Terms & Conditions

Last updated: July 8, 2026

1. Acceptance of Terms

Sunset is owned and operated by LarkTek, LLC. By accessing and using Sunset's cemetery management software platform (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Sunset provides a comprehensive cemetery management software platform designed to help cemeteries manage their operations, including but not limited to:

  • 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 and QuickBooks® Online
  • AI-powered features, including document drafting, reporting, summaries, and data insights, when made available in the Service

3. User Accounts and Registration

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Transmit any harmful, threatening, or offensive content
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service or servers
  • Use automated systems to access the Service without permission

5. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. As a cemetery management platform, we handle sensitive personal information and are committed to maintaining the highest standards of data protection.

Security Disclaimer: While we implement comprehensive security measures to protect your data, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your information, and you acknowledge and agree that you use our Service and transmit information to us at your own risk.

6. Customers of Businesses Using Sunset

If you are a customer, family member, lot owner, or end user interacting with a cemetery or other business that uses Sunset—for example, by submitting forms, making payments, viewing memorial information, or receiving documents—that business may have its own privacy policy and terms and conditions governing your relationship and the data they collect from you.

You should discuss with that cemetery or business their respective privacy policy and terms and conditions regarding the data that account collects from you. Sunset provides the software platform to that business; the business is responsible for its own data practices and legal agreements with you.

7. Biometric Data Collection and Storage

The Service may facilitate the collection, storage, and processing of biometric data, which includes highly sensitive information such as:

  • Fingerprints
  • Photographs of the deceased
  • DNA samples and related genetic information
  • Other biometric identifiers as may be collected in the course of cemetery or memorial services

End User Responsibility: You, as the cemetery or end user of the Service, are solely responsible for:

  • Obtaining proper written consent and authorization from the legal next of kin or authorized family representative before collecting, storing, or processing any biometric data through the Service
  • Ensuring that all required consents and authorizations comply with applicable federal, state, and local laws governing biometric data collection and privacy
  • Maintaining records of such consents and authorizations as required by law
  • Informing the legal next of kin or family representative that biometric data will be stored in Sunset's systems

Security and Storage: While Sunset implements encryption and other security measures to protect biometric data stored in our systems, you acknowledge and agree that:

  • No method of data transmission or electronic storage is 100% secure
  • Sunset cannot guarantee absolute security of biometric data
  • You use the Service to store biometric data at your own risk
  • Sunset shall not be liable for any unauthorized access, disclosure, or breach of biometric data that may occur despite our security measures

Compliance: You agree to comply with all applicable local, regional, and federal biometric data protection laws governing the collection, storage, and use of biometric information.

By using the Service to collect, store, or process biometric data, you represent and warrant that you have obtained all necessary consents and authorizations and that you will indemnify and hold harmless Sunset from any claims, damages, or liabilities arising from your collection, storage, or use of biometric data through the Service.

8. SMS and Text Message Communications

The Service may include features that enable you to send SMS text messages to contacts, lot owners, and families. By using these SMS communication features when available, you acknowledge and agree to the following terms:

User Responsibility and Consent Requirements: You, as the account holder and user of the Service, are solely and exclusively responsible for:

  • Obtaining prior express written consent from each individual recipient before sending any SMS text messages through the Service
  • Maintaining accurate records and documentation of all consents obtained, including the date, time, and method of consent
  • Ensuring all SMS communications comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws and regulations governing SMS communications
  • Providing clear and conspicuous disclosures to recipients about the nature and frequency of text messages they may receive
  • Honoring all opt-out requests promptly and maintaining do-not-contact lists
  • Ensuring that all message content complies with applicable laws and regulations
  • Verifying that recipients have not revoked their consent before sending messages

Compliance with Regulations: You acknowledge that sending unsolicited SMS text messages may result in significant legal liability, including but not limited to statutory damages of $500 to $1,500 per violation under the TCPA, as well as potential class action lawsuits. You are solely responsible for understanding and complying with all applicable regulations governing SMS communications in your jurisdiction.

Indemnification: You agree 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, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including but not limited to attorney's fees, court costs, settlement amounts, and regulatory penalties) arising from or relating to:

  • Your use of the SMS communication features of the Service
  • Your failure to obtain proper consent from message recipients
  • Any violation of the TCPA, CAN-SPAM Act, or any other applicable law or regulation governing SMS communications
  • Any claims, complaints, or legal actions brought by message recipients or regulatory authorities regarding SMS messages sent through the Service
  • Any government investigations, enforcement actions, or penalties related to your SMS communications

Limitation of Liability: LarkTek, LLC (Sunset) provides the SMS functionality as a tool for your use, but does not and cannot monitor, verify, or enforce your compliance with consent requirements or applicable regulations. Under no circumstances shall LarkTek, LLC (Sunset) be liable for any violations, penalties, fines, damages, or other liabilities arising from your use of the SMS features, regardless of whether you obtained proper consent from recipients. You acknowledge and agree that you bear all risk and liability associated with sending SMS messages through the Service.

