USER TERMS OF USE

Last updated: 5 February 2026

Welcome to sunday! sunday improves your hospitality journey, including by offering you a 360 checkout solution in all the establishments using sunday, whether it is a restaurant, a bar, a hotel, etc. (an “Establishment“).

These Terms of Use (the “Terms”) apply when you access, use or interact with sunday and our consumer services, including our website, our web-based application Sunday App (“Sunday App”) and other online services that we provide to you as described in these Terms (collectively, the “User Services”).THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 7 BELOW.

These Terms, together with our Privacy Policy available at https://sundayapp.com/privacy-policy/, form an agreement between Sunday App, Inc PBC with offices at 1175 Peachtree St. NE, Suite 1000, Atlanta, GA 30361, USA and our subsidiaries and affiliates on the one hand (together “we” or “sunday”) and you as a customer of an Establishment and/or user of the User Services on the other hand (“you”) and represent the terms and conditions of your access to and use of the User Services.

Any use of the User Services involves your prior express unreserved acceptance of the Terms. If you don’t agree to the Terms, you may not use the User Services.

From time to time, we may amend the Terms, primarily to comply with any developments of the Sunday App or any legal or technical developments. If we revise these Terms, we will update the Effective Date at the top. The Effective Date above will tell you when the Terms were last revised. Any changes we make will only be binding on you if and when you agree to the updated Terms. To the extent that these Terms have been updated from a prior version of the Terms to which you agreed, the most recent version of the Terms to which you agreed supersedes and governs. Any revised terms or policies will be made available on our website (https://sundayapp.com/) or within the Sunday App.

Section 1 – User Account

The creation of a user account on the Sunday App (the “User Account“) is not mandatory to make payments within the Sunday App, but is necessary to access some of the User Services. A User Account enables you to make checkout seamless for you, for example by enabling you to:

access your entire order history (including your receipts) and your loyalty points when you have an account with one of our partners;
benefit from a personalized experience;
contact customer service.

You can create a User Account either from sundayapp.io, at any point during your sunday payment process. You’ll have to provide your phone number in order to create your User Account and we’ll send you a text message to verify it.

When you use some of the User Services, for example if you make a sunday payment using Apple Pay, Google Pay or if you use a loyalty program linked to sunday, some of your information is stored by sunday. As an example, the details of your tokenized payment card are stored to identify you during your future sunday payments and enable you to accumulate loyalty points.

You may request that your User Account and/or your information be deleted at any time (by sending an email to support@sundayapp.com). You may change your User Account profile at any time, but you agree to provide us with valid information, including your contact details. You may not impersonate others or misrepresent your identity to us. You are responsible for ensuring that your User Account information is accurate and current at all times. Your User Account will be valid until you or sunday cancel it in accordance with these Terms, for example, if your User Account contains any untruthful information.

You are solely responsible for use of your User Account. Not having the obligation and not having the technical means to verify the identities of users who register on the Sunday App, we will not be responsible in case of usurpation of your identity. You agree to notify us immediately in the event of any unauthorized use, including breach of security or confidentiality, by sending an email to the following address: support@sundayapp.com.

Section 2 – Storage of your payment methods

While using the Sunday App, sunday gives you the option to save your card details through our payment service providers, who have the accreditations to ensure the security and confidentiality of your payment methods. This is not mandatory to make payments within the Sunday App, but it will make your payment experience faster and seamless in the future. It is necessary to access some of the User Services, in particular it is necessary to open a tab at an Establishment.

Section 3 – Using the Sunday App and the User Services

By either displaying our QR codes or by implementing our solutions anywhere in your customer journey, an Establishment may allow you to benefit from some or all of the User Services, which include, but are not limited to, the ability to:

access a menu of items and place an order;
access the bill in real time;
pay the bill quicker without waiting for the server and/or queuing at the point of sale;
leave a tip;
obtain an electronic receipt of a payment transaction;
leave a review of the Establishment;
use a loyalty program linked to sunday.

Please follow the instructions in the Sunday App to know how to use the User Services provided. As part of the User Services we do not provide a payment service to you. That is provided to you by the issuer of your payment instrument (e.g. card, e-money etc). Also, the Sunday App is not a payment instrument.

