Version 1.0. Effective from 6 November 2026
Operated by Sundae Bar AI PLC, company number 13714088.
Important notice
Please read this notice and these Terms carefully before using Sundae. The points below are a summary. The Terms that follow are what applies.
(A) Sundae is beta software. It is new, under active development and has not been tested at scale. It will sometimes get things wrong. You use it at your own risk, to the extent the law allows.
(B) Sundae acts on its own judgement. Once you give an Instruction, Sundae will usually carry it out and report back without checking each step with you. The decisions it makes are made by third-party AI models, which can misread a page, pick the wrong item, misjudge a price or miss a fee. You are responsible for reviewing what Sundae does.
(C) Payments. By default, when a purchase needs card details Sundae hands the browser to you and you type your own details. If you have been given access to the Vault and choose to use it, Sundae can enter your saved details and press the Merchant's Pay button itself after you approve a request on your phone. Your approval of a Vault request is your authority to pay the amount shown to that site. We cannot cancel, reverse or refund any transaction with a Merchant.
(D) The Vault is experimental. It is encrypted so that we cannot read what you store in it. That also means we cannot recover it if you lose your passkeys. The Spending Limit is a best-effort software control, not a guarantee.
(E) We accept no liability beyond what the law requires. Clauses 25 and 26 exclude and limit our liability to the fullest extent permitted by law. Nothing in these Terms removes your statutory rights as a consumer or our liability for death or personal injury caused by our negligence, or for fraud.
(F) You must be at least 18 and you must not use Sundae for anything unlawful, for emergencies, or for anything where an error could cause serious harm or loss.
Agreed terms
1. About these Terms and who we are
1.1 These terms of use (the “Terms”) govern your access to and use of Sundae, the AI personal assistant made available at sundae.md and through messaging channels, together with the Vault at vault.sundae.md, any pages or apps hosted under our domains, and any related websites, software, features and services we provide (together, the “Service”).
1.2 The Service is operated by Sundae Bar AI PLC, a public company limited by shares incorporated in England and Wales with company number 13714088, whose registered office is at c/o Druces LLP, 6th Floor, 99 Gresham Street, London EC2V 7NG (“we”, “us” and “our”). Our corporate website is sundaebar.ai.
1.3 By creating an Account, sending a message to Sundae, approving a request from Sundae, or otherwise accessing or using any part of the Service, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, you must not use the Service.
1.4 These Terms incorporate our Privacy Policy, the Acceptable Use Policy in Schedule 1 and, if you are not a Consumer, our Data Processing Addendum. If there is any conflict, the main body of these Terms prevails over the Schedules, and the Schedules prevail over any other document, page or message, except that the Data Processing Addendum prevails on matters of data protection.
1.5 Clauses 4 (Beta status), 5 (What Sundae does), 7 to 9 (payments and the Vault), 22 (Known risks), 25 (Disclaimers) and 26 (Limitation of liability) contain important limits on what we are responsible for. Nothing in these Terms excludes or limits any right you have as a consumer which cannot be excluded or limited by law (see clause 26.1).
1.6 We may change these Terms from time to time. Clause 23 explains how and what notice we will give.
1.7 These Terms reflect the Service as it operates at the Effective Date. Features described here may be changed, limited, withdrawn or enabled for only some users, and new features may be added, as described in clause 23.
2. Definitions and interpretation
2.1 In these Terms the following words and phrases have the following meanings:
| Account | your registration for the Service, identified by the phone number or messaging identity from which you communicate with Sundae and, where created, your profile at sundae.md; |
| Acceptable Use Policy | the policy in Schedule 1; |
| Allowance | the quantity of work, messages, computing time, storage, hosting and other resources available to you under your Plan in any period, as measured by us; |
| Applicable Law | all laws, regulations, codes and binding guidance that apply to you, to us, or to the Service from time to time; |
| Beta Feature | any feature of the Service that we describe as experimental, beta, preview, trial or early access, or that we enable for you individually rather than for all users, and in every case includes the Vault and the Onelink integration; |
| Connected Service | any third-party account or service that you connect to the Service or that Sundae connects on your Instruction, such as Google Calendar, Gmail, Slack or Notion, whether connected directly or through our integration provider; |
| Consumer | an individual who uses the Service wholly or mainly for purposes outside that individual's trade, business, craft or profession; |
| Content | text, messages, files, images, audio, video, code, data, links and any other material in any form; |
| Credits | pre-paid units purchased from us to extend your Allowance for the day on which they are bought; |
| Data Processing Addendum | the data processing addendum published at sundae.md, which applies where you are not a Consumer; |
| Effective Date | the date stated on the cover of these Terms, or, for a later version, the date that version states; |
| Environment | the isolated computing environment we allocate to your Account, including its browser, file storage, memory, email address and any software running in it; |
| Hand-over | the process described in clause 7 by which Sundae passes control of a browser session to you so that you can enter payment details, credentials or other information yourself; |
| Hosted Content | any page, app, site or other Content that you publish, or ask Sundae to publish, at an address under our domains; |
| Instruction | any message, reply, approval, tap, click, setting, selection or other input by which you ask or permit Sundae to do something, or decline to stop it doing something, including any input from your Account whether or not you personally made it; |
| Merchant | any third party (including any retailer, restaurant, venue, travel provider, subscription service, marketplace or other website) with which you buy, book, subscribe, register or otherwise deal through the Service; |
| Model Provider | any third party whose artificial intelligence models we use to provide the Service, as changed from time to time; |
| Output | any Content generated by Sundae, and any action taken by Sundae, in response to an Instruction or in the course of a task, including messages, reports, summaries, files, code, images, audio, video, emails, bookings, purchases and form entries; |
| Plan | the Free plan, the Plus plan or any other subscription tier we offer from time to time; |
| Privacy Policy | our privacy policy published at sundae.md, as updated from time to time; |
| Spending Limit | the per-transaction cap on Vault payments described in clause 8.7; |
| Sundae | the AI personal assistant provided through the Service, acting within your Environment; |
| Third-Party Provider | any Model Provider, messaging provider, integration provider, payment processor, wallet provider, hosting or infrastructure provider, analytics or monitoring provider, or other third party whose products or services we use in providing the Service, including those listed in Schedule 2; |
| Vault | the opt-in encrypted store at vault.sundae.md described in clause 8; |
| Vault Approval | your approval of a Vault request by passkey (such as Face ID or Touch ID), device passcode or any other approval method we support; |
| Vault Item | any record you store in the Vault, including any login, card, address, phone number or other detail and any field within it; |
| Your Content | all Content that you provide to the Service or that Sundae holds on your behalf, including your Instructions, files, facts you ask Sundae to remember, Vault Items and Hosted Content. |
2.2 In these Terms: (a) clause and schedule headings do not affect interpretation; (b) “including” and similar words do not limit what precedes them; (c) words in the singular include the plural and vice versa; (d) a reference to a law is to that law as amended, re-enacted or replaced; (e) a reference to “writing” includes messages sent through the Service and email; and (f) a reference to a Merchant's “Pay” button includes any button, link or control by which a purchase, booking, order, subscription or payment is confirmed or submitted, however labelled.
