Terms of Use

heysunday.com

Effective Date: 4/7/2023

These Terms of Use (the "Terms of Use" or "Terms") apply to the services, products and information (collectively, the "Services") that HeySunday, LLC, a Delaware limited liability company ("HeySunday", "we", "our", or "us") provides to you through the website at https://heysunday.com (our "Website" or "Site") (the Services and the Website are collectively referred to as the "Platform").

We offer laundry detergent sheets for both individual purchases and subscription-based deliveries. Please read more about us and our mission at https://heysunday.com/pages/about.

To assist you in using the Platform and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created these Terms of Use and the Privacy Policy. Our Terms govern your use of our Platform, and our Privacy Policy explains how we treat information that we have about you. Our Terms apply to anyone that uses or visits our Platform (collectively, "you" and "your").

1. Your Agreement.

By accessing our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click an "I accept" or similar button when you access certain portions of our Platform. Moreover, if you are agreeing to these Terms on behalf of a company, an organization, or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting. IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE DO NOT USE OUR PLATFORM.

2. Eligibility.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE PLATFORM AND PARTICIPATE IN THE SERVICES. DO NOT USE THE PLATFORM OR PARTICIPATE IN ANY SERVICES IF YOU ARE UNDER THE AGE OF 18. BY ACCESSING OR USING THE PLATFORM, PARTICIPATING IN ANY SERVICES, OR REGISTERING TO BECOME A REGISTERED USER, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS.

3. Your Consent to Our Privacy Practices.

Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available here: https://heysunday.com/pages/privacy-policy

4. Registered Users.

In order to access and participate in certain Services, you must be logged into your account. You may log into your account using your email address, and a one-time password that we send to your email address that you provided us during your purchase. For example, you must be logged into your account in order to access and configure your subscription plan, including to cancel, skip, or change your orders, and otherwise manage your account. 

Additionally, to participate in certain Services, you may be required to agree to certain other terms and conditions with us and/or our service providers. As further set forth in Section 20 (Relationship to Privacy Policy and Other Contracts), your use of our Platform is subject to and governed by the terms of other agreements into which you may enter in addition to these Terms.

You must provide certain information to participate in certain Services, such as to make purchases and subscribe to deliveries. You agree that the information you provide to us in this process is complete and accurate. If you obtain a password from us, we will treat anyone who uses your user name and password as "you", and you agree to be responsible for all uses by anyone using your password. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

5. Purchases.

You may make individual, one-time orders to purchase our products, or subscribe to receive recurring deliveries of our products every thirty (30) or sixty (60) days. The price and availability of any such product or subscription available on the Platform are subject to change without notice. Current pricing will be displayed on our Website and subscribers will receive notification of pricing before any recurring delivery ships.  You agree to pay all charges that you may incur at our then-current pricing, plus any applicable sales tax.

We do not process payments ourselves – our Platform includes services made available by third party payment services provider(s) ("Payment Processor(s)") that you must use to process payments. When you make a purchase on our website, you authorize our Payment Processor to charge you using your selected payment method. The Payment Processors that we may use in this regard include Shopify Payments. Please note that your use of the Payment Processor's services may be subject to your acceptance of such Payment Processor's own terms and conditions.

When you subscribe to a recurring delivery plan, your subscription will auto-renew at the then-current subscription rate at the end of the billing cycle that you selected at the time of your order, unless and until you cancel your subscription prior to its renewal date or we terminate it. You can cancel your subscription anytime by logging into your account on our Platform or by contacting us using the information set out in Section 21 (Contact Us). If you cancel your subscription, you will continue to receive your deliveries during the remaining subscription term for which you have prepaid, however, at the end of the then-current subscription term, you will no longer receive deliveries and no further fees will be charged for the subscription.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce, limit, or cancel quantities purchased or purchasable per order, person, household, customer account, billing or shipping address, and/or payment method. In the event that we limit, cancel, or otherwise reduce an order, we will notify you by contacting the e‑mail address, mailing address, and/or phone number provided at the time you placed the order or updated in your account for subscriptions. You agree that the information you provide during the ordering and payment process is current, complete, and accurate. You agree to promptly update your account and other information, including your contact information and payment methods, upon any change, so that we are able to complete your transactions and contact you as needed.

