Terms of Service

These Terms of Service (“Terms”) with daydream Labs, Inc. (dba Sunbeam) (“Sunbeam,” “we,” or “us”) govern your access to and use of Sunbeam’s search engine optimization (“SEO”) software, platform, APIs, Documentation, related tools and software, and website at www.sunbeam.ai (collectively, the “Service”). By using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity. Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

1. Access and Use

1.1. Provision of Access. Subject to your compliance with these Terms, Sunbeam grants you a limited right to access and use the Service.

1.2. Content. You may provide inputs to the Service (“Inputs”) and receive outputs, or other functions based on the Inputs provided by you (collectively, “Outputs”) (Inputs and Outputs are collectively “Content”). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under these Terms and to provide the Service to you.

1.3. Model Training. SUNBEAM WILL NOT USE CONTENT TO TRAIN, OR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS.

1.4. Limitations for Outputs. You acknowledge that Outputs are generated automatically by artificial intelligence and machine learning (“AI”) technology and may be similar to or the same as Outputs provided to other customers, and no rights to any Outputs generated, provided, or returned by the Service for or to other customers are granted to you under these Terms. Further, you acknowledge that there are numerous limitations that apply with respect to Outputs provided by large language and other AI models (each an “AI Model”), including that (i) Outputs may contain errors or misleading information, (ii) AI Models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, (iii) AI Models can struggle with complex tasks that require reasoning, judgment and decision-making, and (v) data used to train AI models may be of poor quality or biased. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Outputs, including any reliance on the accuracy, completeness, or usefulness of Outputs.

1.5. Use Restrictions.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code, skills, tool calls, and system architecture, or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, or sell the Service; (iv) remove any proprietary notices from the Service; (v) use the Service or any Outputs to develop or train a model that is competitive with the Service, or engage in model extraction or theft attacks; (vi) probe, scan or attempt to penetrate the Service; (vii) benchmark or provide to any third party the results of any benchmark tests of the Service; (viii) harvest, scrape, or extract data from the Service; (ix) use the Service in any manner that infringes, misappropriates, or otherwise violates any third party’s intellectual or other rights, or that violates any applicable laws or regulations; (x) send or otherwise provide to Sunbeam data or information that is subject to specific protections under applicable laws (beyond any requirements that apply to “personal information” or “personal data” generally), such as for illustrative purposes, information that is regulated by the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standard, the Gramm-Leach-Bliley Act, and other U.S. federal, state or foreign laws applying specific security standards; or (xi) knowingly permit any third party to do any of the foregoing. You will promptly notify Sunbeam of any unauthorized use that comes to your attention and provide reasonable cooperation to prevent and terminate such use to the extent it is within your control.

1.6. Beta Services. From time to time, Sunbeam may make one or more features of the Service available to you as a pre-commercial service offering (“Beta Service”). Beta Services shall be clearly designated as beta, pilot, limited release, non-production, early access, evaluation or a similar description. You may choose to use or not use such Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms that may be presented to you. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, or storage of any kind. Sunbeam may discontinue Beta Services at any time in its sole discretion and may never make them generally available. SUNBEAM SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.

1.7. Auto-Outputs.

The Service may include functionality that automatically executes AI-generated outputs without manual review or confirmation (“Auto-Outputs”). Customer is solely responsible for: (i) evaluating whether the Auto-Outputs should be accepted; (ii) whether such Auto-Outputs are appropriate for Customer’s use case, regulatory environment, and risk tolerance; (iii) implementing and maintaining adequate safeguards, human oversight protocols, pre-deployment testing, and ongoing monitoring; (iv) ensuring all automatically executed outputs comply with applicable laws and regulations, including data privacy, employment, financial, and industry-specific requirements; and (v) any actions taken, omitted, or outcomes resulting from automatically executed outputs, including any downstream business, legal, or financial impact. By affirmatively enabling this feature, Customer acknowledges and agrees that: (i) AI-generated outputs are probabilistic outputs and may be incomplete, inaccurate, or non-compliant with applicable laws, regulations, or Customer’s internal policies; (ii) automatic execution without human review introduces inherent operational and legal risks; and (iii) Customer assumes all risks arising from the enablement, configuration, and use of this feature.

(d) No Auto-Output Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNBEAM SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR REGULATORY ACTION ARISING OUT OF OR RELATED TO CUSTOMER’S USE OF THE AUTO-OUTPUT FEATURE, INCLUDING WITHOUT LIMITATION ANY HARM RESULTING FROM INACCURATE, INCOMPLETE, OR NON-COMPLIANT OUTPUTS THAT ARE AUTOMATICALLY EXECUTED. THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT SUNBEAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) No Warranty. Sunbeam makes no representation or warranty, express or implied, that automatically generated output will be accurate, complete, fit for any particular purpose, or compliant with any applicable law or regulation.

2. Eligibility. You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws in your region.

3. Account Registration and Access. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at hello@sunbeam.ai.

4. Payment Terms

4.1. Paid Services. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

4.2. Pricing.Sunbeam reserves the right to determine pricing for the Service. Sunbeam will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Sunbeam may change the fees for any feature of the Service, including additional fees or charges, if Sunbeam gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Sunbeam’s net income. Sunbeam, at its sole discretion, may make promotional offers with different features and different pricing to any of Sunbeam’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3. Payment Processing. To facilitate payment for the Service via bank account, credit card, or debit card, we may use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Sunbeam assumes no liability or responsibility for any payments you make through the Service.