No Guarantee of Delivery: While we make reasonable efforts to ensure SMS messages are delivered, we do not guarantee delivery, timing, or receipt of any SMS messages. Factors beyond our control, including recipient carrier issues, phone availability, and network conditions, may affect message delivery.

By using the SMS features of the Service, you represent and warrant that you understand these requirements and will comply with all applicable laws and regulations governing SMS communications.

9. Third-Party Integrations

Sunset allows for the exporting of data to QuickBooks® Online and for synchronization with Kindred Funeral Software. These integrations are provided as convenience features to help streamline your operations.

Partnership Disclaimer: Sunset is not an official partner of QuickBooks® Online. We utilize QuickBooks® Online's publicly available API to provide our customers with the ability to connect their Sunset accounts to their existing QuickBooks® Online accounts. This integration is provided as a convenience feature and is not endorsed or supported by QuickBooks® Online.

Kindred Integration: Kindred Funeral Software is also owned and operated by LarkTek, LLC. When you connect Sunset with Kindred, data may be shared between the products according to the connection you authorize. Each product remains subject to its own terms and privacy policy.

Important Disclaimer: Once data has been exported from Sunset to QuickBooks® Online, Kindred, or any other third-party service, Sunset is not responsible for any data integrity, security, accuracy, or availability issues that may occur within those external systems. You acknowledge and agree that:

  • Sunset has no control over third-party services once data has been exported
  • You are solely responsible for the security and backup of data in external systems
  • Sunset cannot guarantee the accuracy or completeness of data after export
  • Any issues arising from the use of exported data in third-party systems are not the responsibility of Sunset

We recommend that you maintain your own backups and verify data accuracy after any export operations.

9.5. AI-Powered Features and Artificial Intelligence Services

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

Per-Usage Fees: When AI-powered features are available, they may be usage-based. Each use of AI-powered features, including but not limited to generating designs, iterating on content, drafting documents, and producing reports, may incur a per-usage fee based on the AI model selected and the computational resources consumed. Fees are calculated based on:

  • The specific AI model used (e.g., Gemini Flash, Gemini Pro)
  • The number of input and output tokens processed
  • Any applicable markup or service fees

Current pricing for AI-powered features, when offered, is displayed within the Service interface. Pricing may change with 30 days' notice. You are responsible for all fees incurred through your use of AI-powered features, regardless of whether you use, modify, or discard the generated output.

Legal and Ethical Use Requirements: You agree to use AI-powered features only in a lawful and ethical manner. You represent and warrant that:

  • You will comply with all applicable copyright, trademark, intellectual property, and other laws when using AI-powered features
  • You have obtained all necessary rights, licenses, permissions, and consents to use any content, images, text, or other materials you provide to AI-powered features
  • You will not use AI-powered features to create content that infringes upon the intellectual property rights of others
  • You will not use AI-powered features to generate content that violates any applicable laws, regulations, or industry standards
  • You will not use AI-powered features to create content that is defamatory, libelous, obscene, harmful, threatening, or otherwise unlawful
  • You will comply with all terms and conditions of third-party AI service providers, including Google's Gemini Terms of Service and Usage Policies
  • You will use AI-generated output only for lawful purposes and in compliance with all applicable cemetery and memorial industry standards

User Responsibility for Sensitive Information: While Sunset implements technical measures and safeguards designed to prevent sensitive information from being shared with third-party AI service providers, you acknowledge and agree that:

  • You are ultimately responsible for ensuring that you do not include sensitive personally identifiable information (PII) in prompts, inputs, or content provided to AI-powered features
  • You must not include Social Security Numbers, credit card numbers, bank account numbers, passwords, authentication credentials, or other highly sensitive information in any content submitted to AI-powered features
  • You must not include living persons' personal information (names, addresses, phone numbers, email addresses) unless you have obtained proper consent and authorization
  • You are responsible for reviewing all content before submitting it to AI-powered features to ensure it does not contain sensitive information
  • Sunset's automated safeguards may not catch all instances of sensitive information, and you bear the ultimate responsibility for protecting sensitive data

Note: Deceased person information (name, birth date, death date, memorial text, photographs of the deceased) may be used with AI-powered features as this information is typically appropriate for memorial materials. However, you remain responsible for ensuring compliance with all applicable privacy laws and regulations.