For more information on refunds and shipping/handling, please refer to our Refund Policy and our Shipping Policy.

6. Ownership; Reservation of Rights.

The software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, including any Third Party Content (as defined below), and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of HeySunday and its licensors, and protected by copyright and other intellectual property laws, or used under the principles of fair use. We and our licensors retain all rights with respect to the Platform and the Platform Content, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from Platform Content or other materials presented through the Platform, unless specifically authorized in writing by us. The term Platform Content expressly excludes Submitted Content.

7. Grant of Rights to You.

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use, strictly in accordance with these Terms, all publicly available and, if expressly authorized, password-protected areas of our Platform and Platform Content to: (i) learn more about us and the products and services that we offer; (ii) provide Submitted Content to us through the Platform; (iii) participate in and receive those Services that we make available to you; and (vi) access other information that we make available through our Platform (collectively, the "Permitted Uses").

You agree that: (a) the Platform and Platform Content are made available solely for your personal, non-commercial use; (b) the Permitted Uses are solely for personal, non-commercial use; and (c) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.

8. Grant of Rights to Use in Your Content.

8.1. Grant of Rights to HeySunday in Submitted Content.

We may give you the ability through the Platform to provide information and materials that you wish to share (collectively, the "Submitted Content"), including product reviews and feedback regarding our Platform.  By providing Submitted Content, subject to Section 8.5 (Personal Information) and your rights set out in our Privacy Policy, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise exploit the Submitted Content in connection with our provision of the Services, and as provided in our Privacy Policy (the “Use Rights”).

8.2. Permissions You Must Have in Your Submitted Content.

By providing Submitted Content, you represent and warrant that (i) that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights; (ii) the Submitted Content is accurate, complete, and up-to-date; (iii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third party rights; (iv) you have not breached and will not be in breach of any agreement you have entered into with any third party; and (v) the Submitted Content will be in compliance with all applicable laws.

8.3. Right to Decline Submitted Content.

We reserve the right to refuse to use, disable, or remove Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.

8.4.  Assistance with Third Party Claims.

To the extent that HeySunday is made aware of a Third Party Claim (as defined in Section 11 (Indemnity)), including by you, to assist in resolving the claim, we, in our sole discretion, will take down the Submitted Content in question. We do not provide any assurance that any such take down will resolve your dispute. If Third Party Claims are brought against HeySunday related to your Submitted Content provided by you, you agree to indemnify HeySunday pursuant to Section 11 (Indemnity).

8.5. Personal Information.

Notwithstanding anything to the contrary, if you provide us with Personal Information (as defined in our Privacy Policy), then we will treat such Personal Information in accordance with our Privacy Policy. By providing us with your Personal Information, you authorize us to copy, modify, publicly display, distribute, publicly perform, use, and otherwise process the Personal Information in accordance with our Privacy Policy.

If you provide us with any Personal Information relating to another individual, then you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. In addition, certain Personal Information that you include in Submitted Content may be posted on our Platform or otherwise used and made publicly available. As such, please use discretion when including Personal Information and other details in Submitted Content that you provide to us.

9. Code of Conduct.

By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:

• Use the Platform or any Platform Content for purposes other than the Permitted Uses.
• Use the Platform or any Platform Content for uses that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
• Use the Platform or any Platform Content in a manner that could disable, overburden, or impair the Platform or any Platform Content, or interfere with another party's use and enjoyment of the Platform or any Platform Content, such as through sending "spam".
• Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform.
• Infringe HeySunday's or any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
• Use the Platform or any Platform Content to test or reverse engineer the Platform or any Platform Content in order to find limitations, vulnerabilities, or to evade filtering capabilities.
• Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Platform.
• Use the Platform or any Platform Content for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising). You are responsible for your own compliance with all applicable laws.

