SUNSET TERMS OF SERVICE

These Terms of Service (these Terms) are a legal agreement between you and Zaniti, Inc., a Delaware corporation (Sunset, we, us, our). They govern your access to and use of the Sunset websites, applications, and related services, including sunsetml.com and any other websites or pages we operate that link to these Terms (collectively, the Site), and the software, features, tools, AI model routing and generation capabilities, document editor, creative workspace, content, and any related services we make available (collectively, the Service).

BY ACCESSING OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. DEFINITIONS

1.1 Account means your registered user account for the Service.
1.2 Content means any information, data, text, prompts, instructions, documents, images, files, audio, video, code, designs, outputs, or other materials that are uploaded to, submitted to, generated by, stored in, displayed on, or otherwise made available through the Service.
1.3 Input means Content you provide to the Service, including prompts, instructions, source text, documents, files, or other materials.
1.4 Output means Content generated or returned by the Service in response to Input, including AI-generated text, summaries, rewrites, analyses, suggestions, or other results.
1.5 Subscription means a paid plan or time-based access to paid features of the Service.
1.6 Usage Allowances means any usage limits, credits, tokens, request caps, processing capacity, or other consumption-based limits that apply to your plan, including any fair use limits.
1.7 Supplemental Terms means additional terms, policies, guidelines, or rules applicable to specific features, betas, community spaces, or offerings, including any posted rules in our Discord community.
1.8 Consumer means an individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession.

2. WHO WE ARE AND HOW TO CONTACT US

2.1 Company details. The Service is operated by Zaniti, Inc., 447 Sutter St Ste 405, San Francisco, CA 94108, United States.
2.2 Contact. Support: support@sunsetml.com. Legal notices: legal@sunsetml.com.

3. ELIGIBILITY, AUTHORITY, AND ACCOUNT REGISTRATION

3.1 Age requirement. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement.
3.2 Authority for organisations. If you use the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity. In that case, you and your entity are jointly responsible for compliance with these Terms, and references to you include the entity.
3.3 Account creation. Certain features require an Account. You agree to provide accurate and complete information and to keep it up to date.
3.4 Account security. You are responsible for all activity under your Account, including any activity by anyone you allow to access it. You must keep credentials confidential and promptly notify us of any unauthorised use or security incident.
3.5 No ownership in Account. Your Account is a permission to access the Service. You do not own your Account or any username. We may reclaim usernames and may suspend or terminate Accounts as permitted by these Terms.
3.6 No multiple or fraudulent Accounts. You must not create Accounts using false identities, impersonate others, or create multiple Accounts to evade limits, enforcement actions, or restrictions.

4. THE SERVICE, CHANGES, AND AVAILABILITY

4.1 Licence to use the Service. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal use or internal business purposes.
4.2 Service evolution and changes. The Service changes frequently. We may add, modify, suspend, or discontinue any part of the Service at any time, including features, models, outputs, capabilities, integrations, or availability, with or without notice, subject to applicable law.
4.3 Model availability and third parties. The Service may route requests to different AI models or providers. Model availability, quality, speed, and features may change without notice, including due to third-party changes, outages, policy shifts, or capacity constraints. We do not guarantee that any specific model, provider, or capability will be available at any time.
4.4 No service level commitments. Unless we expressly agree otherwise in a written enterprise agreement signed by us, we do not provide any service level agreement or uptime guarantee.
4.5 Beta and experimental features. We may offer preview, beta, experimental, or early access features. These are provided as-is, may be changed or discontinued at any time, and may have additional terms.

5. YOUR CONTENT, AI INPUTS AND OUTPUTS, AND RESPONSIBILITY

5.1 Your responsibility for Content. You are solely responsible for (a) all Input you submit, (b) how you use any Output, and (c) ensuring that your Content and your use of the Service comply with applicable law and these Terms.
5.2 Outputs are not guaranteed. Output may be incorrect, incomplete, misleading, outdated, offensive, or unsuitable. Output may not be original and may resemble third-party content. We do not guarantee that the output is accurate, lawful, non-infringing, or fit for any purpose.
5.3 No professional advice. The Service and Outputs do not constitute legal, medical, financial, compliance, HR, or other professional advice. You must obtain independent professional advice where appropriate.
5.4 User verification obligation. You are responsible for reviewing, validating, and testing Output before relying on it, publishing it, or using it for decisions, communications, or compliance.
5.5 Content storage and loss risk. We do not promise to store any Content for any period of time. You are responsible for maintaining backups of your Content. We are not liable for loss, corruption, deletion, or unauthorised access to Content, except to the extent required by law.
5.6 Access controls. Some features may allow you to set sharing or access permissions for your Content. You are responsible for selecting appropriate settings. If you do not select settings, defaults may be permissive.