3. Eligibility, your Account and your device
3.1 Age. You must be at least 18 years old to use the Service. By using the Service you confirm that you are at least 18 and have the legal capacity to enter into these Terms. The Service is not intended for anyone under 18 and we do not knowingly provide it to them. We do not verify age and we rely on your confirmation. If we become aware that a user is under 18 we may suspend or terminate their Account immediately.
3.2 Where you are. The Service is operated from the United Kingdom. We make no representation that the Service, or any part of it, is appropriate, available or lawful in any other place. If you use the Service from outside the United Kingdom you do so on your own initiative and are responsible for complying with local law. Some features may be unavailable or behave differently depending on where you are.
3.3 Your Account. Your Account is tied to the phone number or messaging identity you use to talk to Sundae. You must give us accurate information and keep it up to date. You may hold only one Account, and you may not share, sell or transfer it.
3.4 Your device and credentials. Anyone who can send messages from your phone number or messaging account, or who can unlock your device, can give Instructions to Sundae and approve Vault requests as if they were you. You are responsible for keeping your device, your messaging accounts, your passkeys and any links or codes we send you secure, and for all activity that takes place through your Account, whether or not you authorised it, except to the extent it results from our breach of these Terms.
3.5 Changed or reassigned numbers. If you change phone number or your number is reassigned, tell us at once. We may require verification before restoring access, and we are not responsible for access gained by whoever controls a number previously used for your Account.
3.6 Acting for a business. If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind it to these Terms, and clause 28 applies.
4. Beta status and experimental features
4.1 The Service is in beta. It is a new product, under active development, which has not been tested at scale and is made available so that you can try it and so that we can learn from how it is used. It is not a finished product and we do not represent it as one.
4.2 You acknowledge and accept that the Service, and in particular each Beta Feature:
(a) may contain errors, defects, bugs and security vulnerabilities, some of which may be material;
(b) may be unavailable, slow, interrupted or reset without notice, and may lose data;
(c) may produce Output that is wrong, incomplete, out of date, misleading, offensive or inappropriate;
(d) may take actions that you did not intend, including actions that cost money or that cannot be undone;
(e) may be changed, limited, withdrawn or discontinued at any time, in whole or in part, for all users or for you alone; and
(f) may not be suitable for any particular purpose you have in mind.
4.3 Beta Features. We decide, in our sole discretion, which Beta Features (if any) are enabled for which users and for how long. You cannot enable a Beta Feature for yourself. We have no obligation to enable any Beta Feature for you, to keep it enabled, or to make it generally available, and we may withdraw it from you at any time without notice and without liability.
4.4 Own risk. To the fullest extent permitted by Applicable Law, you use the Service and each Beta Feature entirely at your own risk.
4.5 Do not rely on Sundae for anything important without checking. You should independently verify any Output before relying on it, and you should not use Sundae for any task that is time-critical, irreversible, or where an error could cause you loss, injury, embarrassment or legal consequences, without first checking the result yourself.
4.6 Feedback. If you give us suggestions, ideas, bug reports or other feedback, we may use them freely for any purpose without obligation or payment to you.
4.7 Unreleased features. Information we give you about Beta Features that are not generally available is confidential, and you must not disclose it publicly unless we agree or it becomes public through no fault of yours.
5. What Sundae does and how it acts
5.1 What Sundae is. Sundae is a software agent that carries out tasks on your Instructions inside your Environment. Depending on the features enabled for you, it can browse websites, fill in forms, compare prices, make bookings and reservations, add items to baskets and proceed to checkout, write and run code, build and host pages, send email from its own address, set reminders, run tasks in the background, connect to your other accounts and remember facts about you.
5.2 Sundae acts first and reports back. Sundae's default behaviour is to carry out your Instruction and then tell you what it did. It does not seek your confirmation for each step. Searching, opening sites, reading pages, filling in non-payment fields, choosing a sensible option where you have not specified one, and starting background work all happen without a per-step confirmation.
5.3 When Sundae is designed to ask first. Sundae is designed to ask for your confirmation before it: (a) spends money; (b) sends anything to another person or publishes anything publicly; (c) deletes data that cannot be rebuilt; or (d) creates or changes an account or credential in your name. These behaviours are implemented mainly through instructions given to the AI model, with code-level checks for payments and for a limited number of other actions. They are design intentions, not guarantees. Sundae may in some cases fail to ask, ask when it did not need to, or misunderstand your answer.
5.4 Sundae's decisions are made by AI. The decisions about what Sundae does are made by large language models supplied by Model Providers. Those models can and do make mistakes. Sundae may misread a page, pick the wrong item, misjudge a price, miss a fee, charge, condition or deadline, misunderstand an Instruction, act on stale information, or fail to complete a task. Much of Sundae's conduct is model judgement rather than deterministic code, and it cannot be fully predicted or tested in advance. You are responsible for reviewing what Sundae does and for correcting it.
5.5 Sundae is your tool and acts for you. When Sundae acts on your Instructions it does so as a tool operated by you and on your behalf. You are the principal in every dealing with a Merchant or other third party. Any contract, booking, order, subscription, account or communication that Sundae enters into, makes or sends on your Instructions is yours, as if you had done it yourself. We are not a party to those dealings. We are not your agent, broker, intermediary or fiduciary, and we owe you no duty in relation to any Merchant or third party.
5.6 Scope of your authority to Sundae. By giving an Instruction, you authorise Sundae to do anything that a reasonable person would understand the Instruction to request or require, including taking preparatory and incidental steps, selecting sensible default options where you have not specified them, and continuing a task you started. If you want Sundae to behave more cautiously, you must say so in your Instruction. Sundae may not reliably remember standing preferences, and you should restate them for any task that matters.
5.7 Other people's terms. When Sundae visits a website, uses a service or deals with a Merchant on your behalf, you are bound by that third party's terms, policies and prices as if you had used it yourself. Many websites restrict or prohibit automated access. You are responsible for deciding whether your use of Sundae with any site or service is permitted, and for any consequences if it is not. We may block or limit Sundae's use of any site, service or category of site at any time without notice.
5.8 Your Environment. We allocate your Environment to you for the purposes of the Service. It remains ours. We may inspect (subject to the Privacy Policy), reset, migrate, update, restrict, suspend or delete it at any time. Files, code, pages, browser sessions and memory in your Environment are not backed up for your benefit and may be lost. You should keep your own copies of anything you need.
6. Instructions and confirmations
6.1 You are responsible for every Instruction. You are responsible for every Instruction given through your Account, including Instructions that are ambiguous, abbreviated, incomplete, sent in error or sent by someone else using your device or messaging account. A message such as “yes”, “ok”, “go ahead” or any equivalent is a confirmation, even if sent quickly, by mistake or without reading what Sundae proposed.
6.2 What we treat as an Instruction. We may treat any message, approval or other input from the phone number, messaging identity or device associated with your Account as an Instruction from you.
6.3 Interpretation. Sundae interprets your Instructions using AI. It has no way of knowing what you meant beyond what you wrote and what it has remembered about you. It may interpret an Instruction in a way you did not intend, and it may carry out that interpretation before you can correct it.
6.4 Confirmation checks. Where Sundae is designed to ask for confirmation, it will usually check your next message for a clear “yes”. A reply that is not clearly a yes may be treated as a no, and a reply that is clearly a yes will be acted on. We are not responsible if a confirmation check fails, is bypassed, or is satisfied by a message you did not intend as a confirmation.
