TERMS OF SERVICE

Last Updated: April 30, 2025

This document constitutes a legally binding agreement between you and Sunup Platforms, LLC. Please read it carefully.

1. INTRODUCTION

Welcome to Sunup Hunt (“we,” “our,” or “us”), a product of Sunup Platforms, LLC. These Terms of Service (“Terms”) govern your access to and use of the Sunup Hunt website, mobile applications, and services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not access or use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. SERVICES DESCRIPTION

Sunup Hunt provides a platform for hunting education, planning, and information through:

  • AI-Powered Hunting Assistant: Natural language queries for hunting decisions
  • Educational Courses: Access to hunting strategies, techniques, and unit-specific information
  • HuntWatch Reminders: Notifications for hunting seasons, application deadlines, and other important dates
  • Community Features: Forums and discussion groups for hunters to share experiences and advice
  • Verified Expert Content: Educational materials created by verified hunting experts

3. ACCOUNT REGISTRATION

3.1. Account Creation

To access certain features of our Services, you must create an account. When you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2. Account Types

We offer the following account types:

  • Free Account: Provides limited access to Services
  • Premium Subscription: Provides full access to Services, including the AI-powered hunting assistant
  • Verified Hunter: Additional features for experts who wish to create and sell courses

3.3. Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. You may terminate your account at any time by contacting us at contact@sunup.am.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1. Subscription Options

We offer the following subscription options:

  • Free: Limited access to basic features
  • Premium (Monthly): $12/month, with full access to AI-powered hunting assistant and standard features
  • Premium+ (Annual): $99/year, includes all Premium features plus the Verified Hunter add-on (a $75 annual savings compared to purchasing Premium monthly plus the Verified Hunter add-on separately)
  • Verified Hunter Add-On: $30/year additional fee for verified experts (already included with Premium+ annual subscription)

4.2. Payment Processing

All payments are processed securely through Stripe. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

4.3. Automatic Renewal

Subscriptions automatically renew at the end of each subscription period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fee at the then-current rate.

4.4. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at contact@sunup.am. If you cancel, you will continue to have access to the Services until the end of your current subscription period, after which no further charges will be made.

4.5. Free Trial and Refunds

We offer a 5-day free trial for new users to experience our Premium services. This trial period serves as your opportunity to evaluate our Services and determine if they meet your needs.

After the trial period ends and you are charged for your subscription, we do not offer refunds except in exceptional circumstances at our sole discretion. By continuing your subscription after the trial period, you acknowledge that you have had sufficient time to evaluate the Services and agree to the subscription charges.

For individual course purchases, Sunup Hunt administration will review each refund request to determine if it is valid based on course quality, content accuracy, and value delivered. All decisions on course refunds are at Sunup Hunt’s sole discretion.

5. USER CONTENT AND CONDUCT

5.1. User Content

“User Content” refers to any information, data, text, photos, videos, or other materials that users submit, post, or otherwise make available through our Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and promoting our Services.

5.2. Public Posts

Content posted in public areas of the platform, including community forums, may be used by Sunup Hunt’s AI platform to improve our services. By posting in public areas, you acknowledge and consent to this use.

5.3. Private Posts

Content posted in private areas or marked as private will not be used to train our AI systems and will remain confidential.

5.4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing on the intellectual property rights of others
  • Sharing false, misleading, or deceptive information
  • Harassing, threatening, or intimidating others
  • Posting obscene, vulgar, or offensive content
  • Attempting to gain unauthorized access to our systems
  • Interfering with the operation of our Services
  • Using our Services for any illegal or unauthorized purpose
  • Transmitting any viruses, malware, or other harmful code
  • Creating multiple accounts for abusive purposes
  • Scraping or collecting data from our Services without permission

6. VERIFIED HUNTER PROGRAM

6.1. Verification Process

To become a Verified Hunter, you must:

  • Submit proof of hunting experience or expertise
  • Provide a valid hunting license or past harvest report
  • Pay the Verified Hunter add-on fee
  • Agree to additional terms specific to content creators

6.2. Content Creation and Sales

Verified Hunters may create and sell educational content through our platform. All content must:

  • Be original or properly licensed
  • Comply with our content guidelines
  • Be accurate and ethical
  • Not promote illegal hunting practices

6.3. Revenue Sharing

Revenue from course sales will be processed as follows:

