Sunday Server Rewards Program – Terms and Conditions

Last updated: August 22nd, 2025

PLEASE READ CAREFULLY. These Terms and Conditions (the “Terms”) form a binding agreement between Sunday App, Inc. PBC (“we” or “Sunday”), and you, the individual enrolling in the Sunday Server Rewards Program (the “Program”) through the Sunday for Staff mobile application (the “SFS App”). By registering for the SFS App and participating in the Program, you agree to be bound by these Terms.

These Terms must be read alongside our Privacy Policy available at https://sundayapp.com/privacy-policy-waiters-personnel/ which explains how we collect, use, and share your personal information in connection with the Program.

We may update these Terms from time to time. If we make material changes, we will provide you with 15 days’ notice, such as by posting an update in the SFS App or sending you an email notification. Your continued use of the SFS App or participation in the Program after such notice and the effective date of the changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the SFS App and participating in the Program before the changes take effect.

Capitalized terms used in these Terms have the meanings given in Article 13 (Definitions) or in the relevant clause where they appear.

Article 1 – Overview of the Program

The Program offers an incentive to eligible Servers (each an “Eligible Server”) who may accrue promotional rewards (points or credit each a “Reward”) upon completion of specific qualifying actions during their shifts. The Program is designed to encourage the use of Sunday’s payment solution, accessible through scanning a Quick Response Code (the “QR Code Application”).

Rewards, qualifying events, and redemption terms are communicated via the SFS App and may vary by campaign, time, and location. Rewards are promotional incentives and have no cash value until redeemed.

Sunday reserves the right to modify, suspend, or terminate the Program at any time, in accordance with these Terms.

Article 2 – Eligibility and Registration

Eligibility. To participate in the Program as an Eligible Server, you must:

Be at least 18 years of age;
Work as a server in an eligible Establishment located in the United States;
Register and maintain an active Sunday for Staff account (“SFS Account”); and
Satisfy any additional eligibility criteria communicated by Sunday through the SFS App.

Non-Transferability. Participation in the Program is personal to you and may not be assigned, transferred, or sublicensed to any other person or entity. You may not share your account or access credentials with anyone else. Any such unauthorized use is strictly prohibited and may result in termination of your access to the Program.

Registration Process. To participate in the Program, you must:

Download the SFS App; the SFS App is provided to you at no charge; however, standard data and messaging rates from your mobile carrier may apply when downloading or using the SFS App. You are solely responsible for any such charges, as well as for maintaining a compatible device and internet connection.
Create an SFS Account by providing your full name, verified phone number, and a valid email address; this information is collected to verify your identity, manage your participation in the Program, communicate with you, and help prevent fraud or misuse. We may also use this information to send you service-related notifications and updates about the Program. By creating an account, you consent to the collection and use of your personal information as described in our Privacy Policy available at https://sundayapp.com/privacy-policy-waiters-personnel/.
Complete any identity verification or “Know Your Customer” (KYC) checks that may be required by Sunday or its third-party payment or service providers, which may include providing additional information or documentation. Your information will be collected and processed in accordance with our Privacy Policy and, where applicable, the privacy policies of those third party providers.
Link your SFS Account to your account in the point-of-sale (POS) software of your Establishment, This connection allows Sunday to access information about your service activity (such as closed tables) solely for the purpose of tracking performance and attributing promotional Rewards. By linking accounts, you represent and warrant that you have the necessary rights and permissions from your Establishment to authorize this connection. You further authorize Sunday to access, use, and store this information in accordance with our Privacy Policy. Sunday will not modify, add to, or delete any data within the POS system, and is not responsible for any issues arising from your failure to obtain such permissions.

You are responsible for ensuring that all information you provide is accurate and up to date. Inaccurate or outdated information may result in delayed or denied redemption of Rewards.

Notifications. By enrolling and participating in the Program, you consent to receive emails, text messages and/or push notifications from Sunday regarding the Program, including updates, performance information, promotional information about the Program, and Reward activity.

Third-Party Services and Payment Processors. Certain features of the Program rely on third-party service providers, including payment processors and identity verification vendors. By participating in the Program and linking a bank account, you authorize Sunday to share your information—including personal and transactional data—with such providers to the extent necessary to operate the Program and process Reward redemptions.

Your use of any third-party services (including account linking or disbursement) is subject to the separate terms and privacy policies of those providers, and Sunday is not responsible for their acts, omissions, or security practices. We encourage you to review the applicable terms and privacy policies before using those services.

Article 3 – Rewards

Qualifying Events
Rewards accrue as promotional incentives through qualifying events that occur during your active, on-the-clock shifts at a participating Establishment. A “qualifying event” is an action that meets the criteria described in the SFS App, which may include, for example, a Customer using the QR Code Application to pay a bill for a table you served, or other service activity attributed to you through the linked POS system.

