Terms of Service

Last Updated: December 15, 2025

Welcome to Sunx AI, Inc. (operating under the name “Sunx AI,” “SunxAI,” “we,” or “us”) and its websites https://www.sunx.ai and https://audio.sunx.ai (collectively, the “Websites”), as well as the related hosted applications we provide (the “Applications”), including mobile or other downloadable applications, plugins, tools, and other services (collectively, the “Services”).
These Terms of Service constitute a legally binding agreement between you and SunxAI regarding your use of the Services.

Please read the following terms carefully:

By clicking “I Accept,” or by downloading, installing, accessing, or otherwise using the Services, you acknowledge that you have read and understood these terms and conditions, and that, as a condition of your use of the Services, you agree to be bound by them, including SunxAI’s Privacy Policy, Cookie Policy, and Acceptable Use and Fair Use Policies, which describe your responsibilities when using our Services (collectively, the “Terms”). If you are not eligible or do not agree to these Terms, you are not authorized to use the Services. Your use of the Services, and SunxAI’s provision of the Services to you, constitute an agreement between you and SunxAI governed by these Terms.

Arbitration Notice. Except for certain types of disputes described in Section 21 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved through binding individual arbitration. By accepting these Terms, you and SunxAI each waive the right to a trial by jury and the right to participate in any class action or representative proceeding.

1. Overview of SunxAI Services

The Websites and Applications provide a platform that allows artists, musicians, producers, and other creators to practice, collaborate, and create music using a range of artificial intelligence and other tools, including tools that assist with audio processing, creation, mastering, and songwriting (collectively, the “Tools”) (the “Platform”). Users may upload songs and other media to the Platform, record and/or create songs and other media using the Platform (where such functionality is available), modify content using the Tools, and export final works from the Platform (“Outputs”).

For certain features, SunxAI only provides technical services such as audio separation, extraction, noise reduction, and enhancement, and makes no determination, representation, or guarantee regarding the copyright status of user content or processed results.

2. Music Consumption

The Services are intended to provide musicians and artists with a platform to create and collaborate on music, rather than for passive music consumption. SunxAI reserves the right, at its sole discretion, to suspend or terminate the accounts of users who primarily use or access the Services for the purpose of consuming music.

3. Artificial Intelligence Disclaimer

SunxAI uses artificial intelligence and machine learning technologies to provide the Services. You acknowledge and agree that the technologies used by SunxAI to provide the Services are experimental, rapidly evolving, and may produce unexpected outputs and results. The results generated by these Tools may contain errors, omissions, or may not accurately reflect real events, locations, people, or facts.

Certain Tools may use artificial intelligence to provide lyric suggestions, words, phrases, chords, rhymes, processed sounds, lyrics, and metadata (“SunxAI-Generated Content”). Due to the nature of machine learning, SunxAI-Generated Content may be inaccurate or offensive. You acknowledge and agree that SunxAI is not responsible for any errors, inaccuracies, omissions, or offensive content in SunxAI-Generated Content or any other content generated by the Tools, and that you assume all risks associated with using such content.

You assume full responsibility and risk for your use of SunxAI-Generated Content and agree to indemnify and hold SunxAI harmless from any claims arising out of your use of such content. You bear all risks associated with the use of SunxAI-Generated Content.

The foregoing disclaimer regarding SunxAI-Generated Content does not apply to outputs from Services that solely provide audio processing functionality.

4. Eligibility

You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant that:

(a) You are at least 13 years of age;

(b) If you are between the ages of 13 and 17, your parent or legal guardian has expressly consented to your access to and use of the Services;

(c) You have not previously been suspended or terminated from using the Services; and

(d) Your registration for and use of the Services comply with all applicable laws and regulations.

If you are an entity, organization, or company (“Organization”), the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them.

5. Accounts and Registration

To access most features of the Services, you must register for an account. You may register using an existing third-party account (such as Google, Facebook, Apple, or X), or you may create a separate account for the Services.

When registering, you may be required to provide certain personal information, such as your name, email address, or other contact information, or authorize a third party to share such information with us. You agree that all information you provide is accurate, complete, and not misleading, and that you will keep such information accurate and up to date.

During registration, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us by email at support@sunx.ai.

6. General Payment Terms

Certain features of the Services may require you to pay fees, which may be in the form of subscription fees, one-time payments, or usage-based credits. Before paying any fees, you will have the opportunity to review and accept the applicable charges. Unless otherwise expressly stated in these Terms, all fees are denominated in U.S. dollars and are non-refundable, except as required by law.

You may access paid features through the following methods: by using your credit card through the Websites or Applications (“Direct Payments”), or, where available, through partner app store billing (“App Store Payments”). For Direct Payments, we may use third-party payment processors, which will collect, use, and process your information, including payment information. Your Direct Payments will also be subject to the terms and conditions of those third-party payment processors.

For App Store Payments, you may pay through the Apple App Store or Google Play Store. All such transactions are final, and except as required by law, we do not provide refunds. All App Store Payments are subject to the payment policies of the applicable app store (such as Apple or Google).

All credit purchases and allocations (as further described in Section 7.1(d)) are final and non-refundable. Upon account termination or termination of these Terms, you will not receive any refund, compensation, or credit for unused credits, expired credits, or any remaining balance in your account, as provided in Section 7.1(d).

