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Last updated: March 3, 2026
Important: By accessing or using Sundae's services, you agree to be bound by these Terms of Service. Please read them carefully.
These Terms of Service (the "Terms") govern your access to and use of the Sundae websites, applications, platforms, and related products (collectively, the "Services"), including the Sundae Report benchmarking and analytics module.
These Terms form a legally binding agreement between Sundae Technologies Inc., a company incorporated in Delaware, United States, trading as “Sundae” and operating the domains sundae.io, sundaetech.ai, sundaetech.io, and sundaetechnologies.com (referred to as “Sundae”, “we”, “us”, or “our”), and the entity or individual accepting these Terms (the “Customer”, “you”, or “your”). Sundae Technologies Inc. may provide services directly or through authorized affiliates, resellers, or regional partners.
By accessing or using the Services, or by clicking "I Agree" (or similar), you agree on behalf of yourself and, if applicable, the entity you represent, to be bound by these Terms. If you do not accept these Terms you must not access or use these Services.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, in which case "you" and "your" refer to that entity.
These Terms apply to all visitors, users, and others who access or use the Services.
Enterprise and Commercial Subscriptions. In certain territories, commercial subscriptions to the Services are sold and administered through authorised resellers and regional partners (such as Ambia Global Technologies Ltd in the DIFC, Dubai). Where you enter into a separate subscription agreement with an authorised reseller, that agreement governs the commercial terms of your subscription (including fees, billing, and local support), and these Terms continue to govern your use of the Platform, intellectual property rights, data rights, and acceptable use. In the event of a conflict between your reseller subscription agreement and these Terms on matters of platform usage, IP, or data rights, these Terms shall prevail; on commercial matters (fees, billing, term), the reseller agreement shall prevail.
For purposes of these Terms:
Sundae provides AI-powered decision-intelligence solutions primarily for restaurants and hospitality businesses. Our Services may include, without limitation:
We may add, modify, or discontinue features or modules from time to time (see Section 12).
You may use the Services only if you (a) are at least 18 years old; and (b) have the legal capacity to enter into a binding contract under applicable law.
To access many features of the Services, you must create an account and provide accurate, current, and complete information. You agree to keep this information up to date.
If you create an account on behalf of a business, you represent that you are authorized to do so.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:
You may use the Services only for your internal business purposes and in compliance with these Terms and all applicable laws and regulations. You agree not to:
We may, in our sole discretion, suspend or terminate access for violations of this Section (see Section 18).
You retain all rights, title, and interest in and to your Customer Data, subject to the licenses you grant to Sundae under these Terms.
By submitting or uploading Customer Data to the Services, you grant Sundae a non-exclusive, worldwide, royalty-free license to use, store, host, copy, process, analyze, transmit, and display the Customer Data solely:
For Sundae Report, you grant additional rights in respect of Aggregated Data and Benchmark Data as set out in Section 13.
Sundae may generate Usage Data regarding your use of the Services. We may combine Customer Data and Usage Data to create Aggregated Data and Benchmark Data, which we may use:
Sundae exclusively owns all rights, title, and interest in Aggregated Data and Benchmark Data, provided that such data does not identify you or any individual.
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. The Privacy Policy is incorporated into these Terms by reference.
We implement industry-standard technical and organizational measures to protect Customer Data, including encryption in transit and at rest, access controls, and monitoring. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.
You represent and warrant that:
You are responsible for configuring and using the Services in a manner that complies with applicable law.
The Services and their original content, features, and functionality are owned by Sundae and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Sundae retains all rights, title, and interest in and to the Services, including all related intellectual property rights. You may not remove, alter, or obscure any proprietary notices from the Services.
Subject to your compliance with these Terms and applicable Order Forms, Sundae grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during your subscription term for your internal business purposes only.
You may not resell, redistribute, white-label, or provide the Services or outputs to third parties as a stand-alone service, unless we agree in writing.
Some parts of the Services are provided free of charge; others require payment of subscription or usage-based fees as described in the applicable Order Form or pricing page. All fees are quoted in U.S. dollars unless otherwise specified. You are responsible for paying all fees and applicable taxes.
Unless otherwise specified, subscriptions are billed in advance on a monthly or annual basis and automatically renew at the end of each billing period at the then-current rates, unless you cancel prior to renewal.
You may cancel your subscription at any time via your account settings or by contacting us. Cancellation takes effect at the end of the current billing cycle. Fees are non-refundable unless otherwise expressly stated in writing.
If you fail to pay fees when due, we may suspend or limit your access to the Services until payment is received.
Fees are exclusive of any applicable taxes, duties, or similar charges. You are responsible for all such amounts (excluding taxes based on Sundae's net income).
If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Sundae a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works of, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.
We aim to make the Services available on an ongoing basis but do not guarantee uninterrupted or error-free operation.
