USER TERMS OF SERVICE       

 

Last updated: February 2024

These Terms of Service (the “Terms”) apply to the products and services of Sunday App, Inc PBC with offices at 305 Delmont Drive, N.E. Atlanta, GA 30305, USA and our subsidiaries and affiliates (together “we” or “sunday”), including our website, our web-based application Sunday App (“Sunday App”) and other online services (collectively, the “Services”). sunday’s objective is to improve your hospitality journey, including by offering you a 360 checkout solution in all the establishments using the Services, whether it is a restaurant, a bar, a hotel, etc. (the “Establishment(s)“).

These Terms, together with our Privacy Policy available at https://sundayapp.com/privacy-policy/ define the conditions of our service to you, as a customer of an Establishment and/or user of the Sunday App (“you”).

Any use of the Sunday App or the Services involves your prior express unreserved acceptance of the Terms. If you don’t agree to the Terms, you may not use the Sunday App or the 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. Any revised terms or policies will be made available on our website (https://sundayapp.com/) or within the Sunday App. It is your responsibility to check that you have read and agree with the latest version of the Terms before using the Sunday App or our Services. 

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 our Services. A User Account enables you to make checkout seamless for you, for example by enabling you to:

  • access all your receipts in one place
  • contact customer support.

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 our 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 our Services, in particular it is necessary to open a tab at an Establishment.

Section 3 – Using the Sunday App and our 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 Services, which include, but are not limited to, the ability to:

  • access a menu of items and place an order (‘Order & Pay’);
  • 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 Services provided. As part of our 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 Services may be subject to fee(s). When the use of the Services to pay your bill is subject to a digital fee, a means of card payment that does not require payment of a digital fee will be available to you at the relevant Establishment.

3.1 Access a menu of items and place an order in real time (‘Order & Pay’)

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 have 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.

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. 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’). You are solely responsible for checking the details of our bill and to ensure that they are correct before you 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 Tips

When paying the bill within the Sunday App, you may be able to leave a tip for the service provided if you wish to do so. The amount you choose to tip will be added to your bill. You are solely responsible for the amount you tip for the services received.

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 our 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 possibility to publish comments, testimonials and satisfaction ratings about the Establishment, the quality of its products and its service. These reviews are public and available to other users of the Sunday App as well as to the relevant Establishments. 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 allow you to subscribe to this program and accumulate loyalty points through your sunday payments.

After your first sunday payment, a loyalty account is created when you provide your phone number to subscribe to the loyalty program associated with sunday. During your subsequent sunday payments at the same Establishment, your points will be automatically linked to your loyalty account and can be associated in Establishments using the same loyalty program. For this purpose, your phone number and the amount of your payment will be transmitted to 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 our 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 Services are 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 our 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 our Services, you promise to us that you are at least 18 years old.

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 our 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 our 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 our 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 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 our 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 our 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 our Services. Your use of our 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 our 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 our Services. You are responsible for ensuring that your use of the Sunday App and our 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 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 Services and/or the Sunday App.

Section 7 – General 

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 These Terms shall be exclusively governed by and construed in accordance with the laws of the Delaware (USA), excluding its conflict of law rules, unless, if you are located in the European Union, the consumer protection regulations of your country of residence contains provisions that are more advantageous to you, in which case those provisions will apply. 

7.3 In the event of any dispute or claim relating to the Terms, including without limitation, their formation, validity, interpretation, performance and/or resolution, you and we agree to seek in good faith, an amicable solution. In the absence of an amicable agreement within thirty (30) days following notification of the dispute by the most diligent party by registered letter with acknowledgement of receipt, any dispute between the Parties will be subject to the exclusive jurisdiction of the Courts of the Delaware (USA), subject to the mandatory provisions applicable when you are a consumer.

7.4 When you are a consumer, and in case of a complaint not resolved amicably with us, you can submit the dispute to a consumer mediator. Consumer mediation is available to any person who has a dispute with a professional who has sold him a product or provided a service. Mediation is a method of amicable dispute resolution, free for the consumer and confidential. Thus, you can refer to the consumer mediator in the country in which you used the Sunday App, within one (1) year from the written complaint you sent us. You may also attempt to resolve the dispute amicably via the online dispute resolution platform implemented by the European Commission, if applicable, and accessible on the following website: https://ec.europa.eu/consumers/odr/main/

Section 8 – Additional information if you’re using the Sunday App in the United Kingdom

If you pay your bill using the Sunday App, sunday may, in addition to any technology service/product provided, also contractually become the service provider of the service/product (i.e food) provided by the Establishment. sunday has outsourced the delivery of its service to the Establishment.