SunLuma Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, platforms, software, and related resources operated by SunLuma Business Solutions LLC, a Florida limited liability company (“SunLuma,” “Sunluma,” “we,” “us,” or “our”).

These Terms are adapted from widely used website and SaaS industry standards and tailored specifically for SunLuma’s services.

By accessing or using any SunLuma website, platform, or service (collectively, the “Sites” and “Services”), you agree to be bound by these Terms.

Definitions

“CUSTOMER DATA” means all data, content, contacts, messages, recordings (if enabled), files, and materials submitted to or processed through the Services.

“USAGE CHARGES” means any and all fees, rates, costs, or other charges incurred in connection with the Customer’s use of the Services, including, without limitation, charges imposed by SunLuma, third‑party service providers, or integrated platforms. Usage Charges may include, but are not limited to, fees assessed on a per‑use basis, subscription‑based fees, and any metered or consumption‑based charges such as email transmissions, SMS/MMS messaging, artificial intelligence features, voice call minutes, and similar services. SunLuma may modify, increase, or otherwise adjust Usage Charges at any time without prior notice. Continued access to or use of the Services after any such change constitutes the Customer’s acceptance of the updated rates and terms.

1. Acceptance of Terms

Your use of the Sites and Services constitutes a legally binding agreement between you and SunLuma. You represent and warrant that you have the legal authority and capacity to enter into these Terms and to comply with all requirements stated herein.

Certain Services or features may be subject to additional terms, policies, or agreements. In the event of a conflict, those additional terms shall govern the applicable Service.

2. Description of Services and Resources

SunLuma provides an all-in-one business software platform that may include CRM tools, email and SMS marketing, voice and call tracking, AI-powered phone answering, automation workflows, websites, funnels, scheduling, invoicing, payments, reputation management, social media tools, analytics, and related digital resources (collectively, the “Resources”).

The Services may rely on or integrate with third-party providers. SunLuma does not control and is not responsible for third-party platforms, carrier networks, pricing, availability, performance, outages, or service interruptions.

3. Registration, Accounts, and Security

Some Services require account registration. You agree that all information provided is accurate and current.

You are responsible for maintaining the confidentiality and security of your login credentials and for all activity conducted through your account, whether authorized or not.

Your credentials may be used to establish legally binding electronic consent for Services, purchases, configuration changes, or usage charges.

You agree to notify SunLuma immediately of any unauthorized access or suspected security breach. SunLuma may suspend or terminate accounts at its discretion.

4. Equipment, Software, and User Responsibility

You are solely responsible for obtaining and maintaining compatible devices, internet access, software, and security protections, including antivirus and firewall software.

SunLuma is not responsible for data loss, system failures, outages, or backup or restoration of data.

SunLuma may store, transmit, reformat, and process data as necessary to operate and maintain the Services. SunLuma does not guarantee protection of data against loss, alteration, or unauthorized access.

5. Pricing, Billing, Fees, and Errors

5.1 Payment Authorization

By providing a payment method, Customer authorizes SunLuma (and its payment processors) to charge all applicable fees, including Subscription Fees, Usage Charges, overages, taxes, and any other amounts owed under this Agreement. Customer represents and warrants that it has the legal right to use the payment method provided.

Customer agrees to pay all fees, charges, and costs associated with the Services, including Subscription Fees, Usage Charges, and any other amounts specified at the time of purchase or as otherwise communicated by SunLuma. All fees are due and payable in accordance with the billing terms selected by the Customer at the time of enrollment or as otherwise stated in the Order.

5.2 Subscription Fees

Subscription Fees are recurring charges billed on a monthly, annual, or other periodic basis, as specified in the Customer’s selected plan. Subscription Fees are billed in advance and are non‑refundable except as expressly stated in this Agreement. Customer authorizes SunLuma to automatically charge the payment method on file for each renewal term unless the subscription is canceled in accordance with Section 6 (Cancellation and Account Termination).

Subscriptions may be monthly or annual and automatically renew unless cancelled.