6.5 We may decline or stop any task. We may decline, limit, delay, modify or stop any Instruction or task at any time and for any reason, including where we consider it unlawful, harmful, contrary to the Acceptable Use Policy, outside your Allowance, technically infeasible, or likely to expose us or others to risk. We need not give reasons.
7. Payments to Merchants: the Hand-over
7.1 Default behaviour. Unless the Vault is enabled for you and switched on, when a task reaches a point where card details, a password, a one-time code or a bot check is required, Sundae stops and hands the browser session to you. You receive a private link to a live view of that browser tab on your device. You enter your own details, complete any bot check, and tell Sundae when you have finished.
7.2 In Hand-over mode Sundae:
(a) does not type card numbers, security codes, passwords or one-time codes;
(b) does not press the Merchant's Pay button unless you tell it to after you have entered your details;
(c) does not complete CAPTCHAs or other bot checks; and
(d) does not use cryptocurrency exchanges, wallets or bridges.
7.3 The link is yours to protect. The Hand-over link gives whoever holds it a live view of, and the ability to act within, that browser tab for the duration of the session. Do not share it. We are not responsible for anything done through a link you shared, forwarded or allowed another person to use.
7.4 Where your details go. Details you enter during a Hand-over are entered into the Merchant's page in the browser running in your Environment and sent to the Merchant. They are not written to your conversation history or memory. You accept that this browser runs on our infrastructure, not on your own device, and that a Hand-over is therefore not equivalent to shopping from your own browser.
7.5 Check before you pay. You are responsible for checking the item, price, quantity, options, delivery details, fees, taxes and the Merchant's terms before you enter your details or tell Sundae to complete a purchase. Once a purchase is completed, by you or by Sundae on your Instruction, the transaction is between you and the Merchant. We cannot cancel, reverse or refund it.
7.6 Reporting. Sundae reports from what it reads on the Merchant's confirmation page. It may misread or misreport. Check the Merchant's own confirmation and your own payment records.
8. The Vault
8.1 The Vault is an experimental, opt-in Beta Feature. It is enabled only for users we have individually invited. You cannot enable it for yourself, and we may disable it for you, or for everyone, at any time without notice. When you create or first open a Vault it displays the message “AI can make mistakes. Vaults is an experimental feature, use it at your own risk.” That message is part of these Terms.
8.2 How the Vault stores your details. You create your Vault at vault.sundae.md and protect it with a passkey (such as Face ID or Touch ID on your phone). Vault Items are encrypted on your device using keys derived from your passkey. Our servers store only the encrypted data together with each Vault Item's name, the site it relates to and its kind (for example “login” or “details”). We cannot read the contents of your Vault Items.
8.3 We cannot recover your Vault. Because we cannot read your Vault, we cannot recover it. If you lose every passkey that can unlock your Vault, its contents are permanently unrecoverable by us. A Vault containing Vault Items cannot be reset by us; it can only be deleted together with your Account. You must not store in the Vault anything you do not hold elsewhere.
8.4 What you store is your choice. Vault Items are generic “login” and “details” records with fields you name. Card numbers, security codes, addresses, phone numbers and any other detail are stored only if you choose to add them. You are responsible for the accuracy of what you store and for keeping it current.
8.5 How a Vault payment works. When a page in Sundae's browser needs saved details, Sundae sends a single approval request to your device showing the site and the checkout total it has read from the page. If you approve by Vault Approval, the relevant Vault Items are decrypted and entered into the browser tab by a separate privileged process. The AI model, your conversation history, Sundae's memory and our logs do not receive the decrypted values. After the details have been entered, Sundae presses the Merchant's Pay button itself, without asking you again. Your Vault Approval of the request is your authority to pay the amount shown to the site shown, and completes the purchase.
8.6 One tap is an approval. Vault Approval is a single gesture on your phone. You are responsible for reading each request, including the site and the total, before you approve it. An approval given without reading the request, by mistake, by habit, or by anyone else able to unlock your device is still an approval, and, as between you and us, the resulting payment is authorised by you.
8.7 Spending Limit. Vault payments are subject to a per-transaction Spending Limit, which defaults to US $100 (or such other amount as we set from time to time) and which you can change on your profile page. Lowering the limit or freezing Vault payments takes effect at once without Vault Approval; raising or removing the limit or unfreezing payments requires Vault Approval. A request whose total exceeds the limit is refused before it reaches your device. The Spending Limit has the following limitations, which you accept:
(a) it applies per transaction; there is no daily, monthly or aggregate cap, and several transactions each within the limit may be made in succession;
(b) totals in currencies other than US dollars are converted using a fixed rate table updated only occasionally, so the limit is approximate and may be exceeded in the currency actually charged;
(c) it depends on Sundae correctly reading the total from the Merchant's page, which can fail; Sundae may read a subtotal, an instalment, a deposit, a per-item price or a figure that excludes delivery, taxes, fees or tips;
(d) if Sundae cannot read a total, the request is still sent to your device marked “total not read” with no limit check, and your Vault Approval is then the only control; and
(e) it is a best-effort software control in beta software. It is not an exact, audited or guaranteed financial control, and we give no warranty that it will operate correctly in any instance.
8.8 What can go wrong. Sundae may read the wrong total, obtain approval of the right total for the wrong item or quantity, select the wrong options, delivery method or address, pay a Merchant you did not intend, enter details into a fraudulent or compromised site, or complete a purchase you later regret. Sundae reports from the Merchant's confirmation page and may misreport. You accept each of these risks.
8.9 We cannot cancel, reverse or refund. We have no ability to cancel, reverse, charge back or refund any transaction with a Merchant. Any dispute about a transaction is between you and the Merchant, or between you and your card issuer or bank. We are not a bank, payment institution, electronic money institution, card issuer, acquirer or payment service provider; we do not hold, transmit or control your funds; and we are not a party to any transaction.
8.10 Turning the Vault off. You can choose “I'll type my card myself from now on” at the card step, which disables Vault filling and returns you to the Hand-over in clause 7. You can freeze Vault payments or lower the Spending Limit on your profile page at any time, and you can delete any Vault Item at any time.
8.11 Saving details from chat. If you type an address, phone number or similar detail in chat, Sundae may offer a one-tap link to save it to the Vault. Nothing is saved to the Vault until you tap Save. The message you typed remains part of your conversation history in the normal way.
8.12 Payment records. Each Vault-filled payment is recorded by us as a short event for operations, security and support purposes, consisting of a masked identifier for your Account, the amount, the site and the path used. These records never include card numbers or other Vault Item contents.
8.13 Limited real-world use. As at the Effective Date the Vault has been tested on real devices and on practice sites but has had limited use for real purchases. It is beta software and you should treat it accordingly.
9. Onelink, wallets and trading
9.1 Onelink. Where enabled for you, Sundae can pay using your Onelink wallet after you approve the payment on your device. This is a separate, opt-in Beta Feature behind a per-user switch. Onelink is a Third-Party Provider; its terms govern your wallet, its balance and every transaction made with it. We do not hold, custody or control funds in your wallet, and we are not responsible for the wallet, for any transaction made with it, or for any loss of funds.
