Terms

Terms of service

The agreement between you, the installer, and us when you use Sunny. It includes the terms on which we process your customers’ data for you.

Contents

  1. About these terms
  2. Your account
  3. Plans, add-ons and trials
  4. Fees and payment
  5. Changing plan and cancelling
  6. Using Sunny with your customers
  7. Estimates and AI answers
  8. The email assistant
  9. Voice and phone
  10. Acceptable use
  11. Your content and ours
  12. Data protection and processing
  13. Availability and support
  14. Suspension and ending the agreement
  15. Liability
  16. Changes to these terms
  17. General

1. About these terms

These terms are an agreement between [Registered company name] (“Sunny.ai”, “we”, “us”), company number [Company number], registered office [Registered office address], and the business that creates a Sunny account (“you”). They apply from when you create an account.

Sunny is for businesses. By accepting these terms you confirm that you are acting for a business and have authority to bind it. Consumer protection law that only applies to consumers does not apply to this agreement.

In these terms, Sunny or the service means our AI assistant, the chat widget, the dashboard and any add-ons you subscribe to. Your customers means the homeowners and other people who talk to Sunny on your website, by email or by phone. Our privacy policy explains how we handle personal information.

2. Your account

  • Give us accurate details and keep them up to date.
  • Keep sign-in details secure. You are responsible for what happens in your account, including what the team members you invite do. Give each person only the role they need.
  • Tell us straight away if you think someone has got into your account.

3. Plans, add-ons and trials

The plans, what they include and their prices are on our pricing page. The Base plan is needed for the add-ons. The Voice & Phone add-on includes 500 call minutes each billing month; unused minutes do not carry over. When the minutes are used up, calls are passed to your team or callers are invited to use the website chat, until the next billing month.

When we offer a free trial, we tell you its length when you sign up. At the end of a trial, you need a paid plan to keep using Sunny.

4. Fees and payment

  • Fees are charged monthly in advance, in pounds sterling, by card through our payment provider, Stripe. Prices exclude VAT, which is added where it applies.
  • There is no setup fee.
  • If a payment fails, we will tell you and try again. If it is still unpaid after seven days, we may suspend Sunny until it is paid.
  • We may change our prices by giving you at least 30 days’ notice. The new price applies from your next billing month after the notice ends. If you do not accept it, you can cancel before then.

5. Changing plan and cancelling

  • You can move to a different plan, or add or remove an add-on, at any time from the Billing page of your dashboard. Changes apply from your next billing month.
  • You can cancel at any time from the Billing page. Sunny keeps working until the end of the billing month you have paid for, and then stops. We do not refund part months, unless the law requires it.
  • There is no minimum term.

6. Using Sunny with your customers

You are responsible for:

  • Only adding Sunny to websites and phone numbers you own or are allowed to manage.
  • Telling your customers about Sunny in your own privacy notice: that you use an AI assistant provided by us, what it collects and why.
  • The information you give Sunny to work from: your website, documents, products, prices and settings. Keep them accurate and up to date, and check anything Sunny reads for you (for example a product found on your website) before approving it.
  • Following the law and the rules of your industry in what you offer and how you follow up, including consumer protection law, the rules on marketing calls, texts and emails, and any scheme you belong to, such as MCS.
  • Following up your customers’ enquiries yourself. Sunny passes an enquiry to you only when the customer agrees; it does not sell or contract on your behalf.

7. Estimates and AI answers

Sunny uses artificial intelligence. It answers from the information you give it, and tells your customers that it is an AI assistant. AI can make mistakes, so:

  • The prices, savings, payback periods and roof measurements Sunny gives are indicative estimates, not offers. They are labelled as subject to a survey. You confirm final prices, savings and whether a system is suitable, after a survey.
  • Roof measurements come from public map, imagery and height data, which can be out of date or wrong.
  • Sunny is not a substitute for professional advice, and we do not guarantee that any answer is complete or correct. You are responsible for the quotes and contracts you give your customers.

8. The email assistant

If you connect a mailbox, you allow Sunny to read incoming enquiries and to draft replies. Replies are drafts for you to approve, unless you turn on automatic sending, in which case you are responsible for the replies Sunny sends in your name. Replies say they were prepared with the help of an AI assistant. To prevent abuse, Sunny limits how many emails it handles and sends to any one sender each day. You can disconnect your mailbox at any time.

9. Voice and phone

  • At the start of each call, Sunny tells the caller that they are speaking to an AI assistant and that the call may be transcribed. You can change the wording, but it must still say both. Website visitors must agree before using the microphone.
  • Calls are transcribed but not recorded. Each call with Sunny lasts up to five minutes, after which the caller can be passed to your team.
  • Phone numbers and calls go through our telephony provider, Twilio. You must not use Sunny to make unsolicited marketing calls.

