Terms and Conditions

Last updated June 22, 2022

AGREEMENT TO OUR LEGAL TERMS
We are Sunny Reviews ("Company," "we," "us," "our"), a company registered in Australia.

We operate the website https://sunnyreviews.com.au (the "Site"), along with any related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Sunny Reviews is a full-service reputation management platform created to help businesses enhance their online presence and strengthen trust with their customers. Our offerings include:

Automated Review Requests: We provide professionally written text and email invitations that encourage satisfied customers to leave reviews on Google, social media, and other top review platforms. Our system uses proven messaging techniques and a strategic schedule to help you collect authentic feedback effortlessly.

Reputation Monitoring & Insights: We track reviews, ratings, and brand mentions across multiple platforms and provide real-time dashboards and notifications. This enables you to monitor your reputation and address potential concerns promptly.

Professional Review Responses: Our team can reply to reviews on your behalf—thanking happy customers and managing feedback from negative reviews. This timely, personalized engagement demonstrates that you value customer opinions and care about their experience.

Repurposing Reviews for Marketing: We transform your best reviews into shareable content for social media, highlight reels, and website widgets. This social proof showcases your high-quality service and helps attract new leads.

System Integrations: Our platform connects seamlessly with your CRM, Google Business Profile, and social accounts, automating review requests and centralizing management of incoming feedback.

At Sunny Reviews, our mission is to simplify the entire review and reputation management process, allowing you to focus on delivering exceptional customer experiences while we help you shine online.

You can contact us via email at [email protected], or by mail through our website contact form.

These Legal Terms form a binding agreement between you, whether acting personally or on behalf of an organization ("you"), and Sunny Reviews, regarding your access to and use of our Services. By accessing the Services, you confirm that you have read, understood, and agreed to these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

Any supplemental terms or documents posted on the Services from time to time are incorporated here by reference. We reserve the right to update or modify these Legal Terms at any time, for any reason, at our sole discretion. Updates will be reflected by changing the "Last updated" date, and you acknowledge that you may not receive individual notifications. It is your responsibility to review these Legal Terms periodically. Continued use of the Services after updates constitutes acceptance of the revised terms.

The Services are intended for users aged 18 or older. Individuals under 18 are not permitted to use or register for the Services.

We recommend that you save a copy of these Legal Terms for your records.

1. OUR SERVICES
The information provided when using our Services is intended solely for users in jurisdictions where such use is legally permitted. Accessing or using the Services from locations where local laws, regulations, or registration requirements would be violated is done entirely at your own initiative, and you, as the user, are solely responsible for ensuring compliance with any and all applicable local laws. By accessing the Services from such regions, you acknowledge that Sunny Reviews assumes no responsibility for your compliance obligations and that your decision to use the Services outside our primary operating region is voluntary. Users are expected to exercise independent judgment and discretion regarding local legal obligations when accessing or utilizing our Services.

2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
Sunny Reviews is the owner or duly licensed holder of all intellectual property rights in and to the Services, which include, without limitation, all source code, databases, software, website functionality, designs, graphics, text, photographs, audio, and video, as well as all associated trademarks, service marks, and logos (collectively, the "Content" and "Marks"). All Content and Marks are protected by copyright, trademark, patent, and other intellectual property laws both in Australia and internationally. These legal protections are enforced to preserve the integrity, authenticity, and value of our Services. The Content and Marks are provided to you “AS IS” and for your internal business purposes only. No rights, title, or interest are transferred to you other than as expressly granted herein.

Your Use of Our Services
Subject to your strict adherence to these Legal Terms, Sunny Reviews grants you a limited, non-exclusive, non-transferable, revocable license to access the Services and, where permitted, to download or print portions of the Content for internal business purposes only. Any use of the Services, Content, or Marks beyond this license, including reproduction, aggregation, distribution, posting, display, or commercial exploitation, is strictly prohibited without our express prior written permission. Requests for permissions beyond those expressly granted must be directed to [email protected], and any approved use must clearly credit Sunny Reviews as the owner or licensor, maintaining all applicable copyright, trademark, or proprietary notices. We expressly reserve all rights not granted herein, and any violation of these rights constitutes a material breach of these Legal Terms, resulting in immediate termination of your rights to access and use the Services.

