Last Updated: February 17, 2026

These Terms of Use (“Terms”) are a legally binding agreement between you (“Customer” or “you”) and Sunny LLC (“Sunny,” “we,” or “us”), governing your access to and use of the Sunny Workplace Platform, including its content, features, assessments, toolkits, manager guides, and third-party integrations such as Slack and Microsoft Teams (“Platform”).

By creating an account, clicking “I Agree,” purchasing a subscription, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Sunny is a single-member limited liability company wholly owned by the Barnes Family Foundation (the “Foundation”), a Pennsylvania nonprofit corporation exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. All services and products provided by Sunny to you are in furtherance of Sunny’s and the Foundation’s charitable and educational purposes.

1. Eligibility, Accounts, and Access

1.1. Eligibility

The Platform is intended for individuals, small teams of 25 users or fewer, and enterprise users.

1.2. Account Creation

You must provide accurate information when creating your account and keep your email address current.

1.3. Subscription Grant

Sunny grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable subscription to access and use the Platform solely for your internal business purposes and solely during your active paid subscription term.

1.4. User Limits

Each user must have a unique login.
Account sharing is strictly prohibited.

1.5. Competitors

You may not access the Platform if you are
• a competitor of Sunny,
• developing, selling, marketing, or testing a product or service that competes with Sunny,
• accessing the Platform for benchmarking, training, evaluation, or reverse-engineering purposes.

Sunny may, in its sole discretion, suspend or terminate your subscription without refund if it reasonably determines that you are a competitor or are using the Platform in violation of this section.

2. Platform Content, IP Rights, and Usage Restrictions

2.1. Platform Content

The Platform includes Sunny intellectual property such as
• Manager Connect guides
• assessments
• surveys
• toolkits
• recommendations
• activities
• insights
• facilitation materials
• templates
(collectively, “Sunny Content”).

2.2. Ownership

Sunny retains all rights, title, and interest in and to the Platform and Sunny Content. No rights are granted except those explicitly provided in these Terms.

2.3. Permitted Use

You may access and use Sunny Content solely through the Platform or authorized integrations (e.g., Slack, Teams) for internal purposes.

2.4. Prohibited Actions

You may not, under any circumstances:

• copy, recreate, modify, adapt, translate, or make derivative works of Sunny Content
• download, scrape, or extract content except where explicitly enabled
• distribute, resell, publish, or share Sunny Content outside your organization
• use Sunny Content to train or develop competing tools, curricula, diagnostics, or AI models
• host workshops, trainings, or external engagements using Sunny Content
• rebrand, white-label, or represent Sunny Content as your own

These restrictions extend to all content, formats, text, images, assessments, frameworks, and methodologies included in the Platform.

2.5. No Derivative or Recreated Content

You acknowledge and agree that nothing in the Platform may be recreated, modified, repurposed, reverse-engineered, copied, or transformed for any purpose outside your internal use.

3. Third-Party Integrations (Slack, Microsoft Teams, and Others)

3.1. Use of Integrations

The Platform may include integrations with third-party applications such as, but not limited to, Slack and Microsoft Teams.

3.2. Terms of Third Parties

Your use of these integrations requires compliance with the applicable third-party terms and policies.

3.3. Data Handling

Sunny is not responsible for data once it leaves the Sunny Platform and enters a third-party system.

3.4. Availability

Integrations may be modified, suspended, or discontinued at any time. Sunny does not guarantee uninterrupted access to any integration.

4. Acceptable Use

You agree not to use the Platform to:

• violate any law or regulation
• upload harmful, abusive, harassing, defamatory, or obscene content
• transmit malware or malicious code
• impersonate any person or entity
• send mass unsolicited communications
• interfere with or disrupt Platform operations
• infringe IP, privacy, or other rights of any person

Sunny may suspend or terminate your access if Sunny determines, in its sole discretion, that you have violated any of the above.

5. Data Rights, Privacy, and Security

5.1. Data Rights and Security

5.1.1. You agree that Sunny may collect and use technical data and related information, including, but not limited to, technical information about your devices, apps, applications, servers, technologies, system and application software, and peripherals that Sunny periodically gathers, only to facilitate the provision of the Platform and its underlying updates, product support, and other services to you. You agree, to and hereby grant to Sunny, a non-exclusive, worldwide, royalty-free, fully paid-up, sub-licensable license to use, reproduce, copy, modify, make derivative works of, distribute, publicly display, and otherwise exploit this information, as long as it is in a form that does not personally identify you and only for the purposes of (1) providing the access to the Platform and Sunny Content to you; and (2) developing, enhancing and supporting the Platform, Sunny Content, and its technologies.

5.1.2. Excluding any data provided by Sunny, you will retain all rights to all data, reports, information, or other materials created, uploaded, or entered on or through the Platform by you (“User Data”). By submitting, posting or displaying User Data on or through the Platform, you grant Sunny a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such User Data on the Platform and throughout Sunny Content as long as it is in a form that does not personally identify you or any application only for the purpose of providing the services described herein, including access to the Platform and Sunny Content, to you. Sunny may use aggregated and anonymized User Data, in a form that does not identify you, for analytics, services improvement, and benchmarking, provided that such use complies with applicable privacy laws. You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any User Data so submitted.

5.2. U.S. Data Privacy Laws and International Compliance

5.2.1. Sunny complies with applicable U.S. data privacy laws, including the California Consumer Privacy Act (“CCPA”), where required. 

5.2.2. Sunny’s Platform is currently available only for user based in the United States, and Sunny does not currently process data in a manner that subjects it to the General Data Protection Regulations (“GDPR”).  Should Sunny’s operations become subject to the GDPR, Sunny will enter into a mutually agreeable Data Processing Addendum (“DPA”) to address specific obligations under global privacy regulations, including: (i) the roles of the parties; (ii) mechanisms for cross-border data transfers; (iii) rights of data subjections; and (iv) applicable security and breach response obligations. 

5.3. Privacy Policy

All data is handled in accordance with the Sunny Privacy Policy.

6. Disclaimers

THE PLATFORM AND ALL SUNNY CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND.  SUNNY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SUNNY DOES NOT GUARANTEE ACCURACY OF CONTENT, RESULTS FROM USING THE PLATFORM, OR AVAILABILITY OF THIRD-PARTY INTEGRATIONS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SUNNY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
• SUNNY’S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID IN THE PREVIOUS 12 MONTHS.
• FOR FREE TRIAL USERS, SUNNY’S TOTAL LIABILITY WILL NOT EXCEED $50 USD.

These limitations apply regardless of theory of liability.

8. Termination

8.1. By Customer

You may cancel at any time via your account settings.

8.2. By Sunny

Sunny may suspend or terminate your access immediately if Sunny determines, in its sole discretion:
• you violate these Terms;
• you misuse Sunny Content;
• you are determined to be a competitor;
• payment fails or is reversed;
• your actions create risk or liability for Sunny; or

• the underlying Teams Subscription or Enterprise Subscription Agreement is terminated.

9. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

10. Changes to the Terms

Sunny may update these Terms from time to time.
Continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

11. Assignment

You may not assign or transfer your rights under these Terms.
Sunny may assign these Terms in connection with a merger, acquisition, or sale of assets.

12. Notices

Sunny may send notices via email or through the Platform.
You are responsible for keeping your email address current.

13. Contact

For questions, contact support@gosunny.org.