Sunship LLC – Terms of Service

Effective Date: [12/03/2025]

1. Acceptance of Terms

These Terms of Service ("Terms") are entered into by and between you and Sunship, LLC ("SunShip," "Company," "we," "us," or "our"). These Terms govern your access to and use of our websites, mobile applications, and services, including sunshipsolar.com, sunshipsales.com, and the SunShip mobile application (collectively, the "Services").

Please read these Terms carefully before using our Services. By using our websites, submitting a lead form, scheduling with us, creating an account, downloading our mobile application, or clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

2. Eligibility

Our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use our Services.

3. Definitions

"Customer" or "Homeowner" means any individual who submits a lead form, requests information about solar products, schedules a consultation, or purchases solar installation services through our customer-facing website or representatives.
"Platform User" or "Rep" means any individual who creates an account to access our sales platform, mobile application, or related tools for sales, lead management, or business activities.
"Services" means all websites, applications, software, tools, and services provided by SunShip.
"Website" means sunshipsolar.com, sunshipsales.com, and any related websites operated by SunShip.

4. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. The Effective Date at the top of this document will be updated accordingly.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

5. Changes To The Services

We reserve the right to withdraw or amend our Services, and any content or features we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. We may update the content on our Services from time to time, but the content is not necessarily complete or up to date at any given time.

6. Accessing The Services And Account Security

You are responsible for:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection or device are aware of these Terms and comply with them.

To access certain features of the Services, you may be asked to provide information or create an account. It isa condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

7. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by SunShip, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal or authorized business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as follows:

Your computer or device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Access or use for any commercial purposes any part of the Services or any materials available through the Services, except as expressly authorized by SunShip.

If you breach these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content is transferred to you, and all rights not expressly granted are reserved by SunShip.

8. Trademarks

The SunShip name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SunShip or its affiliates or licensors. You must not use such marks without prior written permission from SunShip. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, consumer protection laws, and do-not-call regulations).
In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
To use any device, software, or routine that interferes with the proper working of the Services.
To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
To otherwise attempt to interfere with the proper working of the Services.
To misrepresent yourself, SunShip, or our products to customers or third parties.
To enter false or misleading information into the system.
To harass, threaten, or behave inappropriately toward customers, other users, or any third party.
To use the Services to compete with SunShip or solicit customers for competing services.

10. Third-Party Services And Links

We may link to or integrate third-party services (e.g., scheduling tools, analytics, payment processors, mapping services, Meta lead forms, Apple App Store). These links and integrations are provided for your convenience only. We have no control over the contents of those sites or services and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any third-party websites or services linked to or integrated with our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and services. Their terms and privacy policies apply to their services.

11. Geographic Restrictions

SunShip is based in the State of Colorado in the United States. We provide our Services for use only by persons located in the United States. We make no claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Reliance On Information

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

Our Services may include content provided by third parties. All statements and opinions expressed in these materials, other than content provided by SunShip, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SunShip. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

13. Disclaimer Of Warranties

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER SUNSHIP NOR ANY PERSON ASSOCIATED WITH SUNSHIP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SUNSHIP NOR ANYONE ASSOCIATED WITH SUNSHIP REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SUNSHIP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation Of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SUNSHIP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless SunShip, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to:

Any use of the Services' content, products, and features other than as expressly authorized in these Terms.
Your use of any information obtained from the Services.
Any violation of applicable laws or regulations.
Any misrepresentation made by you.
Any claims by third parties arising from your conduct or use of the Services.

16. Dispute Resolution- Binding Arbitration; Class- Action Waiver

(a) Informal Resolution First. Before filing a claim, you and Sunship, LLC agree to try to resolve it informally. Email support@sunshipsolar.com with a brief description and your contact info. If not resolved within 30 days, either party may start arbitration.

(b) Arbitration. Except for small-claims matters and requests for injunctive relief, any dispute or claim arising out of or relating to these Terms or our Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

(c) Seat & Forum; Remote Hearings. The arbitration seat and venue is Denver, Colorado, but hearings may be conducted remotely by video/phone if permitted by the arbitrator/AAA rules.

(d) Small-Claims Option. Either party may bring an individual action in small-claims court in your county of residence or in Denver County, Colorado instead of arbitration.

(e) Class/Jury Waiver. Arbitration will be conducted only on an individual basis; no class actions or class arbitrations. You and Sunship, LLC waive any right to a jury trial.

(f) Injunctive Relief in Court. Either party may seek temporary or permanent injunctive relief in court to protect confidential information, intellectual property, or to stop unauthorized access/abuse. For such actions, you and Sunship, LLC consent to the exclusive jurisdiction and venue of the state and federal courts in the City and County of Denver, Colorado.

(g) Fees. AAA filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules. The arbitrator may award fees/costs as permitted by law.

(h) Severability. If the class-action waiver is found unenforceable for a particular claim, that claim must proceed in court, not arbitration. This Section 16 survives termination of these Terms.

17. Governing Law And Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services that is not subject to arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Waiver And Severability

No waiver by SunShip of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SunShip to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

19. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and SunShip regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

PART B: ADDITIONAL TERMS FOR CUSTOMERS & HOMEOWNERS

This section applies to visitors of sunshipsolar.com and individuals who submit lead forms, request solar information, schedule consultations, or purchase solar installation services.

20. Communications You Request

When you provide your contact information through our website, lead forms, or scheduling tools, you agree that we may contact you about solar products and services you inquired about via phone, text, or email.

Consent is not required to make a purchase.
Message and data rates may apply.
Reply STOP to opt out of SMS messages; reply HELP for help.