9.2 No other wallets. Sundae will not use cryptocurrency exchanges, wallets or bridges in its browser, and you must not ask it to.
9.3 No trading. Sundae does not buy, sell, trade, exchange, stake, transfer or otherwise deal in securities, cryptoassets, foreign exchange or any other financial instrument, and does not move funds between accounts. You must not ask it to do so. Any trading-related code that may exist in our systems is disabled, and its existence is not an offer or representation that trading will be made available.
10. Connected Services and accounts in your name
10.1 What Sundae can do. On your Instruction, Sundae may connect your existing accounts with third-party services through our integration provider, and may create new accounts, sign up for services, and store the resulting credentials or tokens, in your name.
10.2 Your authorisation. By connecting a Connected Service or asking Sundae to create an account, you authorise Sundae to use it as your Instructions require. Actions that send, create, change or delete anything through a Connected Service are designed to run only after your confirmation in chat, checked against your next message. This is a design intention, not a guarantee (see clause 5.3).
10.3 The accounts are yours. Every account created or connected in your name is your account. You are responsible for its terms, fees, security and closure, for the lawfulness of its use, for whether the relevant service permits automated use, and for everything done through it in accordance with your Instructions. You may revoke Sundae's access at any time through the relevant service, through our integration provider or by Instruction, and you should do so if you stop using the Service.
10.4 Do not put passwords in chat. Anything you type in chat is stored and processed as described in the Privacy Policy, with codes and passwords removed where we detect them. Use the Vault or a Hand-over for credentials. We are not responsible for credentials you choose to send in chat.
10.5 We are not responsible for Connected Services. We do not control Connected Services. We are not responsible for their availability, their changes, their terms, their handling of your data, any loss of data in them, or any action taken through them in accordance with your Instructions.
11. Email sent by Sundae
11.1 Sundae's address. Your Environment has its own email address under a domain we control. Sundae is designed to send email only to recipients on a list you have approved, and only when you have asked for an email in your own words or approved an exact draft. These are design intentions, not guarantees. We may change, suspend or withdraw the address, apply sending limits, and retain copies of mail as part of your Environment.
11.2 You are the sender. You are the sender of every email Sundae sends for all purposes, including defamation, confidentiality, data protection, and the rules on unsolicited marketing. You are responsible for its content, for having any consent the recipient's law requires, and for not using Sundae's address to impersonate anyone or to send spam.
11.3 Inbound mail. Email received at Sundae's address is treated as data, not as instructions, but Sundae may read it and act on its contents in carrying out your tasks. Inbound mail may contain errors, scams or attempts to manipulate Sundae (see clause 22). We do not guarantee that mail will be delivered to or from Sundae's address, or delivered promptly, and the address must not be used for anything time-sensitive or important.
12. Hosted pages and apps
12.1 What is included. Where enabled, Sundae can publish Hosted Content at an address under our domains. Your Plan includes a number of free apps (currently ten) subject to size and traffic caps. Use above those caps is subject to a monthly hosting charge at the rates published at sundae.md. We may change the number of free apps, the caps and the charges at any time on notice.
12.2 Hosted Content is yours. You own, and are solely responsible for, your Hosted Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit and display it for the purpose of providing the Service. You confirm that you have all rights needed for it and that it does not and will not breach Applicable Law, the Acceptable Use Policy, or any third party's rights.
12.3 Hosted Content is public. Anything published is accessible to anyone who has or guesses its address unless the app itself restricts access. We provide no access control, privacy or security for Hosted Content, and you must not use it for personal data, confidential information or anything you would not want to be public.
12.4 No service levels. We give no commitment as to the availability, uptime, performance, capacity or continued existence of Hosted Content or of the addresses at which it is published. We may change addresses, impose or change caps, and pause Hosted Content above the free caps where charges are unpaid. We do not routinely delete Hosted Content, but we may remove, disable or pause any Hosted Content at any time where we consider that it breaches these Terms, is the subject of a complaint, infringes anyone's rights, or exposes us or others to risk, and on termination of your Account.
12.5 Complaints about Hosted Content. Anyone who believes that Hosted Content is unlawful or infringes their rights may notify us at the address in clause 32. We may act on such a notice, including by removing the content, without liability to you, and we may pass the notice and your details to the complainant where the law allows or requires.
13. Memory, background tasks and reminders
13.1 Memory. Sundae remembers facts about you from your conversations so that it can act for you more effectively. What it remembers may be wrong, incomplete or out of date, and it may apply a memory in a context you did not expect. You can ask Sundae to forget something; it will try, but forgetting is best-effort and we do not guarantee that a fact will be entirely removed from every system. Memory is not a system of record and must not be used as one.
13.2 Background tasks and reminders. Tasks that run in the background and reminders may run late, run more than once, fail, be interrupted or not run at all, and we may stop them at any time. Do not use them for anything where timing matters, including medication, legal or financial deadlines, travel, childcare, safety, or anything that cannot be missed.
14. Messaging channels
14.1 Third-party channels. The Service is delivered over messaging channels operated by third parties, including iMessage (through our messaging provider) and WhatsApp (through Meta's business platform). Your use of those channels is subject to Apple's and Meta's terms. We do not control those channels. Messages may be delayed, reordered, lost, delivered to the wrong device, or blocked, and the channels may be withdrawn or changed. Standard messaging and data charges from your carrier may apply.
14.2 Messages from Sundae. Sundae will send you messages without a prompt from you, including task reports, approval requests, reminders and service notices. By using the Service you agree to receive them. You can stop them by deleting your Account.
14.3 Message content. Message content is processed by our messaging providers and Model Providers in order to deliver the Service, as described in the Privacy Policy. Messaging channels are not a secure way to send sensitive information, and you should not send through them anything you would not want a provider to process.
15. Acceptable use
15.1 You must comply with the Acceptable Use Policy in Schedule 1 in everything you do through the Service, including every Instruction you give, every Output you use and everything you publish or send.
15.2 We may monitor use of the Service for compliance with these Terms as described in the Privacy Policy. We may investigate any suspected breach, suspend or restrict your Account while we do so, remove Content, terminate your Account, and report conduct to law enforcement, regulators, payment providers, Merchants or other third parties where we consider it appropriate.
16. Your Content, Output and intellectual property
16.1 Our property. The Service, including all software, models and prompts we create, designs, text, graphics, the names “Sundae” and “sundae_bar”, our logos and domains, and all intellectual property rights in them, are owned by us or our licensors. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other rights are granted.
16.2 Your Content. You retain whatever rights you have in Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display and otherwise use Your Content for the purposes of providing, securing, supporting and improving the Service and as otherwise described in the Privacy Policy. You confirm that you have all rights necessary to grant that licence and that Your Content does not infringe any third party's rights or Applicable Law.
16.3 Output. As between you and us, you own the Output generated for you, and we assign to you any rights we may have in it, subject to the following:
(a) Output may be subject to the terms of the relevant Model Provider or other Third-Party Provider;
(b) Output may not be unique, and similar or identical Output may be generated for other users;
(c) Output may contain or reproduce material belonging to third parties, may be inaccurate, and may not be protectable by intellectual property law;
(d) we give no warranty that Output does not infringe any third party's rights or is fit for any purpose; and
(e) you are solely responsible for how you use Output, including any code Sundae writes or runs, any content it publishes, and any message it sends.