6.1 Pricing

SunxAI reserves the right to charge fees for the Services and any individual features thereof. Before you purchase or subscribe to any paid Services, SunxAI will provide you with pricing information. Prices and features for subscription service tiers are available on the “Pricing Page,” which you can access after logging into the Services.

SunxAI may, at its sole discretion, change the fees for the Services and/or any Service features, including additional fees or charges, credit allocations, pricing for additional credits, and credit consumption rates, provided that SunxAI will notify you in advance of such changes before they take effect. SunxAI may also, at its sole discretion, offer promotional plans with different features and different prices to any of its customers. Unless such promotional offers are specifically made available to you, they will not apply to your plan or these Terms.

6.2 Authorization

You authorize SunxAI to charge all amounts for orders placed and for any service tiers you select, including all applicable taxes, to the payment method designated in your account in accordance with these Terms or as otherwise disclosed by SunxAI. If you pay any fees by credit card, SunxAI may pre-authorize your credit card account prior to purchase to verify that the credit card is valid and has sufficient funds or credit available to cover your purchase.

6.3 Subscription Services

The Services may include certain subscription-based plans that automatically renew on a recurring basis (each, a “Subscription Service”). The price for each Subscription Service (the “Subscription Fee”) may vary by plan, and the applicable price will be displayed on the “Pricing Page” at the time you sign up for the selected Subscription Service. The “Subscription Billing Date” is the date on which you first purchase a Subscription Service.

A Subscription Service begins on the Subscription Billing Date and continues until the end of the subscription period you selected in your account (the “Initial Subscription Term”). Thereafter, the Subscription Service will automatically renew for successive periods of the same duration as the Initial Subscription Term (each, a “Renewal Term,” and together with the Initial Subscription Term, the “Subscription Term”), unless you cancel or upgrade your Subscription Service, or unless we terminate the Subscription Service.

By activating a Subscription Service, you authorize SunxAI or its third-party payment processor to charge all accrued amounts on a recurring basis until the Subscription Service is canceled. Your account will be automatically charged the applicable Subscription Fee and taxes on each billing date; thereafter, on each renewal date, the applicable Subscription Fee and taxes for the next Subscription Term will be automatically charged.

You must cancel your Subscription Service at least 24 hours prior to the renewal date to avoid being charged the Subscription Fee and taxes for the next Subscription Term. SunxAI or its third-party payment processor will charge the recurring Subscription Fees and taxes using the payment method associated with your account or any other payment method you have provided to us.

You may cancel your Subscription Service by following the steps on our cancellation page or by contacting us via email at support@sunx.ai. Your cancellation request must be received at least 24 hours prior to the renewal date to avoid charges for the next Subscription Term.

6.4 Delinquent Accounts

For any account with past-due amounts, SunxAI reserves the right to suspend or terminate access to the Services, including any paid portions of the Services. In addition to amounts due for the Services, delinquent accounts may be charged fees associated with the collection of any unpaid amounts, including collection fees.

If your payment method becomes invalid at the time a renewal fee is due, SunxAI reserves the right to delete your account and any information or user content associated with your account (as defined below), without any liability to you.

7. SunxAI Service Offerings

7.1 SunxAI offers both paid and free versions of the Services, as well as certain on-demand features available to individual users (“Users”) for access and use.

(a) Free Version.
The free version of the Services provides Users with limited access to the Platform and Tools (the “Free Version”). When using the Free Version, your ability to export content is restricted, and certain features may be unavailable or subject to time or usage limitations. You may view the limited features of the Free Version on our account page. SunxAI does not guarantee when, or if, subscription service features will be made available in the Free Version of the SunxAI Platform.

(b) Paid Versions.
SunxAI offers multiple tiers of Subscription Services, each of which automatically renews at the end of your billing cycle for the same duration as set forth in Section 6.3 (Subscription Services). You may upgrade from the Free Version to a Subscription Service, or upgrade to a higher-tier Subscription Service, at any time by following the instructions on the Pricing Page. Before accessing a Subscription Service, you must pay the applicable fees displayed on the Pricing Page. If you downgrade from a Subscription Service to the Free Version or to a lower-tier paid plan, certain features in your account (including any individually purchased features, as defined below) will be disabled and locked at the end of the current subscription period, and you may lose access to certain content you uploaded to your Subscription Service account unless you re-subscribe to a plan that includes those features.

(c) Individually Paid Features.
SunxAI may offer certain tools or features that require separate payment (each, an “Individually Paid Feature”). When you order an Individually Paid Feature, the applicable fee will be displayed, and you will be charged accordingly. Access to certain Individually Paid Features may require you to maintain an active Subscription Service. After payment, SunxAI will provide access to the Individually Paid Feature until one of the following occurs: (a) SunxAI removes the feature from the Platform (at its sole discretion and without notice); (b) your Subscription Service terminates, if a Subscription Service is required for access; or (c) SunxAI terminates your access in accordance with these Terms.

