# Terms of Service Canonical URL: https://sunbeam.cx/terms **Sunbeam Technology Limited** Company Number 15335397 Suite 22 Trym Lodge, 1 Henbury Road, Westbury-On-Trym, Bristol, BS9 3HQ ## About these terms These Terms of Service ("Terms") cover free use of **Sunbeam**, operated by Sunbeam Technology Limited ("Sunbeam", "we", "us", or "our"). At the time of writing, free use is offered for the Sunbeam Surveys product. We may extend free use to additional Sunbeam products, or change which products are available on a free basis, in future. Two related documents apply alongside these Terms and are incorporated by reference: - Our [Privacy Policy](https://sunbeam.cx/privacy), which explains how we handle personal data. - Our Data Processing Addendum (DPA), which governs our role as a processor of personal data on your behalf. Contact privacy@sunbeam.cx to receive a copy. Paid plans, additional Sunbeam products not included in the free tier, and enterprise agreements are covered by separate terms agreed at the point of subscription. By creating a free account or using Sunbeam under the free tier, you agree to these Terms. ## 1. Your account You are responsible for keeping your account credentials secure and for any activity under your account. You agree to provide accurate information when signing up and to keep it up to date. Accounts are for a single legal person or organisation. If your account is inactive (no log-in or service activity) for twelve consecutive months, we may suspend it and, after a further reasonable notice period to the email on file, archive or delete its content. ## 2. Free use Free use of Sunbeam is offered for the products and features described on our website. We may add to, change, or withdraw the free tier at any time on reasonable notice. The scope of the free tier today does not commit us to that scope in future. You acknowledge that free use: - Is provided "as is", with no service-level commitment, no uptime guarantee, and no guarantee of message or survey deliverability. - May be subject to fair-use limits (rate, storage, retention, feature scope), which we may set or update with reasonable notice. - May be paused, suspended, or withdrawn at our discretion where required to protect the service, our other users, or to comply with law. We will give reasonable notice before discontinuing the free tier of a product you actively use. ## 3. Acceptable use You agree not to use Sunbeam to: - Send unsolicited messages or surveys in breach of applicable anti-spam law (including the UK PECR, GDPR, and CAN-SPAM Act where relevant). - Collect or process personal data without a lawful basis, or from people you do not have permission to contact. - Collect Special Category Personal Data through Sunbeam (race, ethnicity, religion, health, sex life, sexual orientation, political opinion, trade union membership, genetic or biometric data) without ensuring the lawful basis and additional Article 9 conditions of the UK GDPR are met. - Ingest, upload, or analyse third-party content you do not own or have the rights to use. - Distribute malware, attempt to compromise the service, scrape it at scale, or interfere with other users' use of it. - Harass, defame, or discriminate against any person. - Impersonate Sunbeam or any other person or organisation. We may, at our discretion and without prior notice, remove or disable access to content that we reasonably believe breaches this section, and suspend or terminate the relevant account. ## 4. Your content, your warranties You retain ownership of the content you create in Sunbeam (surveys, configurations, uploaded data) and the responses or feedback you receive through it. You warrant that: - You have the rights necessary to use, upload, and process the content you put into Sunbeam. - You have a lawful basis to contact any person you contact through the service, and you will provide them with appropriate notice and honour their data subject rights. - Your use of the service will comply with applicable law. You grant Sunbeam the rights necessary to host, process, transmit, and display your content for the purpose of providing the service to you. ## 5. How we use data We will not use the substance of your content (your surveys, your respondents' answers, or other data you bring into Sunbeam) to train machine-learning or AI models for use beyond your account. We may use aggregate, de-identified data and usage telemetry (for example, which features are used, error rates, performance metrics) for any lawful purpose, including operating, securing, improving, and marketing the service. ## 6. Use of your name and logo You grant Sunbeam a non-exclusive, royalty-free, worldwide right to use your organisation's name and logo to identify you as a Sunbeam user on our website, in customer lists, and in marketing materials. If you would prefer not to be listed, email hello@sunbeam.cx and we will remove you within a reasonable period. We will use your name and logo only as a factual statement of use and will not imply endorsement beyond that. Direct quotes from you, screenshots of your account, or written case studies will only be published with your prior written consent. ## 7. Intellectual property Sunbeam, its products, and all associated software, designs, and trademarks are the property of Sunbeam Technology Limited. These Terms do not grant you any rights in our intellectual property beyond the licence to use the service as described. If you provide feedback or suggestions about Sunbeam, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable licence to use that feedback for any purpose, including improving and commercialising our products, with no obligation to you. ## 8. Beta and experimental features We may make beta, preview, or experimental features available to free users. Such features are provided without commitment, may change or be removed without notice, and are excluded from any expectations otherwise described in these Terms. ## 9. Communications We may send you transactional messages necessary to operate the service (account, security, billing, important product changes). We may also send occasional product updates and marketing communications, which you can opt out of at any time without affecting your access to the service. ## 10. Termination and data export You may stop using Sunbeam at any time. You can request deletion of your account and associated data via privacy@sunbeam.cx. We may suspend or terminate your access where you breach these Terms, where required by law, where we discontinue the relevant free product on reasonable notice, or where your continued use poses a risk to the service or other users. On termination by either side, you may request an export of the content and responses associated with your account. We will use reasonable efforts to provide the export within 30 days of the termination effective date, after which we will delete your account data in line with the timeframes set out in our Privacy Policy and DPA. ## 11. Customer indemnity You agree to defend, indemnify, and hold Sunbeam (and our directors, employees, and agents) harmless from any claims, losses, damages, fines, and costs (including reasonable legal fees) arising from your breach of these Terms, your breach of any of the warranties in section 4, your misuse of the service, or claims by your respondents or other third parties relating to content you put into Sunbeam or messages you send through it. ## 12. Disclaimers and liability Sunbeam under the free tier is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. To the fullest extent permitted by law, Sunbeam will not be liable for: loss of profits, loss of revenue, loss of business or business opportunity, loss of goodwill, loss of anticipated savings, loss or corruption of data, or any indirect or consequential loss, in each case however arising and even if we have been advised of the possibility of such loss. For free use of Sunbeam, our total aggregate liability to you in connection with these Terms or the service is limited to the greater of GBP 100 or the fees paid by you to Sunbeam in the twelve months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including for death or personal injury caused by negligence, or for fraud. ## 13. Force majeure We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including failures of internet, hosting, telecommunications, or third-party services, acts of god, war, civil unrest, industrial action, or government action. ## 14. Changes to these terms We may update these Terms from time to time. Where changes are material, we will give reasonable notice to active account holders before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree to the changes, you may stop using the service. ## 15. Survival, assignment, and other provisions The following provisions survive termination of these Terms: sections 5 (How we use data), 6 (Use of your name and logo, only for prior factual references), 7 (Intellectual property), 11 (Customer indemnity), 12 (Disclaimers and liability), and any other provision that by its nature should survive. We may assign or transfer these Terms (in whole or in part) without your consent in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets. You may not assign or transfer these Terms without our prior written consent. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force. No third party who is not a party to these Terms has any rights to enforce them under the Contracts (Rights of Third Parties) Act 1999. These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and Sunbeam regarding free use of the service and supersede any prior or contemporaneous understandings on the same subject. ## 16. Governing law These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any disputes arising under them. ## 17. Contact Questions about these Terms can be sent to hello@sunbeam.cx.