The use of the User Services may be subject to service fees. These fees are calculated based on the amount paid. The application of these fees allows you to benefit from the User Services and notably offers you real-time bill access, instant payment, the ability to split your bill in seconds, and download your receipt.

When using the User Services to pay your bill incurs service fees, it is possible to pay by credit card directly to the relevant Establishment, as such a payment method does not require payment of said fees.

3.1 Access a menu of items and place an order in real time

You may view the menu of an Establishment and place all or part of your order directly via the Sunday App. You are solely responsible for reviewing the menu and checking that it is suitable to you, including with the staff of the Establishment.

In order to use this service, you may be required to provide a name, phone number and an email address. Your email address is used to send you a confirmation of your order, your receipt, to collect your feedback and will be shared with the Establishment where you have placed your order, in case they need to contact you regarding your experience.

Alcoholic Beverage Orders. Certain Establishments may hold alcoholic beverage licenses and sell alcoholic beverage products (“Licensee”). sunday acts as a third-party technology provider to and facilitates payment processing on behalf of the Licensee and has no responsibility or liability to you or any other person for any alcoholic beverage products you may purchase from a Licensee or for any Licensee’s compliance with applicable laws, including without limitation, local regulations regarding the sale of alcohol. By placing an order through the Sunday App for alcoholic beverage products, you represent and warrant that (i) you are twenty-one (21) years or older; (ii) you are not procuring alcoholic beverage products for a person under twenty-one (21) years of age; (iii) you will provide bona fide government issued photo identification evidencing that you are twenty-one (21) years of age or older to the Licensee as a prerequisite to receiving the order; and (iv) you are purchasing alcoholic beverage products for your personal consumption and not for any commercial purpose or resale.

3.2 Pay the bill quicker without waiting for the server and/or queuing at the point of sale

You may pay all or part of the bill within the Sunday App, whether an order was placed via the Sunday App or directly with the staff of the Establishment. Your bill can be accessed by scanning a QR Code. You are solely responsible for checking the details of our bill and to ensure that they are correct before you pay.

In some cases, for example following your online reservation in an Establishment, sunday may send you a text message, including to provide you a payment link to improve and accelerate your checkout experience (‘Text-to-Pay’).

Payment of bills is made available by means authorized by the Establishment, which, depending on the markets, may include debit/credit card, online payment or meal vouchers.

By paying a bill, you agree to provide accurate information and to comply with the terms and conditions of your payment providers (credit card providers, prepaid corporate services, online payment systems, etc.) (if applicable). We will not be held responsible for your failure to comply with any of these obligations.

Once the bill is paid within the Sunday App, all of the following information is provided to the relevant Establishment: date and time of payment, card type (visa/mastercard), last 4 digits of the card. In some cases, your email address will also be shared with the relevant Establishment, in line with our privacy policy. You can access your receipt on the Sunday App or have it sent to you by email, to the address you have provided (which is automatically done when you pay with sunday using ApplePay or GooglePay).

In case of failure of payment within the Sunday App, the payment of the bill will have to be done directly with the Establishment.

3.3 Leaving a tip via the Sunday App

When you pay the bill using the Sunday App, you may, if you wish, leave a tip for the server or the staff of the Establishment in appreciation of the service received. In some cases, sunday may use algorithms to suggest tipping options. The amount you choose to leave, for which you are solely responsible, will then be added to your bill.

3.4 Donation to an association

At the time of your payment, we may present some associations for you to consider donating an amount of your choosing if you wish to do so. In no case is it mandatory or necessary to make such a donation to use the User Services.

The amount of the donation is automatically added to the total of the bill. One hundred percent (100%) of your donation will be transferred to the association.

3.5 Leave a review

You have the option to leave comments, testimonials, and satisfaction ratings about the Establishment, the quality of its products, and its service. These may be accessed by the relevant Establishments, and you also have the option to make them public. You hereby agree not to enter any content that is defamatory, derogatory, insulting, hateful or terrorist in nature, towards us, the Establishment, their staff or customers, or third parties, or that is likely to offend public order or morality or contravene the legal and regulatory provisions in force.

sunday reserves the right to eliminate any content that does not follow the guidelines listed on this section or overall may be harmful to sunday’s good name and reputation. No compensation will be provided to you in exchange for submitting your review.