(d) Credit Allocation and Use.
Use of the SunxAI Separation Model (as described in Section 12.2 below) is based on a credit system (“Credits”). Each 30 seconds of audio processed (or any portion thereof) consumes one (1) Credit (for example, a 1 minute and 10 second audio file consumes three (3) Credits). Once your Credits are exhausted, you will no longer be able to use the SunxAI Separation Model. Each Subscription Service tier includes a monthly allotment of Credits as specified on the Pricing Page (“Included Credits”), which are automatically replenished on your subscription billing date. Any unused Included Credits expire at the end of each monthly billing cycle, do not roll over to the next month, and are not eligible for compensation. If you have a paid account, you may purchase additional Credits at the rates provided (“Purchased Credits”) once your balance is depleted. Purchased Credits do not expire as long as your Service account remains active and may be used to access the SunxAI Separation Model. However, if you downgrade your Service account, certain features may no longer be available. You will not receive any refund, credit, or other compensation for unused or expired Credits, including, without limitation, Included Credits that expire at the end of a monthly billing cycle, or any remaining Purchased Credits if you choose to downgrade or delete your Service account.

7.2 Beta Features

From time to time, SunxAI may add new features or services to the Services that are designated as “beta” features or services (collectively, “Beta Features”). Beta Features are considered part of the Services, and all terms applicable to the Services apply equally to such Beta Features. Beta Features may include partial or non-functional aspects of the Services. By using Beta Features, you authorize SunxAI to access and use your usage data for product development, research, and analysis purposes. You acknowledge and agree that access to Beta Features is optional and that your use of Beta Features is at your own risk. SunxAI may discontinue Beta Features at any time without notice and without any liability to you.

8. License

8.1 Limited License

Subject to your full and ongoing compliance with these Terms, SunxAI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, solely for your personal use, to: (a) install and use one copy of the object code of any mobile or other downloadable application associated with the Services on a mobile device that you own or control (whether installed by you or pre-installed by the device manufacturer or wireless carrier); and (b) access and use the Websites and the Platform.

8.2 SunxAI Demo Collection

SunxAI may make available on the Platform a limited selection of curated recordings for users to demonstrate or experience the Tools (the “SunxAI Collection”). SunxAI does not guarantee when or whether the SunxAI Collection will be made available. SunxAI may, at its sole discretion, modify the contents of the SunxAI Collection and the Tools associated with it at any time, without any liability to you.

To the extent SunxAI provides the SunxAI Collection, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to copy, distribute, publicly perform, and create derivative works of the SunxAI Collection solely through the Services, and solely for your personal use of the Tools provided on the Platform for sampling or demonstration purposes. Unless expressly authorized by SunxAI, you may not:
(a) copy, publicly perform, publicly display, create derivative works of, or otherwise distribute the SunxAI Collection outside the Platform;
(b) sublicense, sell, lend, share, broadcast, rent, transfer, lease, or otherwise make the SunxAI Collection available to any third party;
(c) use the SunxAI Collection in connection with audiovisual works or any other content that is distributed, displayed, or hosted on third-party platforms;
(d) use the SunxAI Collection as the sole input, or as part of a larger dataset, to train or fine-tune any artificial intelligence or machine learning models; or
(e) export the SunxAI Collection from the Services.

8.3 SunxAI-Generated Content

8.3.1 Scope Clarification

For the avoidance of doubt, where the Services provide you only with technical processing functions such as audio separation, extraction, noise reduction, enhancement, remixing, or other processing that does not involve the generation of entirely new audio works (collectively, the “Audio Processing Functions”), all provisions in this Section 8.3 relating to “SunxAI-Generated Content” do not apply to any outputs produced through such Audio Processing Functions.

In such cases:

• The service outputs constitute solely technical processing results of the audio content submitted by the user;
• Such outputs do not constitute new original works or derivative works; and
• SunxAI does not claim any copyright or related rights in such outputs.

8.3.2 Preconditions for Applicability of Generated Content Terms

The following provisions regarding “SunxAI-Generated Content” apply only where SunxAI expressly provides services that generate entirely new audio content, musical works, or lyrics based on artificial intelligence models.

8.3.3 License to Use SunxAI-Generated Content

Subject to your continuous compliance with these Terms, SunxAI grants you a non-exclusive, non-transferable, perpetual right and license to use SunxAI-Generated Content in combination with other lyrics and sounds for the purpose of songwriting and music production, including the creation of new lyrics, musical works, recordings, and audiovisual works.

Within the scope of the foregoing license, you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public, create derivative works from, and otherwise use SunxAI-Generated Content, including for commercial purposes.

8.3.4 Restrictions on Use

Notwithstanding the foregoing license, you may not:

(a) Use SunxAI-Generated Content on a standalone basis as suggestions, lyrics, sound effects, audio, or any other form of sample material (even if modified), or sublicense such content;
(b) Use SunxAI-Generated Content in any manner that competes with SunxAI or its licensors;
(c) Use SunxAI-Generated Content or outputs as the sole input, or as part of a larger dataset, to train or fine-tune any artificial intelligence or machine learning models; or
(d) Sublicense, sell, lend, share, broadcast, rent, lease, transfer, distribute, or otherwise convey SunxAI-Generated Content in whole to any third party, except as incorporated into a new work.

8.3.5 Exclusion

For the avoidance of doubt, “SunxAI-Generated Content” does not include the SunxAI Collection.

---

8.4 License Restrictions

Except to the extent such restrictions are prohibited by applicable law, you may not: (a) copy, distribute, publicly display, publicly perform, or create derivative works of the Services; (b) modify the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanisms. If you are prohibited under applicable law from using the Services, you may not use the Services.

8.5 Feedback

We value and appreciate user feedback. If you choose to provide comments, suggestions, or ideas regarding existing features, service issues, or proposed modifications or improvements (collectively, “Feedback”), you hereby grant SunxAI an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, royalty-free right and license to use such Feedback in any manner and for any purpose, including improving the Services and developing other products and services. SunxAI has no obligation to attribute or credit you for any Feedback.

9. Ownership; Proprietary Rights

The Services are owned and operated by SunxAI. The Platform, SunxAI-Generated Content, the SunxAI Collection, and all visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (collectively, the “Materials”) are protected by intellectual property laws and other applicable laws. All Materials contained in the Services are the property of SunxAI or its third-party licensors. Except as expressly authorized by SunxAI, you may not use the Materials. No implied licenses are granted under these Terms, and SunxAI reserves all rights in the Materials not expressly granted herein.

10. Third-Party Terms

10.1 Third-Party Services and Linked Websites

SunxAI may provide tools through the Services that enable you to export information (including User Content) to third-party services, such as by allowing you to link your account with the Services to an account on a third-party service. The Services may also allow you to upload content from third-party services into the Services. By using these tools, you authorize SunxAI to transfer your information, including information relating to your User Content, to the applicable third-party service. Third-party services are not under SunxAI’s control, and to the fullest extent permitted by law, SunxAI assumes no responsibility for any third-party service’s use of information you export.

You are responsible for ensuring that you have all necessary authorizations, consents, licenses, and rights required to upload content from any third-party service to the Platform. The Services may contain links to third-party websites that are not controlled by SunxAI, and SunxAI is not responsible for their content. Before sharing any User Content or information with a third-party service, you should carefully review its terms of use and privacy policy. Once information is shared, SunxAI will have no control over such information.

10.2 Third-Party Software

The Services may include or integrate certain third-party software components that are generally made available free of charge under licenses that grant recipients broad rights to copy, modify, and distribute such components (“Third-Party Components”). Although the Services are governed by these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses, or from using such Third-Party Components in accordance with those licenses.

11. User Content

11.1 Overview of User Content

The Services may allow users to upload, transmit, publish, record, submit, broadcast, create, or otherwise provide (collectively, “Submit”) content, including messages, comments, photos, videos, or audio (including recordings, lyrics, musical recordings, and the underlying musical works embodied in video or audio), images, folders, data, text, and any other original or other works (collectively, “User Content”). You retain any copyrights and other ownership rights you hold in the User Content you Submit to the Services, subject to the licenses granted in these Terms. You acknowledge and agree, however, that if you are an employee of an organization, that organization may own rights in such User Content.

11.2 Limited License Granted to SunxAI

By Submitting User Content and/or generating Outputs through the Services, you grant SunxAI (and its successors and/or affiliates) a worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up, unrestricted right and license (including the right to sublicense through multiple tiers) to host, store, transmit, publicly display, publicly perform (including by means of digital audio transmission), communicate to the public, reproduce, modify for purposes of formatting and display, create derivative works from, and distribute your User Content and Outputs, in whole or in part, in any media formats and through any media channels, whether now known or hereafter developed, solely for the purpose of providing the Services to you.

If you publicly share User Content and/or Outputs through the Services, this license also includes the right for SunxAI (and its successors and/or affiliates) to use such unedited User Content and/or Outputs (except for edits for clipping, looping, or timing control) on a perpetual basis to promote the Services, including use in audiovisual content published on our social media accounts. Sharing User Content and/or Outputs with a limited number of other users through private playlists or similar features does not constitute “public” sharing for these purposes.

In addition, you hereby grant SunxAI (and its successors and/or affiliates) the right to use data, content, and information derived from User Content, Outputs, and your use of the Services to provide, develop, and improve the Services, and for analytics, testing, and quality assurance purposes. You agree that your data may be aggregated with data from other SunxAI users for these purposes. All rights granted in these Terms are provided on an “audience-facing” basis, meaning that owners or operators of external services will not have any separate liability to you or any third party for User Content, Outputs, or other content submitted through the Services or otherwise used. You agree to pay all amounts owed to any person or entity arising from your use of User Content and Outputs and from the exercise of the licenses granted in this Section.

The licenses granted in this Section do not include any right for SunxAI to use your User Content or Outputs to train or fine-tune artificial intelligence or machine learning models, unless you have expressly authorized such use in writing or through an electronic opt-in mechanism.

11.3 Special Rules for Photos and Images

If you submit photos or images containing one or more individuals to the Services, you hereby grant the individuals depicted in the photos, and their managers, guardians, heirs, and trustees (if any), an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display such photos for personal use, and to display them through any online platform or service (including the Services, Facebook, Instagram, and Twitter), provided that such use is not for the promotion of any third-party product, goods, or services. The license granted in this Section does not permit any individual depicted in the photos, or their managers, guardians, heirs, or trustees, to sell the image or photo, whether sold individually or as part of any product.