Your Submissions and Contributions
Users of the Services may submit questions, feedback, suggestions, ideas, or other materials (“Submissions”), or contribute content to public forums, blogs, message boards, or other interactive areas of the Services (“Contributions”). By submitting Submissions, you automatically assign to Sunny Reviews all intellectual property rights in such materials, granting us the unrestricted right to use, modify, reproduce, distribute, and publicly display such Submissions for any lawful purpose, including commercial purposes, without the need for acknowledgment or compensation. Contributions, whether publicly posted or privately submitted, may be viewed by other users and may be incorporated into the Services, third-party websites, or marketing materials. By posting or submitting Contributions, you grant Sunny Reviews a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive license to host, use, copy, reproduce, distribute, publicly display, perform, reformat, translate, create derivative works from, and otherwise exploit your Contributions in any media, in whole or in part, for any lawful purpose, including commercial and advertising purposes. This license includes the right to use any names, images, trademarks, service marks, trade names, or other personal or commercial identifiers included in your Contributions. You represent and warrant that all Submissions and Contributions are your original work or that you have the necessary rights and permissions to grant the rights herein, and you expressly agree to indemnify and hold Sunny Reviews harmless from any claims, losses, or damages arising from your breach of these representations, including violations of third-party intellectual property rights, privacy rights, or applicable laws.

We reserve the right, at our sole discretion, to remove, edit, or reclassify any Contributions at any time without notice. While we are under no obligation to monitor Submissions or Contributions, we may remove or modify any content that we reasonably determine is harmful, unlawful, or otherwise in violation of these Legal Terms, including content that infringes third-party rights, contains offensive or objectionable material, or otherwise interferes with the operation or security of the Services.

Copyright Infringement
Sunny Reviews respects the intellectual property of others. If you believe any material on or accessible through the Services infringes your copyright or other intellectual property rights, please contact us immediately at [email protected] with all relevant details, including identification of the allegedly infringing material and your ownership claim. Misrepresentation in any notification may result in legal liability.

3. USER REPRESENTATIONS
By accessing or using the Services, you represent and warrant that all information you provide is accurate, current, and complete, and you will maintain the accuracy of such information. You affirm that you are legally competent to use the Services, that you are not a minor in your jurisdiction, that you will not use automated or non-human methods to access the Services, and that your use of the Services will comply with all applicable laws and regulations. Any submission of false, misleading, or incomplete information may result in suspension, termination, or restriction of your account and Services access.

4. USER REGISTRATION
You may be required to create an account to access certain features of the Services. You are responsible for safeguarding your password and account credentials and for all activity occurring under your account. Sunny Reviews reserves the right to reclaim, remove, or change usernames that are deemed inappropriate, offensive, or otherwise objectionable, in our sole discretion.

5. PURCHASES AND PAYMENT
We accept payment via Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide accurate payment and billing information and to update such information promptly as needed. Prices are subject to change, and all applicable taxes may be added to the purchase price. Orders may be limited or refused at our discretion, and we reserve the right to correct pricing errors or omissions. All payments must be made in USD, and you authorize us to charge your selected payment method for all applicable charges at the time of purchase.

6. SUBSCRIPTIONS
Subscription services will continue and automatically renew unless canceled. By subscribing, you consent to recurring charges to your selected payment method until you cancel. Cancellation may be completed through your account and will take effect at the end of the current billing cycle. Fee changes may occur, and you will be notified in accordance with applicable law. Questions or concerns regarding subscriptions should be directed to [email protected].

7. PROHIBITED ACTIVITIES
You may not use the Services for purposes not expressly authorized, nor engage in activities that violate applicable laws, interfere with the Services, or infringe on intellectual property rights. Prohibited activities include, without limitation, accessing the Services via automated means, collecting data or content for unauthorized use, distributing malware or viruses, misusing support services, engaging in harassing or abusive behavior, circumventing security measures, impersonating other users, or using the Services to conduct unauthorized commercial activity or compete with Sunny Reviews.

