Terms of Service

Last Revised: 2025-09-16

10244579 Manitoba Ltd. O/A SunnyT (“SunnyT”, “we”, “us”, “our”) operates the services available via https://sunnyt.app and related subdomains (the “Service”). These Terms of Service (“Terms”, “Agreement”) govern your access to and use of the Service as a consumer (you, “User”, “you”, “your”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any documents incorporated by reference (e.g. Privacy Policy). If you do not agree, do not use the Service.

1. Eligibility

  • You must be at least the age of majority in your province/territory (in Manitoba, 18) to form a binding contract.
  • If you use the Service on behalf of another person (e.g. a minor), you represent that you have the necessary authority to do so.

2. Changes to Terms or Service

  • We may update or modify these Terms or the features of the Service at any time, in our discretion.
  • When changes are material, we'll give notice (e.g. via the app or email) before they take effect. Your continued use after changes means you accept them.

3. Accounts & Registration

  • To use certain features, you must register for an account and provide accurate, current, complete information.
  • You are responsible for safeguarding your login credentials. You're also responsible for all user activity under your account.

4. Free Trial, Subscriptions & Payments

  • Where offered, free trials allow you to try certain features without charge for a limited time. You must cancel before trial expiry to avoid charges.
  • After trial (if any), use of some or all of the Service may require payment under a subscription or fee plan.
  • Payment methods, billing frequency (monthly, annual, etc.), renewal, and cancellation policy will be described at point of purchase.
  • All fees are non-refundable, except as required by law or at our discretion.

5. Cancellation & Termination

  • You may cancel your subscription at any time; cancellation is effective at the end of your current billing period.
  • We may suspend or terminate your access to the Service (or parts of it) in case of breach of these Terms or misuse.
  • Upon termination, accrued rights (e.g. unpaid fees, liabilities, etc.) survive. We may delete your Data (per our Data Retention / Privacy Policy) following termination.

6. Privacy & Data

  • Our Privacy Policy is part of this Agreement. It explains how we collect, use, share, and protect your personal information.
  • We implement reasonable security practices, but no system is 100% secure. Transmission of data over the internet is at your own risk.

7. Intellectual Property

  • All content, software, code, trademarks, logos, designs, and functionality of the Service are owned by SunnyT or its licensors.
  • You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.
  • You may not copy, alter, distribute, publicly display, or use any marks without our express written permission.

8. User-Generated Content

  • You are responsible for any content you upload, post, or otherwise make available via the Service (“User Content”).
  • You warrant that you have rights in it, and that it doesn't violate any laws or third-party rights.
  • By providing User Content, you grant us a worldwide, royalty-free, non-exclusive, irrevocable licence to use, modify, publish, distribute, and display the content for the purposes of operating and promoting the Service.
  • We may remove User Content that violates these Terms or that we deem objectionable, without liability.

9. Prohibited Conduct

You agree not to:

  • Use the Service for unlawful purposes or in violation of any applicable laws.
  • Interfere with or disrupt our services or servers.
  • Impersonate others or misrepresent your identity.
  • Introduce malware, viruses, or any harmful code.
  • Spam, harass, abuse, or otherwise violate the rights of other users.

10. Disclaimers; No Warranty

  • The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied.
  • We do not warrant that the Service will be uninterrupted, secure, error-free, or that defects will be corrected.
  • We do not guarantee results from using the Service. You use it at your own risk.

11. Limitation of Liability

  • To the maximum extent permitted by Manitoba law, SunnyT and its officers, directors, employees, agents, affiliates, licensors will not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, loss of data, or loss of goodwill, even if we've been advised of the possibility.
  • Our total liability to you under this Agreement shall not exceed the amount you have paid us in the past 12-month period (or lesser period of your use), or any lower amount required by law.

12. Indemnification

You agree to indemnify, defend and hold harmless SunnyT and its affiliates, officers, directors, employees, agents from any claim, liability, loss, damage, cost or expense (including legal fees) arising out of:

  • Your violation of these Terms;
  • Your use of the Service;
  • Your User Content;
  • Your violation of laws or third-party rights;
  • Any breach of your representations or warranties hereunder.

13. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein.
  • Any dispute arising out of or relating to the Terms or the Service shall be resolved in the courts of Manitoba.
  • If permitted by law, you and SunnyT agree to first attempt good-faith negotiation or mediation before bringing legal action.

14. Severability; Waiver; Survival

  • If any provision of these Terms is found invalid or unenforceable, the remainder stays in effect.
  • Failure by us to enforce any right or provision under these Terms doesn't waive that right.
  • Provisions that by their nature should survive (e.g. Intellectual Property, Liability, Indemnification, Governing Law) will survive termination or expiry of these Terms.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and SunnyT regarding your use of the Service. They supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

16. Contact & Notice

SunnyT

support@sunnyt.app

You may contact us for notices under this Agreement via email or physical mail. Notices we send will be effective as per standard practice or as required under applicable law.