3.6 Subscribe to a loyalty program linked to sunday and accumulate loyalty points through your sunday payments

When an Establishment uses a loyalty program partnered with sunday, we enable you to enroll in that program and accumulate loyalty points through your sunday payments.

Following your sunday payment or when viewing your sunday bill, you can create a loyalty account by providing your phone number. For your future sunday payments at the same Establishment or at another Establishment using the same loyalty program, your points may automatically be credited to your loyalty account. To enable this, your phone number and the amount of your payment will be shared with our loyalty partner. Our partners will process your personal data in accordance with their own privacy policies.

Section 4 – Terms of Use of the Sunday App and the User Services

Use of the Sunday App requires a smartphone and an Internet connection. In order to ensure proper functioning of the Sunday App, it is optimized for the latest versions of Android or iOS and requires activation and authorization of geolocation for its use on your terminal. All hardware and software necessary to access the Sunday App and use the User Services is at your expense.

Payment within the Sunday App implies active means of payment and attached to a solvent account.

Do’s and Don’ts of Using the Sunday App. You agree to use the Sunday App and the User Services in a fair manner, in accordance with their purpose, the applicable legal and regulatory provisions and these Terms. You must be at least 18 years of age to use the Sunday App. By downloading the Sunday App and using the User Services, you represent and warrant that you are eighteen (18) years or older.

In this respect, you agree not to, in particular:

create fictitious profiles or use other people’s User Accounts;
disclose the password or otherwise make it available to anyone else.
provide inaccurate information in the data collection forms of the Sunday App and not regularly update the information in your User Account;
disseminate data, information or content on the Sunday App contrary to the laws and regulations in force, public order or morality;
refer or create links to any content or information available on the Sunday App without our express, written and prior consent;
use any information, content or data on the Sunday App to provide a service that we deem, in our sole discretion, to be competitive with the Sunday App;
sell, trade or monetize any information, content or data on the Sunday App or the User Services without our express prior written consent
reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material used to provide all or any part of the User Services on the Sunday App;
use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the Sunday App;
endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization;
infringe or use any of our intellectual property rights;
simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
directly or indirectly disrupt or interfere with the Sunday App or the User Services, or impose a disproportionately large load on the Sunday App’s infrastructure or attempt to transmit or activate computer viruses through or on the Application.

We reserve the right to restrict, suspend, modify, replace, deny access to, or delete, at our discretion and without notice, your User Account in the event of any use of the User Services and/or the Sunday App contrary to the Terms. You will be solely responsible for any damages that may result from any breach of the above listed commitments and will indemnify sunday from any action or damages that may result.

Section 5 – Intellectual Property Rights

5.1 sunday holds all rights, including intellectual property rights, and authorizations, relating to all content of the Sunday App and the User Services, including designs, text, graphics, images, photographs, illustrations, visuals, videos, information, logos, trademarks, designs, button icons, software, databases, audio files and other.

5.2 sunday grants you a limited, revocable, non-exclusive, non-transferable and strictly personal right of access to the Sunday App and the User Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to the Sunday App or the User Services. Your use of the User Services and features of the Sunday App does not entitle you to claim any intellectual property rights of any kind on all or part of them, no assignment or license being granted to you beyond the right of use provided herein.

5.3 Our name, the term “sunday,” our logo and all related names, logos, product and service names, designs, and slogans are trademarks of sunday or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans found in the Sunday App or the User Services are the trademarks of their respective owners. Any use of all or part of the aforementioned elements, without our express, prior and written authorization and/or that of the Establishments, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.

5.4 When you post reviews on Sunday App, you are confirming that you have the right to use the same and grant us the right to use those materials at our own discretion (with or without accreditation) and for any purpose, including without limitation, to edit, copy, sub-license, reproduce, disclose, post and remove such materials from the Sunday App. You give us the right to use those materials for as long as your content is protected by intellectual property rights.

5.5 We take claims of any infringement seriously. We will respond to notices of alleged infringement under applicable laws. If you believe any materials accessible on or from the Sunday App infringe on your rights under applicable law, you may request removal of those materials (or access to them) from the Sunday App by submitting written notification to Sunday App, Inc. PBC, 305 Delmont Drive, N.E. Atlanta, GA 30305 (USA).

If you’re using the Sunday App in the United States, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Section 6 – Liability

6.1 The conditions for the realization of the orders (placing, follow-up, execution) are under the sole responsibility of the Establishment.

