01 Agreement to these terms
By visiting sunnydigitalcompany.com, contacting us, booking a consultation, or engaging our services, you agree to these Terms of Service. If you don't agree, please don't use the site.
If you're accepting these terms for a company, you confirm you have the authority to bind that company, and “you” means both you and the company.
02 Who we are
The Sunny Digital Company, LLC is a North Carolina limited liability company based in Charlotte, North Carolina. Throughout these terms, “Sunny Digital,” “we,” “us,” and “our” refer to that company.
03 What we offer
We build and support:
- Websites and web applications
- AI-powered process automation
- Software and API integrations
- Data analytics, dashboards, and business intelligence
- AI adoption strategy and team training
- Custom internal business tools
We may add, change, or discontinue any service at any time. The website itself is informational — visiting it does not create a client relationship, and nothing on it is an offer to enter a contract.
04 Client engagements
Which document controls
Paid work is governed by a signed proposal, statement of work, or service agreement. If anything in that signed document conflicts with these terms, the signed document wins for that engagement. These terms fill in the gaps and govern your use of this website.
Your signed agreement is where we set out the specifics, including:
- Scope of work and deliverables
- Timeline, milestones, and dependencies
- Fees, payment schedule, and late-payment terms
- Revision rounds and what counts as a change of scope
- Ownership and licensing of deliverables
- Support, maintenance, and hosting arrangements
- Confidentiality obligations
Unless your agreement says otherwise, invoices are due on receipt, work may be paused on overdue accounts, and out-of-scope requests are quoted separately before we start them.
05 Quotes & proposals
Pricing discussed in a call, an email, or on this site is an estimate, not a binding offer. A quote becomes binding only when it's in a written proposal both parties have signed.
Estimates are based on the information available at the time. If the requirements, integrations, or data turn out to be materially different from what was described, we'll tell you before doing the extra work and re-quote it. Unless stated otherwise, written quotes are valid for 30 days.
06 Consultations & booking
We offer a free 30-minute Revenue Leak Audit. It's a genuine working session, and there's no obligation on either side afterward — we're under no obligation to take the project, and you're under no obligation to hire us.
Bookings run through Calendly, which has its own terms and privacy policy. Please give us notice if you need to cancel or reschedule. We may decline or cancel a booking that appears to be spam, a sales pitch, or a competitive intelligence exercise.
Anything we share in a free consultation is general guidance based on a short conversation. It is not legal, financial, tax, or professional advice, and it isn't a substitute for a proper engagement or for advice from a licensed professional.
07 Calls, texts & email
When you give us your phone number or email address, you agree we may contact you about your inquiry, your booking, or your project. We don't send marketing texts to people who haven't asked for them.
- Calls to our published number may be answered or assisted by an automated voice assistant
- If a call is recorded or transcribed, you'll be told at the start and can decline
- Message and data rates may apply to texts; reply STOP to opt out or HELP for help
- You can unsubscribe from any non-essential email at any time
Service messages about an active project — invoices, schedule changes, security notices — aren't marketing, and we'll keep sending those for as long as the engagement is live.
08 Acceptable use
When using this site, you agree not to:
- Break any law or infringe anyone's rights
- Attempt to gain unauthorized access to the site, our servers, or connected systems
- Probe, scan, or test the vulnerability of any system without our written permission
- Scrape, crawl, or harvest content or contact information by automated means
- Introduce malware, or interfere with the site's normal operation
- Copy, reproduce, or republish site content without permission
- Impersonate anyone, or misrepresent your affiliation with a person or organization
- Use our contact channels to send spam or unsolicited commercial messages
We may block access to anyone who violates these rules, without notice.
09 Intellectual property
Our website
The design, code, copy, graphics, and logo on this site belong to The Sunny Digital Company, LLC and are protected by copyright and trademark law. You may view and print pages for your own reference. Anything beyond that — reproducing, modifying, or distributing our content — needs our written permission.
Your deliverables
Ownership of project deliverables is set out in your signed agreement. Our usual approach: on full payment, you own the custom work we built for you. Two things stay with us:
- Our pre-existing tools. Frameworks, libraries, templates, and internal components we bring to the project remain ours; you get a perpetual license to use them as part of your deliverable
- Third-party components. Open-source and licensed software stays under its own license terms
Portfolio rights
Unless your agreement says otherwise, we may describe the work and show non-confidential visuals in our portfolio, case studies, and marketing. We'll never publish confidential business data, and we'll honor a written request to keep an engagement private.
