The full legal set

In short: Your signed proposal sets the deal. This agreement fills in the rest.

This agreement is between Sunwell Technologies LLC, a Delaware limited liability company ("Sunwell", "we") and the customer named in an accepted proposal or order ("Customer", "you"). Each order identifies the services, deliverables, price, payment schedule, recurring charges, service period and any minimum commitment. An order becomes binding when an authorized representative of each party accepts it.

If an order and this agreement conflict, the order controls only for the term it expressly changes. Otherwise the order of precedence is: the order, the applicable service schedule in this agreement, the Data Processing Addendum for personal data, then the rest of this agreement.

In short: We do the work in the order; you send what we need on time.

Sunwell will deliver the software, website, configuration, integration, hosting or support services described in the order, with reasonable care and skill. You will provide timely content, approvals, decisions and lawful access needed for the work. Delivery dates depend on those inputs and on disclosed third-party dependencies, and move by the length of any delay on your side.

A change in scope, price or recurring commitment requires a written change accepted by both parties before the added work or charge begins. No sales statement promises a specific business result, revenue or savings unless the order expressly says so.

In short: Prices are in your order. 30 days notice before any monthly price goes up.

All amounts and currencies appear in the order. Deposits, milestones and due dates apply as stated there. Unless the order says otherwise, invoices are due on receipt for deposits and within 15 days for other invoices.

Prices do not include sales, use or similar taxes. Where the law requires us to collect a tax, it will appear on the invoice. Each party is responsible for its own income taxes.

For recurring services, we will give at least 30 days written notice before a price increase takes effect. You may cancel before the new price applies.

In short: Signing never saves a card. Autopay needs its own yes.

Signing a proposal, receiving an invoice or opening a payment link does not save a payment method or enroll you in automatic payments. Any recurring or later automatic charge requires a separate, affirmative authorization that states the amount or how it is calculated, the timing, the duration and how to cancel. An unchecked box or silence is never authorization.

Payment details are entered through our payment provider, Stripe. Sunwell does not store full card or bank numbers. We keep the provider references and payment status needed to run the account.

In short: You get notice and at least 25 days before anything pauses.

If a payment fails or an invoice is more than 10 days past due, we will tell you by email and give you at least 15 more days to pay before we suspend the affected service. Suspension is limited to the unpaid service, and we restore it promptly after payment. We do not delete your data because of a suspension.

Disputing a valid charge with your bank instead of contacting us first does not cancel the service or the amount owed. If you believe a charge is wrong, email us and we will review it in good faith.

In short: Monthly services renew until you email us to cancel.

Monthly services renew each month until canceled. Unless an order states a minimum term you accepted, you may cancel monthly services at any time by written notice to hello@sunwelltechnologies.com. Cancellation takes effect at the end of the current paid period, and no new period is charged after that.

Amounts for completed work and the current paid period remain payable. If Sunwell cancels a service without cause, we refund unearned prepaid amounts for that service. Any different deposit, early termination or refund rule must be stated clearly in the accepted order.

Canceling automatic payment authorization does not erase a valid unpaid invoice, and canceling a service is separate from disputing a charge. The Payments, Renewal and Cancellation Policy explains each step.

In short: Sunwell owns what it builds. You own your data, brand and content.

Sunwell owns everything it creates or provides under this agreement: its platforms, including Sunwell CRM and Sunwell Mint, and all websites, designs, code, components, templates, integrations, custom features, documentation and other work product, including improvements and work made specifically for you. No ownership transfers to you unless an order expressly says so in writing.

While the order is in force and fees are paid, Sunwell grants you a nonexclusive, nontransferable license to use the services and deliverables for your business within the scope of the order. The license ends when the service ends, unless the order states a buyout or a longer license.

You keep ownership of your business data, your trademarks and logos, and the content you supply, such as your text and photos, and you grant Sunwell the rights needed to perform the services. Third-party products, fonts, images and plugins remain subject to their own licenses.

In short: We both keep each other's business private.

Each party will protect the other's nonpublic business information with reasonable safeguards and use it only to carry out this agreement, comply with law or exercise a legal right. Access is limited to personnel and service providers with a business need and similar obligations.

