Terms & Conditions

Welcome to Solsun South LLC, d/b/a Eye in the Sky Digital. These Terms of Use ("Terms") are a binding agreement between you ("you," "User") and Solsun South LLC, d/b/a Eye in the Sky Digital, a Utah company ("Eye in the Sky Digital," "we," "us"), governing your access to and use of our website eyeintheskydigital.com, accounts, dashboards, and related services (the "Services"). They work alongside our Privacy Policy and our Lead & Call Purchase Terms and Conditions (which govern the calls and leads you buy). Where they conflict on a purchase matter, the Lead & Call Purchase Terms control.

1. Acceptance and Eligibility

By accessing or using the Services, creating an account, or making a purchase, you agree to these Terms. If you do not agree, do not use the Services. You represent that you are at least 18 years old, are located in and using the Services from the United States, are not a competitor of Eye in the Sky Digital, and (if acting for a business) are authorized to bind that business. We may modify these Terms as described in Section 15; continued use means you accept the changes.

2. Accounts and Security

You are responsible for the accuracy of your account information, for keeping your login credentials confidential, and for all activity under your account. Notify us immediately of any unauthorized use. We may refuse, suspend, or terminate accounts, and reclaim usernames, at our discretion, including where we suspect fraud, non-payment, or a violation of these Terms.

3. Acceptable Use

You agree not to, and not to permit others to: (a) use the Services for any unlawful, deceptive, or unauthorized purpose; (b) scrape, harvest, crawl, or use bots to extract data from the Services; (c) reverse engineer, decompile, or attempt to derive source code; (d) copy, resell, sublicense, or redistribute the Services or any calls, leads, or data except as expressly permitted; (e) impersonate any person or misrepresent your affiliation; (f) transmit malware or interfere with the operation or security of the Services; or (g) use the Services in violation of the TCPA, Do-Not-Call, telemarketing, licensing, or privacy laws. The Services are offered only to Users in the United States.

4. Purchases, Pricing, and Billing

Orders, pricing, prepaid balances, billing cycles, and payment authorization are governed by the Lead & Call Purchase Terms and Conditions, which are incorporated by reference. Prices are shown at the time of purchase and are exclusive of taxes. Payments may be processed by third-party payment processors, and your use of those services is subject to their terms. If your account includes a recurring subscription or membership, it will auto-renew for successive periods at the then-current rate until cancelled as described in your account or the applicable Order; you may cancel prospectively, and cancellation stops future renewals but does not refund amounts already charged except as expressly provided.

5. Chargebacks and Payment Disputes

You agree to raise any billing or quality concern with us first and to follow the dispute process in the Lead & Call Purchase Terms before contacting your bank or card issuer. You agree not to initiate a chargeback or payment dispute for a charge that is valid under these Terms. If you file a chargeback or payment dispute without first providing written notice to support@eyeintheskydigital.com and allowing 7 business days to resolve it, you agree to pay a chargeback administration fee of $500 per disputed transaction, in addition to the disputed amount, interest, and our costs of collection (including reasonable attorneys' fees). This Section works together with, and does not limit, the No-Chargeback Covenant in the Lead & Call Purchase Terms.

6. Intellectual Property

The Services, including all software, text, graphics, logos, designs, and content we provide (excluding calls and lead data licensed under the Purchase Terms), are owned by Eye in the Sky Digital or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only. All rights not expressly granted are reserved.

7. User Content

If you submit content to the Services (for example, feedback, reviews, or materials), you retain ownership but grant Eye in the Sky Digital a worldwide, royalty-free, sublicensable, irrevocable license to use, reproduce, modify, and display that content in connection with operating and promoting the Services. You represent that you have the rights to the content you submit and that it does not violate law or these Terms, and it must not be illegal, false, infringing, or discriminatory.

8. Third-Party Services and Links

The Services may integrate with or link to third-party sites and services we do not control. We are not responsible for third-party content, products, or practices, and your dealings with third parties are solely between you and them.

9. No Guarantee of Results; Assumption of Risk

You acknowledge that the Services provide access to marketing tools, calls, and leads, not guaranteed sales, appointments, applications, issued policies, annualized premium (AP), close rates, or return. Any figures, examples, dashboards, or illustrations we show (including illustrative AP counters or close-rate ranges) are hypothetical and not a promise of results. Live Calls from television advertising are targeted by the caller's telephone area code, which does not guarantee the caller's actual state or location, and Data Leads are sold as-is and all sales final; see the Lead & Call Purchase Terms for full details. You are responsible for your own business decisions, your compliance, and your reliance on any information.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information, including consent to contact, sharing of lead data with marketing partners, and your privacy rights.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EYE IN THE SKY DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 30 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You will defend, indemnify, and hold harmless Eye in the Sky Digital and its owners, officers, employees, and affiliates from any claim, loss, liability, penalty, fine, or expense (including reasonable attorneys' fees) arising from your use of the Services, your violation of law (including the TCPA, DNC, telemarketing, licensing, recording, or privacy laws), your breach of these Terms, or your communications with any consumer.

14. Term and Termination

These Terms apply while you use the Services. We may suspend or terminate your access at any time, with or without notice, for non-payment, a chargeback, suspected fraud, or breach of these Terms. Upon termination, your license to use the Services ends. Sections 5 through 6 and 9 through 17 survive termination.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new Effective Date and, where appropriate, provide notice. Changes required for legal or administrative reasons may take effect immediately. Your continued use after changes take effect constitutes acceptance. Only Eye in the Sky Digital may create, modify, or amend these Terms and any related campaign language or scripts; no oral statement or User communication changes them, and any conflicting or additional terms a User proposes have no effect unless accepted in a writing we issue.

16. Dispute Resolution; Governing Law

16.1 Governing law. These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules.

16.2 Pre-suit notice. Before starting any legal action, you must send written notice of the dispute to support@eyeintheskydigital.com and allow at least 7 business days for us to attempt resolution.

16.3 Forum. Any unresolved dispute will be resolved exclusively by the state and federal courts located in Salt Lake County, Utah, to whose jurisdiction and venue the parties consent.

16.4 Class-action waiver. To the extent permitted by law, disputes will be brought only in an individual capacity and not as part of any class, collective, or representative action.

16.5 Time limit. Any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.

16.6 Prevailing party. The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorneys' fees and costs.

17. Miscellaneous

17.1 Entire agreement. These Terms, the Privacy Policy, and the Lead & Call Purchase Terms are the entire agreement between the parties regarding the Services and supersede prior discussions.

17.2 No waiver. Our failure to enforce any provision is not a waiver.

17.3 Severability. If any provision is unenforceable, the remainder stays in effect.

17.4 Assignment. You may not assign these Terms without our written consent; we may assign freely.

17.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

17.6 Export and compliance. You will comply with all applicable export, sanctions, and trade-control laws in your use of the Services.

18. Contact Us

Solsun South LLC, d/b/a Eye in the Sky Digital

Email: support@eyeintheskydigital.com

Website: eyeintheskydigital.com