Whether an action qualifies for a reward will be determined by Sunday in its sole discretion based on data received from the POS system and/or the QR Code Application. Only transactions and qualifying events properly linked to your SFS Account and verified as occurring during your active shift will be eligible.

Qualifying criteria may be updated from time to time and will be described in the SFS App. Any such changes will apply only to events occurring after the effective date of the update and will not affect rewards already earned or pending under prior criteria.

Sunday reserves the right to modify, suspend, or discontinue the qualifying criteria or rewards structure at any time, subject to applicable law.

Reward Amount. Reward amounts and conditions for earning them are determined by Sunday and displayed in the SFS App. They may vary depending on campaign, time, location, or Establishment. All reward amounts and conditions are subject to change at Sunday’s discretion. Any such changes will apply prospectively and will not affect rewards already earned or pending under prior terms. Notwithstanding the foregoing, in no event will Sunday award more than six hundred dollars ($600) in total Rewards to any Eligible Server in a calendar year.. For the current terms and applicable Reward rules, please refer to the SFS App.

Redemption and Payout terms. Rewards are promotional points only and do not represent stored value, cash, wages, or property. Rewards have no cash value until you submit a redemption request and it is approved and processed by Sunday’s regulated third-party payment provider or issuing bank. Once redeemed, Rewards will be disbursed by such third parties.

Any display of Rewards or balances in the SFS App is for tracking purposes only and does not represent funds held by Sunday. Rewards that are accrued but not redeemed within the specified time period will expire automatically and cannot be reinstated.

To redeem Rewards, you must:

Where applicable and requested by Sunday, link a personal bank account to your SFS Account;
Be the legal owner of the linked account and authorized to receive funds;
Complete all required identity verification (KYC) and anti-money laundering (AML) checks.

Disbursements will be made in accordance with the schedule and methods provided in the SFS App. Sunday is not responsible for delays caused by incorrect or outdated account details or your non-compliance with regulatory requirements.

Sunday reserves the right, in its sole discretion, to determine, modify, or delay the payout method, timing, and any information or documentation required to process a payout. This may include requiring additional verification, updating account information, or changing the payment mechanism. You acknowledge that payouts may be delayed or withheld until all such requirements are satisfied to Sunday’s satisfaction.

Rewards that have been accrued but not redeemed will expire if the venue at which they were accrued ceases to use Sunday’s services prior to redemption or if your relationship with the Employer ceases.

Reversal of Rewards. We reserve the right to reverse Rewards in cases where:

The underlying transaction is refunded, voided, canceled or otherwise deemed invalid by the Establishment or payment processor;
Rewards were earned through error, fraud, misuse of the SFS App or breach of these Terms;
You fail to maintain an active, eligible SFS Account in good standing.

Improperly issued rewards may be recovered (e.g., by offsetting future payouts). By participating, you authorize such reversals and off-sets.

Article 4 – Duration, Modification and Termination of the Program

Sunday may modify, suspend, or terminate the Program at any time, with or without notice. Modifications may apply on an individual basis or to the Program as a whole. If the Program is temporarily paused due to system issues or other disruptions, Sunday will notify participants. No Rewards will be generated during such suspension periods.

Article 5 – No Employment Relationship

Promotional Incentives. Rewards are promotional incentives offered by Sunday and are not wages, tips, or compensation from your Employer/Merchant. Rewards are not a substitute for wages owed to you by your Employer.

Independent Status. Participation in the Program is entirely voluntary and does not create any employment, partnership, agency, or joint venture relationship between you and Sunday. You act as an independent individual.

No Employment Benefits. You will not be entitled to and nothing in these Terms shall be construed as providing any compensation, benefits, or protections that Sunday provides to its employees, including but not limited to minimum wage, overtime, insurance coverage, tax withholding, unemployment benefits, or workers’ compensation.

No Authority to Bind. You do not have the authority to act on behalf of or bind Sunday in any manner. You are not authorized to make any representations or commitments on behalf of Sunday.

Responsibility for Taxes and Legal Obligations. You are solely responsible for reporting and paying any applicable taxes or other legal obligations arising from your receipt of Rewards. Rewards may constitute taxable promotional income. Sunday is not responsible for your tax compliance or liabilities.

Article 6 – General Rules

Sunday may suspend or remove participants who misuse the Program or violate these Terms.

The Program is available only to individuals who satisfy all eligibility and registration requirements. Corporations, associations, or other organizations may not participate.

All questions or disputes regarding eligibility for the Program or compliance with these Terms will be resolved by Sunday in its sole discretion.

To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to the Program or these Terms shall be resolved exclusively through final and binding individual arbitration, rather than in court, under the rules of the American Arbitration Association (AAA). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

You further agree to waive any right to participate in a class, collective, or representative action or arbitration related to any dispute with Sunday. All claims must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Sunday is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.

