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Sunset Legal Posture and E‑Consent: Plain‑Language Summary

Introduction

This page explains, in plain language, how Sunset Software, Inc. and Sunset Advisory, LLC (collectively “Sunset”) operates from a legal, payment, and communications standpoint. It condenses key points from Sunset’s official Terms of Use and Electronic Communications Policy, and cross‑references relevant disclosures in the Privacy Policy and service descriptions such as How It Works and Sunset (App) How It Works.

What you authorize Sunset to do for the estate

  • Limited power of attorney (POA): When you use Sunset’s services for a specific estate, you grant Sunset a POA for that estate. The POA is used first to discover accounts and, only after your explicit approval, to close accounts and transfer funds as part of settlement. See Terms of Use.

  • Scope and sequencing: Authority is granted estate‑by‑estate and function‑by‑function (discovery first; closure and transfers only after you authorize). See Terms of Use.

Investment adviser appointment and scope

  • Appointment: By the agreement, Sunset accepts appointment as an investment adviser for the estate’s assets under management when you specifically request it. See Terms of Use.

  • Duties: In that role, Sunset agrees to supervise and direct investments in accordance with your objectives and serve as a fiduciary with respect to those investments, consistent with the agreement. See Terms of Use.

How Sunset gets paid (no direct fees to families)

  • Fee source: Sunset earns a fee on interest generated from consolidated estate cash held in insured, interest‑bearing accounts during settlement; families are not charged direct fees by Sunset and keep 100% of discovered assets. See Terms of Use and How It Works.

  • Control: You control timing, actions, and distributions; nothing proceeds without your approval. See How It Works.

Your responsibilities and controls

  • Accuracy and authorization: You represent that you have legal authority (e.g., executor/administrator/trustee) and that information you provide is accurate. See Terms of Use.

  • Approvals for actions: Account closures, transfers, and distributions require your explicit approval; you set the pace. See How It Works.

  • Security practices: Sunset is SOC 2 Type II certified and uses strong controls; however, no system is 100% secure, so protect your credentials and devices. See How It Works and Privacy Policy.

  • Contact info maintenance: Keep your email and contact details current so electronic notices reach you. See Electronic Communications Policy.

Electronic communications and e‑signatures

  • Consent method: By checking a box or clicking a button, you consent to receive all legally required communications electronically; electronic signatures are legally equivalent to ink signatures. See Electronic Communications Policy.

  • Coverage and duration: Your consent covers all current and future Sunset services and remains in effect until you withdraw it. See Electronic Communications Policy.

  • Technical requirements: Use a current or previous major release of Chrome, Firefox, Edge, or Safari supporting at least 256‑bit encryption, plus a valid email address. See Electronic Communications Policy.

  • Paper copies and withdrawal: You may request paper copies within 180 days (fees may apply). You may withdraw e‑consent by emailing Legal@SunsetApp.com; withdrawal can result in application denial, account restrictions/deactivation, or paper‑copy fees. See Electronic Communications Policy.

Warranties, limitations of liability, and indemnification

  • No warranties: Sunset disclaims express, implied, and statutory warranties regarding the site, services, and materials, as set out in the agreement. See Terms of Use.

  • Liability limits: The Terms limit Sunset’s liability to the extent permitted by law and include customary exclusions and caps; read the full language before using the services. See Terms of Use.

  • Indemnification: You may be required to indemnify Sunset for certain claims arising from misuse or violation of the agreement. See Terms of Use.

Governing law and dispute framework

  • Applicable law: The Terms provide that the Federal Arbitration Act (FAA), Utah state law, and applicable U.S. federal law govern; foreign laws do not apply. See Terms of Use.

  • Dispute terms: Review the Terms for complete dispute resolution provisions, including any arbitration requirements and procedures. See Terms of Use.

Privacy, data use, and partner sharing (context)

  • Data use: Sunset processes user and estate information to provide services, including submitting data to partners for asset discovery and verification. See Privacy Policy.

  • Choices: The Privacy Policy describes marketing opt‑outs and, for California residents, CCPA rights such as access, deletion, and opt‑out of “sale” as defined by the CCPA. See Privacy Policy.

Quick reference

Topic Plain‑language position Primary source
POA scope Limited POA for a specified estate; used for discovery first, then closure/transfer only with your approval Terms of Use
Adviser role Adviser appointment occurs upon your specific request; adviser acts as fiduciary for assets under that mandate Terms of Use
Fees Sunset is paid via interest on estate cash; no direct fees to families Terms of Use, How It Works
E‑consent Click‑to‑consent; e‑signatures valid; withdraw by email; paper copies available (possible fees) Electronic Communications Policy
Security SOC 2 Type II; strong controls but no system is 100% secure Privacy Policy, How It Works
Governing law FAA + Utah law + applicable U.S. federal law Terms of Use

Practical implications for executors

  • You stay in control: Discovery can occur with POA, but any closure or distribution needs your explicit approval. Terms of Use.

  • No out‑of‑pocket fees to Sunset: Revenue is derived from interest on estate cash during settlement. How It Works.

  • Be prepared for e‑delivery: Keep your browser and email current; most legal notices arrive electronically. Electronic Communications Policy.

  • Read the full agreements: This page is a convenience summary; the binding terms are only those in the linked policies. Terms of Use, Electronic Communications Policy, Privacy Policy.