11.4 Special Rules for Musical Works and Recording Artists

If you are the composer or author of a musical work and have granted non-exclusive rights to a performing rights organization (“PRO”), you must notify your PRO of the royalty-free license you grant to SunxAI under these Terms. You are solely responsible for ensuring compliance with any reporting obligations required by your PRO. If you have assigned your rights to a music publisher or PRO, you must obtain that publisher’s or PRO’s consent to grant the royalty-free license set forth in these Terms, or ensure that such publisher or PRO enters into these Terms with SunxAI.

Merely because you have created a musical work (for example, by writing a song) does not mean that you have the right to grant SunxAI the licenses described in these Terms. If you are a recording artist signed to a record label, you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you have to your label, including with respect to any new recordings created through the Services that may be claimed by your label.

Finally, if you wish to perform cover songs and submit them to the Services, including by recording your performance through the Services or uploading a recording of your performance, you are responsible for obtaining all necessary rights in the underlying musical works before submitting your recording or performance to the Services.

11.5 You Must Own or Have Rights to Submitted Content; User Content Representations and Warranties

You may not submit User Content unless you own all elements of such User Content (including all background music and any underlying musical works embodied in any recordings) or have obtained full authorization to grant rights to all such elements. SunxAI assumes no responsibility for User Content. You are solely responsible for your User Content and for the consequences of providing User Content through the Services. By providing User Content through the Services, you represent, warrant, and confirm that:

(a) You are the creator and owner of the User Content, or have obtained all necessary licenses, rights, consents, and permissions to authorize SunxAI and users of the Services to use and distribute your User Content as contemplated by the licenses granted by you in these Terms;

(b) Your User Content, and the submission or other use of your User Content as contemplated by these Terms, does not and will not:
(i) infringe, violate, misappropriate, or otherwise breach any third party’s rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property, contractual, or proprietary rights;
(ii) defame, disparage, or invade the privacy, publicity, or other proprietary rights of any other person; or
(iii) cause SunxAI to violate any law or regulation, or require SunxAI to obtain any additional licenses from, or pay any royalties, fees, compensation, or other amounts to, or provide any attribution to, any third party; and

(c) Your User Content would not be deemed by a reasonable person to be offensive, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

11.6 User Content Disclaimer

We have no obligation to edit or control User Content submitted by you or other users, and we assume no responsibility for User Content. However, SunxAI may, at any time and without prior notice, review, remove, edit, or block any User Content that we determine, in our sole discretion, violates these Terms, potentially infringes third-party rights, or is otherwise inappropriate.

You understand that when using the Services, you will be exposed to User Content from a variety of sources, and you acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against SunxAI with respect to User Content.

If we receive notice from a user or a content owner alleging that User Content does not comply with these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove such User Content. We reserve the right to remove User Content at any time without prior notice. For the avoidance of doubt, SunxAI does not permit infringing activities on the Services.

11.7 Content Monitoring

SunxAI does not control and has no obligation to monitor: (a) User Content; (b) any content provided by third parties; or (c) users’ use of the Services. You acknowledge and agree that SunxAI reserves the right, and may at any time, monitor any and all information transmitted or received through the Services for operational or other purposes. If SunxAI chooses to monitor content, SunxAI nonetheless assumes no responsibility for the content or for any loss or damage resulting from the use of such content.

During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (as defined below). SunxAI may block, filter, mute, remove, or disable access to any User Content submitted to or transmitted through the Services, without any liability to the user submitting such User Content or to any other user of the Services.

11.8 Special Rules for User Content Containing Personal Data Subject to the GDPR

If User Content you submit contains personal data of data subjects protected under the EU General Data Protection Regulation (“GDPR”), you act as the data controller for such data and are responsible for compliance with the GDPR. You authorize us to process such data on your behalf through our hosted providers. You also authorize us to engage additional parties as data processors. We will process User Content you submit in accordance with these Terms.

12. Additional Terms for Specific Features

12.1 SunxAI Voice Models

SunxAI may provide certain features as part of the Services that allow you to digitally imitate voices using artificial intelligence models (“SunxAI Voice Models”). You may use voice models created by SunxAI or create custom voice models using your own recordings.

If you create a custom voice model through the Services, you represent and warrant that you have all rights, licenses, and consents necessary to upload the recordings and to create and use the corresponding voice model of the voice owner. You may not use SunxAI Voice Models (including any outputs generated using SunxAI Voice Models) for any of the following purposes:
(a) any illegal, fraudulent, or discriminatory purpose;
(b) impersonating another person without authorization (whether living, deceased, or fictional);
(c) spreading misinformation;
(d) creating any obscene, defamatory, libelous, pornographic, or threatening content;
(e) promoting or engaging in hate speech, abuse, or harassment; or
(f) any other harmful purpose as determined by SunxAI in its sole discretion.

12.2 SunxAI Generation Models

SunxAI may provide certain features as part of the Services that allow you to generate and receive music created by artificial intelligence models (“SunxAI Generation Models”) based on User Content you provide, including recordings and text prompts. You may not include any of the following in User Content used in connection with SunxAI Generation Models:
(a) music content (including recordings and musical works) that you do not own or do not have the right to submit to the Services;
(b) any song or album titles;
(c) the name of any living or deceased artist (stage name or legal name);
(d) any portion of lyrics that could be identified as referring to a specific song or specific artist; or
(e) any User Content intended to encourage the generation of outputs that may infringe any third party’s intellectual property rights, rights of publicity, or other protected rights.