10 Your materials & access
When you provide content, data, or system access for a project, you confirm that:
- You own it or have the rights to use it and to let us use it for the project
- It doesn't infringe anyone's copyright, trademark, or other rights
- You have the authority to grant us access to the accounts and systems involved
- You've obtained any consents required to share personal information about your customers or staff
You grant us a limited license to use those materials for the duration of the project. We handle them per our Privacy Policy and any NDA between us, and we return or delete working copies at your request when the engagement ends.
Backups are your responsibility. Please keep independent backups of any live system we're asked to modify.
11 Third-party services
Our work frequently connects platforms we don't own — CRMs, email providers, payment processors, AI providers, and automation platforms such as n8n, Make, and Zapier. Each is governed by its own terms, pricing, and privacy policy, and you're responsible for maintaining your own accounts and subscriptions.
We're not liable for a third-party platform's outages, price changes, policy changes, API changes, data loss, or discontinuation. If a platform we integrated changes in a way that breaks your workflow, we'll tell you what's needed to adapt it and quote that work separately.
12 AI-assisted work
Many of our deliverables use AI models from providers such as OpenAI and Anthropic. You should know how these systems behave:
- AI output is probabilistic and can be wrong, incomplete, or inconsistent between runs
- We design workflows with human review at the points where accuracy matters
- Accuracy rates measured during testing are not guarantees of future performance
- AI-generated content may not be copyrightable in every jurisdiction
- Model providers change their models, pricing, and policies on their own schedule
You remain responsible for decisions made using AI-assisted systems we build. Where output affects legal, financial, medical, or regulatory outcomes, a qualified person must review it before it's relied upon.
13 Results & testimonials
Statistics, case study figures, and client testimonials on this site describe outcomes for specific clients under specific conditions. They are examples, not promises. Your results depend on your market, your team, your data, your budget, and factors outside anyone's control.
We don't guarantee any particular revenue increase, time savings, efficiency gain, search ranking, conversion rate, or business outcome. What we commit to is delivering the scope in your signed agreement, competently and on the agreed timeline.
14 Disclaimer of warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We don't warrant that the site will be uninterrupted, error-free, or secure, or that its content is accurate, complete, or current. Warranties for paid client work, if any, are those stated in your signed agreement.
15 Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUNNY DIGITAL COMPANY, LLC AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE OR OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THIS WEBSITE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). FOR PAID ENGAGEMENTS, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE IT AROSE, UNLESS YOUR SIGNED AGREEMENT SETS A DIFFERENT LIMIT.
Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability for fraud, willful misconduct, or anything that can't be limited by law.
16 Indemnification
You agree to defend, indemnify, and hold harmless The Sunny Digital Company, LLC and its owners, employees, and contractors from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your use of the website, your violation of these terms, your violation of any law or third-party right, or any content or materials you provided to us.
17 Termination
We may suspend or terminate your access to this website at any time, for any reason, without notice. Termination of a paid engagement is governed by your signed agreement.
Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — remain in effect after termination.
18 Disputes & governing law
Talk to us first
Before starting any formal proceeding, please email us a written description of the problem and what you'd like done about it. Most issues get resolved this way. Both parties agree to try in good faith to resolve the dispute informally for 30 days after that notice.
Governing law
These terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules.
Venue
Any dispute that isn't resolved informally will be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and both parties consent to the jurisdiction of those courts.
No class actions
Disputes must be brought individually. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
Time limit
Any claim relating to this website or these terms must be filed within one year after it arises, or it is permanently barred.
19 General terms
- Entire agreement. These terms, our Privacy Policy, and any signed agreement between us are the complete agreement on their subject matter
- Severability. If a provision is found unenforceable, the rest stays in force and the unenforceable part is narrowed to the minimum extent necessary
- No waiver. Not enforcing a provision once doesn't waive our right to enforce it later
- Assignment. You may not assign these terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of the business
- Independent contractor. Nothing here creates a partnership, joint venture, agency, or employment relationship
- Force majeure. Neither party is liable for delays caused by events outside its reasonable control
- Headings. Section titles are for convenience and don't affect interpretation
20 Changes to these terms
We may update these terms as our services and legal obligations evolve. The “Last updated” date at the top reflects the current version, and changes take effect when posted. If a change is material, we'll make it prominent on this page. Continuing to use the site afterward means you accept the revised terms.
Changes to these terms don't alter a signed agreement already in effect — those are amended in writing by both parties.
21 Contact us
Questions about these terms? Get in touch and we'll walk you through them.