4.4. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Sunbeam or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Information on the recurring fee charged by Sunbeam for access to the Subscription Service during each Subscription Period (“Subscription Fee”), may be available on our site, described in our Service, or otherwise communicated by us to you in writing. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Sunbeam or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu (if applicable) or by contacting us at hello@sunbeam.ai. YOUR CANCELLATION MUST BE RECEIVED 24 HOURS BEFORE IT RENEWS IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

4.5. Add-On and Usage-Based Features. You may purchase additional products, services or features that are not individually essential for the functioning of the Service, but that Sunbeam makes available to its users for enhanced capabilities on a supplemental basis, including usage-based pricing features that are described in the Service (“Add-Ons”). Add-Ons are deemed part of the Service and governed by these Terms.

4.6. Delinquent Accounts. Sunbeam may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Sunbeam reserves the right to delete your account and any information associated with your account.

5. Ownership and Licenses

5.1. Service. Sunbeam and its licensors shall own and retain all right, title and interest in and to the Service, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms and Sunbeam reserves all rights to the Service not granted in these Terms.

5.2. Feedback. We appreciate thoughts and comments from our users. If you choose to provide input and output regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant Sunbeam the right in perpetuity to exploit the Feedback without restriction or compensation to you.

5.3. Content. You retain all of your right, title, and interest that you have in Inputs. Sunbeam retains all right, title, and interest in and to any other content or information including deidentified and aggregated information.

5.4. Usage Data.Sunbeam may collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security and analytics, to enhance the Service, and for other development and corrective purposes including sharing with third parties. “Usage Data” means technical logs, data, and learnings about Customer’s use of and interactions with the Service, but excludes Content.

6. Third-Party Services. The Service may include or incorporate optional third-party services, including without limitation extensions and plug-ins that we may install and/or that you may install yourself (“Third-Party Services”). Sunbeam will clearly indicate such content or features as Third-Party Services via prominent notices or descriptions in the Service. If you elect, in your sole discretion, to access or use a Third-Party Service, your access and use of the Third-Party Service is subject to the terms provided by that Third-Party Service, and you remain responsible for complying with those terms. Sunbeam does not make any representations or warranties with respect to Third-Party Services.

7. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by using any unsubscribe or similar functionality or instructions in the promotional email.

8. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms on this page. All modifications will be effective when they are posted, and your continued accessing or use of the Service will serve as confirmation of your acceptance of those modifications. If you do not agree to the modified Terms, then you must discontinue your use of the Service.

9. Termination. You may stop accessing the Services at any time. We reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations, such as preventing abuse or addressing security issues or responding to legal requirements, where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them. If you have a Subscription Service, we may terminate the Subscription Service at any time for any other reason. If we exercise this right, we will refund you on a pro rata basis the fees you paid for the remaining portion of your Subscription Service after termination, provided that if we terminate your access to the Service due to a violation of these Terms, you will not be entitled to any refund. We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. Upon termination of these Terms, a Subscription Service, or your access to the Service, we may at our option delete any Content or other data associated with your account. Sections 1.5, 4 (with respect to fees outstanding as of such expiration or termination), 5, and 13-17 will survive any expiration or termination of our Terms or a Subscription Service. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting hello@sunbeam.ai.

10. Modification of the Service. Sunbeam may modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Sunbeam will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Content as needed so that you have access in the event the Service is modified and you lose access to such Content.

11. Copyright complaints. If you believe that your intellectual property rights have been infringed, please send notice to legal@sunbeam.ai. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the allegedly infringing material is located in the Service so we can find it.
• Your mailing address, telephone number, and e-mail address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

12. Privacy. Please read the Sunbeam Privacy Policy (“Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal data.

13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Sunbeam, its affiliates and each of their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Sunbeam Entities”) from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees), and other losses arising out of or relating to: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; and (3) any claim that your Input violates any third-party intellectual property, publicity, confidentiality, privacy, or other rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. DISCLAIMER OF WARRANTIES.THE SERVICE AND OUTPUTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SUNBEAM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND OUTPUTS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SUNBEAM DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SUNBEAM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON ANY OUTPUTS AS A SOURCE OF TRUTH. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY

15.1. NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SUNBEAM ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUNBEAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2. LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SUNBEAM ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AND CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SUNBEAM FOR ACCESS TO AND USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR, IF GREATER, (B) $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

16.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.”You agree that any and all disputes or claims (other than disputes or claims of infringement of either Sunbeam’s or your intellectual property) that have arisen or may arise between you and Sunbeam, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Sunbeam are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect, by sending an email to legal@sunbeam.ai from the email address used to create your account, and providing your first and last name and a clear statement of intent that you intend to exercise your right to opt out of mandatory arbitration.

16.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SUNBEAM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUNBEAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

16.3. Pre-Arbitration Dispute Resolution.Sunbeam is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing legal@sunbeam.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) to daydream Labs, Inc (dba Sunbeam) 2261 Market Street, Suite 10436, San Francisco, CA 94114, with an electronic copy additionally sent to legal@sunbeam.ai. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sunbeam and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sunbeam may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sunbeam or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sunbeam is entitled.

16.4. Arbitration Procedures.Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Sunbeam and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Sunbeam agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

16.5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Sunbeam or you under the AAA Rules, Sunbeam and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Sunbeam will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sunbeam will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

16.6. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

16.7. Severability.If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

16.8. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Sunbeam agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Sunbeam written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

17. Miscellaneous

17.1. General. These Terms, including the Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Sunbeam regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2. Governing Law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the Dispute Resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.

17.3. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.4. Contact Information. You may contact us by sending correspondence to daydream Labs, Inc. (dba Sunbeam), 2261 Market Street, Suite 10436, San Francisco, CA 94114, or by emailing us at hello@sunbeam.ai.

17.5. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

17.6. Export and Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. The Service may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Service may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.