13. Communications

13.1 Push Notifications

By installing our application on your mobile device, you consent to receive push notifications. Push notifications are messages sent to your mobile device when you are not actively using the application. You may disable push notifications by accessing the “Settings” page on your mobile device or within the settings of the SunxAI mobile application.

13.2 Emails

We may send you emails regarding our products and services, as well as third-party products and services. You may opt out of receiving promotional emails by following the unsubscribe instructions included in such emails.

14. Prohibited Conduct

By using the Services, you agree that you will not:

14.1 Use the Services for any unlawful purpose or in violation of any local, state, national, or international law;

14.2 Use the Services, or any content, information, or data obtained from the Services, to inform, train, develop, or operate (or as input, whether used alone or as part of a larger dataset) any artificial intelligence or machine learning technologies, services, or algorithms;

14.3 Use the Services, or any content, information, or data obtained from the Services, in any manner that competes with, is intended to compete with, or replaces SunxAI or its market offerings;

14.4 Harass, threaten, demean, humiliate, bully, or otherwise harm any other user of the Services;

14.5 Infringe, encourage others to infringe, or provide instructions on how to infringe or misappropriate any third party’s rights, including intellectual property rights;

14.6 Access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism other than software or search agents provided by SunxAI, including spiders, robots, crawlers, or data mining tools;

14.7 Interfere with or attempt to circumvent any security-related features of the Services, including:
(i) disabling or bypassing features that prevent or restrict use, printing, or copying of any content; or
(ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services, except to the extent such activity is expressly permitted by applicable law;

14.8 Interfere with the operation of the Services or any user’s enjoyment of the Services, including by:
(i) uploading or otherwise disseminating any viruses, adware, spyware, worms, or other malicious code;
(ii) making any unsolicited offers or advertisements to other users of the Services;
(iii) collecting personal information of other users or third parties without consent; or
(iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services;

14.9 Engage in any fraudulent activity, including impersonating any person or entity, falsely claiming an affiliation or identity, accessing another user’s account without authorization, or falsifying your age or date of birth;

14.10 Sell or otherwise transfer any access granted under these Terms, or any Materials (as defined in Section 9 (Ownership; Proprietary Rights)), or any right or ability to view, access, or use any Materials; or

14.11 Attempt to engage in, assist, or permit any person to engage in any of the prohibited activities described in this Section 14 (Prohibited Conduct).

15. Intellectual Property Protection

15.1 Respect for Third-Party Rights

SunxAI respects the intellectual property rights of others, places a high value on intellectual property protection, and expects users of the Services to do the same. Any infringing activity conducted through the Services will not be tolerated.

15.2 DMCA Notice

We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended) applicable to internet service providers. If you have an intellectual property complaint regarding any content on the Services, you may contact our designated agent at the following address:

Sunx AI, Inc.
Attn: Copyright Agent
131 Continental Dr, Suite 305
Newark, Delaware 19713
United States
Email: copyright@sunx.ai

15.3 Procedure for Reporting Infringement

If you believe that any content made available through the Services has been used or exploited in a manner that infringes intellectual property rights you own or control, please promptly send a written “Notice of Infringement” to the designated agent listed above, including the following information:

(a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right allegedly infringed;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of the material that you claim is infringing and its location on the Services;

(d) Your address, telephone number, and email address;

(e) A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

(f) A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the owner of the copyright or other intellectual property right, or are authorized to act on behalf of the owner.

SunxAI may share your infringement notice with the user alleged to have infringed your rights, as well as with operators of public databases that track infringement notices, and you consent to such disclosures. You should consult your legal counsel or review 17 U.S.C. § 512 to confirm your obligations in submitting a valid infringement notice.

15.4 Repeat Infringers

SunxAI’s policy is to: (a) remove or disable access to material that SunxAI in good faith believes infringes the intellectual property rights of third parties and is provided through the Service, upon receipt of notice from the intellectual property owner or their authorized agent; and (b) in appropriate circumstances, terminate the accounts of users who repeatedly or seriously infringe the copyrights or other intellectual property rights of others and block their access to the Service. SunxAI will terminate accounts it determines to be repeat infringers. However, SunxAI reserves the right, in its sole discretion, to suspend or terminate user accounts.

15.5 Counter-Notification

If you receive notice from SunxAI that material you provided through the Service has become the subject of a notification of claimed infringement, you may provide SunxAI with a so-called “counter-notification.” To be effective, a counter-notification must be in writing, submitted to SunxAI’s Designated Agent using one of the methods specified in Section 15.2 (DMCA Notices), and must include substantially the following information:

(a) Your physical or electronic signature;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which SunxAI may be found, and that you will accept service of process from the person who provided the notification under Section 15.2 (DMCA Notices) above or an agent of such person.

The party submitting a counter-notification should consult a lawyer or refer to 17 U.S.C. § 512 to confirm their obligations to provide a valid counter-notification under the Copyright Act.

15.6 Reposting of Content Subject to Counter-Notification

If you submit a counter-notification to SunxAI in response to a notice of claimed infringement, SunxAI will promptly provide the person who submitted the notice of claimed infringement with a copy of your counter-notification and inform them that SunxAI will replace the removed user content or cease disabling access to it in 10 business days. Unless SunxAI’s Designated Agent receives notice from the person who submitted the notice of claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on SunxAI’s system or network, SunxAI will replace the removed user content and cease disabling access to it not less than 10 business days and not more than 14 business days after receiving the counter-notification.

15.7 False Notices of Infringement or Counter-Notifications

Section 512(f) of the Copyright Act provides: “Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” SunxAI reserves the right to seek damages from any party that submits a notice of claimed infringement or counter-notification in violation of the law.

16. Changes to Terms

We may revise these Terms from time to time. Please check these Terms periodically for changes. Unless otherwise specified, all revisions take effect immediately; for existing users, material revisions will take effect 30 days after posting or after we notify you of the revisions. We may require you to accept the modified Terms in order to continue using the Service. If you do not agree to the modified Terms, you should delete your User Content and discontinue use of the Service. Except as expressly permitted in this Section 16 (Changes to Terms), these Terms may only be amended by a written agreement signed by authorized representatives of both parties.

17. Term, Termination, and Changes to the Service

17.1 Term

These Terms commence on the date you accept them or first download, install, access, or use the Service and continue until terminated as set forth in Section 17.2 (Termination).

17.2 Termination

If you breach any material provision of these Terms, your authorization to access the Service and these Terms will automatically terminate. In addition, SunxAI may, in its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such action. You may terminate your account and these Terms at any time by accessing your account settings on the Service or contacting us via email at support@sunx.ai.

17.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay SunxAI any unpaid amounts owed prior to termination; (d) all payment obligations accrued prior to termination survive; (e) all unused credits in your account will be forfeited without compensation; and (f) Sections 8.5 (Feedback), 9 (Ownership; Proprietary Rights), 11 (User Content), 12 (Additional Terms for Specific Features), 14 (Prohibited Conduct), 17.3 (Effect of Termination), 18 (Indemnification), 19 (Disclaimer of Warranties; No Guarantees from SunxAI), 20 (Limitation of Liability), 21 (Dispute Resolution and Arbitration), and 22 (Miscellaneous) will continue in effect and apply according to their terms.

You are solely responsible for retaining copies of any User Content you submit to the Service (including any recordings you make using the Service) and any Outputs you create using the Service, as you may lose access to any User Content you submitted to the Service upon termination of your account. If your account is terminated for breach of these Terms, you may not create a new account on the Service using a different name, email address, or other form of account verification.

17.4 Changes to the Service

SunxAI reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Service (including restricting or terminating certain features of the Service), with or without notice. SunxAI will not be liable for any modification to the Service, including the deprecation of any single feature or other paid features, or for any suspension or termination of your access to or use of the Service.

17.5 No Obligation to Store Your Content

SunxAI has no obligation to store, maintain, or provide you with a copy of any content you submit to the Service or any Outputs generated using the Service. SunxAI may, in its sole discretion, restrict or revoke your ability to access User Content or store Outputs. You should retain copies of any User Content you submit to the Service and promptly download any Outputs you generate using the Service so that you have a permanent copy in the event changes to the Service prevent you from accessing such content through the Service.

18. Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Service and shall defend and indemnify SunxAI and its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the “SunxAI Entities”) from and against any claims brought by any third party and any related liability, damage, loss, and expense (including attorneys’ fees and costs) arising out of or related to: (a) your unauthorized use or misuse of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party rights, including any intellectual property rights or publicity, confidentiality, other property, or privacy rights; or (d) any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

19. Disclaimer of Warranties; No Guarantees from SunxAI

19.1

The Service and all materials and content available through the Service or generated using the Service are provided “as is” and “as available.” SunxAI expressly disclaims all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service or generated using the Service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade practice. SunxAI does not warrant that the Service or any portion of the Service, or any materials or content offered through the Service or generated using the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and SunxAI does not warrant that any such issues will be corrected.

19.2

No advice or information, whether oral or written, obtained by you from the Service or any SunxAI Entity, or any materials or content available through the Service or generated using the Service, will create any warranty regarding any SunxAI Entity or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from: (a) the Service; (b) any errors, inaccuracies, or omissions in any content generated by SunxAI or other content provided by tools; (c) your ability or inability to upload, export, retrieve, transmit, or delete any User Content, SunxAI-generated content, Outputs, or data collected by SunxAI from the Service; and (d) your transactions with any other users of the Service. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data (including User Content and Outputs). We are not responsible for any loss of credits resulting from expiration, termination, Service interruption, or your inability to use credit-based features.

19.3

The limitations, exclusions, and disclaimers in this Section 19 (Disclaimer of Warranties; No Guarantees from SunxAI) apply to the fullest extent permitted by law. SunxAI does not disclaim any warranty or other right that SunxAI is prohibited from disclaiming under applicable law.

20. Limitation of Liability

20.1

To the fullest extent permitted by law, in no event will the SunxAI Entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service or generated using the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any SunxAI Entity has been informed of the possibility of such damage.

20.2

Except as provided in Section 21.5 (Commencing Arbitration) and Section 20.7 (Arbitration Relief), to the fullest extent permitted by law, the SunxAI Entities’ aggregate liability to you for any claims arising out of or relating to the use of or inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to SunxAI for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim; and (b) $100.