We may:
Any beta or pre-release features are provided "as is" without warranties and may be discontinued at any time.
This Section applies specifically to your use of Sundae Report and supplements the other sections of these Terms. In case of conflict, this Section prevails for Sundae Report.
Sundae Report is a restaurant decision-intelligence and benchmarking platform that enables restaurants and food service establishments to compare their performance metrics against anonymized industry peers through the aggregation and analysis of POS and operational data.
You agree to provide accurate and complete POS and operational data by:
This data may include, without limitation: sales transactions, revenue figures, item-level sales, customer counts, time-stamped transaction data, payment methods, discounts and promotions, and other operational metrics.
Before your data is included in Benchmark Data and shared as part of benchmarking outputs:
You acknowledge that no anonymization method is perfect, but we will use commercially reasonable efforts to ensure that individual restaurants cannot be identified from the Benchmark Data. Sundae applies reasonable minimum thresholds for peer-group sizes and other statistical techniques intended to reduce the risk of re-identification to a level where re-identification cannot reasonably be achieved by any person. For the avoidance of doubt, Aggregated Data and Benchmark Data that has been anonymised in accordance with this Section does not constitute personal data or Customer Data for the purposes of these Terms.
By uploading data to Sundae Report, you grant Sundae a worldwide, perpetual, irrevocable, royalty-free license to:
This license survives termination of your account with respect to Aggregated Data and Benchmark Data already created.
Subject to your compliance with these Terms and payment of applicable fees, Sundae grants you a limited, non-exclusive, non-transferable license to access and use Sundae Report and the benchmarking outputs for your internal business analytics and decision-making.
In addition to the general restrictions in Section 5, you agree that you will not:
Each party may receive non-public, confidential information of the other party ("Confidential Information"). Confidential Information includes Customer Data, product roadmaps, pricing, business plans, and any information marked or reasonably understood to be confidential.
The receiving party will:
Confidential Information does not include information that is (a) publicly available without breach; (b) received from a third party without confidentiality obligation; (c) independently developed; or (d) required to be disclosed by law (with reasonable notice if legally permitted).
Aggregated Data and Benchmark Data that do not identify you are not your Confidential Information.
THE SERVICES (INCLUDING SUNDAE REPORT, BENCHMARK DATA, AND ALL AI-GENERATED OUTPUTS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNDAE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
You are solely responsible for how you interpret and act upon any outputs, insights, recommendations, or decisions derived from the Services, including without limitation pricing decisions, staffing levels, inventory actions, menu engineering changes, marketing spend allocation, or any other operational or strategic decisions. The Services are designed to inform and support human decision-making, not to replace it. Sundae does not guarantee that acting on any output or recommendation will produce any particular business outcome, and shall not be liable for any loss or damage arising from your reliance on such outputs.
You agree to indemnify, defend, and hold harmless Sundae and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNDAE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES.
IN NO EVENT SHALL SUNDAE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF:
Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases, our liability will be limited to the maximum extent permitted by law.
These Terms take effect when you first access or use the Services or agree to them, and continue until terminated as described below.
You may terminate your account and stop using the Services at any time through your account settings or by contacting us. Any prepaid fees are non-refundable unless otherwise stated in writing.
You may request deletion of identifiable Customer Data by contacting us at legal@sundae.io within sixty (60) days of termination. You acknowledge that Customer Data is sourced from your own operational systems (POS, ERP, delivery platforms, etc.) and that you retain independent access to such data through those systems at all times. Sundae will use reasonable efforts to delete identifiable Customer Data within ninety (90) days of a valid deletion request, except where retention is required by law, necessary for dispute resolution, or contained in routine backup archives (which will be deleted in the ordinary backup rotation cycle). For the avoidance of doubt, Aggregated Data and Benchmark Data that does not identify you or any individual is not subject to deletion requests and may be retained and used by Sundae indefinitely in accordance with Section 13.4.
We may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice if:
Upon termination:
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
The parties irrevocably agree that the state and federal courts located in the State of Delaware shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
We may modify these Terms from time to time. If we make material changes, we will provide notice (for example, by email, in-app notification, or by updating the "Last Updated" date).
By continuing to access or use the Services after the updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms (in whole or part) without your consent to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Entire Agreement. These Terms (together with the Privacy Policy and any applicable Order Forms) constitute the entire agreement between you and Sundae regarding the Services and supersede all prior or contemporaneous agreements.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Notices. We may send notices to you by email to the address associated with your account or via in-app notifications. You may send legal notices to us at the address below.
If you have any questions about these Terms or the Services, please contact:
Sundae Technologies Inc.
1007 N Orange St, 4th Floor, Suite 1382
Wilmington, DE 19801, United States
Email: legal@sundae.io
If you have any questions or concerns about these Terms of Service, please don't hesitate to contact us.
1007 N Orange St
4th Floor, Suite 1382
Wilmington, DE 19801
United States