When Sunwell processes personal information on your behalf, such as your customers' names, addresses and phone numbers in Sunwell CRM, the Data Processing Addendum applies and forms part of this agreement. You are responsible for having the right to collect and use that information and for the lawfulness of your instructions.

These terms do not certify compliance with HIPAA, PCI DSS for your own card handling, GDPR or any other regulatory framework. Do not store regulated health information or other specially regulated data in our services without a separate written agreement.

In short: You are responsible for consent on the texts and emails you send.

You will follow the Acceptable Use Policy. You are responsible for the texts, emails, calls and other messages you send through our services, including getting any required consent and honoring opt-outs under the TCPA, CAN-SPAM, carrier rules and state law.

In short: Support levels are in our support policy. Outside services can fail.

Support hours, included edits, response targets, maintenance and any availability commitment are described in the Support and Service Levels policy unless the order states something different. A response target is not a guaranteed fix time unless the order says so.

Sunwell is responsible for its own work but cannot guarantee the availability or terms of independent platforms such as payment processors, email and text carriers, map providers, QuickBooks or supplier systems. Third-party licenses and usage charges you will pay must be disclosed in the order or an approved change. Sunwell does not present another company's certifications as its own.

In short: If our work misses the agreed scope, we fix it or refund that part.

Sunwell will perform professional services with reasonable care and skill and will correct a material failure to meet the agreed scope after receiving enough written detail to reproduce it. If we cannot correct it within a reasonable agreed period, you may end the affected work and receive a proportionate refund of prepaid fees for the uncorrected portion.

Your changes, your content and third-party failures are outside this warranty to the extent they cause the issue. Except as stated in this agreement, and to the extent the law allows, the services are provided without other warranties, including implied warranties of merchantability and fitness for a particular purpose. Rights that the law does not allow to be waived are preserved.

In short: Claims are capped at 12 months of fees, with clear exceptions.

To the extent the law allows, neither party is liable for lost profits or indirect, special or consequential damages, and each party's total liability arising from an order is limited to the fees paid or payable under that order during the 12 months before the event giving rise to the claim.

These limits do not apply to fraud, willful misconduct, breach of confidentiality (including obligations for protected personal information), infringement of the other party's intellectual property, your payment obligations, or liability the law does not allow the parties to limit. This agreement does not impose arbitration, a class-action waiver, a personal guarantee or an indemnity.

In short: You get 30 days to export your data after a service ends.

You may request an export of your business data in a reasonably available format, such as CSV, at any time and for 30 days after a service ends. Special formats or migration help are priced in the order or a change. After the export window, we delete your data from active systems within 60 days, and from backups as they expire on their normal schedule, except records we must keep for tax, fraud prevention, disputes or law, with access limited to those purposes.

Either party may end an order for a material breach that remains uncured 30 days after written notice, or sooner where continued access would be unlawful or create an immediate security risk.

In short: Your signature stays tied to the version you signed.

We may publish updated versions of this agreement for future orders and renewals. Each acceptance stays tied to the exact version accepted, and past versions remain available. A material change to a recurring service applies to you only after 30 days notice, and you may cancel before it applies.

In short: Delaware law, and the usual contract housekeeping.

Delaware law governs this agreement without regard to conflict-of-law rules, subject to mandatory applicable law, and the parties consent to the state and federal courts located in Delaware. Neither party is responsible for delays caused by events beyond its reasonable control. The parties are independent contractors. Neither party may assign an order without consent, except to a successor in a merger or sale of the business with notice. This agreement and the order are the entire agreement on their subject, and a waiver must be in writing.

In short: Email works for notices. We both sign electronically.

Operational and contract notices may be sent by email to the contacts in the order. Sunwell's contact is hello@sunwelltechnologies.com; its mailing address for contract notices is PO Box 935, Madera, CA 93639. The parties agree to sign electronically. Each acceptance record identifies the signer, their authority, the accepted proposal revision and the exact document versions.

In short: Per-seat pricing, billed on the 1st.

Sunwell CRM is billed per user seat at the price in the order. Unless the order says otherwise, subscriptions bill monthly in advance on the 1st of each month, seats added mid-month start billing on the next billing date, and removed seats stop billing on the next billing date. White-label, extra locations and add-ons are billed only when listed in the order.

Guided setup, import and migration services are included or priced as stated in the order. Imported data is checked with you before go-live; you remain responsible for confirming that your imported records are correct.