Setup, onboarding, or implementation fees may apply.

5.3 Third‑Party Fees

Certain features of the Services rely on third‑party providers, including but not limited to telecommunications carriers, email delivery services, artificial intelligence platforms, and other integrated technologies. Customer acknowledges and agrees that third‑party fees, rates, or surcharges may apply and may change at any time. Customer is solely responsible for all such third‑party fees, whether billed directly by the third party or passed through by SunLuma.

5.4 Price Changes

SunLuma may modify its pricing, Subscription Fees, Usage Charges, or any other fees at any time. Unless otherwise stated, price changes will take effect immediately. Customer’s continued use of the Services after any price change constitutes acceptance of the updated pricing.

5.5 Taxes

All fees are exclusive of taxes, levies, duties, or similar governmental assessments, including sales tax, value‑added tax (VAT), goods and services tax (GST), excise tax, or other applicable taxes. Customer is responsible for all such taxes associated with its purchase and use of the Services, excluding taxes based on SunLuma’s net income.

5.6 Late Payments

If any payment is not received when due, SunLuma may, in its sole discretion:

Assess late fees or interest at the maximum rate permitted by law\

Suspend or restrict access to the Services including but not limited to pausing the account

Terminate the Customer’s account

Accelerate all remaining amounts due under the subscription term

Customer remains responsible for all outstanding amounts, including collection costs and reasonable attorneys’ fees incurred by SunLuma in enforcing its rights.

If a payment attempt fails for any reason, including declined or expired card information, access to the Services may be paused immediately until payment is successfully processed.

Refunds, if any, are handled on a case-by-case basis. No refunds are provided for unused subscription time unless required by law or expressly stated in writing.

5.7 Billing Disputes

Customer must notify SunLuma in writing of any billing dispute within thirty (30) days of the date of the disputed charge. Failure to do so constitutes a waiver of the right to dispute the charge. SunLuma will review and respond to all timely disputes in good faith.

SunLuma makes reasonable efforts to present accurate pricing and service information; however, errors may occur.

SunLuma reserves the right to correct errors and to cancel, modify, or refund transactions affected by pricing or listing inaccuracies.

6. Cancellation and Account Termination

6.1 Customer Cancellation

You may cancel your subscription at any time by:

•        Cancelling within your account billing settings (if available), or

•        Submitting a written cancellation request to SunLuma using the contact information listed in Section 19.

Cancellation prevents future renewals and is effective at the end of your current billing period unless otherwise stated in writing.

You remain responsible for all charges incurred prior to the cancellation effective date, including usage-based fees.

6.2 No Partial Refunds

Except as expressly stated in this Agreement or required by applicable law, SunLuma does not provide refunds or credits for partial billing periods, Subscription Fees, Usage Charges, unused time, downgrades, unused features, or any other unused Services.

Your account wallet balance, if any, may be refunded less any applicable fees, monies owed, or other charges incurred before, at, or after the time of cancellation.

6.3 Termination by SunLuma

SunLuma may suspend or terminate your access at any time for nonpayment, violations of these Terms, carrier or provider requirements, legal compliance, risk mitigation, or operational necessity.

7. Customer Data and Retention

7.1 Access and Export

While your subscription is active and your account is in good standing, you may access and export Customer Data using available platform tools. SunLuma does not guarantee that all data types are exportable in every plan or configuration.

7.2 After Cancellation or Termination

After cancellation or termination:

Account access may be disabled

•        Campaigns, automations, messaging, and integrations will stop

•        Customer Data may be retained for up to 24 hours to allow reactivation, support, billing resolution, or compliance review

7.3 Data Deletion

After the retention period, SunLuma may permanently delete Customer Data in its systems.

Residual data may remain temporarily in encrypted backups and will be overwritten in the normal backup rotation process.

7.4 Third-Party Data

Customer Data processed by third-party providers (including SMS carriers, email providers, payment processors, domain registrars, and integrations) is governed by those providers’ retention and deletion policies. SunLuma is not responsible for third-party data practices.