Program performance and eligibility for Rewards are determined based on data processed and/or extracted by Sunday, including data received from third-party platforms such as point-of-sale providers. In the event of any discrepancy between data calculated or displayed in a third-party system and the data used by Sunday, the data as processed by Sunday shall control. Sunday does not guarantee that metrics visible in third-party platforms will match those used to evaluate Program performance.

Article 7 – Intellectual Property

All intellectual property related to the SFS App and the Program (including content, branding, and software) belongs exclusively to Sunday. Nothing in these Terms transfers any ownership rights to you. You are granted a limited, personal, revocable, non-exclusive, and non-transferable license to use the SFS App solely for participation in the Program in accordance with these Terms. You may not reproduce, modify, distribute, sell, or otherwise exploit the SFS App or any of its components for any other purpose.

Feedback. If you submit any suggestions, ideas, feedback, or other information about the SFS App or the Program (“Feedback”), you agree that Sunday shall have the unrestricted, worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you. You waive any rights you may have in the Feedback and acknowledge that it is not confidential.

Article 8 – Liability

Availability. The SFS App and your SFS Account are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. Sunday does not warrant that the SFS App will be secure, uninterrupted, error-free, or meet your performance expectations.

To the maximum extent permitted by law, we expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and reliability.

We make no guarantees regarding the availability, timeliness, or accuracy of any data or content, and we are not responsible for any delays, errors, or interruptions in service. Use of the SFS App may depend on third-party platforms, services, and devices, and Sunday disclaims all liability related to their availability or performance. You assume full responsibility for your use of the SFS App and any results obtained from it.

Limitation of Liability. Sunday will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any lost profits, even if Sunday or its authorized representatives have been advised of the possibility of such damages. By participating in the Program, you waive any and all rights to such damages to the fullest extent permitted by law.

Sunday makes no representations or warranties regarding the accuracy, completeness, or consistency of data obtained from third-party platforms such as point-of-sale providers. Sunday shall not be liable for any errors, omissions, or discrepancies between such third-party data and Sunday’s calculations, including those affecting Participant eligibility or Reward determination.

Notwithstanding anything to the contrary in these Terms, to the fullest extent permitted by law, Sunday’s cumulative liability to you arising from any claims arising out of or relating to the Program or the SFS App regardless of the theory of liability (whether in contract, tort, negligence, or otherwise) shall not exceed $500. These disclaimers, exclusions, and limitations shall apply to the maximum extent permitted under applicable law, even if any remedy fails of its essential purpose.

Indemnification. You agree to indemnify Sunday for any third-party claims, losses, or damages resulting from your breach of these Terms or misuse of the Program or the SFS App.

Article 9 – Inquiries

For questions or support regarding the Program or your SFS Account, please contact our support team at support@sundayapp.com.

Article 10 – Term and Termination

You may stop participating in the Program at any time by deleting your Sunday for Staff account through the SFS App or by emailing support@sundayapp.com. Once your account is deleted, you will no longer be eligible to receive Rewards. Any Rewards owed to you will be paid within 60 days, minus any amounts owed to Sunday.

Sunday may suspend or disable your access to the Program or the SFS App if:

You violate these Terms;
You present a legal, operational, financial, or fraud risk;
We cease offering the Program
The Establishment where you work stops using Sunday services.

Any Rewards validly earned before account deactivation will still be paid in accordance with these Terms.

Article 11 – Force Majeure

Sunday will not be liable for any failure or delay in performing its obligations under these Terms, such as awarding a Reward, due to events beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, or system failures.

Article 12 – Miscellaneous

Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Server’s rights and obligations, or the rights and obligations of Sunday in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Delaware (USA), without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than State of Delaware.

Entire Agreement. These Terms represent the full agreement between you and Sunday concerning the Program and supersede all prior or contemporaneous understandings, communications, and agreements, whether oral or written, regarding such subject matter. No oral or written statement not expressly contained in these Terms shall be binding. No amendment, modification, or waiver of any provision of these Terms shall be effective unless made in writing and expressly stated to modify these Terms. The failure of Sunday to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment. You may not transfer any of your rights or obligations under these Terms to another person. We may transfer our rights under these Terms, provided that your rights are not materially affected.

Independent Contractors. You and Sunday are independent parties. Nothing in these Terms creates a partnership, agency, or employment relationship.

Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Article 13 – Definitions

The following words and expressions have the meanings assigned to them in these Terms:

Customer	a patron or guest at an Establishment.
Employer/Merchant	The person or entity employing you as a Server.
Establishment	Any public venue where a Merchant provides dining or bar services to Customers (e.g., a bar, restaurant, food court, festival, stadium, or similar setting) where you are employed.
Server	an individual working as a server in an Establishment whose identifier appears in the POS system as the person who closes and/or has ownership of the table.