20.3

Each provision in these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 20 (Limitation of Liability) will apply even if any limited remedy fails of its essential purpose.

21. Dispute Resolution and Arbitration

21.1 Generally

Except as provided in Section 21.2 (Exceptions) and Section 21.3 (Opt-Out), you and SunxAI agree that any dispute arising out of these Terms, the Service, or any communication between us and you will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. This arbitration agreement covers all claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether arising during or after the termination of these Terms. Any dispute regarding the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

You understand and agree that, by accepting these Terms, you and SunxAI are each waiving the right to a trial by jury or to participate in a class action.

21.2 Exceptions

Notwithstanding our agreement to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in court during arbitration; or (d) file suit in court to address an intellectual property infringement claim.

21.3 Opt-Out

If you do not wish to resolve disputes through binding arbitration, you may opt out of the provisions of this Section 21 (Dispute Resolution and Arbitration) within 30 days after the date you agree to these Terms. To opt out, you must send a letter to SunxAI (Attn: Legal Department - Arbitration Opt-Out, 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States) that includes: your full name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Upon receipt of your Opt-Out Notice, this Section 21 (Dispute Resolution and Arbitration) will be void, and any action arising out of these Terms will be resolved as set forth in Section 22.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

21.4 Arbitrator

This arbitration agreement and any arbitration between us are subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA (+1-800-778-7879), or by contacting SunxAI.

21.5 Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified mail or Federal Express (signature required) or, if the other party has not provided a current physical address, then by email (“Arbitration Notice”). The address for notice to SunxAI is: Sunx AI, Inc., 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States. The Arbitration Notice must: (a) identify the name or account of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties must attempt in good faith to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Arbitration Notice is received, you or SunxAI may commence an arbitration proceeding.

If you commence arbitration under these Terms, SunxAI will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, or SunxAI has received 25 or more similar arbitration demands, in which case payment of fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees will be governed by the AAA Rules, and the other party may seek reimbursement from the AAA for any fees paid.

21.6 Arbitration Proceedings

Unless otherwise agreed, any arbitration hearing will take place in the county and state of your residence. If the claim is for $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing in the county (or parish) of your residence/billing address as established by the AAA Rules.

During the arbitration, the amount of any settlement offer made by you or SunxAI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

21.7 Arbitration Relief

Except as provided in Section 21.8 (No Class Actions), the arbitrator may award any relief available in a court with jurisdiction over the claim. If the arbitrator awards you an amount higher than the last written settlement amount offered by SunxAI before an arbitrator was selected, SunxAI will pay you the higher of: (a) the amount awarded by the arbitrator; or (b) $10,000. The arbitration award will be final and binding on all parties, except for: (1) judicial review expressly permitted by law; or (2) if the award includes injunctive relief against a party, in which case that party may seek judicial review of the injunctive relief in a court of competent jurisdiction, which will not be bound by the arbitrator’s application or conclusions of law. Any court with jurisdiction may enter judgment on the award.

21.8 No Class Actions

You and SunxAI agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and SunxAI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

21.9 Modifications to Arbitration Provision

If SunxAI makes any material change to this arbitration provision, you may reject that change within 30 days of the change by sending written notice to SunxAI’s arbitration notice address. In that case, your account with SunxAI will immediately terminate, and the arbitration provision in effect immediately prior to your rejection will survive.

21.10 Enforceability

If Section 21.8 (No Class Actions) or the entirety of this Section 21 (Dispute Resolution and Arbitration) is found to be unenforceable, or if SunxAI receives an Opt-Out Notice from you, then the entirety of this Section 21 (Dispute Resolution and Arbitration) will be null and void, and in that case, the exclusive jurisdiction and venue described in Section 22.2 (Governing Law) will govern any action arising out of or related to these Terms.

22. Miscellaneous

22.1 General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and SunxAI regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms (including rights related to your User Content) at any time to any affiliate or successor without notice or consent.

Failure to require performance of any provision will not affect our right to require performance at any other time, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

22.2 Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and SunxAI submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, for any actions or proceedings permitted under these Terms. We operate the Service from our offices in Delaware, and we make no representation that materials included in the Service are appropriate, available, or legal in other locations. You are responsible for compliance with all applicable local laws in connection with your use of the Service.

22.3 Privacy Policy

Please read the SunxAI Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The SunxAI Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

22.4 Licensors

Third parties that license content related to the Service to SunxAI (“Licensors”) are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, such Licensors will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22.5 Additional Terms

Your use of the Service is subject to any additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

22.6 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

22.7 Contact Information

The Service is offered by Sunx AI, Inc., located at 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States. You may contact us by sending correspondence to that address or by emailing us at support@sunx.ai.

22.8 Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

22.9 No Support

We are under no obligation to provide support for the Service. If we provide support, such support is provided “as is” without any warranties of any kind, and we may modify, limit, or discontinue such support at any time in our sole discretion. Any support is subject to our published policies.

22.10 International Use

The Service is intended for visitors located in countries or regions where use of the Service is permitted by applicable law. We make no representation that the Service is appropriate or available outside of the foregoing countries or regions. Access to the Service from countries or regions where such access is illegal, or by individuals for whom such access is illegal, is prohibited.