Terms of Service

1. Introduction

These Terms of Service, along with any other documents referenced herein as applicable to your use of the products and services, features, technologies, and/or functionalities offered by Sunfish Solutions, LLC ("Sunfish") on its website or through other digital mediums (collectively, the "Sites"), or through any other means (collectively, the "Services") are a contract between you and Sunfish. As part of your use of the services, you may need to set up an account with us first (a "Sunfish Account"). Sunfish Accounts are for personal use only and should not be used for business purposes.

"You" and "your" means the person who is authorized to use the Services as provided in these Terms of Service. "We," "us," and "our" mean Sunfish, and our successors, affiliates, assignees and third-party service providers.

By accessing the Sites or using the Services, you represent that you have read and agree to be bound by these Terms of Service and the Sunfish Privacy Policy. If you do not agree to these Terms of Service or the Sunfish Privacy Policy, please do not access the Sites or use the Services.

If there is a conflict between these Terms of Service and any other document or statement made to you concerning the Services, these Terms of Service will govern. If there is a conflict between these Terms of Service and any other document or statement made to you concerning any other service or product, the separate terms and conditions applicable to that service or product will govern. For example, if you obtain a Sunfish membership or financing, it may be subject to additional terms and conditions.

THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL AND CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS. Please read the entire Terms of Service carefully, but please take special care to read the capitalized provisions as they contain important disclaimers of warranties and limitations on liability.

2. Changes to these Terms of Service.

We may amend these Terms of Service at any time and any change or amendment will be effective upon posting the updated Terms of Service on the Sites. The date on the top of this page shows when the Terms of Service was last updated. We will try to provide reasonable notice in writing or by any method permitted by law if there is a change to these Terms of Service that is adverse to you or imposes additional obligations on you. However, by continuing to use the Sites or the Services, you agree to be bound by such amendments or additional obligations or restrictions.

3. Eligibility and Registration

To access the Sites or use the Services, you must be an individual of at least 18 years of age who resides in the United States or one of its territories. Certain Services may require you to set up a Sunfish Account and for us to verify your identity and share your information with third party service providers to assist us in doing so. If you choose to set up a Sunfish Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If any of this information changes, it is your obligation to provide updated information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the Services. If you do not provide or update your information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Sunfish Account. Use of certain Services may have further eligibility requirements as permitted by applicable law. Certain features of the Services may be limited depending on the state in which you reside, the date on which you created your Sunfish Account or other factors.You may register for only one (1) Sunfish Account. If you open additional accounts, we reserve the right to immediately close such additional accounts. By accessing the Sites or using the Services, you represent and warrant that you are eligible to do so, and that you have read and agree to these Terms of Service.

4. Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. Consent to Receive Communications

To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Sunfish Account or the Services from time to time by text messaging, push notifications and/or email. However, we will always do so with your consent, in compliance with the consumer protection provisions of the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).Your consent to receive communications under this Section of the Terms of Service is limited to your Sunfish Account and the Services, and as authorized by applicable law and regulations. You covenant, warrant and represent that the telephone numbers that you have provided to us are your contact numbers and that you are permitted to receive calls at each of them. You agree to promptly alert us whenever you stop using a particular telephone number that you provided to us.

With the above understandings, you expressly consent to be contacted by us or our affiliates at any telephone number (including mobile or landline), e-mail address, mailing address, or physical or electronic address, in each case, that you provide or at which you may be reached. You agree we, our affiliates, agents, or service providers may contact you in any way, including by voice, voicemail, e-mail, SMS messages (including text messages) and calls using prerecorded messages, artificial voice, or an automated dialing device at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. You understand that the purpose of our communication may be marketing or transactional.


You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at info@joinsunfish.com. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.Your consent to receive communications under this Section of the Terms of Service is effective regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to info@joinsunfish.com.

You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Sunfish Account activity and other matters involving your use of the Sites or the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your Sunfish Account or use of the Sites. We may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.

Monitoring and Recording Telephone Calls: We may monitor or record phone calls made to or from us for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.