16.4 Restrictions. You must not, and must not allow or ask Sundae or anyone else to: copy, modify, reverse engineer, decompile or attempt to extract the source code, models, prompts or configuration of the Service; access the Service by any means other than the interfaces we provide; scrape, crawl or extract data from the Service at scale; circumvent any Allowance, limit, safety control or restriction; resell, sublicense or commercially exploit the Service; or use the Service or Output to build or train a product that competes with the Service.
16.5 Infringement claims. If you believe the Service or any Hosted Content infringes your rights, contact us at the address in clause 32 with sufficient detail for us to investigate.
17. Third-Party Providers and AI models
17.1 We rely on others. The Service depends on Third-Party Providers, including the Model Providers whose large language models make Sundae's decisions and generate its Output, providers of image, video and audio generation, messaging providers, our integration provider, our payment processor, and hosting and infrastructure providers. Those we use at the Effective Date are listed in Schedule 2.
17.2 We may change them without notice. We select Third-Party Providers and AI models in our discretion, including by cost, and may change, add or remove any of them at any time without notice. Different tasks may be handled by different models. We do not control any Third-Party Provider, its models, its availability, its policies, its output or its handling of data, and we are not responsible for any of them.
17.3 Their terms. Where a Third-Party Provider's terms purport to apply to end users, you agree to comply with them. We are not responsible for any Third-Party Provider's breach of its terms or of Applicable Law.
17.4 No endorsement. Any Merchant, site, product, service or content that Sundae finds, suggests, uses or links to is not endorsed, checked or recommended by us. We are not responsible for it.
18. Plans, Allowances, Credits and payment to us
18.1 Plans. The Free plan gives a daily Allowance of work and messages. The Plus plan is a paid monthly subscription with a larger Allowance. Credits can be bought to extend an Allowance. Current features, Allowances and prices are published at sundae.md and may change as described in clause 23.
18.2 Allowances and Credits. We measure Allowances, and the work and resources that count against them, in our sole discretion, and our records are final. Sundae describes your usage in approximate terms only. Unused Allowance does not carry over. Credits extend your Allowance for the day on which you buy them only: they expire at the end of that day, when your daily Allowance next resets, and any unused Credits are then lost. The expiry time is shown when you buy them. Credits are non-transferable, have no cash value and are not refundable except as stated in clause 19. We may throttle, limit or pause use that is unusually heavy or that we consider inconsistent with personal use.
18.3 Subscriptions. Paid Plans are billed in advance for each monthly period and renew automatically at the end of each period until you cancel. By subscribing you authorise us and our payment processor to charge your chosen payment method for each renewal and for any Credits or hosting charges you incur. You can cancel at any time, and cancellation takes effect at the end of the period already paid for. Except as stated in clause 19 or required by law, we do not give refunds for any part of a period already paid.
18.4 Price changes. We may change the price of a paid Plan or of Credits. For a subscription, we will give you at least 30 days' notice through the Service or by email, and the new price applies from your next renewal after the notice period. If you do not accept the new price, cancel before the renewal.
18.5 Payment processing. Payments to us are processed by Stripe. We do not see or store your full card details. Your use of Stripe's checkout is subject to Stripe's terms. If a payment fails or is reversed, we may suspend or downgrade your Plan, pause Hosted Content and Credits, and recover any amount owed.
18.6 Taxes. Prices are shown inclusive of UK VAT where it applies. If you are outside the United Kingdom, local taxes may apply and you are responsible for them.
18.7 Trials and promotions. We may offer free trials, discounts or promotions on terms we specify. Unless we say otherwise, a trial converts to a paid Plan at the end of the trial period unless cancelled before then.
19. Cancellation and refunds
19.1 Stopping at any time. You can stop using the Service at any time, cancel a paid Plan by Instruction to Sundae or by contacting us, and delete your Account by Instruction to Sundae.
19.2 Your right to cancel as a Consumer. If you are a Consumer, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a paid Plan or a purchase of Credits within 14 days of the day you subscribe or buy, without giving a reason. By subscribing or buying Credits you expressly request that we start providing the Service at once, before that 14-day period ends, and you acknowledge that:
(a) if you cancel a paid Plan within the 14 days, we will refund what you paid less an amount in proportion to the Service provided up to the time you told us you wished to cancel; and
(b) Credits are made available for use immediately and expire at the end of the day you buy them, so the service they represent is fully performed within the 14-day period; once your Credits have been used or have expired you lose the right to cancel that purchase and no refund is due.
To cancel, tell Sundae or contact us at the address in clause 32. You may use the model cancellation form in Schedule 3, but you do not have to.
19.3 Other refunds. Apart from clause 19.2, clause 23.3 and clause 24.3, and except where Applicable Law gives you a right to a refund, all payments to us are non-refundable. We may give a refund or credit in our discretion without creating any obligation to do so again.
19.4 Deleting your Account. Deleting your Account ends any paid Plan. Any period already paid for is not refunded except as stated in this clause 19 or required by law.
20. Privacy, data and security
20.1 Privacy Policy. Our Privacy Policy explains what personal data we collect, how we use it, who we share it with, where it is processed and how long we keep it, and sets out your rights. It forms part of these Terms. In summary, and without limiting the Privacy Policy: your conversations with Sundae are stored and used to operate and improve the Service, with card numbers, security codes and passwords removed where we detect them; our staff may access conversations to deal with matters of legality, safety or troubleshooting, and each such access is logged; your message content is processed by our Model Providers, messaging providers and integration provider; a short, redacted log of recent messages is kept for administration; technical logs, error reports and usage events are sent to monitoring providers in the European Union without message text; your Environment runs on servers in Germany; and some Third-Party Providers are in the United States and process data under appropriate safeguards.
20.2 Deletion. You can delete your Account by Instruction to Sundae. On deletion we remove or render unreadable the data in your Environment, your Vault and your conversation history, subject to retention we are required or permitted to keep under Applicable Law and to copies held by Third-Party Providers under their own retention periods.
20.3 Other people's data. If you give Sundae personal data about other people, for example to send them an email or make a booking in their name, you are responsible for having a lawful basis to do so and for telling them anything the law requires. If you are not a Consumer, you are the controller of that data and we process it as your processor under the terms of the Privacy Policy.
20.4 Security. We take reasonable technical and organisational measures to protect the Service. No system is completely secure, and the Service is beta software that may contain vulnerabilities. We do not guarantee that the Service, your Environment, your Vault, your Hosted Content or your data will be secure or free from unauthorised access, loss or corruption. You accept this residual risk. If you become aware of a security incident or vulnerability affecting the Service, you must tell us promptly at the address in clause 32 and must not exploit, publicise or share it.
20.5 No export obligation. We are not obliged to provide you with copies of your Environment, files, memory or conversation history, although we may do so on request where practicable and subject to your rights under data protection law.
