Terms of Service

These Terms are between Sundae Technologies Inc., a Delaware corporation (“Sundae”, “we”, “us”), and the person or legal entity accepting them (“Customer”, “you”). If you accept for an organization, you represent that you have authority to bind it. Authorized users, employees and other persons invited by Customer may use the Services only within Customer’s account and permissions.

An order form, quote, checkout record or reseller agreement identifies the package, modules, locations, users, term, fees, currency and any service levels. If there is a conflict, the order form controls commercial terms; the DPA controls personal-data processing; these Terms control platform use, intellectual property, acceptable use and general service rules. A reseller may supply local billing or support, but cannot change Sundae’s platform, IP or data obligations unless expressly agreed in writing.

“Services” means Sundae Core, Sundae Crew and related websites, apps, APIs, partner/embed surfaces, support and documentation, including only the modules enabled for Customer’s package and region. Core may include Pulse, Benchmark, Watchtower, Insights, Ask Sundae, Foresight, Profit Recovery, automations, reports and connected-data analytics. Crew may include People/HR, recruiting, scheduling, time and attendance, leave, documents, benefits, compensation, workforce intelligence, employee self-service, payroll readiness, payslips, statutory/export workflows and partner syncs.

“Customer Data” means data submitted, uploaded, generated or connected by or for Customer, including POS, delivery, inventory, purchasing, reservations, accounting, marketing, guest, employee, applicant, contractor, attendance, compensation, payroll, document and integration data. “Usage Data” means technical, diagnostic, security, device, feature and account activity data. “Aggregated Data” means data processed so it does not identify Customer or a natural person and cannot reasonably be re-identified using the methods Sundae applies. “Outputs” means analytics, forecasts, reports, recommendations, generated text, files and other results returned by the Services.

Customer must provide accurate account, organization, legal-entity, billing, country, currency and contact information; maintain credential security; assign least-privilege roles; and promptly remove departed users. Customer is responsible for its organization hierarchy, outlet/site scope, employment relationships, payroll configuration, source-system permissions and all actions taken by its users.

Customer must provide all notices and lawful bases required for people whose data it submits, including employees, applicants, contractors, guests, beneficiaries, emergency contacts and event/delivery contacts. Customer must minimize sensitive data, configure retention and access appropriately, and respond to data-subject requests that concern Customer’s own processing. Customer must not use the Services to make a solely automated decision that produces legal or similarly significant effects on a person without required human review and safeguards.

Customer and its users must not: break the law; infringe rights; bypass tenancy, scope or security controls; probe or disrupt systems; upload malware; scrape or bulk-download without written permission; reverse engineer except where non-waivable law permits; attempt to re-identify benchmark data; use Outputs to train a competing service without permission; transmit credentials or full payment secrets in support channels; or use the Services for emergency, safety-critical or unlawful employment decisions.

Sundae may suspend access proportionately where necessary to protect users, data, systems, a provider, or legal compliance. Where practicable, Sundae will give notice and an opportunity to cure.

Customer owns or controls Customer Data and grants Sundae a limited, worldwide, non-exclusive license to host, copy, transmit, organize, analyze and otherwise process it only to provide, secure, support, bill for and improve the Services as described in the Privacy Policy, DPA and Customer’s instructions. Sundae may use Usage Data and properly Aggregated Data for operations, product development, research, benchmarking and market insights.

For Customer Data, Customer generally determines the purposes and means of processing and Sundae acts as processor/service provider. Sundae acts as an independent controller for its own account, website, marketing, support, security, fraud prevention, billing, legal records and product-usage purposes. The DPA and Privacy Policy describe the parties’ responsibilities, subprocessors, transfers, retention and rights process.

Ask Sundae and Crew AI features are assistive systems. Requests may be transformed, scoped, redacted, logged and sent through Sundae’s controlled AI gateway to approved model providers. AI usage may consume plan credits or usage allowances. Sundae does not represent that an Output is accurate, complete, current, unbiased, legally compliant or unique.

Customer must review Outputs before relying on them, especially for staffing, pay, leave, performance, recruiting, benefits, compliance, pricing, purchasing, marketing, customer treatment or external communications. Outbound actions require the approval controls shown in the Services. Customer remains responsible for employment decisions, payroll instructions and published content. Sundae will not knowingly use identifiable Customer Data to train a general-purpose model except as expressly agreed in writing; Aggregated/De-identified data may be used as described in the Privacy Policy.

Crew is workforce-management software, not an employer, professional employer organization, payroll provider, tax adviser, law firm, benefits fiduciary or government filing authority. Payroll features support readiness, calculations based on configured inputs, payslips, exports, partner rails and evidence; availability and accuracy vary by country pack, entity, provider and package.

