Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SunMule platform, including all web, mobile, and desktop applications, the Honey Badger IoT device, and any related services (collectively, the "Service"), provided by SunMule ("SunMule," "we," "our," or "us").

By creating an account, placing an order, or using the Service in any way, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity.

1. The Service

SunMule provides a cloud-based salon operations platform that includes point-of-sale, room control via the Honey Badger IoT device, EFT billing, wait lists, inventory management, employee tools, customer-facing applications, analytics, and related features. The specific features available to you depend on your selected subscription plan.

We reserve the right to modify, enhance, or discontinue any feature of the Service at any time. We will make reasonable efforts to notify you of material changes in advance.

2. Accounts & Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. SunMule is not liable for any loss resulting from unauthorized access to your account caused by your failure to keep credentials secure.

You must provide accurate and complete information when creating your account and keep it up to date. Accounts may not be shared across organizations without written consent.

3. Subscriptions & Billing

3.1 Subscription Plans

SunMule offers subscription plans on a per-salon, per-month basis (the "Subscription Fee"). Plans are available in monthly and annual billing cycles. Annual plans are billed at a discounted monthly rate and charged as a single annual payment. Current plan pricing is displayed at sunmule.com/#pricing.

3.2 Hardware

The Honey Badger IoT device is sold as a one-time hardware purchase per salon location. Hardware orders are fulfilled separately from software subscriptions. Title to hardware transfers to you upon delivery.

3.3 Payment Processing

All payments are processed through USIO, our third-party payment processor. By submitting payment information, you authorize SunMule and USIO to charge your payment method for all applicable fees. EFT (electronic funds transfer) billing for recurring subscriptions is handled in accordance with USIO's processing terms.

3.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, or similar taxes arising from your use of the Service.

3.5 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You may cancel at any time through your account dashboard or by contacting support.

4. Money-Back Guarantee

If you are not satisfied with the Service, you may request a full refund of your subscription fees within 30 days of your initial purchase date. Subscription refunds are processed promptly upon approval.

Honey Badger hardware purchases are eligible for a refund within the same 30-day window, provided the device is returned to SunMule in its original condition. Hardware refunds will be issued only after the returned unit is received and inspected by our team. Return shipping costs are the responsibility of the customer unless the return is due to a defect or fulfillment error on our part.

To initiate a refund or request a return, contact billing@sunmule.com.

5. Honey Badger Hardware Warranty

5.1 5-Year Limited Hardware Warranty

All Honey Badger devices are warranted against manufacturing defects and component failures for a period of five (5) years from the date of delivery. This warranty covers defects in materials and workmanship, including normal-use electronics failures.

5.2 Free Replacement for Covered Failures

If your Honey Badger device fails under normal use and is covered by this warranty, SunMule will ship a replacement device to you at no cost. You are responsible for returning the defective unit to SunMule using a prepaid return label (provided by SunMule). Once the defective unit is received and inspected, your replacement becomes yours to keep.

5.3 Firmware and Software Warranty

Firmware updates for the Honey Badger device are provided at no additional cost during the warranty period and beyond. The hardware warranty does not extend to software bugs, cloud service outages, or the SaaS platform's uptime. For clarity, the SunMule software platform's availability and feature set are governed by the Service Level Agreement ("SLA") included in the Service section of these Terms, not by the hardware warranty.

5.4 Warranty Exclusions

This warranty does not cover:

• Damage resulting from improper installation, use, or maintenance
• Damage from power surges, electrical wiring issues, or inadequate power supply
• Liquid damage (water, alcohol, or any liquid ingress)
• Physical abuse, dropping, or impact damage
• Unauthorized repairs, modifications, or disassembly
• Use outside the intended environment (temperature, humidity, or operating conditions as specified in the device documentation)
• Normal wear and tear or cosmetic damage that does not affect functionality

To initiate a warranty claim or request a replacement, contact billing@sunmule.com with your device serial number and a description of the issue.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Process fraudulent transactions or misrepresent customer data
• Attempt to gain unauthorized access to any portion of the Service or its underlying infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Introduce malware, viruses, or other harmful code
• Scrape, harvest, or systematically extract data from the Service except via authorized APIs
• Resell or sublicense access to the Service without written permission

We reserve the right to suspend or terminate accounts found to be in violation of this section without prior notice.

7. Your Data

You retain ownership of all data you input into the Service ("Customer Data"), including your business data and your end customers' data. You grant SunMule a limited, non-exclusive license to use Customer Data solely to provide and improve the Service.

You are responsible for ensuring that your collection and use of end-customer data complies with all applicable privacy laws (including providing appropriate notice and obtaining consent where required). SunMule acts as a data processor with respect to end-customer data and will process it only per your instructions and our Privacy Policy.

Upon termination of your account, we will make your Customer Data available for export for 30 days and then delete it in accordance with our data retention practices.

8. Intellectual Property

The Service, including all software, designs, trademarks, logos, and content (excluding Customer Data), is owned by or licensed to SunMule. Nothing in these Terms grants you any rights to SunMule's intellectual property other than the limited right to use the Service as described herein.

Feedback, suggestions, or feature ideas you provide to us may be used by SunMule without obligation or compensation to you.

9. Uptime & Service Availability

SunMule targets high availability through its Azure-hosted infrastructure. While we strive to maintain reliable uptime, we do not guarantee uninterrupted access to the Service. Scheduled maintenance, third-party outages, or circumstances beyond our control may result in temporary unavailability. We will provide advance notice of planned maintenance when feasible.

10. Warranties & Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUNMULE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNMULE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF SUNMULE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SUNMULE'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SUNMULE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless SunMule and its affiliates, officers, and employees from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, your violation of these Terms, or your violation of any third-party rights.

13. Termination

Either party may terminate the agreement at any time. You may cancel your subscription via your account dashboard; cancellation takes effect at the end of your current billing period. SunMule may suspend or terminate your access immediately if you materially breach these Terms or if required by law.

Upon termination, your right to access the Service ceases. Sections 6, 7, 9, 10, 11, 13, and 14 survive termination.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Service that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction.

15. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and SunMule regarding the Service.
• Amendments. We may update these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• Waiver. Our failure to enforce any provision does not constitute a waiver of our right to do so in the future.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign ours in connection with a merger, acquisition, or sale of assets.

16. Contact Us

For questions regarding these Terms:
SunMule
legal@sunmule.com