The Establishments are required to perform their obligations in compliance with the applicable legal and regulatory conditions. We cannot be held responsible for acts or omissions outside of our control, in particular, for the failure of the Establishments by not complying with their obligations, for any damage caused to you by the products of the Establishments or to any third party, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of an Establishment, or from an event attributable to a third party or to a case of force majeure.

6.2 The information relating to the Establishments (menus, allergens, product availability and any other offers, graphics and photographs illustrating the products of the Establishments, link to a third party site set up by the Establishment) has been communicated by the Establishment where the order is placed, under its sole responsibility. We do not verify or control this information. We cannot guarantee that this information is complete and up-to-date. It is your responsibility to request any confirmation or additional information directly from the Establishment.

In case of difficulty encountered with an Establishment, we naturally remain at your disposal. To do so, you can contact us through our support mechanisms at the Sunday App or website (https://sundayapp.com/).

6.3. You are solely responsible for the consequences of your use of the Sunday App and of the User Services. You are responsible for ensuring that your use of the Sunday App and the User Services complies with the legal and regulatory provisions in force as well as with the Terms. We do not give you any guarantee in this respect.

You are also solely responsible for the reviews you may leave on the Sunday App. You release us from any action, claim, condemnation or eviction relating to your use of the Sunday App and/or the User Services, for any reason whatsoever, in particular on the basis of the infringement of third-party rights or unfair competition, in any country whatsoever. In such a case, you agree to provide any assistance necessary for our defense. In addition, you agree to assume the full cost of any judgment rendered against us, and all costs, expenses, and attorney’s fees that may result for us. More generally, you agree to fully indemnify us for any direct economic and financial consequences that may result.

6.4 You are reminded that the reviews you publish are public and communicated to other users of the Sunday App as well as to the Establishments, which you accept.

6.5 You may not blame us for the non-receipt or loss of data transmitted on the Sunday App, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.

6.6 In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the Terms on any basis whatsoever.

6.7 We will not be liable for any breach of these Terms caused by events, circumstances or causes beyond our reasonable control.

6.8 We try to keep the Sunday App available at all times, but, of course, due to the inherent nature of internet-based services, we cannot guarantee this. We do not guarantee the availability of any particular functionality or feature of the Sunday App. You are aware of the technical hazards and access interruptions that may occur on the Sunday App. Consequently, we cannot be held responsible for the unavailability or slowdown of the User Services and/or the Sunday App.

Section 7 – General

PLEASE READ THIS SECTION CAREFULLY. It contains an arbitration agreement. This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily-imposed limitations periods, the right to engage in discovery except as provided in applicable rules, the right to certain remedies and forms of relief, and the right to appeal or to court review of any award.

7.1 If any provision of these Terms is found unenforceable, that provision will be severed from App Terms and not affect the validity and enforceability of any remaining provisions. These Terms (including the terms they refer to) make up the entire agreement between you and us regarding the Sunday App, and supersede any prior agreements. These App Terms do not create or confer any third-party beneficiary rights.

7.2 Governing Law. Other than the Arbitration Agreement (which is governed by the Federal Arbitration Act and federal arbitration law), these Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflict of laws provisions.

7.3 Informal Dispute Resolution Process. We hope that neither party has a dispute with the other party. If there is a dispute, however, the parties agree that neither party may commence, join, or be joined to any proceeding against the other until you or we have notified the other party pursuant to the notice procedures for the informal dispute-resolution process described in this section, and have given the other party a reasonable period to take corrective action. This applies to any conduct, claim, breach, or duty accruing before or after the effective date of this agreement.

You and we agree that a reasonable period to take corrective action will be sixty (60) days from the date the required notice was given. You must provide this notice once you become aware of a claim and within the time required under Section 7.5 of these Terms and under applicable law. All notices given in connection with this informal dispute resolution process must be provided on an individual basis, in writing, signed by the party providing notice, and include a detailed explanation of the factual basis for any alleged claim (including dates and amounts) that allows the other party sufficient information to take corrective action.

Notice Addresses:

If you send notice to us: It must be sent by mail to: Sunday App, Inc. PBC, Attn: Legal Department, 1175 Peachtree St. NE, Suite 1000, Atlanta, GA 30361, USA. Notice will be considered given when we actually receive the notice.
If we send notice to you: We will send it to the email address or phone number associated with your User Account or transaction.