You control your users and are responsible for activity under your account. Keep sign-in details private and tell us promptly about any unauthorized access.

In short: 50 percent up front, 50 at launch, two revision rounds.

Unless the order says otherwise, website builds are billed 50 percent at signing and 50 percent at launch, include two rounds of revisions on the agreed design, and are accepted when you approve launch or 10 business days after we deliver the launch-ready site without a written list of material issues.

Sunwell owns the website, its design and code. You may use it for your business while your hosting and care plan or support retainer is active. Your domain is registered in your name or transferred to you on request, and your content stays yours.

If you end hosting, the site license ends and we return your content on request. If the order offers a buyout price, you may buy a perpetual license to the site files at that price.

In short: Billed by milestone. Ending early means paying for work done.

Custom software, CRM customization and integration work follow the milestones in the order. Each milestone is accepted when you approve it or 10 business days after delivery without a written list of material issues tied to the agreed scope.

Custom features and integrations belong to Sunwell, are added to the Sunwell platform and are licensed to you as part of your subscription or retainer. Integrations depend on third-party APIs; if a third party changes or ends its API, we will tell you and propose the work needed to adapt.

If you end a project early, you pay for work completed to that date and any committed third-party costs. Any deposit is applied to that amount and the remaining balance is refunded.

In short: A set number of hours each month, canceled any time.

A support retainer is a monthly service that keeps a Sunwell team on call for your software, CRM or website. The order states the monthly fee, the hours or requests included and what is covered, such as fixes, updates, small changes, reporting and priority response.

Retainers bill in advance on the 1st of each month and renew monthly until canceled, with no minimum term unless the order states one. Unused hours do not roll over unless the order says so. Work beyond the included hours is quoted first and billed at the retainer rate in the order.

Retainer customers get the response targets in the Support and Service Levels policy plus any faster targets in the order. Larger projects can be scheduled inside the retainer or quoted as a separate project.

In short: Projects on the order schedule; monthly services on the 1st.

• Deposits: due when you sign, if your order has one.
• Projects: 50 percent at signing and 50 percent at launch, or by milestone, as stated in the order. Many customers pair a project with a monthly support retainer.
• Monthly services (support retainers, CRM seats, hosting and care plans): billed in advance on the 1st of each month.
• Catch-up charges: if service starts mid-month, the order states any first charge before the regular 1st-of-month billing begins.

In short: Autopay only starts with your separate yes.

We only charge a saved card or bank account automatically after you give a separate authorization. The authorization shows the amount or how it is calculated, the date of each charge, how long it lasts and how to cancel. You receive a receipt for every charge.

In short: One email. Service runs to the end of the paid month.

• Email hello@sunwelltechnologies.com from an address on your account, naming the service you want to cancel.
• We confirm by email within 2 business days.
• The service runs to the end of the period you already paid for. No new charge is made after that.
• To stop automatic payments without canceling, say so in the same email. Open invoices still need to be paid another way.

In short: No partial-month refunds; errors refunded in full.

Refunds go back to the original payment method, usually within 5 to 10 business days after we issue them.

In short: Email, retry, second notice, and only then a pause.

We email you the same day and retry the payment. If the amount is still unpaid 10 days after the due date, we send a second notice. We pause the unpaid service no sooner than 15 days after that notice, and we restore it as soon as payment clears. Your data is not deleted because of a pause.

In short: Email us first. We answer within 5 business days.

Email hello@sunwelltechnologies.com and we will review the charge within 5 business days. Please contact us before filing a dispute with your bank, so we can fix any mistake faster.

In short: Only message people who agreed to hear from you.

• Get the consent the law requires before sending marketing texts, calls or emails, and keep a record of it.
• Honor STOP, unsubscribe and do-not-call requests promptly. Our tools record opt-outs; do not work around them.
• Identify your business in every message and follow carrier registration rules for business texting.
• Do not send messages to purchased or scraped lists.

In short: Nothing illegal, harmful or shared outside your business.

• No unlawful, deceptive, defamatory or infringing content.
• No malware, phishing or attempts to access accounts or data that are not yours.
• No load testing, scanning or probing of our systems without written permission.
• No reselling, sublicensing or sharing seats outside your business unless your order allows it.

In short: We tell you, limit only what is needed and help you fix it.

