End User License Agreement

1. Definitions

"Licensor" means LarkTek, LLC, a Utah limited liability company, operating as Sunset.

"Licensee" means the individual or entity accessing or using the Software.

"Software" means the Sunset cemetery management software platform, including all associated applications, services, documentation, and updates.

"EULA" means this End User License Agreement.

"AI-Powered Features" means the AI-assisted capabilities within the Software that utilize third-party artificial intelligence services to generate or assist with content, including document drafting, reporting, summaries, and data insights, when made available.

2. Grant of License

Subject to the terms and conditions of this EULA, Licensor grants to Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software through Licensor's cloud-based platform solely for Licensee's internal business operations. This license is specifically granted for cemetery management operations and no other purposes.

The Software is provided as a cloud-based service and is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. Licensee does not receive any rights to download, install, or locally host the Software.

3. Permitted Uses

Licensee may access and use the cloud-based Software for the following purposes:

• Space, section, and inventory management
• Interment and decedent record keeping
• Lot ownership, deeds, and ownership transfers
• Sales, invoices, and payment plans
• Document generation and electronic signature
• Reporting and analytics
• Integration with Kindred Funeral Software, QuickBooks® Online, and other third-party services as permitted by Licensor
• Accessing the Software through web browsers and authorized applications
• Using AI-powered features for drafting documents and generating reports or summaries in compliance with this EULA and all applicable laws, when such features are available

4. Restrictions

Licensee shall not:

• Copy, modify, adapt, alter, translate, or create derivative works of the Software
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software
• Attempt to download, install, or locally host the Software
• Rent, lease, lend, sell, sublicense, or otherwise transfer access to the Software to any third party
• Remove, alter, or obscure any proprietary notices or labels on the Software
• Use the Software for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Software, cloud infrastructure, or related systems
• Use the Software to compete with Licensor or to develop competing products or services
• Interfere with or disrupt the cloud-based Software or its servers
• Use AI-powered features to create content that infringes upon the intellectual property rights of others
• Include sensitive PII, Social Security Numbers, credit card numbers, passwords, or other highly sensitive information in content submitted to AI-powered features

4.5. Third-Party Evaluation and Sandbox Accounts

Licensor may grant third-party companies, organizations, or individuals ("Evaluation Participants") access to evaluation, sandbox, trial, or demonstration accounts ("Evaluation Accounts") for the purpose of testing, evaluating, or demonstrating the Software's capabilities.

Confidentiality: By accessing or using an Evaluation Account, Evaluation Participants agree that all aspects of the Software constitute confidential and proprietary information of Licensor. Without the prior written consent of Licensor, Evaluation Participants shall not disclose Software features or functionality, create or distribute screenshots or reviews, discuss the Software with unauthorized parties, use evaluation knowledge to develop competing products, or reverse engineer the Software.

These confidentiality obligations survive the termination or expiration of the Evaluation Account and remain in effect indefinitely unless Licensor provides written release.

Permitted Use: Evaluation Accounts are provided solely for internal evaluation purposes. Evaluation Participants shall not use Evaluation Accounts for production operations, commercial purposes, or to process real customer data unless expressly authorized in writing by Licensor.

Indemnification: Evaluation Participants agree to defend, indemnify, and hold harmless LarkTek, LLC (doing business as Sunset), and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses arising from or relating to any breach of these confidentiality obligations, unauthorized disclosure, competitive misuse, unauthorized use beyond evaluation purposes, or damages to Licensor's business, reputation, competitive position, or intellectual property.

Injunctive Relief: Evaluation Participants acknowledge that any breach of the confidentiality obligations in this section may cause irreparable harm to Licensor for which monetary damages would be an inadequate remedy. Accordingly, Licensor shall be entitled to seek injunctive or other equitable relief to prevent or restrain any such breach, in addition to any other remedies available at law or in equity.

Termination of Evaluation Access: Licensor reserves the right to terminate any Evaluation Account at any time, for any reason, without prior notice. Upon termination, the Evaluation Participant shall immediately cease all access to and use of the Software, but all confidentiality and indemnification obligations shall survive.

5. Term and Termination

This EULA is effective upon your first access or use of the cloud-based Software and shall continue until terminated. Licensor may terminate this EULA at any time, with or without cause, by providing notice to Licensee. Upon termination, Licensee shall cease all access to and use of the Software.

Licensee may terminate this EULA at any time by ceasing to access the Software and notifying Licensor of such termination.

6. Data and Privacy

Licensee acknowledges that the Software may collect, process, and store data related to Licensee's use of the Software. Such data collection and processing is subject to Licensor's Privacy Policy, which is incorporated herein by reference.

Licensee is responsible for ensuring that all data entered into the Software complies with applicable privacy laws and regulations, including but not limited to state privacy laws and cemetery regulatory requirements.

7. Compliance with Regulations

As a cemetery management platform, Licensee must comply with all applicable federal, state, and local regulations governing cemetery operations, including but not limited to:

• Cemetery licensing and regulatory requirements
• Health and safety regulations
• Data protection and privacy laws
• Financial and billing regulations
• Professional standards and ethics
• Intellectual property and copyright laws

8. Intellectual Property

All rights, title, and interest in and to the Software, including all intellectual property rights, remain with Licensor. Licensee does not acquire any ownership rights in the Software.

AI-Generated Content: Subject to Licensee's compliance with this EULA and all applicable laws, Licensee owns designs and content generated using AI-powered features. However, Licensee's ownership is subject to compliance with all applicable copyright, trademark, and intellectual property laws, and Licensee's responsibility to ensure that generated content does not infringe upon the rights of others.