21. No advice, no emergencies and high-risk use
21.1 Information, not advice. Output is general information generated by AI. It is not advice, and you should not treat it as such. Sundae does not provide financial, investment, insurance, legal, tax, accounting, medical, psychological, dietary, immigration, safety or other professional or regulated advice. Where Output touches on such matters it is provided for general information only and you should consult a suitably qualified professional before acting. We are not authorised or regulated by the Financial Conduct Authority, the Solicitors Regulation Authority or any other professional regulator, and nothing in the Service is a personal recommendation or an invitation to engage in any investment activity.
21.2 Not for emergencies. The Service is not an emergency service and must not be used in any emergency. If you need urgent help, contact the emergency services directly.
21.3 High-risk use. You must not use the Service for any purpose where failure, error, delay or unavailability could lead to death, personal injury, serious property or environmental damage, serious financial loss, or breach of law, including medical treatment, the operation of vehicles, machinery, weapons or safety systems, and any safety-critical, life-critical or legally critical decision. The Service is not designed, tested or licensed for such use.
22. Prompt injection and other known risks
22.1 Untrusted content can influence Sundae. Web pages, emails, documents, search results and other content that Sundae reads in carrying out your tasks are untrusted. They may contain hidden or explicit text designed to manipulate AI systems (often called prompt injection). We filter and fence such content and require your own confirmation for consequential actions, but a malicious or malformed page, message or file can still influence what Sundae says or does within those limits. This is a known residual risk inherent in AI agents that act on the open internet, and we do not represent that it has been or can be eliminated.
22.2 You accept these risks. You accept the risks described in this clause 22 and elsewhere in these Terms. You can reduce them by: keeping your Spending Limit low; storing in the Vault only what you need; keeping your approved email recipients to a minimum; reading each approval request before you act on it; reviewing Sundae's reports; and verifying anything that matters.
22.3 Model behaviour. AI models can be inconsistent, can refuse or misperform tasks, can produce different results for the same Instruction, and can behave in ways that neither we nor the Model Provider anticipated. Changes to models or providers may change Sundae's behaviour without notice.
23. Changes, availability and suspension
23.1 Changes to the Service. Because the Service is in beta, we may change it at any time, including by adding, altering, limiting, resetting, disabling or removing any feature, Allowance, Plan, Beta Feature, model, provider, domain, address or integration, for all users or for you alone, with or without notice.
23.2 Changes to these Terms. We may change these Terms at any time. We will post the current version at sundae.md with its Effective Date. Where a change is material and adverse to you, we will give you reasonable advance notice through the Service, by email or at sundae.md, except where a change is needed to comply with law or to address a security or safety risk, in which case it may take effect immediately. Your continued use of the Service after a change takes effect is your acceptance of it. If you do not accept a change, you must stop using the Service and may delete your Account.
23.3 Paid Plans and adverse changes. If you are a Consumer on a paid Plan and a material change to these Terms or to the Service is adverse to you, you may cancel within 30 days of the change taking effect and we will refund the part of any period already paid that falls after your cancellation.
23.4 Availability. We make no commitment that the Service will be available at any time or without interruption, error or loss of data. We may suspend the Service, in whole or in part, for maintenance, upgrades, incidents, capacity management or any other reason, with or without notice.
23.5 Suspension of your Account. We may suspend, restrict, throttle or limit your Account or any feature immediately and without notice where we reasonably believe that: you have breached these Terms; your use creates risk for us, for other users, for Third-Party Providers or for third parties; we are required to do so by law, a court, a regulator or a Third-Party Provider; a payment to us has failed or been reversed; or we need to investigate suspected misuse, fraud or a security incident. We are not liable for any loss arising from suspension.
24. Termination
24.1 By you. You may end these Terms at any time by deleting your Account.
24.2 By us. We may end these Terms and close your Account: (a) immediately, if you breach these Terms, if we are required to by law or by a Third-Party Provider, or if we reasonably consider that your use creates risk; or (b) for any other reason, on reasonable notice to you. We may also discontinue the Service, or the beta, in whole or in part, at any time on reasonable notice.
24.3 Refund where we end a paid Plan. If we end these Terms or discontinue the Service under clause 24.2(b) while you are on a paid Plan, we will refund the part of any period already paid that falls after termination. No refund is due where we end these Terms under clause 24.2(a).
24.4 Effect of termination. On termination your right to use the Service ends at once. We may delete your Environment, files, memory, conversation history, Vault, Hosted Content, email address and any other data associated with your Account, and we have no obligation to retain or return any of it. Export anything you need before you delete your Account. Any sums you owe us remain payable.
24.5 Survival. Clauses 1, 2, 5.5, 6.1, 7.5, 8.6, 8.9, 16, 17.4, 20, 21, 22, 24.4, 24.5, 25, 26, 27, 28, 29, 30 and 31, and any other provision that by its nature should survive, continue to apply after termination.
25. Warranties and disclaimers
25.1 As is. To the fullest extent permitted by Applicable Law, the Service, every Beta Feature and all Output are provided “as is” and “as available”, without any warranty, representation, condition or term of any kind, express or implied, including any implied term as to satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, completeness, security, reliability, timeliness or uninterrupted or error-free operation, all of which are excluded.
25.2 Without limiting clause 25.1, and to the fullest extent permitted by Applicable Law, we give no warranty or representation that:
(a) any Output will be accurate, complete, current, lawful, appropriate or fit for any purpose;
(b) Sundae will carry out any Instruction correctly, completely, promptly or at all, or will ask for confirmation in any particular case;
(c) any purchase, booking, order, subscription or other transaction made through the Service will be for the right item, at the right price, in the right quantity, with the right options, or will be honoured by the Merchant;
(d) the Vault, the Spending Limit, the Hand-over, the approved-recipient list, the confirmation checks or any other control will operate correctly or at all in any instance;
(e) the Service, your Environment, your Vault or your data will be secure or free from unauthorised access, loss or corruption;
(f) emails will be delivered, reminders will fire or background tasks will run; or
(g) any Third-Party Provider, Connected Service, Merchant or other third party will perform.
25.3 Consumers. If you are a Consumer, nothing in this clause 25 affects your statutory rights, including, where they apply, your rights under the Consumer Rights Act 2015 that services be performed with reasonable care and skill and that digital content be of satisfactory quality, fit for purpose and as described. For those purposes, the description of the Service is the description in these Terms, including its beta status and the limitations, risks and design intentions described here, and the quality a reasonable person would expect of beta software provided free or at the price charged is to be judged accordingly.
26. Limitation of liability
26.1 What we do not exclude. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of a term implied by law that cannot be excluded or limited; or (d) any other liability that cannot be excluded or limited by Applicable Law. Where Applicable Law gives you rights as a Consumer that cannot be excluded or limited, this clause 26 applies only to the extent permitted.
