Terms of Service
Effective Date: 4/7/2023
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.
1. Your Agreement.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
21. Contact Us.
If you have any questions about these Terms, our practices, or your dealings with the Platform, then please contact us at firstname.lastname@example.org or by other means of communication as described on our Platform.
22. Copyright and Legal Notice.
© 2023 HeySunday, LLC. All Rights Reserved.