7.5 Legal Retention

SunLuma may retain or preserve Customer Data where required by law, subpoena, court order, or legitimate legal or regulatory obligation.

8. Acceptable Use

You agree not to use the Services in any unlawful, fraudulent, abusive, deceptive, or harmful manner. All SMS communications must be sent only to recipients who have provided proper consent in accordance with applicable laws and carrier requirements.

Prohibited activities include, but are not limited to:

•        Spam, robocalls, or cold SMS

•        Illegal or misleading marketing

•        Political campaigning in violation of carrier or legal rules

•        Adult content or hate speech

•        Unauthorized data scraping or harvesting

•        Reverse engineering or automated access

•        Interference with system operations or security

SunLuma may suspend or terminate access without notice for violations.

SMS Messaging Terms & Conditions

Program Name: SunLuma Business Solutions Messaging Program

Program Description:
By providing your phone number and opting in, you agree to receive SMS messages from SunLuma Business Solutions LLC related to your account, services, appointments, customer support, and occasional marketing communications. Message frequency may vary depending on your interaction with our services.

Opt-Out Instructions:
You may cancel the SMS service at any time by replying STOP to any message. After you send STOP, you will receive a confirmation message and will no longer receive SMS messages from us.

Rejoining Instructions:
To rejoin, you may opt in again through our website, forms, or by contacting us directly.

Help Instructions:
If you experience issues with the messaging program, reply HELP for assistance or contact us at [email protected] or 321-279-2356.

Message and Data Rates:
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. Please contact your wireless provider for details about your messaging plan.

Carrier Disclaimer:
Carriers are not liable for delayed or undelivered messages.

Privacy:
Your information will be handled in accordance with our Privacy Policy. SMS consent is not shared with third parties or affiliates for marketing purposes.

9. Third-Party Links and Services

The Services may integrate with third-party platforms or tools. SunLuma does not endorse and is not responsible for third-party availability, performance, pricing, or policies.

You are solely responsible for all third-party fees, including SMS, voice, email, domain registration, and integration usage charges.

10. Privacy

Use of the Services is subject to SunLuma’s Privacy Policy, if and when published. SunLuma does not sell personal information. Mobile information and SMS consent are not shared with third parties or affiliates for marketing purposes. Information may be disclosed where required by law or necessary to operate the Services.

11. AI Features

SunLuma may offer AI-powered features. AI outputs are not guaranteed to be accurate and must not be relied upon for legal, medical, or financial advice.

You are responsible for reviewing and approving all AI-generated content before use.

12. Intellectual Property and Submissions

All Services, software, and content are owned by or licensed to SunLuma and protected by applicable intellectual property laws.

If you submit feedback, ideas, or materials, you grant SunLuma a worldwide, non-exclusive, royalty-free license to use such submissions without compensation.

13. Monitoring and Disclosure

SunLuma may monitor usage to operate systems, enforce these Terms, comply with law, and protect users and providers.

14. Disclaimers of Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SUNLUMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

To the fullest extent permitted by law, SunLuma shall not be liable for indirect, incidental, consequential, special, or punitive damages.

SunLuma’s total liability shall not exceed the amount paid by you in the thirty (30) days preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify and hold harmless SunLuma from claims arising from your use of the Services, submitted content, violations of law, or third-party disputes.

17. International Use and Compliance

You are responsible for compliance with all applicable local, state, federal, and international laws.

18. Modifications

SunLuma may modify these Terms at any time. Continued use of the Services constitutes acceptance of revised Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Florida. Any dispute shall be resolved through binding arbitration in Florida, with small claims actions permitted where applicable.

20. Severability and Assignment

If any provision is unenforceable, the remaining provisions remain in effect. SunLuma may assign these Terms without notice.

21. Contact Information

SunLuma Business Solutions LLC

7706 North Brahma Terrace

Crystal River, Florida

Email: [email protected]

Phone: 321-279-2356