Terms of service

These terms are between you and Leo Herbold and Eli Konarski, the cofounders of SunBreak, who operate it together (SunBreak, 11 Apex Drive, Suite 300A #373, Marlborough, MA 01752, United States). "We", "us" and "SunBreak" in these terms mean the two of them. By using this website or the SunBreak product, you agree to them. If you are agreeing on behalf of a business, you confirm you are allowed to bind that business, and "you" means the business.

How we handle your information is covered separately in the privacy policy, which is part of this agreement.

SunBreak is in early access. That means the product is still being built: features will change, some will be removed, and there will be bugs and outages. We do not promise uptime or a service level during early access, and we may change or end early access at any time. Do not make SunBreak the only place a piece of information about your business exists.

Keep your login details to yourself and tell us promptly if you think someone else has them. You are responsible for what happens under your account, including what the people you invite do. You must be at least 18 and using SunBreak for a business.

• Break the law with it, or use it to harass, defraud, or harm anyone.
• Upload content you do not have the rights to, or personal information about other people that you are not allowed to share with us.
• Attack the service: probing, scraping, overloading it, or trying to get at other customers' data.
• Resell it, copy it, or reverse engineer it, or use it to build a competing product.

We can suspend an account that is doing any of the above, immediately where the harm is ongoing.

SunBreak uses AI models to read your business information and produce briefs, summaries, and suggestions. This has real limits and you should read them:

• It can be wrong. Output may be incomplete, out of date, or confidently incorrect. Check anything that matters before acting on it.
• It is not professional advice. Nothing SunBreak produces is legal, tax, accounting, financial, employment, medical, or safety advice, and it is not a substitute for a licensed professional or for your own compliance obligations.
• You stay responsible. Decisions you make about your jobs, your money, and your people are yours. We are not liable for what you decide based on the output.
• Output is not unique. Similar inputs can produce similar output for other customers. We make no claim that output is original or that you can obtain exclusive rights in it.

You own everything you put into SunBreak. You give us only the permission we need to run the service for you: to store, copy, display, and process your content, including sending it to the AI providers named in the privacy policy, so we can produce your brief and show it back to you. That permission ends when you delete the content or close your account, apart from the short retention windows in the privacy policy.

We own the SunBreak software, brand, and site. Nothing here transfers that to you.

Early access may be free or discounted. If it is, we will tell you clearly, in advance, before any charge begins.

• Subscriptions renew automatically at the end of each term at the then current price, until you cancel.
• We will remind you before we charge you. For an annual plan we email you at least 30 days before the renewal date. For a monthly plan we email you at least 5 days before. Every reminder states the amount, the date, and how to cancel.
• Cancelling takes no more effort than signing up. You can cancel yourself in your account settings, at any time, in the same number of steps it took to subscribe. We will never make you call us, wait for business hours, or sit through a retention offer to leave.
• Cancellation takes effect at the end of the current term. You keep access until then. We do not prorate partial periods unless the law where you live requires it.
• Price changes are emailed to you at least 30 days before they apply, and they only apply from your next renewal. If you do not want the new price, cancel before then.
• Refunds: if something is genuinely broken and we cannot fix it, email us and we will sort it out. Fees are otherwise non refundable except where the law requires a refund.

You are responsible for applicable taxes. If a payment fails we may suspend the account until it is settled.

You can close your account at any time. We can suspend or close an account that breaches these terms, or stop offering the service entirely with 30 days notice. If we shut the service down, you will get a window to export your data before it is deleted, and a refund of any prepaid fees for the period you did not get.

The service is provided as is and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non infringement, and any warranty that the service will be uninterrupted, secure, or error free.

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, or lost data. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim, or 100 US dollars if you paid us nothing.

Some places do not allow these limits. Where that is true, they apply to you only as far as the law permits, and nothing here limits liability for fraud, or for death or personal injury caused by negligence.

You agree to cover our costs if someone brings a claim against us because of your content, your use of the service, or your breach of these terms. We will tell you promptly about any such claim and let you control the defense of it, and you agree not to settle it in a way that admits fault on our part without our agreement.

We may update these terms. If a change materially affects your rights, we will email you at least 30 days before it takes effect, and you can cancel before then if you do not agree. Otherwise the updated terms apply from the date at the top of this page.

These terms are governed by the laws of the State of Massachusetts, without regard to its conflict of laws rules. Disputes go to the state or federal courts located in Massachusetts, and we both consent to that jurisdiction. If you are a consumer in a place with mandatory local protections, nothing here takes those away from you.

Questions about these terms: hello@usesunbreak.com