10. Acceptable use

You must not, and must not let anyone else:

  • use Sunny for anything unlawful, misleading or harmful;
  • give Sunny content you do not have the right to use, or that infringes anyone’s rights;
  • try to get into another installer’s data, break or get around Sunny’s security or limits, or overload the service;
  • copy, resell or reverse engineer Sunny, or use it to build a competing product;
  • tell people Sunny is a person, or use it to collect information it was not designed to collect, such as payment card or health details.

11. Your content and ours

Yours. Your content (your documents, products, prices, settings and your customers’ enquiries) stays yours. You give us permission to use it only to provide and support Sunny for you. We do not use it to train AI models, and we do not share it with other installers.

Ours. Sunny, including its software, its character and its design, belongs to us or our licensors. We give you a non-exclusive, non-transferable right to use it for your business while your subscription lasts. If you send us suggestions, we may use them without owing you anything.

12. Data protection and processing

When your customers talk to Sunny, you are the controller of their personal data and we are your processor. This section is the contract between us that Article 28 of the UK GDPR requires. Each of us will comply with data protection law.

What we process

  • Subject and purpose: providing Sunny to you: answering your customers, estimating systems, passing on enquiries, and the email and voice add-ons.
  • Duration: while this agreement lasts, and until the data is deleted as described below.
  • People: your customers and potential customers, and your staff.
  • Types of data: conversations, transcripts and emails; contact details; addresses and postcodes; information about the property, energy use, household and budget; phone numbers; and consent records. Sunny is not designed to collect special category data, and you must not ask it to.

What we promise

  • We only process the data on your documented instructions, which are these terms and how you set up Sunny, unless the law requires otherwise (in which case we will tell you, if the law allows).
  • Everyone who can access the data is bound to keep it confidential.
  • We keep it secure with appropriate technical and organisational measures, including encryption, separation between installers, access control and logging.
  • You authorise the sub-processors listed in our privacy policy. We will give you at least 30 days’ notice of a new sub-processor, so you can object; if we cannot address your objection, you can end the agreement. Each sub-processor is bound by data protection terms like these, and we remain responsible for them.
  • We only transfer data outside the UK with the safeguards UK law requires.
  • We will help you respond to your customers’ requests to use their rights, and with security, breach notification, data protection impact assessments and consulting the ICO, taking into account the information we have.
  • We will tell you without undue delay, and within 48 hours, after becoming aware of a personal data breach affecting your data, with the information you need to meet your own obligations.
  • Conversations and enquiries are deleted automatically after two years. When this agreement ends, you can export your enquiries until Sunny stops; we then delete your data within 90 days, unless the law requires us to keep it.
  • We will give you the information you reasonably need to show that these obligations are met, and allow for audits by you or an auditor you appoint, on reasonable notice and at most once a year, unless a regulator requires more.

What you promise

  • You have a lawful basis for the processing you ask us to do, and you give your customers the information the law requires.
  • Your instructions to us comply with data protection law.

For your own account details and those of your team, we are the controller, and our privacy policy applies.

13. Availability and support

We work to keep Sunny available and working well, but we cannot promise it will always be available or free of errors. We may need to pause it for maintenance, which we will try to do at quiet times and tell you about in advance where we can. We may improve or change features; we will not remove a main feature of your plan without telling you first. You can contact us for support at [Contact email address].

14. Suspension and ending the agreement

  • You can end the agreement by cancelling your subscription, as set out in section 5.
  • We can suspend Sunny, or end the agreement straight away, if you seriously or repeatedly break these terms, do not pay, or use Sunny in a way that puts other people or the service at risk. Where we reasonably can, we will warn you first and give you a chance to put it right.
  • We can end the agreement for any other reason by giving you at least 60 days’ notice, and refunding anything you have paid for after it ends.
  • When it ends, your right to use Sunny stops and we handle your data as set out in section 12. Sections that by their nature should continue, such as liability and data protection, continue.

15. Liability

  • Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow to be limited.
  • Neither of us is liable for loss of profits, revenue, business, goodwill or data, or for indirect or consequential loss.
  • Otherwise, each party’s total liability under or in connection with this agreement in any 12 months is limited to the fees you paid in the 12 months before the event that gave rise to the claim.
  • We are not responsible for what you tell your customers or agree with them, or for quotes, savings or measurements you rely on without confirming them.
  • Neither of us is responsible for delays or failures caused by events outside our reasonable control.

16. Changes to these terms

We may update these terms. We will give you at least 30 days’ notice of any change that is not in your favour, by email or in your dashboard. If you do not accept a change, you can cancel before it takes effect. Otherwise the new terms apply from that date.

17. General

  • These terms and our privacy policy are the whole agreement between us about Sunny.
  • You may not transfer this agreement without our agreement. We may transfer it to a company that takes over our business, and will tell you if we do.
  • If part of these terms cannot be enforced, the rest still applies. Not enforcing a term straight away does not mean giving it up.
  • Nobody else has rights under these terms.
  • The law of England and Wales governs these terms, and the courts of England and Wales decide any dispute about them.

Questions about these terms: [Contact email address], or [Registered company name], [Registered office address].