6. INTELLECTUAL PROPERTY AND LICENCES

6.1 Our IP. Except for Your Content, we and our licensors own all rights, title, and interest in the Service, including software, user interfaces, designs, templates, workflows, branding, documentation, and all related intellectual property. You must not remove or obscure proprietary notices.
6.2 Your Content ownership. As between you and us, you retain any rights you have in your Input and, to the extent permitted by law, any rights you may have in Output. You are responsible for ensuring you have the right to submit Input and to use Output as you intend.
6.3 Licence you grant to us. You grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable licence to host, store, reproduce, process, adapt, modify, create derivative works from, transmit, display, and otherwise use Your Content solely to:
(a) provide, operate, maintain, and secure the Service;
(b) perform customer support and troubleshoot issues;
(c) enforce these Terms and prevent abuse, fraud, or security incidents; and
(d) improve the Service, including performance, reliability, and safety.
6.4 Training and improvement use; opt-out. Unless you opt out through controls we make available, as described in our Privacy Policy or account settings, you also grant us and our affiliates a licence to use Your Content (including Input and Output) to develop, train, evaluate, and improve our models, algorithms, and related technology, and to improve the Service. If you opt out, we will not use Your Content for training purposes going forward, but we may still process it to provide the Service, maintain safety, comply with law, enforce these Terms, and keep required records.
6.5 Feedback. If you provide ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use it without compensation or attribution.
6.6 Data processing; business customers; DPA. We process personal data as described in our Privacy Policy. Where you use the Service as a Consumer or for your own account, we generally act as a data controller for account administration, security, analytics, and product improvement. Where you use the Service on behalf of an organisation, and we process personal data contained in your Content on your behalf, we generally act as a data processor for that processing. If we make a data processing addendum (DPA) available and you are a business customer, the DPA is incorporated into and forms part of these Terms.

7. ACCEPTABLE USE AND RESTRICTIONS

7.1 General rule. You must use the Service lawfully and in accordance with these Terms and any Supplemental Terms.
7.2 Prohibited Content and Uses. You must not submit, generate, share, or use Content that:
(a) is unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, discriminatory, or obscene;
(b) infringes or misappropriates intellectual property, privacy, publicity, or other rights;
(c) exploits or harms minors;
(d) includes personal data of others without an appropriate lawful basis and consent;
(e) contains viruses, malware, or harmful code;
(f) is deceptive, fraudulent, or facilitates wrongdoing;
(g) constitutes spam, unsolicited marketing, or bulk messaging; or
(h) violates applicable laws, regulations, sanctions, or export controls.
7.3 Sensitive data restrictions. Except where we have expressly agreed in a separate written agreement, the Service is not designed for processing payment card numbers, bank account credentials, passwords, authentication tokens, government identifiers, biometric identifiers, or sensitive health information.
7.4 Abuse, circumvention, and interference. You must not:
(a) bypass or attempt to bypass usage limits, throttling, access controls, or safety systems;
(b) scrape, crawl, harvest, or extract data from the Service except as permitted by law;
(c) reverse engineer, decompile, or attempt to discover source code except where prohibited by law;
(d) interfere with or disrupt the Service, including through load testing, stress testing, or excessive automated requests without our written permission;
(e) access non-public areas of the Service or other users’ data without authorisation;
(f) share Accounts, sell access, or resell the Service without our permission.
7.5 Competitive use restriction. You must not use the Service, any Output, or any non-public documentation, data, or access credentials to develop, train, fine-tune, or improve products or services that compete with the Service, including training AI or ML models that compete with our offerings, except to the extent prohibited by applicable law.
7.6 Compliance with policies. We may publish additional acceptable use rules, safety policies, or community guidelines. Those rules form Supplemental Terms.