We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all of our Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 21 (Contact Us).

10. Linked Sites; Third Party Content.

The Platform may contain links to third party websites (each, a "Third Party Site"). We have no control over these Third Party Sites or their content, and we do not assume responsibility or liability for any content, opinions, or material available on them. Third Party Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. The Platform may also contain data or other materials that are made available by third parties, or content that are based on such third party data or other materials (such as graphs and visualization) ("Third Party Content").

HeySunday does not own these Third Party Sites or Third Party Content. We expressly disclaim, and do not assume, any responsibility or liability for any Third Party Content, or any content, opinions, or material available on Third Party Sites, or such Third Party Sites' privacy practices with respect to information that you provide via the Third Party Sites.

We do not endorse the content of any Third Party Site or represent or warrant that a Third Party Site is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third Party Site's terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third Party Site and any information that they collect. By using the Platform to link to another site (including Third Party Sites) or by using or relying upon Third Party Content, you agree that such use is at your own risk.

11. Indemnity.

You agree to defend, indemnify, and hold HeySunday and its affiliates, officers, directors, agents, and employees harmless from and against any liability to third parties, including reasonable attorneys' fees, arising from or related to your use of our Platform or breach of these Terms or the Privacy Policy (each a "Third Party Claim").  We shall give you timely notice of, and have the option to undertake and conduct the defense of any such Third Party Claim, if we determine in our discretion that you are not diligently prosecuting such defense.

12. User Conduct; User Disputes.

HeySunday is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interaction with other Platform users, both online or offline. If you have a dispute with another user, then you hereby release HeySunday (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

13. Warranty Disclaimer.

• Platform and Platform Content Disclaimer.

 

HEYSUNDAY DOES NOT PROMISE THAT THE PLATFORM OR ANY PLATFORM CONTENT (INCLUDING THIRD PARTY CONTENT) WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. HEYSUNDAY DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM, IF SUCH MATERIALS ARE AVAILABLE TO YOU FOR DOWNLOAD, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

 

HEYSUNDAY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF, INCLUDING ANY RELIANCE UPON, THE PLATFORM AND PLATFORM CONTENT (INCLUDING THIRD PARTY CONTENT) IS AT YOUR SOLE RISK

 

• SERVICES AND PRODUCTS DISCLAIMER.

 

The Services, including all products and services included on or otherwise made available to you through the Services, are provided by HEYSUNDAY “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. HEYSUNDAY makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from using the Products or damage to clothes or your LAUNDRY EQUIPMENT FROM USE OF the Products) and you agree that you will not sue HEYSUNDAY for any claim related to any Products purchased through the Services. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

14. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL HEYSUNDAY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE PLATFORM, PLATFORM CONTENT, OR SUBMITTED CONTENT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY; OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

15. Modifications to these Terms.

From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effect proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Section 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.

16. Assignment.

These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. HeySunday reserves the right to assign its rights and obligations under these Terms without your consent.

17. General.

These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the Middle District of Florida and Duval County. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. HeySunday's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Section 20 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between HeySunday and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

18. Survival.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 6 (Ownership; Reservation of Rights); (ii) Section 11 (Indemnity); (iii) Section 13 (Warranty Disclaimer); (iv) Section 14 (Limitation of Liability); (v) Section 16 (Assignment); (vi) Section 17 (General); and (vii) Section 18 (Survival).

19. Additional Terms.

Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if a portion of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such portion of the Platform if you do not agree with the differing terms and conditions.

20. Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction (i) with other agreements into which you and HeySunday may enter, and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

21. Contact Us.

If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us at hello@heysunday.com or by other means of communication as described on our Platform.

22. Copyright and Legal Notice.

© 2023 HeySunday, LLC. All Rights Reserved.