If use breaks this policy or puts others at risk, we may limit the affected feature after telling you, or immediately where needed to stop harm. We will tell you what happened and how to restore normal use.

In short: Sunwell Technologies LLC runs our sites and apps.

Sunwell Technologies LLC, a Delaware limited liability company, runs sunwelltechnologies.com, sunwellcrm.com, Sunwell CRM and Sunwell Mint (our proposal, agreement and invoicing workspace). Contact hello@sunwelltechnologies.com or PO Box 935, Madera, CA 93639.

In short: What you type in, campaign visits, proposal views and account records.

• Forms and bookings: name, company, email, phone, the time you pick, the tools and costs you enter in our calculators, and any message.
• Campaign visits: when you open our emails or visit our campaign pages, our marketing system (Spark) records the page, campaign, referring link and actions such as starting a form or booking a call, linked to the email the message was sent to.
• Proposals and agreements: access events, timestamps, document interactions, IP address and browser information when you view a shared proposal, and signer details and the accepted version when you sign.
• Customers: account and staff details, invoices, subscription records, payment-provider references, support requests and security logs.

In short: To reply, deliver, bill, support and keep things secure.

To reply to you, hold the call you booked, prepare and deliver proposals and services, bill and support customers, keep our services secure, prevent misuse, keep legal and accounting records, and understand which pages and campaigns work.

In short: A short list of providers, each limited to its job.

Payment details are entered with Stripe. We keep payment references and status, never full card numbers.

In short: No selling data, no ad trackers, no AI training on your data.

We do not sell personal information or share it for cross-context behavioral advertising. We do not run third-party advertising trackers. We do not use customer data to train AI models.

In short: Only as long as needed, then deleted.

In short: Ask to see, fix, export or delete. Reply within 30 days.

Ask to see, correct, export or delete information we hold about you, or opt out of campaign emails with the link in any email. Residents of California and other states have rights under their state law, and we honor them the same way for everyone. Email hello@sunwelltechnologies.com. We reply within 30 days and may verify your identity first.

In short: Your customer list belongs to you.

Information your business stores in Sunwell CRM about your own customers belongs to your business. We process it only on your instructions under the Data Processing Addendum. Requests from your customers go to you, and we help you answer them.

In short: Sign-in storage only in our apps; dated updates.

Our apps use browser storage for sign-in sessions and preferences. Our websites use the privacy choices control to manage optional tracking. We use access controls, protected credentials and encryption in transit, but no system can be guaranteed completely secure. Our services are for businesses and are not directed to children under 16. We date every update and give notice of material changes.

In short: You control your customers' data; we process it for you.

This addendum is part of the Customer Agreement and applies when Sunwell processes personal data for you, such as your customers' contact details, addresses, job notes, photos and messages. For this processing you are the controller or business, and Sunwell is the processor, service provider or contractor.

In short: We use it only to run the services in your order.

Sunwell processes personal data only to provide, secure and support the services in your order, on your documented instructions through the agreement, your settings and written directions. We will tell you if an instruction appears to break the law, unless the law prohibits telling you.

• Subject matter: providing the services in your order.
• Duration: the term of the order plus the export window.
• Data subjects: your customers, leads, contacts, staff and subcontractors.
• Data types: contact details, property addresses, job and estimate details, photos, communications, invoices and payment status.

In short: Need-to-know access under confidentiality.

Access is limited to personnel who need it for the services and are bound by confidentiality. Sunwell maintains appropriate technical and organizational measures, described in the Security Overview, covering access control, encryption in transit, logging, backups and secure deletion.

In short: 30 days notice before a new provider touches your data.

You authorize the subprocessors listed in the Privacy Policy. We keep that list current, give at least 30 days notice before adding a subprocessor that processes your data, and let you object on reasonable privacy or security grounds. We impose written data-protection terms on each subprocessor and remain responsible for their work.

In short: We help you answer your customers' requests.

We help you respond to verified requests from individuals, forward requests we receive, and do not answer them for you unless you ask or the law requires it. We reasonably help with assessments, records and regulator questions about the services.

In short: Notice within 72 hours where practicable.

We notify you without undue delay, and within 72 hours where reasonably practicable, after confirming a breach of security affecting your personal data. Notice includes what we know about the nature and scope, the data and people affected, likely consequences, containment, remediation and a contact. We preserve evidence and help with legally required notices. Notice is not an admission of fault.

