Terms of Service
1. Acceptance of Terms
By accessing or using the Sundays.co website, platform, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
These Terms constitute a legally binding agreement between you and Sundays.co, Inc., a Delaware corporation ("Sundays," "we," "us," or "our").
2. Platform Role & Disclaimer
Sundays is a technology marketplace platform that facilitates introductions and communications between buyers and sellers of businesses.
Sundays:
- Is not a broker, dealer, lender, or investment advisor
- Is not a party to any transaction between buyers and sellers
- Does not guarantee the accuracy of listings
- Does not provide legal, financial, or tax advice
All transactions occur directly between buyers and sellers, typically through a third-party escrow provider.
3. Eligibility
You must be at least 18 years old and legally capable of entering into contracts to use the Platform.
The Platform is currently available only to users located in the United States.
By using the Platform, you represent and warrant that you are located in the United States and eligible to use the Platform under applicable law.
4. User Accounts
You may be required to create an account to access certain features.
You agree to:
- Provide accurate and current information
- Maintain the confidentiality of your login credentials
- Be responsible for all activity under your account
Sundays reserves the right to suspend or terminate accounts that violate these Terms.
5. Buyer Obligations
Buyers acknowledge and agree that:
- All due diligence is the buyer's sole responsibility
- Listings are provided "as-is"
- Any Letters of Intent (LOIs), offers, or communications facilitated through the Platform are non-binding, unless otherwise agreed directly between buyer and seller
6. Seller Obligations
Sellers must enter into a separate Seller Agreement prior to listing a business. Sellers are responsible for the accuracy of all listing information and for compliance with all applicable laws.
7. Fees
Sundays charges sellers a success-based fee only upon successful transaction close, as defined in the Seller Agreement.
Success fees generally range from five percent (5%) to fifteen percent (15%) of transaction value, depending on the service tier selected by the seller, as further defined in the Seller Agreement.
No fees are charged to buyers at this time.
8. Prohibited Conduct
You agree not to:
- Circumvent the Platform to complete transactions off-platform
- Misrepresent information
- Violate applicable laws or regulations
- Interfere with the Platform's security or operations
Off-platform transactions resulting from introductions made through Sundays are strictly prohibited for a period of eighteen (18) months from the date of introduction.
Violation of this section may result in account termination, legal action, and liability for applicable success fees.
9. Right to Suspend or Remove Content
Sundays reserves the right, in its sole discretion, to:
- Remove or pause listings
- Suspend or terminate user accounts
- Investigate suspected fraud or misconduct
10. Third-Party Services
The Platform integrates with third-party services, which may include, but are not limited to:
- Escrow.com (transaction facilitation)
- Stripe and Stripe Identity (payments and identity verification)
- DocuSign (electronic document execution)
- Supabase (authentication and backend services)
- Resend (email communications)
- Google OAuth (authentication)
Sundays is not responsible for the actions, services, or failures of third-party providers.
11. Intellectual Property
All Platform content, trademarks, software, and proprietary materials are owned by or licensed to Sundays. You may not copy, distribute, modify, or reverse-engineer any portion of the Platform.
12. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." SUNDAYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
To the maximum extent permitted by law, Sundays shall not be liable for:
- Lost profits
- Business interruption
- Indirect, incidental, or consequential damages
Sundays' total aggregate liability shall not exceed the total fees actually paid by you to Sundays in the twelve (12) months preceding the event giving rise to the claim.
If no fees were paid, Sundays' liability shall not exceed $1,000 USD.
14. Indemnification
You agree to indemnify and hold harmless Sundays from any claims, damages, or expenses arising out of your use of the Platform or violation of these Terms.
15. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference.
16. Dispute Resolution
All disputes arising out of or relating to these Terms shall be resolved by binding arbitration in the State of Delaware, in accordance with the rules of the American Arbitration Association.
You waive the right to participate in class actions.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
18. Changes to Terms
Sundays may update these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms.
19. Contact
Legal inquiries: legal@sundays.co