26.2 No liability for Sundae's actions and Output. Subject to clause 26.1, and to the fullest extent permitted by Applicable Law, we shall have no liability to you, in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, arising out of or in connection with:
(a) any purchase, booking, order, subscription, registration, payment or other transaction with a Merchant or other third party made through the Service, including the wrong item, price, quantity, options, delivery, recipient or Merchant, any fee, charge or tax, any failure by the Merchant to deliver or perform, and any inability to cancel, return or obtain a refund;
(b) any payment made using the Vault, Onelink or a Hand-over, including a payment made following a Vault Approval, a payment above, below or at the Spending Limit, a payment where the total was misread or not read, or a payment approved by anyone able to use your device;
(c) any action taken, or not taken, by Sundae on or within the scope of your Instructions or the authority in clause 5.6, including an action you did not intend or that Sundae should have asked about first;
(d) any error, omission, inaccuracy or inappropriateness in Output, or any reliance you place on it;
(e) any account created, or any action taken through a Connected Service, in your name;
(f) any email sent or received through Sundae's address, and any Hosted Content;
(g) any loss, corruption, unavailability or deletion of Your Content, your Environment, your files, your memory, your conversation history, your Vault or your Hosted Content, and any loss of a passkey;
(h) any unauthorised access to your Account resulting from your device, phone number, messaging account, passkeys, links or codes, or from anyone you allowed to use them;
(i) prompt injection or any other manipulation of Sundae by third-party content;
(j) any act, omission, failure, change or data handling of any Third-Party Provider, Connected Service, Merchant, messaging channel or other third party;
(k) any reminder that does not fire or background task that does not run, or runs late or more than once;
(l) any Beta Feature;
(m) any suspension, interruption, change, withdrawal or discontinuance of the Service or any part of it; or
(n) any use of the Service in breach of these Terms or contrary to clause 21.
26.3 Types of loss. Subject to clause 26.1, and to the fullest extent permitted by Applicable Law, we shall not be liable for: any loss of profit, revenue, business, contracts, opportunity, goodwill or reputation; any loss of or damage to data; any loss of anticipated savings; any wasted expenditure; any cost of procuring substitute goods or services; or any indirect, special or consequential loss, in each case however arising and even if foreseeable. If you are a Consumer, we are not liable to you for any business loss, and we are not liable for any loss that was not a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
26.4 Overall cap. Subject to clauses 26.1 to 26.3, and to the fullest extent permitted by Applicable Law, our total aggregate liability to you arising out of or in connection with these Terms and the Service, from all causes and in any twelve-month period, shall not exceed the total amount you paid to us for the Service in that twelve-month period. Where you have paid nothing to us in that period, we shall have no liability to you other than the liability that clause 26.1 says we do not exclude.
26.5 Why these limits are fair. You acknowledge that the Service is beta software offered free or at a low price, that these Terms disclose its limitations and risks in detail, that you decide which tasks to give Sundae and which controls to set, and that we would not offer the Service without the exclusions and limits in clauses 25 and 26. They are a fair allocation of risk between us.
26.6 Avoidable loss. Subject to clause 26.1, we are not liable for any loss that you could have avoided by taking reasonable care, including by reading an approval request before acting on it, setting an appropriate Spending Limit, keeping your device and credentials secure, reviewing Sundae's reports, verifying Output before relying on it, keeping copies of your data, or telling us promptly about a problem.
26.7 Our people. Our directors, officers, employees, contractors and Third-Party Providers have no personal liability to you in connection with the Service, and may rely on this clause 26 under the Contracts (Rights of Third Parties) Act 1999.
27. Your responsibilities and compensation
27.1 You agree that you will: comply with these Terms and Applicable Law; keep your device, messaging accounts, passkeys, links and codes secure; read every approval request and confirmation before acting on it; set and maintain a Spending Limit appropriate to you; review Sundae's reports and verify Output before relying on it; keep your own copies of anything you need; and tell us promptly about any error, incident or unauthorised use.
27.2 Compensation. To the extent permitted by Applicable Law, you will compensate us, and our directors, officers, employees and contractors, for any loss, liability, damage, cost (including reasonable legal costs) and expense that we suffer or incur as a result of any claim or demand by a third party, any regulatory action, or any chargeback, fine or penalty, arising out of: (a) your breach of these Terms or of Applicable Law; (b) Your Content, your Hosted Content or any email sent through Sundae's address; (c) your dealings with any Merchant, Connected Service or other third party through the Service; or (d) any use of your Account by anyone you allowed to use it, in each case except to the extent caused by our breach of these Terms or our negligence. If you are a Consumer, this clause applies only to losses that are a reasonable and foreseeable consequence of the matters listed and that we could not reasonably have avoided.
28. Business users
28.1 The Service is designed for personal use by Consumers. If you are not a Consumer, or you use the Service for business purposes, then in addition to the rest of these Terms:
(a) the rights and protections that these Terms give to Consumers, including clauses 19.2, 23.3, 25.3 and the Consumer-specific limits in clauses 26.3 and 27.2, do not apply to you;
(b) all terms implied by statute or common law, including under the Supply of Goods and Services Act 1982, are excluded to the fullest extent permitted by law;
(c) you are the controller of any personal data in Your Content and we act as your processor under the Data Processing Addendum published at sundae.md, which forms part of these Terms for you; no other data processing agreement applies unless we have signed one;
(d) you confirm that you have not relied on any statement, representation or warranty not set out in these Terms; and
(e) the exclusions and limits in clauses 25 and 26 apply in full.
29. Complaints and disputes
29.1 Tell us first. If you have a complaint or a dispute with us, please contact us at the address in clause 32 with details of the problem. We will acknowledge your complaint and aim to respond substantively within a reasonable time, normally within 15 business days.
29.2 Alternative dispute resolution. We are not obliged to use, and do not currently participate in, any alternative dispute resolution scheme. We may propose mediation or another process for a particular dispute, and nothing in these Terms prevents you from bringing a claim in court.
29.3 Disputes with Merchants and third parties. Any dispute about a purchase, booking, payment, Connected Service, email, Hosted Content or other dealing with a third party is between you and that third party. We may, but are not obliged to, provide information that may help you resolve it.
30. General
30.1 Entire agreement. These Terms, together with the Privacy Policy and any Plan or pricing page they refer to, are the entire agreement between you and us about the Service and replace all earlier agreements, statements and understandings about it. Nothing in this clause limits liability for fraud or excludes any right a Consumer has under Applicable Law.
30.2 Assignment. We may transfer our rights and obligations under these Terms to another organisation, including on a sale of our business or the Service; we will tell you if this happens and will ensure that the transfer does not reduce your rights. You may not transfer your rights or obligations under these Terms to anyone else.
30.3 Third-party rights. Except as stated in clause 26.7 and clause 27.2, no one other than you and us has any right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
30.4 Severance. Each clause and sub-clause operates separately. If any court or authority decides that any of them is unlawful, unfair or unenforceable, it will be treated as modified to the minimum extent necessary to make it enforceable, or, if that is not possible, deleted, and the rest of these Terms will continue in full force.
30.5 No waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you, that does not mean that you do not have to do it or prevent us from taking steps later.
30.6 Events outside our control. We are not liable for any failure or delay in performing our obligations caused by anything outside our reasonable control, including failures of Third-Party Providers, messaging channels, networks, power or hosting, cyber attack, industrial action, government action, epidemic, or the acts or omissions of Merchants and other third parties.
30.7 Notices. We may give you notices through the Service, by message to the phone number or messaging identity associated with your Account, by email to any address you have given us, or by posting at sundae.md. You may give us notice at the address in clause 32. A notice is treated as received when sent, in the case of a message or email, or when posted, in the case of a posting at sundae.md.
30.8 Electronic contracting. You agree that these Terms, and any notice, confirmation or Instruction, may be given and accepted electronically, including by message, tap or passkey, and that this has the same effect as a signed document.