In short: Export, then deletion on schedule.

At the end of processing you can export your data during the export window. Then we delete it as the Customer Agreement describes, unless the law requires us to keep it, in which case it stays protected and is deleted when that duty ends. We confirm completion on request.

In short: We show our work on reasonable request.

On reasonable request we provide information needed to show compliance with this addendum. Further review is reserved for a material incident, a regulator request or a verified gap, and must protect other customers.

In short: No selling or sharing; processed in the United States.

For California personal information, Sunwell will not sell or share it, will not use or disclose it outside the direct business relationship and the purposes above, and will not combine it with other data except as the law permits. We will tell you if we can no longer meet these duties. Personal data is processed in the United States. Transfers from other regions need a transfer mechanism agreed in writing before they start.

In short: For personal data, this addendum wins.

This addendum controls over the Customer Agreement for personal data processing. The agreement's liability terms apply except where mandatory law requires otherwise.

In short: A named owner and a yearly risk review.

Sunwell maintains a risk-based security program suited to the services and the data involved, with a named owner, at least annual risk review and review after major changes.

In short: Least privilege, two-step sign-in, no shared passwords.

• Least privilege, unique accounts and prompt removal of access when someone leaves.
• Everyone with admin access uses multi-factor sign-in on our hosting, database, source code, payment and email accounts.
• Customer data is separated by account. One customer's records are never copied into another customer's workspace.
• No shared staff passwords. Service keys are kept in the protected environment settings of our providers, never in code, and rotated after any suspected exposure.

In short: Encrypted connections; secrets kept out of code.

Data is encrypted in transit over public networks and stored with providers that encrypt data at rest. Keys and secrets are kept out of source code, tickets, chat and logs.

In short: Reviewed, tested changes that can be rolled back.

Changes are reviewed, tested and released through a controlled process with the ability to roll back. Production customer data is not used for development or testing.

In short: Logged admin actions and provider-managed backups.

Security-relevant sign-in, admin and export activity is logged and access to logs is restricted. Backups are kept by our database provider with the same protections as live data.

In short: A response plan and notice within 72 hours where practicable.

We keep an incident response plan. After confirming an incident that materially affects your data or services, we notify you without undue delay, and within 72 hours where reasonably practicable, then follow up with scope, impact, remediation and a root-cause summary.

In short: No public AI on your data; vendors reviewed.

We do not submit your data to public or model-training AI systems. Any AI feature that processes customer data will be listed and described before it is turned on. We review the security of providers that handle customer data.

In short: Email or the in-app button, weekdays 8 to 6 Pacific.

Email hello@sunwelltechnologies.com or use the in-app feedback button. Support hours are Monday to Friday, 8 am to 6 pm Pacific, excluding US federal holidays, unless your order says otherwise.

In short: Urgent issues answered within 4 business hours.

These are first-response targets, not fix times, unless your order states otherwise.

In short: A 99.5 percent monthly uptime target.

We aim for hosted services to be available 99.5 percent of each month, excluding announced maintenance and outages of third-party providers outside our control. If your order includes a service credit, it is stated there.

In short: Help and fixes are included; bigger changes are quoted.

Subscriptions include help with using the product and fixing defects. Website care plans include the edits listed in the plan. Monthly support retainers include the hours and priority stated in the order. Larger changes are quoted as a change before work starts.

In short: Browse and use the free tools for your business.

You may browse our sites and use their free tools for your own business. Please do not try to break, overload or copy the sites, scrape them at scale or use them to send spam or harmful code. Use of our paid services is covered by the Customer Agreement, which controls if the two differ.

In short: Your order sets your price; calculators are estimates.

We work to keep prices, features and comparisons accurate and dated. The price that applies to you is the one in your order. Comparisons describe other products using public information or estimates, marked on each page; product names belong to their owners, and Sunwell is not affiliated with them. Calculator results are estimates for planning only.

In short: Our content is ours to share by link; Delaware law.

The sites' text, design and code belong to Sunwell. You may share links to any page. The sites are provided "as is"; to the extent the law allows, we disclaim implied warranties and are not liable for indirect or consequential losses from using them. Delaware law governs these terms.