Customer and its payroll provider remain responsible for worker classification, wage/hour rules, tax treatment, deductions, garnishments, leave, benefits, pension/social-security obligations, filings, payment instructions, deadlines, employee notices and correcting source data. A generated file, “ready” status, export, transmission or provider response is not a representation that wages were paid or a filing was accepted. Customer must independently review and approve every payroll run and statutory output.

Customer may connect POS, HRIS, payroll, accounting, delivery, reservations, CRM, marketing, banking and other systems through supported connectors, APIs, webhooks, SFTP or uploads. Customer authorizes Sundae to access and exchange the selected data and is responsible for the third party’s terms, permissions, accuracy, outages and charges. Syncs may be delayed or eventually consistent; disabling a connector stops future access but does not automatically delete historical data. Partner and reseller access is limited to the scopes authorized by Customer and the applicable agreement.

Sundae may combine Customer Data and Usage Data into Aggregated Data and benchmarking outputs. Sundae applies reasonable de-identification, suppression and peer-group thresholds designed to prevent a customer, employee or guest from being identified. Customer must not attempt re-identification or infer another participant’s confidential information. Sundae owns Aggregated Data that no longer identifies Customer or a person and may retain it after termination. No anonymization method is perfect; Sundae will not make an absolute “anonymous” guarantee.

Sundae and its licensors retain all rights in the Services, software, models, documentation, interfaces, trademarks and improvements. Subject to payment and these Terms, Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to use the enabled Services internally during the term. Customer retains its marks and Customer Data. Feedback may be used by Sundae without compensation, provided it does not disclose Customer Confidential Information.

Each party will protect the other’s non-public information using reasonable care and use it only for the relationship. Confidentiality does not apply to information that is public, independently developed, lawfully received or required by law. Sundae maintains technical and organizational safeguards including encryption in transit and at rest where supported, tenant/scoped access controls, authentication, audit logging, monitoring, backups, incident response and provider controls. No system is completely secure. Sundae’s public security materials describe readiness and controls and do not create a certification or uptime warranty.

Fees, included locations/users, Crew SKUs or bundles, entitlements, usage limits, AI credits, overages, commitment terms and renewal cadence are those in the applicable order form or checkout. Unless stated otherwise, subscriptions renew for the same period at then-current rates. Customer must pay invoices and applicable VAT, GST, sales, use, withholding and similar taxes (excluding taxes on Sundae’s net income). Stripe or an authorized reseller may process payment; card data is handled under that provider’s terms.

Sundae may suspend paid features for overdue undisputed amounts after reasonable notice. Refunds, credits, cancellations and early termination are governed by the order form; mandatory local consumer or commercial law is not waived.

Sundae targets reliable service but does not promise uninterrupted or error-free operation unless an order form contains an SLA. Sundae may maintain, modify, replace or retire features and may offer beta features “as is”. Material changes that reduce core functionality will be communicated where required. Customer is responsible for maintaining supported browsers, source integrations and exports.

Either party may terminate for material uncured breach; Customer may cancel as stated in its order form. Sundae may suspend or terminate for non-payment, unlawful use, security risk or legal requirement. At termination, access ends according to the order form, and Customer may request a reasonable export of available Customer Data during the stated export window. Sundae then deletes or anonymizes data according to the DPA, Privacy Policy, statutory obligations, backup cycles, legal claims and append-only audit requirements. Aggregated Data remains with Sundae.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SUNDAE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY AND RESULTS. SUNDAE DOES NOT GUARANTEE PAYROLL, TAX, EMPLOYMENT, BENEFIT, FILING, PAYMENT, COMPLIANCE OR BUSINESS OUTCOMES. CUSTOMER MUST APPLY HUMAN REVIEW AND PROFESSIONAL ADVICE WHERE APPROPRIATE.

Customer will defend and indemnify Sundae for claims arising from Customer Data, Customer’s unlawful use, instructions, employment/payroll decisions, third-party integrations or breach of these Terms, except to the extent caused by Sundae’s own breach. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, punitive or loss-of-profit damages. Sundae’s aggregate liability is limited to the greater of fees paid for the affected Services in the preceding 12 months or US$100, except for liabilities that cannot legally be limited. An order form may provide a different negotiated cap.

Unless an order form or mandatory local law provides otherwise, Delaware law governs and courts in Delaware have exclusive jurisdiction. Nothing limits non-waivable data-protection, employment, consumer or other mandatory rights. The parties are independent contractors. These Terms, the Privacy Policy, DPA and order forms are the entire agreement; invalid provisions are narrowed, not allowed to defeat the remainder. Assignment is restricted for Customer and permitted for Sundae in a reorganization, merger or sale. Notices may be sent by email, in-app message or the legal address below.

Sundae Technologies Inc. · 1007 N Orange St, 4th Floor, Suite 1382 · Wilmington, DE 19801, United States

Legal: legal@sundae.io · Privacy: privacy@sundae.io · Security: security@sundae.io