Mandatory Conference: After the 60-day period for reasonable notice is complete, if the dispute remains unresolved, this informal dispute resolution process is not complete until the parties have personally met and conferred, via telephone or videoconference, in a good-faith effort to resolve informally any dispute covered by this agreement (“Informal Dispute Resolution Conference”). The Informal Dispute Resolution Conference shall occur within 60 days after the period for reasonable notice expires, unless an extension is mutually agreed upon by the parties or unless the volume of dispute notices necessitates an extension. Any Informal Dispute Resolution Conference must be individualized such that a separate conference must be held each time either party intends to commence arbitration. Multiple individuals initiating claims cannot participate in the same Informal Dispute Resolution Conference, unless mutually agreed to by the parties. If either party is represented by counsel, that counsel may participate in the conference, but the parties shall also fully participate in the conference.

Engaging in an Informal Dispute Resolution Conference is a mandatory requirement that must be fulfilled before commencing arbitration. The arbitrator shall dismiss any arbitration filed without full and complete compliance with these Informal Dispute Resolution procedures. If an arbitration is dismissed because a party failed to comply with these Informal Dispute Resolution procedures, the parties agree that the party that failed to comply shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this paragraph.

7.4 Binding Arbitration and Class Action Waiver

RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF THE USER SERVICES. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY.

(a) Agreement to Arbitrate Disputes. Except for Excluded Disputes, THE PARTIES AGREE THAT ANY DISPUTE (as defined below) BETWEEN YOU AND SUNDAY WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. This arbitration agreement is entered into pursuant to and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”). Aside from the Informal Dispute Resolution Process described above, all other issues of arbitrability are delegated to the arbitrator.

(b) Definition of Dispute. For purposes of this agreement to arbitrate, “Dispute” shall be construed as broadly as possible and includes disputes, claims, or controversies that (1) arose or involve facts occurring before the existence of this or any prior versions of these Terms, (2) currently exist, and (3) arise after the termination of these Terms. Any Dispute covered by both this agreement to arbitrate and any other agreement with sunday to arbitrate shall be resolved in accordance with these Terms.

(c) Excluded Disputes. Notwithstanding the above, subject to any applicable jurisdictional and monetary limits, both you and we have the right to pursue a claim in a small claims court instead of arbitration, if the claim is in that court’s jurisdiction and proceeds on an individual basis.

(d) Arbitration Procedure. There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery may be more limited in arbitration than in court. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

To begin an arbitration proceeding after completing an Informal Dispute Resolution Conference, you must send a demand for arbitration to Sunday App, Inc. PBC, Attn: Legal Department, 1175 Peachtree St. NE, Suite 1000, Atlanta, GA 30361, USA. sunday will send any arbitration demand against you to the email associated with your sunday account or your counsel, if any. Any demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; and (4) the personal signature of the party seeking arbitration.

The arbitration will be conducted by JAMS under its rules, including the JAMS Streamlined Arbitration Rules and Procedures and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the JAMS Rules). The JAMS Rules are available at www.jamsadr.org. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules and applicable fee schedule(s), except that sunday will reimburse any portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction in the location of the arbitration. A single, neutral arbitrator shall be appointed in accordance with the JAMS Rules. The arbitrator shall have the exclusive authority to resolve all threshold arbitrability issues, including whether this agreement to arbitrate is applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a court has exclusive authority to rule on the Class, Collective, Representative, and Mass Action Waiver set forth below, including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached.

You may choose to have the arbitration conducted by videoconference, in person in the county where you live, or at another mutually agreed location. The arbitrator will issue a written award describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered in any court having jurisdiction thereof.