8. FAIR USE, UNLIMITED PLANS, AND USAGE ALLOWANCES

8.1 Usage Allowances apply. Your plan may include Usage Allowances, including limits on tokens, compute, requests, throughput, file sizes, storage, or other capacity constraints. Usage Allowances may vary by plan and may change over time.
8.2 Meaning of Unlimited. If your plan is described as unlimited, it means we do not publish a fixed monthly usage cap for typical individual or internal business use. It does not mean unmetered or unrestricted use. Unlimited plans remain subject to fair use, abuse prevention, and reasonable usage controls.
8.3 Fair use and protective controls. We may apply fair use limits and protective controls, including: rate limits, daily caps, queue prioritisation or deprioritisation, throttling, temporary feature restrictions, slower processing, request rejection, or suspension, particularly where we detect:
(a) excessive or atypical usage;
(b) automated or scripted usage;
(c) credential sharing or resale;
(d) attempts to bypass limits or safety controls;
(e) uses that materially degrade service for others; or
(f) violations of these Terms or Supplemental Terms.
8.4 No refunds based on enforcement. Fair use enforcement, throttling, or restriction under this Section does not entitle you to a refund, credit, or service extension, except where required by law or expressly stated by us.

9. SUBSCRIPTIONS, TRIALS, BILLING, AND REFUNDS

9.1 Payments and billing provider. We use Stripe (and its affiliates and subprocessors) to process payments. By purchasing, you authorise Stripe and us to charge your chosen payment method for applicable fees, taxes, and renewals.9.2 Trials. If you start a trial, your Subscription may convert to a paid Subscription at the end of the trial unless you cancel before then. Trial eligibility and conditions may change and may be limited per user or Account.
9.3 Automatic renewal. Subscriptions renew automatically for successive periods unless cancelled before the renewal date. We will charge the payment method on file at the beginning of each renewal period.
9.4 Cancellation. You may cancel through your Account settings or by emailing support@sunsetml.com from the email associated with your Account. Cancellation stops future renewals; you will retain access until the end of the then-current paid period, unless we terminate earlier under these Terms.
9.5 Fees are generally non-refundable. Except as expressly stated in these Terms or required by law, fees are non-refundable, and we do not provide pro-rated refunds for partial periods.
9.6 Seven-day initial purchase refund policy. You may request a refund within seven (7) days of your initial paid purchase, provided you have not used any paid Usage Allowances during that period. This refund policy applies to initial purchases only, not renewals, upgrades, or add-ons, and may be subject to a reasonable processing fee where permitted by law; any such processing fee will not exceed our actual processing costs and will not apply where prohibited by law.
9.7 Price and plan changes. We may change pricing, plans, features, limits, or availability at any time. If you have an active Subscription, we will use commercially reasonable efforts to provide notice of material adverse changes affecting renewals. Unless required by law, changes take effect on renewal or as otherwise stated at the time of the change.
9.8 Taxes. Fees do not include taxes unless stated. You are responsible for applicable taxes, duties, or levies, except where we are required to collect them.
9.9 Chargebacks and non-payment. If payment fails, is reversed, or is charged back, we may suspend or terminate access and may charge reasonable administrative costs, subject to applicable law.

10. THIRD-PARTY SERVICES AND LINKS

10.1 Third-party services. The Service may include or later add links to third-party websites, services, content, or resources, or may route requests through third-party AI model providers. Those third parties are not under our control and may have their own terms and policies.
10.2 No responsibility. We are not responsible for third-party services, including availability, uptime, functionality, or content, and we do not endorse them. Your use of third-party services is at your own risk.

11. MONITORING, ENFORCEMENT, AND REPORTING

11.1 Monitoring. We may monitor, review, or analyse Content and usage to operate the Service, maintain security, enforce these Terms, comply with law, and prevent abuse. Monitoring may include automated systems and, where appropriate and permitted by law, limited human review.
11.2 Enforcement actions. We may remove or restrict Content, refuse to process Input, limit Output, and suspend, restrict, or terminate Accounts or access to the Service for any reason, including suspected violations, abuse, excessive usage, security risks, legal compliance, or risk management, subject to applicable law.
11.3 Disclosures. We may disclose information (including Content and Account information) if we believe it is reasonably necessary to comply with law, respond to legal process, protect rights and safety, investigate fraud or security incidents, or enforce these Terms.
11.4 No duty to police. We are not obligated to monitor or police the Service, and we do not guarantee that we will detect prohibited activity.

12. COPYRIGHT AND IP COMPLAINTS

12.1 Policy. We may remove Content and terminate Accounts for repeated infringement.
12.2 Notice of infringement. If you believe content on the Service infringes your intellectual property rights, send a notice to legal@sunsetml.com with:
(a) your signature (physical or electronic);
(b) identification of the work and the rights claimed;
(c) identification of the allegedly infringing material and its location;
(d) your contact information;
(e) a good faith statement that the use is not authorised; and
(f) a statement that the information is accurate and you are authorised to act.

13. INDEMNITY

13.1 Your indemnity. To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Sunset and its directors, officers, employees, contractors, affiliates, agents, licensors, and suppliers from any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:
(a) your Content, including Input and Output and how you use or distribute Output;
(b) your use or misuse of the Service;
(c) your breach of these Terms or any Supplemental Terms;
(d) your violation of applicable law or third-party rights; or
(e) your interactions with third parties in connection with the Service.
13.2 Defence control. We may assume control of the defence of any matter subject to indemnity at our expense, and you will reasonably cooperate.

14. DISCLAIMERS

14.1 As-is and as-available. The Service and all Outputs are provided as-is and as-available, with all faults. To the fullest extent permitted by law, we disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
14.2 Output disclaimers. We do not warrant that Output is accurate, complete, original, lawful, non-infringing, or suitable for any purpose, and we disclaim liability arising from reliance on Output.
14.3 No guarantee of availability or performance. We do not guarantee uninterrupted, timely, secure, or error-free operation, or that defects will be corrected.
14.4 Downloads and device risk. You are responsible for any damage to devices or data resulting from use of the Service.

15. LIMITATION OF LIABILITY

15.1 Exclusion of certain damages. To the fullest extent permitted by law, Sunset and its affiliates, licensors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business interruption, or substitute procurement costs, arising out of or related to the Service, Outputs, or these Terms, even if advised of the possibility.
15.2 Liability cap. To the fullest extent permitted by law, Sunset’s total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of:
(a) the total fees paid by you to Sunset in the three (3) months immediately preceding the event giving rise to the claim; or
(b) one hundred US dollars (US$100).
15.3 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or other non-excludable consumer rights.
15.4 Basis of bargain. The allocations of risk and limitations in these Terms form an essential basis of the agreement.

16. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

16.1 Informal resolution first. Before starting arbitration or a court proceeding, you and Sunset agree to attempt to resolve disputes informally. You must send a written notice of dispute to legal@sunsetml.com with your name, Account email, description of the dispute, and the relief sought. We will respond, and the parties will attempt to resolve the dispute in good faith within sixty (60) days. Statutes of limitations are tolled during this informal process to the extent permitted by law.
16.2 Agreement to arbitrate. Except as set out in Section 16.4, you and Sunset agree that any dispute, claim, or controversy arising out of or relating to the Service, Outputs, or these Terms will be resolved by binding arbitration, not in court.
16.3 Arbitration administrator and rules. Arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules in effect at the time the arbitration is initiated.
16.4 Exceptions. Either party may:
(a) bring claims in small claims court if eligible; and
(b) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property rights.
16.5 Seat and location. The seat of arbitration will be San Francisco, California. Hearings may be conducted by video, telephone, or in person as the arbitrator determines.
16.6 Class action waiver. To the fullest extent permitted by law, you and Sunset agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, representative, consolidated, or private attorney general action. The arbitrator may not award relief for or against anyone not a party.
16.7 Jury trial waiver. Where arbitration does not apply, you and Sunset waive the right to a jury trial to the fullest extent permitted by law.
16.8 Confidentiality. Arbitration proceedings and materials exchanged will be kept confidential except as necessary to enforce an award or as required by law.
16.9 Batch arbitration. If 100 or more similar arbitration demands are filed against Sunset by or with the assistance of the same counsel or organisation within a 30-day period, the demands may be administered in batches to improve efficiency, with one arbitrator per batch and one set of fees per side per batch, to the extent permitted under the applicable AAA rules.
16.10 Opt-out right. You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to Zaniti, Inc., Attn: Legal, 447 Sutter St Ste 405, San Francisco, CA 94108, United States, or by email to legal@sunsetml.com, stating you wish to opt out and including your name and Account email. Opting out does not affect other provisions of these Terms.
16.11 Consumer and mandatory law carve-outs. If you are a Consumer in the UK, EU, or another jurisdiction where mandatory consumer law provides you the right to bring claims in your local courts or restricts mandatory arbitration, nothing in this Section limits those mandatory rights. In such cases, arbitration will apply only to the extent permitted by applicable law, and the remainder of this Section will remain enforceable. For users outside the United States, arbitration applies only to the extent permitted by applicable law. Where mandatory consumer law requires access to local courts, disputes may be brought in the courts of the user’s habitual residence.

17. TERM, SUSPENSION, AND TERMINATION

17.1 Term. These Terms apply from the time you first access the Service until terminated.
17.2 Suspension and restriction. We may suspend or restrict access immediately if we reasonably believe:
(a) you breached these Terms;
(b) your use poses a security, legal, or reputational risk;
(c) you are engaged in abuse or excessive usage;
(d) we are required to do so by law; or
(e) payment has failed.
17.3 Termination by you. You may stop using the Service at any time and may close your Account through the Service or by contacting support.
17.4 Termination by us. We may terminate your Account or access to the Service at any time, with or without cause, subject to applicable law. Where we terminate without cause, and you have a paid Subscription, we will provide a pro-rated refund of prepaid, unused Subscription fees for the remaining term to the extent required by law. Any required refunds will be processed promptly.
17.5 Effect of termination. Upon termination, your right to use the Service ends. We may delete or revoke access to Content, and we are not liable for its deletion or loss, except where required by law.
17.6 Survival. Sections that by their nature should survive will survive, including Sections 6, 13, 14, 15, 16, and 18.

18. GENERAL TERMS

18.1 Changes to these Terms. We may update these Terms at any time. We will update the Last Updated date and may provide notice through the Service or by email. By continuing to use the Service after changes become effective, you agree to the updated Terms. If you do not agree, you must stop using the Service and cancel any Subscription.
18.2 Changes to plans, pricing, and features. We may modify, discontinue, reprioritise, or restructure plans, pricing, features, models, and limits at any time, subject to Section 9 and applicable law.
18.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, restructuring, or sale of assets.
18.4 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control, including outages, cyber incidents, strikes, natural disasters, war, terrorism, pandemics, government action, or failures of third-party providers, including AI model providers.
18.5 Export controls and sanctions. You must comply with applicable export control and sanctions laws. You represent that you are not located in a jurisdiction subject to comprehensive US sanctions and are not a prohibited party.
18.6 Notices. We may provide notices by email, in-product messages, or posting to the Service. Notices to us must be sent to legal@sunsetml.com or to our address in Section 2.
18.7 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
18.8 No waiver. Failure to enforce a provision is not a waiver.
18.9 Entire agreement. These Terms and any Supplemental Terms are the entire agreement regarding the Service and supersede prior agreements or understandings on the subject.
18.10 Governing law. These Terms are governed by the laws of the State of Delaware, excluding conflict of law rules, except where mandatory consumer law requires otherwise. This governing law clause does not deprive Consumers of rights they have under mandatory laws of their country of residence.
18.11 Venue for permitted court actions. Where court litigation is permitted under these Terms, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, except where mandatory consumer law provides otherwise.
18.12 Language. The parties agree these Terms and related notices will be written in English.

SUPPLEMENTAL TERMS AND POLICIES

Your use of the Service is also subject to our Privacy Policy and any additional policies, guidelines, or feature-specific terms we publish or present to you. If Supplemental Terms conflict with these Terms, the Supplemental Terms govern for that specific feature.

END OF TERMS