8.5. SMS and Text Message Communications

The Software may include functionality that enables Licensee to send SMS text messages to contacts and individuals. By using these SMS communication features when available, Licensee acknowledges and agrees that Licensee is solely responsible for obtaining prior express written consent, maintaining consent records, complying with the TCPA, CAN-SPAM Act, and all applicable laws, providing opt-out mechanisms, and verifying consent has not been revoked.

Regulatory Compliance: Licensee acknowledges that violations of SMS communication laws, including the TCPA, may result in significant liability, including statutory damages ranging from $500 to $1,500 per violation, potential class action lawsuits, and regulatory enforcement actions. Licensee assumes all risk and liability associated with their use of the SMS features.

Indemnification for SMS Communications: Licensee agrees to defend, indemnify, and hold harmless LarkTek, LLC (doing business as Sunset), and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, fines, penalties, and sanctions arising out of or relating to Licensee's use of SMS features, failure to obtain proper consent, or any violation of applicable SMS laws or regulations.

No Monitoring or Enforcement: Licensor provides the SMS functionality as a tool for Licensee's use but does not and cannot monitor, verify, or enforce Licensee's compliance. Under no circumstances shall LarkTek, LLC (Sunset) be liable for any violations, penalties, fines, damages, or other liabilities arising from Licensee's use of the SMS features.

8.6. AI-Powered Features and Artificial Intelligence Services

The Software may include AI-powered features that utilize third-party artificial intelligence models, including Google's Gemini AI models, to assist Licensee with tasks such as document drafting, reporting, summaries, and data insights.

License Grant for AI Features: Subject to the terms and conditions of this EULA, Licensor grants Licensee a limited, non-exclusive, non-transferable license to use AI-powered features solely in connection with Licensee's authorized use of the Software for cemetery management operations. This license is revocable and subject to compliance with all terms of this EULA.

Per-Usage Fees: When AI-powered features are available, they may be usage-based. Licensee is responsible for all fees incurred through use of AI-powered features, regardless of whether Licensee uses, modifies, or discards generated output. AI-powered feature usage fees are separate from Software subscription fees.

Legal and Ethical Use Requirements: Licensee agrees to use AI-powered features only in a lawful and ethical manner, to comply with all applicable intellectual property laws and third-party AI service provider terms, and not to generate unlawful or infringing content.

User Responsibility for Sensitive Information: While Licensor implements technical measures designed to prevent sensitive information from being shared with third-party AI service providers, Licensee is ultimately responsible for ensuring that sensitive PII is not included in prompts or inputs, and that living persons' personal information is not included without proper consent.

No Guarantee of Output Quality or Accuracy: Licensor does not guarantee the accuracy, quality, completeness, or suitability of any output generated by AI-powered features. Licensee is solely responsible for reviewing, editing, and approving all AI-generated output before using it for any purpose.

Indemnification for AI-Powered Features: Licensee agrees to defend, indemnify, and hold harmless LarkTek, LLC (doing business as Sunset), and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims arising from Licensee's use of AI-powered features, inclusion of sensitive information in AI inputs, infringement claims related to AI-generated content, violation of third-party AI terms, or errors in AI-generated output that Licensee uses or distributes.

Limitation of Liability: To the maximum extent permitted by law, Licensor shall not be liable for any damages arising from Licensee's use of AI-powered features, errors in AI-generated output, infringement claims, disclosure of sensitive information through AI features, or unavailability of third-party AI services.

9. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL MEET LICENSEE'S REQUIREMENTS. LICENSOR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY TO LICENSEE FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE (IF ANY).

11. Indemnification

Licensee agrees to defend, indemnify, and hold harmless Licensor (LarkTek, LLC) and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from Licensee's use of the Software or violation of this EULA.

12. Cloud Service Availability

As a cloud-based service, the Software is hosted on third-party cloud infrastructure and accessed over the internet. Licensor strives to maintain high service availability but cannot guarantee uninterrupted access. The Software may be temporarily unavailable due to scheduled maintenance, technical difficulties, third-party cloud provider outages, internet connectivity issues, force majeure events, security incidents, or third-party AI service provider outages.

Licensee acknowledges that internet connectivity is required to access the Software and that Licensor is not responsible for Licensee's internet connection, third-party cloud provider outages, or any issues arising therefrom.

13. Updates and Modifications

Licensor may provide updates, modifications, or new versions of the cloud-based Software from time to time. Such updates are deployed automatically to the cloud platform and may be subject to additional terms and conditions. Licensee's continued access to the Software after such updates constitutes acceptance of any new terms.

14. Governing Law

This EULA shall be governed by and construed in accordance with the laws of Utah, without regard to its conflict of law principles. Any disputes arising under this EULA shall be subject to the exclusive jurisdiction of the courts of Utah.

15. Dispute Resolution

Any disputes arising from this EULA or your use of the Software shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Utah, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You agree that any arbitration shall be limited to the dispute between you and Licensor individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

16. Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to the software licensing aspects hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to software licensing.

Note: This EULA works in conjunction with Sunset's Terms & Conditions, which govern the use of the service. Both documents apply to your use of Sunset's software platform.

17. Severability

If any provision of this EULA is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect.

18. Contact Information

Licensor: LarkTek, LLC (operating as Sunset)

Website: www.larktek.io

Support: Contact form