No Guarantee of Output Quality or Accuracy: AI-powered features use artificial intelligence to generate output. You acknowledge and agree that:

  • Sunset does not guarantee the accuracy, quality, completeness, or suitability of any output generated by AI-powered features
  • AI-generated content may contain errors, inaccuracies, or inappropriate content
  • You are solely responsible for reviewing, editing, and approving all AI-generated output before using it for any purpose
  • You must verify the accuracy and appropriateness of all content before printing, publishing, distributing, or otherwise using AI-generated output
  • Sunset is not responsible for any errors, omissions, or issues in AI-generated output

Third-Party AI Service Providers: AI-powered features utilize third-party AI services, including Google's Gemini AI models. You acknowledge that:

  • Your use of AI-powered features is subject to the terms and conditions of third-party AI service providers, including Google's Gemini Terms of Service and Usage Policies
  • Sunset does not control third-party AI services and is not responsible for their availability, performance, or outputs
  • Third-party AI service providers may change their services, terms, or pricing at any time
  • Sunset may modify, suspend, or discontinue access to specific AI models or AI-powered features at any time

Indemnification for AI-Powered Features: You agree 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, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses arising from or relating to your use of AI-powered features, failure to comply with applicable laws, inclusion of sensitive information in AI inputs, infringement claims related to AI-generated content, violation of third-party AI terms, misuse of AI features, or errors in AI-generated output that you use or distribute.

Limitation of Liability: To the maximum extent permitted by law, LarkTek, LLC (Sunset) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of AI-powered features, errors in AI-generated output, infringement claims related to AI-generated content, disclosure of sensitive information through AI-powered features, unavailability of third-party AI services, or changes to third-party AI service terms, pricing, or availability.

By using AI-powered features, you represent and warrant that you understand these requirements and will comply with all applicable laws, regulations, and third-party terms when using these features.

9.7. Third-Party Evaluation and Sandbox Accounts

From time to time, LarkTek, LLC (doing business as Sunset) 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 Obligations: By accessing or using an Evaluation Account, Evaluation Participants agree that all aspects of the Software constitute confidential and proprietary information of LarkTek, LLC. Evaluation Participants shall not, without the prior written consent of LarkTek, LLC:

  • Disclose, publish, or disseminate any information regarding the Software's features, functionality, user interface, workflows, architecture, design, performance, or capabilities to any third party
  • Create, publish, or distribute screenshots, screen recordings, demonstrations, reviews, benchmarks, or descriptions of the Software or any of its features
  • Discuss the Software's features, functionality, or inner workings with any person or entity not authorized by LarkTek, LLC
  • Use knowledge gained through access to the Software to develop, enhance, or assist in the development of any competing product or service
  • Reverse engineer, analyze, or deconstruct any aspect of the Software's functionality, algorithms, or design patterns for any purpose

These confidentiality obligations survive the termination or expiration of the Evaluation Account and remain in effect indefinitely unless LarkTek, LLC 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 LarkTek, LLC.

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, use of evaluation knowledge to develop competing products, unauthorized use beyond evaluation purposes, or damages to LarkTek, LLC'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 LarkTek, LLC for which monetary damages would be an inadequate remedy. Accordingly, LarkTek, LLC 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: LarkTek, LLC 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.

By accessing or using an Evaluation Account, you represent and warrant that you have the authority to bind your organization to these terms and that you will ensure all individuals within your organization who access the Evaluation Account comply with these obligations.

10. Payment Terms

If you purchase a subscription to our Service:

  • Fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable unless otherwise specified
  • We may change our fees with 30 days' notice
  • You are responsible for all applicable taxes
  • Failure to pay may result in service suspension
  • Additional storage beyond your plan limits will be billed separately at the current storage rates
  • AI feature usage fees, when applicable, are charged per use and are separate from subscription fees

11. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by LarkTek, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any data you input into the Service, but grant us a license to use such data to provide the Service.

Software Licensing: Your use of the Sunset software is also governed by our End User License Agreement (EULA), which provides additional terms regarding software licensing and usage rights.

12. Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance
  • System updates
  • Technical difficulties
  • Force majeure events
  • Third-party AI service provider outages or limitations

13. Limitation of Liability

To the maximum extent permitted by law, LarkTek, LLC and Sunset shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

14. Indemnification

You agree to defend, indemnify, and hold harmless LarkTek, LLC, Sunset, and their 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 your use of the Service or violation of these Terms.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

16. Compliance with Regulations

As a cemetery management platform, users 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
  • Intellectual property and copyright laws

17. Data Backup and Recovery

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of critical data. We are not liable for any data loss.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Utah, without regard to its conflict of law provisions.

20. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Contact Information

If you have any questions about these Terms & Conditions, please contact us: