OR THIRD-PARTY SERVICES, AND YOUR USE OF ANY CARD AND/OR APP AND/OR THIRD-PARTY SERVICE IS YOUR SOLE RESPONSIBILITY. PLEASE NOTE THAT PROVIDING CARD INFORMATION TO THIRD PARTY SERVICES THROUGH THE PLATFORM IS AT YOUR OWN RISK.
ALL RIGHTS IN AND TO THE PLATFORM AND THE CONTENT AVAILABLE ON THE PLATFORM ARE RESERVED TO SUNLIGHT OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SUNLIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE PLATFORM AND THE SERVICES, ANY INTEGRATION WITH THIRD PARTY SERVICES AND UPLOADING OF CARD INFORMATION TO THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according to the applicable rates charged by your respective third-party Internet and data usage service provider as may be from time to time.
3. App Account
In order to access the Platform and use the Services, you will be required to integrate the Platform with your existing account on the App (i.e., on the mobile application or computer platform in which the Platform is integrated). In order to protect the security of your Personal Information, Card information and your accounts on Third-Party Services, you must take all necessary precautions and to take all necessary measures to safeguard your device and the App installed on your device, including that you will not disclose the log-in details of your account on said App and you must supervise the use of said App.
You must provide accurate and complete information when using the Platform and you agree to not misrepresent your identity or your information. You are solely and fully responsible for all activities that occur under your App account and the Platform. If we in good faith believe you are impersonating another person, or if you provide us with false information, or credentials for Third Party Services which are not owned by you (or that you have not received the necessary permissions to provide us with), we may suspend or terminate your use of the Platform, at our discretion, and you may be exposed to civil and/or criminal liability.
You must notify us immediately of any unauthorized use of the Platform and/or the App installed on your device, or any other breach of security and in such events, by sending us an email to email@example.com. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms.
4. Third Party Services
When you incorporate the Third-Party Services with the Platform, you grant us a non-exclusive, royalty-free, and worldwide right to store and use your Third-Party Services’ credentials and Card information, solely in connection with providing you the Services. Note that we may also aggregate data relating to your use of the Platform (including integration with Third Party Services) in such a way that it will not identify you and we may use that aggregated data to develop and improve our Services and for other legitimate purposes.
You represent and warrant that you are the rightful owner of any Third Party Service account(s) that you link to the Platform, or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Third Party Service account(s), and that such Third Party Service and its integration with the Platform does not infringe any third party's privacy, intellectual property rights or other rights. SUNLIGHT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY THIRD-PARTY SERVICE.
5. Use Restrictions
Unless otherwise explicitly permitted under these Terms or in writing by Sunlight, you may not (and you may not permit anyone to): (a) use the Platform and/or the Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or the Services to generate or send unsolicited communications, advertising, chain letters, or spam or to solicit other Users; (c) remove or disassociate, from the Content and/or the Platform any restrictions and signs indicating proprietary rights of Sunlight or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform or the servers or networks that host the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform; (i) copy, modify, distribute, alter, adapt, make available, sublicense, make any commercial use, combine with other software, sell, rent, transfer, lend, process, translate, port, reverse engineer, reduce to human readable form, decompile, disassemble or create derivative works of any material that is subject to Sunlight's proprietary rights and/or any portion of the Platform and/or Content made accessible by Sunlight on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) make any use of the Content on any other website or networked computer environment for any purpose without Sunlight’s prior written consent; (k) create a browser or border environment around Sunlight Content (no frames or inline linking is allowed); (l) create a database by systematically downloading and storing all or any of the Content from the Platform; (m) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (n) use the Service for any purpose for which it is not intended; (o) provide Sunlight with false Personal Information or payment method; and/or (p) violate any of the Terms. Furthermore, if you are a competitor of Sunlight, or operate on behalf of a competitor of Sunlight, you may not use and/or access the Platform; and if Sunlight reasonably suspects that you are a competitor of Sunlight, or operate on behalf of a competitor, it may suspend or terminate your access to the Platform immediately and at its sole discretion. Failure to comply with any of the provisions set forth herein may result (at Sunlight's sole discretion) in the termination of your use of the Platform and may also expose you to civil and/or criminal liability.