30.9 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us.
30.10 Language. These Terms are written in English. Any translation is for convenience only and the English version prevails.
31. Governing law and jurisdiction
31.1 These Terms, their subject matter and their formation, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the law of England and Wales.
31.2 You and we agree that the courts of England and Wales have exclusive jurisdiction over any such dispute or claim, except that if you are a Consumer resident in Scotland you may also bring proceedings in Scotland, and if you are a Consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland.
31.3 If you are a Consumer resident outside the United Kingdom, nothing in this clause 31 deprives you of the protection of any mandatory provision of the law of the country in which you are resident, or of any right to bring proceedings there, where Applicable Law gives you that right.
32. How to contact us
32.1 You can contact us by messaging Sundae and asking to contact support, or by post to Sundae Bar AI PLC, c/o Druces LLP, 6th Floor, 99 Gresham Street, London EC2V 7NG, United Kingdom.
32.2 Sundae Bar AI PLC is registered in England and Wales with company number 13714088.
Schedule 1: Acceptable Use Policy
This Acceptable Use Policy forms part of the Terms of Use for Sundae. Capitalised words have the meanings given in the Terms. The uses of the Service listed in paragraph 1 are prohibited, whether you carry them out yourself, through an Instruction to Sundae, through Output, through Hosted Content or through Sundae's email address.
1. Prohibited uses
You must not use the Service, and must not instruct or allow Sundae, to:
(a) break any Applicable Law, or help anyone else to do so;
(b) infringe, misappropriate or violate anyone's intellectual property, privacy, confidentiality, publicity or other rights;
(c) harass, threaten, abuse, defame, stalk, intimidate or discriminate against anyone, or incite hatred or violence;
(d) access, use, monitor or interfere with any account, device, system, network or data without clear authority to do so, including by using another person's credentials or by creating accounts in another person's name without their consent;
(e) circumvent, disable or interfere with any security, bot-detection, rate limit, paywall, access control, CAPTCHA, age or identity check, or similar measure on any website or service, or ask Sundae to solve or bypass such a measure;
(f) send unsolicited or bulk messages, email or communications, or messages that are deceptive, misleading or sent without any consent the law requires;
(g) impersonate any person or organisation, or misrepresent your identity, affiliation or authority, including by using Sundae's email address or Hosted Content to do so;
(h) obtain, publish or use personal data about any person without a lawful basis, or compile personal data about individuals from multiple sources;
(i) create, publish or distribute Content that is sexually explicit, that sexualises or endangers children, that depicts or promotes violence, self-harm, terrorism or extremism, or that is otherwise unlawful or seriously objectionable;
(j) engage in, or assist, fraud, money laundering, terrorist financing, sanctions evasion, tax evasion, bribery, market abuse or any other financial crime;
(k) buy, sell, trade or transfer securities, cryptoassets, foreign exchange or other financial instruments, use cryptocurrency exchanges, wallets or bridges (other than an integration we expressly provide), or gamble;
(l) buy, sell or obtain weapons, controlled drugs, counterfeit goods, stolen goods, or any product or service that is illegal to buy or sell in the place where you are or where the Merchant is;
(m) scrape, crawl, mine or extract data from any website or service in breach of its terms or of Applicable Law, or at a volume or rate likely to disrupt it;
(n) upload, run, publish or distribute malware, phishing pages, exploits, or code designed to damage, disrupt, exfiltrate from or gain unauthorised access to any system;
(o) attack, probe, overload or interfere with the Service, our infrastructure, any Third-Party Provider or any third party, or attempt to escape or tamper with your Environment;
(p) attempt to extract, reverse engineer or manipulate our prompts, models, configuration or safety controls, or to make Sundae act outside the limits in the Terms (including by jailbreaking or prompt injection);
(q) use the Service in any way that is high-risk as described in clause 21.3 of the Terms, or for medical, legal, financial or other regulated advice to third parties;
(r) use the Service to develop, train or improve a competing product or model, or to resell, sublicense or provide the Service to third parties;
(s) exceed, share, pool or circumvent Allowances, limits or Plans, or create multiple Accounts;
(t) use the Service in any way that could bring us, the Service or any Third-Party Provider into disrepute, or that exposes us to legal, regulatory, reputational or financial risk; or
(u) ask Sundae to do anything that it has told you it will not do, or to do anything on a website or service that prohibits it.
2. Hosted Content and email
In addition, Hosted Content must not collect credentials, payment details or personal data from visitors unless you have a lawful basis and comply with Applicable Law; must not imitate any real organisation, service or login page; and must not contain any of the Content prohibited above. Email sent through Sundae's address must be sent only to recipients who have agreed to receive it or whom you are lawfully entitled to contact, and must not be used for marketing to anyone who has not consented.
3. Enforcement
We decide, in our reasonable discretion, whether use breaches this Acceptable Use Policy. We may remove Content, decline Instructions, suspend or restrict features, suspend or terminate your Account, and report conduct to authorities or third parties, as described in clause 15 of the Terms. We may update this Acceptable Use Policy as described in clause 23 of the Terms.
Schedule 2: Third-Party Providers
The Third-Party Providers we use at the Effective Date are listed below. Providers listed below may change without notice, as described in clause 17 of the Terms. The current list is maintained in the Privacy Policy.
| Fireworks AI | Model Provider hosting the large language models that make Sundae's decisions and generate its text Output (at the Effective Date including models known as Kimi K3, DeepSeek Flash and MiniMax M3, selected per task). United States. |
| fal.ai | Generation of images, video and voice Output. United States. |
| Arcade | Integration provider through which Connected Services such as Google Calendar, Gmail, Slack and Notion are connected and used. United States. |
| Sendblue | Messaging provider for the iMessage channel. United States. |
| Meta Platforms | Operator of the WhatsApp Business platform used for the WhatsApp channel. United States and Ireland. |
| Stripe | Payment processor for payments made to us. United States and Ireland. |
| Onelink | Wallet provider for the opt-in Onelink payment integration. Subject to Onelink's own terms. |
| Cloudflare | Hosting, networking, security and link services for the Service and for Hosted Content. United States, with European points of presence. |
| Hosting provider (Germany) | Servers in Germany on which your Environment runs. |
| Grafana Cloud, Sentry and PostHog | Monitoring, error reporting and product analytics, receiving technical logs, error reports and usage events without message text. European Union. |
| Slack | Internal staff notifications of payment events (masked identifier, amount, site and method only). United States. |
Schedule 3: Model Cancellation Form
If you are a Consumer and wish to cancel a paid Plan or a purchase of Credits under clause 19.2, you may use this form. You do not have to use it: a message to Sundae or an email to us saying that you want to cancel is enough. This form follows Part B of Schedule 3 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To: Sundae Bar AI PLC, c/o Druces LLP, 6th Floor, 99 Gresham Street, London EC2V 7NG, United Kingdom.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*]: ..........................................................
Ordered on [*]/received on [*]: ..........................................................
Name of consumer(s): ..........................................................
Address of consumer(s): ..........................................................
Phone number or messaging identity used with Sundae: ..........................................................
Signature of consumer(s) (only if this form is notified on paper): ..........................................................
Date: ..........................................................
[*] Delete as appropriate.