21. Accuracy Of Information

You confirm that the information you provide is accurate and that you are authorized to be contacted at the phone number and/or email address you provide.

22. Solar Installation Services

SunShip coordinates solar installations through our network of vetted installer partners. Final installation contracts are between you and the installing company. SunShip is not the installer and does not perform physical installation work. SunShip makes no warranties regarding the installation, equipment, or performance of solar systems installed by our partner installers.

Any warranties on solar equipment or installation workmanship are provided by the equipment manufacturers and/or the installing company, not by SunShip. Please review your installation contract and equipment warranties carefully.

PART C: ADDITIONAL TERMS FOR PLATFORM USERS & SALES REPRESENTATIVES

This section applies to individuals who create accounts on sunshipsales.com or use the SunShip mobile application for sales, lead management, or related business activities.

23. Account Registration & Security

(a) Account Creation. To access the platform, you must create an account with accurate and complete information. You agree to update your information if it changes.

(b) Credentials. You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your account or password with others.

(c) Unauthorized Access. You must notify us immediately at support@sunshipsolar.com if you believe your account has been compromised.

(d) Account Responsibility. You are responsible for all activities that occur under your account.

24. License To Use The Platform

(a) Grant of License. Subject to these Terms, SunShip grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and mobile application for your sales activities in connection with SunShip.

(b) Restrictions. You may not:

Copy, modify, or distribute the software or any content from the platform
Reverse engineer, decompile, or disassemble any part of the software
Sell, resell, license, or sublicense access to the platform
Use the platform for any unlawful purpose
Attempt to gain unauthorized access to any part of the Services
Use automated scripts, bots, or scrapers on the platform
Remove or alter any proprietary notices or labels

25. Data Ownership & Usage

(a) Your Data. You retain ownership of personal information you provide (name, contact info, etc.).

(b) Platform Data. Data generated through your use of the platform—including but not limited to door knocking records, lead entries, appointments, deal information, and location data—is owned by SunShip. This data may be used to provide Services, improve our platform, and for business operations.

(c) Customer Leads. Leads entered into or generated through the platform are the property of SunShip. Upon termination of your relationship with SunShip, you may not copy, export, or use lead data for any purpose.

(d) Aggregated Data. We may use anonymized, aggregated data for analytics, reporting, and improving our Services.

26. Confidentiality

You acknowledge that through your use of the platform, you may have access to confidential and proprietary information, including but not limited to:

Installer pricing and redline costs
Commission structures and calculations
Business processes and strategies
Customer and lead information
Software and platform features

You agree to keep this information strictly confidential and not disclose it to any third party without SunShip's prior written consent. This obligation survives termination of your relationship with SunShip.

27. Commissions & Payments

(a) Commission Structure. Commission rates and payment terms are established separately and may be outlined in your independent contractor agreement or provided through the platform.

(b) Calculation. Commissions are calculated based on the terms in effect at the time of sale. The platform provides commission tracking for informational purposes; final commission amounts are determined by SunShip.

(c) Payment. Commission payments are subject to deal completion, installation, and any applicable clawback or adjustment provisions.

(d) Disputes. Commission disputes should be raised to support@sunshipsolar.com within 30 days of the payment in question.

28. Independent Contractor Status

Platform Users accessing our Services as sales representatives are independent contractors, not employees of SunShip. Nothing in these Terms creates an employment relationship, partnership, or joint venture. You are responsible for your own taxes, insurance, and compliance with applicable laws.

29. Termination Of Platform Access

(a) By You. You may stop using the platform at any time. To delete your account, contact support@sunshipsolar.com.

(b) By SunShip. We may suspend or terminate your access to the platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

Violation of these Terms
Fraudulent or illegal activity
Misconduct toward customers or other users
Inactivity
Business reasons at SunShip's sole discretion

Your license to use the platform is immediately revoked
You must cease all use of the platform and mobile application
You may not retain, copy, or use any data from the platform
Confidentiality obligations remain in effect
Any outstanding commissions will be handled per your separate agreement with SunShip

PART D: ADDITIONAL TERMS FOR MOBILE APPLICATION

This section applies to users of the SunShip mobile application.

30. Mobile App License

The SunShip mobile application is licensed, not sold, to you. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable license to download and use the app on a device you own or control.

31. Device Permissions

The app may request access to certain features of your device, including:

Location Services: To enable door knocking mapping and territory features
Camera: For document capture or profile photos
Notifications: To alert you of appointments, updates, and messages

You may manage these permissions through your device settings, but some features may not function properly without them.

32. App Updates

We may release updates to the app from time to time. You agree to install updates promptly to ensure proper functionality and security. We are not responsible for issues arising from your use of outdated versions.

33. Apple App Store Terms

If you downloaded the app from the Apple App Store, you acknowledge and agree that:

(a) These Terms are between you and SunShip only, not Apple. SunShip, not Apple, is solely responsible for the app and its content.

(b) Apple has no obligation to provide any maintenance or support services for the app.

(c) In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.

(d) Apple is not responsible for addressing any claims by you or any third party relating to the app, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) In the event of any third-party claim that the app or your use of the app infringes that third party's intellectual property rights, SunShip, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

(f) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

34. Prohibited App Uses

In addition to the restrictions in Section 9 and Section 24, you agree not to:

Use the app in any manner that could damage, disable, or impair the app or SunShip's servers
Attempt to bypass any security features of the app
Use the app while operating a vehicle or in any manner that could endanger yourself or others

CONTACT INFORMATION

Sunship, LLC

Email: support@sunshipsolar.com

Address: 8455 Fourmile Canyon Dr, Boulder, CO 80302

For questions about these Terms, please contact us at support@sunshipsolar.com.