8. USER GENERATED CONTRIBUTIONS
Users may create, submit, post, or upload content (“Contributions”) through the Services, including text, graphics, images, audio, or video. By submitting Contributions, you represent and warrant that you own or have the necessary rights and permissions for all Contributions and that your content does not infringe any third-party rights, violate any law, or include offensive or harmful material. Contributions may be visible to other users and through third-party websites, and you acknowledge that such content is non-confidential and non-proprietary.

9. CONTRIBUTION LICENSE
By posting Contributions or linking your social media accounts, you grant Sunny Reviews a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, distribute, publicly display, perform, translate, create derivative works from, and otherwise exploit your Contributions in any media, in whole or in part, for any lawful purpose, including commercial purposes. You retain ownership of your Contributions but waive all moral rights to the extent permitted by law.

10. SOCIAL MEDIA
By linking your account to third-party services, you permit Sunny Reviews to access and display content from those accounts through the Services. You may disconnect your accounts at any time. We are not responsible for content on third-party platforms or changes in their access policies.

11. THIRD-PARTY WEBSITES AND CONTENT
The Services may include links to third-party websites or content. Such sites and content are not controlled, verified, or endorsed by Sunny Reviews. You access and use any third-party websites or content at your own risk. We disclaim any responsibility or liability for purchases, damages, or disputes arising from third-party interactions.

12. SERVICES MANAGEMENT
Sunny Reviews reserves the right to monitor, modify, remove, or restrict access to any content or Services at our discretion to protect our rights, maintain system integrity, and ensure lawful use.

13. PRIVACY POLICY
Our Privacy Policy applies to all users: https://www.sunnyreviews.com.au/privacy-policy. By using the Services, you consent to the collection, transfer, and processing of your data according to our Privacy Policy.

14. COPYRIGHT INFRINGEMENTS
If you believe any material on the Services infringes your copyright, please contact [email protected]. Misrepresentations may result in liability.

15. TERM AND TERMINATION
Sunny Reviews may terminate or suspend your access to the Services at any time for violations or at our discretion. Re-registration under the same or alternate identities is prohibited. Legal action may be pursued in addition to account termination.

16. MODIFICATIONS AND INTERRUPTIONS
Services may be modified, suspended, or discontinued at any time without notice. Sunny Reviews is not liable for interruptions or unavailability and does not guarantee continuous access.

17. GOVERNING LAW
These Terms are governed by the laws of Australia, without regard to conflicts of law principles.

18. DISPUTE RESOLUTION
All disputes will be resolved in Australian courts. Certain international conventions are excluded. Claims must be filed within one (1) year of the cause of action.

19. CORRECTIONS
Information on the Services may contain errors or omissions. Sunny Reviews reserves the right to correct such errors at any time without prior notice.

20. DISCLAIMER
Services are provided “AS IS” without warranties of any kind. Sunny Reviews disclaims liability for errors, interruptions, unauthorized access, malware, or third-party content. Users should exercise judgment and caution when interacting with third parties.

21. LIMITATIONS OF LIABILITY
Sunny Reviews and its employees, directors, or agents are not liable for direct, indirect, incidental, consequential, or punitive damages arising from your use of the Services. Our maximum liability is limited to the lesser of amounts paid by you to Sunny Reviews in the prior one (1) month or $500 USD. Certain laws may limit these disclaimers, and additional rights may apply.

22. INDEMNIFICATION
You agree to fully defend, indemnify, and hold Sunny Reviews, its affiliates, subsidiaries, officers, directors, employees, and agents harmless from and against any and all claims, losses, liabilities, damages, demands, fines, penalties, costs, or expenses, including reasonable legal fees, arising directly or indirectly from your actions or any content, data, or information you provide. This includes, but is not limited to, any claims relating to the accuracy, legality, or appropriateness of information you submit, any breach of these Terms, any violation of third-party rights, including intellectual property or privacy rights, and any act that causes harm or loss to any other person, business, or entity as a result of your interactions with Sunny Reviews’ platform or services. Sunny Reviews reserves the right, at its discretion and at your expense, to assume exclusive control of the defence and resolution of any such claims, and you agree to provide all reasonable cooperation necessary to support such defence. This indemnification obligation is a continuing requirement and survives the termination of your relationship with Sunny Reviews.