  1. A 10% processing fee is first deducted from all sales to cover Processing, Payout, & Maintenance Fees (including payment processor fees, app store fees, and platform maintenance)
  2. The remaining 90% is then split between content creators and Sunup Hunt:
    • Verified Hunters receive 60% of the remaining amount
    • Regular members who create content receive 55% of the remaining amount
    • Sunup Hunt receives the remainder (40% from Verified Hunter content, 45% from regular member content)

For example, on a $100 course sale:

  • $10 is first deducted for processing fees
  • For a Verified Hunter: $54 to the creator ($90 × 60%) and $36 to Sunup Hunt
  • For a Regular Member: $49.50 to the creator ($90 × 55%) and $40.50 to Sunup Hunt

6.4. Payments and Withdrawals

Payment processing for content creators follows these rules:

  1. Payout Method: All payments are processed through PayPal. Content creators must provide a valid PayPal account to receive payments.
  2. Payment Holding Period: All earnings are held for a minimum of 60 days from the date of sale before becoming available for withdrawal.
  3. Minimum Withdrawal Amount: Content creators must accumulate a minimum of $40 in available earnings before requesting a withdrawal.
  4. Payment Schedule: Withdrawals must be initiated by the content creator through their account dashboard. Once requested, eligible withdrawals will be processed within 5-7 business days.
  5. Tax Documentation: Content creators are responsible for providing any necessary tax documentation as required by applicable laws.
  6. Educational Purpose: As a platform focused on hunting education, we reserve the right to review and ensure all content meets educational standards before processing creator payments.

6.5. Course Review and Refunds

  1. Course Review Process: All courses submitted by Verified Hunters will be reviewed by Sunup Hunt staff prior to being published to ensure quality and value.
  2. Refund Requests: For individual course purchases, Sunup Hunt administration will review each refund request to determine if it is valid based on course quality, content accuracy, and value delivered.
  3. Refund Impact: If a refund is issued, the corresponding amount will be deducted from the content creator’s earnings, including any processing fees initially retained by Sunup Hunt.

Payments to content creators will be processed monthly for all eligible sales from the previous periods.

7. MERCHANDISE SALES AND RETURNS

7.1. Merchandise Availability

From time to time, we may sell physical merchandise on our site. Product availability, pricing, and shipping options will be displayed on the product pages.

7.2. Merchandise Return Policy

For physical merchandise purchases, the following return policy applies:

  1. Return Window: Returns must be initiated within 30 days of receiving the item.
  2. Condition Requirements: Items must be returned in unused, unworn condition with all original tags and packaging.
  3. Return Shipping Costs: Return shipping costs will be split 50/50 between the customer and Sunup Hunt.
  4. Exchange Policy: For exchanges (swapping for a different size or color of the same item):
    • Sunup Hunt will cover the return shipping cost for the original item
    • The customer is responsible for shipping costs for sending the replacement item
  5. Refund Processing: Refunds will be issued to the original payment method within 7-10 business days after the returned merchandise is received and inspected.
  6. Return Process: To initiate a return or exchange, customers must contact support at contact@sunup.am to receive a return authorization and shipping instructions.
  7. Damaged or Defective Items: If an item arrives damaged or defective, please contact us immediately. We will cover the full cost of return shipping for damaged or defective items.

8. INTELLECTUAL PROPERTY

7.1. Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Sunup Platforms, LLC, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

7.2. Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as generally and ordinarily permitted through the Services according to these Terms.

7.3. Feedback

Any feedback, suggestions, ideas, or other information you provide regarding our Services may be used by us without any obligation to compensate you.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT HUNTING INVOLVES INHERENT RISKS, AND INFORMATION PROVIDED THROUGH OUR SERVICES SHOULD NOT BE THE SOLE BASIS FOR YOUR HUNTING DECISIONS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNUP PLATFORMS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Sunup Platforms, LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

11. FORCE MAJEURE

Sunup Platforms, LLC shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, natural disasters, pandemics, acts of terrorism, or government actions.

12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. DISPUTE RESOLUTION

13.1. Arbitration

Any dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Valentine, Nebraska. The arbitration shall be conducted by one arbitrator.

13.2. Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.3. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. GENERAL PROVISIONS

14.1. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services.

14.2. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, or if that is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

14.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may assign or transfer these Terms, at our sole discretion, without restriction.

14.5. Contact Information

If you have any questions about these Terms, please contact us at contact@sunup.am.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.