(e) Class, Collective, Representative, and Mass Action Waiver. SUNDAY AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. SUNDAY AND YOU EACH HEREBY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION, WHETHER IN COURT OR ARBITRATION. To the extent allowed by law (taking into account FAA preemption), you and sunday each waive your right to seek public injunctive relief. If for any reason a claim proceeds in court rather than in arbitration, sunday and you each waive any right to a jury trial. In any case in which (1) the Dispute is filed as a class, collective, representative, or mass action and (2) a civil court of competent jurisdiction finds all or part of this Class, Collective, Representative, and Mass Action Waiver unenforceable: the class, collective, representative, or mass action must be litigated in a civil court of competent jurisdiction, but the portion of the Class, Collective, Representative, and Mass Action Waiver that is enforceable shall be enforced in arbitration. In the event a court finds that applicable law precludes enforcement of all or part of the Class, Collective, Representative, and Mass Action Waiver as to a request for particular relief, then that request for particular relief (and only that request for particular relief) shall remain in court. All other claims, portions of claims, and requests for relief will be resolved in individual arbitration. The portion of such Dispute proceeding in court shall be stayed pending the conclusion of the arbitration. This provision does not prevent you or sunday from settling claims on a class, collective, or representative basis. In addition, individual disputes may not be joined or consolidated in a single proceeding absent all parties’ consent.

(f) Procedures Applicable to Mass Arbitrations. Notwithstanding the above Class, Collective, Representative, and Mass Action Waiver, where 25 or more similar arbitration demands are prepared by or with the assistance or involvement of the same law firm or organization, or are otherwise coordinated, and are submitted to JAMS within a 120-day period, JAMS shall apply its Mass Arbitration Procedures and Guidelines, as well as the following procedures: (A) the parties shall cooperate to group the arbitration demands into randomized groups of no more than 25 demands per group (plus, to the extent there are fewer than 25 arbitration demands left over after the grouping described above, a final group consisting of the remaining demands); (B) claimants’ counsel shall organize and present the grouped demands to JAMS in a format as directed by the JAMS Rules; (C) JAMS shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group, subject to any applicable disclosure and disqualification procedures available under applicable law; (D) JAMS shall set up one Arbitration Management Conference per group; (E) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis; and (F) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration. The parties agree to cooperate in good faith with each other and JAMS to implement such a grouped approach to administration and fees.

(g) Opt Out. To opt out of this agreement to arbitrate, you must notify sunday in writing no later than 30 days after first becoming subject to this agreement to arbitrate. Your notice must include your name and address, the email address associated with your sunday account, and a clear statement that you want to opt out of this agreement to arbitrate. You must send your opt-out notice by mail to Sunday App, Inc. PBC, Attn: Legal Department, 1175 Peachtree St. NE, Suite 1000, Atlanta, GA 30361, USA. The notice must be signed by you yourself, and not by any of your agents or representatives. The notice may opt out only you, and notices that purport to opt out multiple people will not be effective as to any. No person (or their agent or representative) may effectuate an opt out on behalf of other person. If you opt out of this agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any other agreements to arbitrate that you may have entered into with sunday (including in any prior versions of these Terms) or may enter into in the future with us.

(h) Costs. Each side shall bear its own attorneys’ fees, costs, and expenses unless fee-shifting is available under applicable law, except that if the arbitrator finds that a claim or counterclaim is frivolous or harassing, the arbitrator may award the other party their costs and expenses (including administrative fees and arbitrator compensation) associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing and administrative fees and expert fees, incurred after the offer was made.

(i) Severability, Survival. These arbitration provisions shall survive (a) termination or changes to the User Services; (b) the bankruptcy of any party; and (c) the transfer or assignment of the User Services. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in force.

7.5. One-Year Limitation on Bringing Actions. An action or proceeding by you to enforce an obligation, duty, or right arising under these Terms or by law with respect to the User Services must be commenced within one (1) year after the cause of action accrues for all claims accruing after the effective date of these Terms.

7.6 Venue. The parties agree that, for the limited disputes specifically identified in these Terms that may proceed in (non-small claims) court as opposed to arbitration, the exclusive venue shall be the United States District Court for the Northern District of Georgia. If that court does not have subject-matter jurisdiction, then the exclusive venue shall be the Fulton County Superior Court. As set forth herein, the specific disputes that may proceed in court are as follows:

Actions to enforce, challenge, or confirm any arbitral award (which shall be governed by the Federal Arbitration Act);
Proceedings following a determination by the arbitrator that a dispute is not arbitrable;
Proceedings for which you have effectively opted out of the arbitration agreement pursuant to the requirements above; and
Requests for injunctive relief that are required by applicable law to be addressed by a court following arbitration.

For any claim brought in small claims court, the claim must be brought in the small claims court in the jurisdiction in which you reside.