23. DATA MANAGEMENT AND RESPONSIBILITY
Sunny Reviews maintains certain data transmitted to the platform for operational, reporting, and analytical purposes. While we undertake routine backups to maintain the integrity of our systems, the responsibility for the accuracy, security, and completeness of the data you provide rests solely with you. Sunny Reviews is not responsible for any loss, corruption, or unauthorized access to your data, and you waive any claim against the Company arising from such occurrences. It is strongly recommended that you maintain independent copies of all essential information to ensure that critical business data is preserved, accessible, and protected.

24. ELECTRONIC COMMUNICATIONS AND AGREEMENTS
By engaging with Sunny Reviews, including submitting information, completing online forms, or corresponding via email, you consent to receiving communications electronically. All agreements, notices, disclosures, or other communications provided by Sunny Reviews electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, records, and delivery of notices and other contractual documentation, and acknowledge that such electronic transactions are legally valid and binding. This consent extends to all communications related to service updates, billing, policy changes, or other operational matters, and supersedes any requirement for paper-based documentation.

25. SMS AND ELECTRONIC MESSAGING
Sunny Reviews may facilitate SMS or electronic communications to your contacts on your behalf. You have the right to opt out of receiving messages at any time, and standard mechanisms such as replying with “STOP” will generally be recognized by the system. Please be aware that standard message and data rates may apply, as determined by your telecommunications provider. Any inquiries regarding messaging or troubleshooting can be directed to [email protected] or via the official contact channels provided by Sunny Reviews.

26. MISCELLANEOUS PROVISIONS
These Terms, together with any policies or operating guidelines published by Sunny Reviews, constitute the full and complete agreement between the parties. Any failure to exercise or enforce a right under these Terms does not constitute a waiver of that right. These Terms are intended to be interpreted to the fullest extent permitted by applicable law. Sunny Reviews may assign its rights and obligations freely to affiliated entities or successors in interest. Certain circumstances, including events outside of reasonable control, may affect service availability, and Sunny Reviews shall not be held liable for delays or failures arising from such causes. Provisions that are deemed invalid or unenforceable are to be considered severable, with the remaining provisions remaining in full effect. There is no creation of partnership, agency, or joint venture by virtue of these Terms, and the Terms are not to be construed against Sunny Reviews based solely on drafting responsibility.

27. DEFINITIONS
For the purposes of these Terms, “Sunny Reviews,” “the Company,” “we,” or “us” refers to Sunny Reviews, the provider of review request and feedback solicitation services. “Client” or “you” refers to the business, organization, or individual contracting with Sunny Reviews to send review requests or feedback communications to their own customers. “End Customers” are the recipients of these communications—individuals who have interacted with the Client’s products or services. “Services” encompasses the review request platform, SMS and email communication tools, integrations with third-party systems such as Google Business Profile, CRMs, or other business software, and any supporting applications or websites used to facilitate these communications. Default messaging settings, templates, and schedules are provided as part of the Services but may be customized by the Client. Applicable laws include all statutes, regulations, and rules relevant to the processing of personal data, electronic communications, and consumer engagement in the Client’s jurisdiction.

28. SCOPE OF SERVICES
Sunny Reviews provides tools and platforms to facilitate sending review and feedback requests to End Customers on behalf of Clients. This includes automated or semi-automated communications via email, SMS, or other electronic channels, integrations with third-party systems for efficiency and automation, and the provision of default or customizable templates and messaging schedules. The Services are strictly limited to the facilitation of review requests and do not extend to guaranteeing review content, monitoring third-party review platforms, or moderating customer feedback. Clients remain responsible for the management of their reviews, interpretation of responses, and the handling of customer relations resulting from these communications.