7. Intellectual Property Rights
Subject to the terms hereof, Sunlight hereby grants you and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to use the Platform, and the Content provided in the Platform in accordance with the terms contained in these Terms.
The Platform, the Content, the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trademarks, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Sunlight (“Feedback”), Sunlight shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Sunlight current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Sunlight to comply with any additional obligations with respect to any Sunlight current or future products, technologies or services that incorporate any Feedback.
8. Trademarks and Trade names
Sunlight’s marks and logos and all other proprietary identifiers used by the Company in connection with the Platform (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
The Platform and Platform’s availability and functionality depends on various factors, such as communication networks and the availability of Third-Party Services and/or the App. Sunlight does not warrant or guarantee that the Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, AND OTHER THAN EXPRESSLY SET FORTH HEREIN, THE PLATFORM, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND SUNLIGHT, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, SUPPLIERS (COLLECTIVELY, "SUNLIGHT'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, AVAILABILITY, THE QUALITY OF THE SERVICES OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.
OTHER THAN EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE PLATFORM AND/OR THE SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT SUNLIGHT WILL CORRECT ANY ERRORS OR DEFECTS IN THE PLATFORM, AND (III) THE PLATFORM WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND SUNLIGHT AND SUNLIGHT'S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.
SUNLIGHT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY THIRD-PARTY SERVICES AND/OR CARDS AND/OR APPS AND DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF SUCH THIRD-PARTY SERVICES AND/OR CARDS AND/OR APPS OR FOR ANY LOSS OR DAMAGE OCCURRED THROUGH YOUR USE OF THE THIRD-PARTY SERVICES AND/OR CARDS AND/OR APPS. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN SUNLIGHT. USE OF THE PLATFORM AND/OR SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL SUNLIGHT, INCLUDING SUNLIGHT'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE PLATFORM AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR THE CONTENT AND/OR THE FAILURE OF THE PLATFORM AND/OR THE CONTENT TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER SUNLIGHT (OR SUNLIGHT'S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, SUNLIGHT'S AND SUNLIGHT'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO SUNLIGHT IN THE THREE MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $US10.00, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Sunlight, including Sunlight Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services and/or Platform; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Services; (iv) provision of false credentials or details under these Terms; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services and/or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
13. Changes to the Platform
Sunlight reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Sunlight shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or the Content included therein. You hereby agree that Sunlight is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
14. Amendments to the Terms
Sunlight may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an email (to the extent that you provided us with such email address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent via email, whichever is the earlier.
15. Termination of these Terms and the Termination of the Platform's operation
Sunlight may at any time, at its sole discretion, cease the operation of the Platform and/or Services or any part thereof, temporarily or permanently, delete any information or Content from the Platform or make changes thereto. You agree and acknowledge that Sunlight does not assume any responsibility with respect to, or in connection with the termination of the Platform's operation and/or loss of any data. These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Sunlight may immediately, temporarily or permanently, limit, suspend or terminate your use of the Platform, in our sole discretion, including if one (or more) of the following events has occurred: (a) there is risk to the security or privacy of your Card and/or your Third-Party Services, and/or the App and/or the Platform and/or our network/servers; (b) suspension is needed to protect the rights, property or safety of Sunlight, its users or the public; and/or (c) we are required to by law. We may, but are not obligated to, provide you a notice in the event of any such suspension or termination. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Upon termination of these Terms for any reason, all rights granted to you hereunder will automatically terminate and you must immediately cease all use of the Platform.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Platform and/or the Services or the use thereof will be governed by and interpreted in accordance with the laws of the State of New York without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Services and/or Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the New York City, New York. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Sunlight may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Sunlight, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
17. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an email to firstname.lastname@example.org.