29. CLIENT RESPONSIBILITIES
Clients are responsible for ensuring that all contact information submitted to Sunny Reviews is accurate, current, and provided with the proper consent from End Customers. Clients must maintain the integrity of any integrated systems such as CRMs or social media accounts to ensure continuous operation of the Services. Clients are fully responsible for the content, accuracy, legality, and appropriateness of all messages sent through the platform, whether using default scripts or customized content. This includes compliance with applicable privacy, data protection, and communications laws in any jurisdiction where the Client operates. Clients acknowledge that they bear full responsibility for any consequences, legal or reputational, arising from the content or delivery of communications to End Customers.

30. MESSAGING CONTENT AND AUTOMATION
Sunny Reviews facilitates the sending of messages on behalf of Clients but does not control or approve the specific content beyond basic compliance checks. By using the platform, Clients authorize Sunny Reviews to send messages, reminders, and notifications to End Customers using the sender identity provided by the Client. Clients may customize messaging templates and schedules to suit their needs, and bear sole responsibility for the outcomes and reception of such communications. Sunny Reviews does not guarantee positive responses, nor does it assume liability for negative feedback or reactions from End Customers. Opt-out requests are facilitated where possible, but the ultimate responsibility for compliance with such requests lies with the Client.

31. DATA STORAGE AND SECURITY
Sunny Reviews securely stores Client data, including account information, contact lists, and messaging history, for as long as necessary to provide Services, maintain business continuity, or comply with legal obligations. Clients may request permanent deletion of data, and Sunny Reviews will make commercially reasonable efforts to erase such information in accordance with applicable regulations. Clients remain responsible for maintaining local copies of critical data and ensuring the accuracy of all submitted information.

32. SERVICE LIMITATIONS AND NO GUARANTEES
Clients acknowledge that Sunny Reviews provides tools for requesting reviews and feedback but does not guarantee any specific results. The volume, content, or quality of reviews is determined solely by End Customers, and Sunny Reviews is not liable for customer reactions, business outcomes, or reputation changes resulting from the use of the Services. The platform is provided on an “as is” basis, and while Sunny Reviews aims for high reliability, temporary interruptions, maintenance downtime, or issues with third-party integrations may occur. Clients are responsible for any third-party fees incurred, such as SMS or data charges, and must bear the consequences of changes in third-party systems or platforms affecting the Services.

33. TERMINATION AND SUSPENSION
Clients may terminate their subscription at any time through the platform or by written notice to Sunny Reviews. Termination by the Company may occur due to violations of these Terms, illegal activity, misuse, or operational risks, with notice provided where feasible. Upon termination, access to the Services ceases, and Clients should export any necessary data. Sunny Reviews may retain certain information for legal, regulatory, or internal business purposes. Termination does not absolve Clients of accrued obligations or indemnification duties, and no refund is provided for termination due to breach or misconduct.

34. INDEMNIFICATION CLAUSE
Clients warrant that all contact information submitted to Sunny Reviews has been provided with explicit consent from End Customers. Clients agree to defend, indemnify, and hold harmless Sunny Reviews, its affiliates, and personnel from any claims, losses, or liabilities arising from violations of this requirement, unauthorized disclosures, or breaches of consent. This includes any legal actions, penalties, or damages stemming from the sending of messages to individuals who have not provided proper consent. Indemnification obligations survive the termination of the Client’s account or subscription.

35. MISCELLANEOUS
Sunny Reviews reserves the right to modify these Terms at any time, with notice provided through email or the platform. These Terms constitute the entire agreement and supersede prior agreements or representations. If any provision is found to be invalid or unenforceable, it will be severed without affecting the validity of remaining provisions. No waiver of rights occurs without express written consent, and Clients may not assign obligations without permission. The relationship is that of independent parties, and Sunny Reviews is not liable for delays or failures caused by circumstances beyond its control, including natural disasters, technical failures, or force majeure events. Notices are deemed delivered according to electronic or postal communication standards.

36. CONTACT US
For any questions, complaints, or inquiries regarding the Services or these Terms, Clients may contact Sunny Reviews at [email protected] or via the official business contact channels.