Sundial

DRAFT — pending attorney review.

Terms of Service

[Legal entity name — TBD]

Effective: [TBD at publication]

Welcome to Sundial

Please read these Terms of Service (these “Terms”) carefully. They are a binding contract between you and [Legal entity name — TBD] (“Sundial,” “we,” “us,” or “our”). They govern your use of Sundial: Family Health, our mobile application, and the websites, features, and services we make available through it (together, the “Services”).

If you have any questions about these Terms or the Services, please contact us at:

Email: privacy@sundial.app [confirm] Support contact: [TBD] Mailing address: [Address — TBD]

By creating a Sundial account or using the Services in any way, you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in our Privacy Policy and our Consumer Health Data Privacy Policy. Your use of certain Services may also be subject to additional policies, rules, or conditions (“Additional Terms”), which are incorporated into these Terms by reference; by using those Services, you agree to comply with those Additional Terms as well.

If you do not agree to all of these Terms, you may not use or access the Services in any manner.

Index

1. What Sundial is — and what it is not

Sundial is a family health service. When you connect a health data source (a “Source”), Sundial brings together the health signals that Source provides, shows you dashboards, a morning brief, and alerts, lets people you choose to connect with see the information you choose to share, and offers an artificial intelligence (“AI”) chat that can answer questions about that information.

Sundial is not a medical device. It does not provide medical advice, does not diagnose, treat, or prevent any condition, and does not detect emergencies. It does not provide real-time monitoring. See Section 16 for the full health disclaimer.

2. Will these Terms ever change?

We are always trying to improve the Services, so these Terms may need to change along with them. We reserve the right to change the Terms at any time. If we do, we will post the revised Terms, change the effective date at the top, and notify you before a material change takes effect — for example, through the Services or by email — so you can review the change.

If you do not agree with the new Terms, you are free to reject them; that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

3. What about my privacy?

Sundial takes the privacy of its users very seriously. How we collect, use, share, and protect your personal information is described in our Privacy Policy, and how we handle consumer health data is described in our separate Consumer Health Data Privacy Policy. Both policies are part of the legal documents for the Services and are available in the app’s Privacy & Legal Center.

If there is a conflict between these Terms and either privacy policy about how personal information or consumer health data is handled, the privacy policy governs that question.

4. Who can use Sundial

You must be 18 years or older to hold a Sundial account. The Services are offered to account holders who meet that requirement. There are no teen self-accounts: a person under 18 cannot hold a Sundial account. A parent or guardian may include a person under 18 as a dependent under their own adult account, where the Services support dependents; dependents do not hold accounts of their own.

By creating an account, you represent and warrant that you are 18 years or older and that you are legally able to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on its behalf and to bind it to them.

If we learn that a person under 18 holds an account, we will close that account and delete its information, as described in Section 14.

5. Your account

To use the Services, you create an account by signing in with Apple or Google, or with an email address and password. When you create an account with email and password, we send a 6-digit code to your email address once, at creation, to confirm that the address is yours. After that, you sign in with your email address and password (or with Apple or Google); you are not sent a code on every sign-in.

You promise to provide accurate, complete, and updated registration information about yourself. You may not select a name or profile information that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You are responsible for keeping your sign-in credentials safe. Do not share your password, or access to the Apple, Google, or email account you use to sign in, with anyone. You are responsible for any activity associated with your account, including activity by anyone who uses your signed-in device or your credentials.

If you believe your account has been compromised, contact us promptly at the address in Section 21 and change your password or sign-in method.

6. Acceptable use

You will only use the Services for your own personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable law, you are not authorized to use them.

You agree that you will not use the Services, or contribute anything to them, in a manner that:

A violation of any of the above is grounds for termination of your right to use or access the Services, as described in Section 14. You may not use the Services on behalf of or for the benefit of any third party, except as the Services themselves allow — for example, when you watch a person you are connected with, or operate a dependent’s account as their parent or guardian.

7. Your content — including your profile photo

What your content is

Anything you post, upload, share, store, or otherwise provide through the Services is your “Content.” That includes your profile photo, journal entries, day ratings, tags, events, custom signals and check-ins, questionnaire answers, chat messages, and alert rules. You are solely responsible for all Content you contribute. You represent that your Content is accurate, complete, and up to date, and that it complies with all applicable laws.

You keep ownership

You retain ownership of your Content. You grant Sundial only the limited license described below, to operate the Services. We do not claim ownership of your Content.

The limited license you grant us

By submitting Content through the Services, you grant Sundial a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display, and perform that Content solely to provide the Services to you and to the people you choose to connect with — for example, to show your dashboards, briefs, and alerts to you and to your connected people as you have chosen, and to let our AI services phrase briefs and chat answers about that Content when AI personalization is turned on. This license ends when the Content is deleted under Section 14, except for copies already shared with connected people, which remain where they were shared as described in our Privacy Policy, and except where the law requires us to keep a copy.

We do not distribute your Content publicly. We do not sell it. We do not use it for advertising. We do not train AI models on it. See Section 9 and our Privacy Policy.

You also grant us the right to make technical changes to your Content that are needed to provide the Services — for example, to resize or re-encode a photo to fit the technical requirements of the Services.

Your profile photo

If you choose to provide a profile photo, you confirm that the photo is yours or that you have permission to use it. Your profile photo is private: it is shown only to you and to the people you are connected with in Sundial. It is never public and is never used for advertising.

When you upload a photo, we process it on your device before upload: we crop it square, downscale it, and re-encode it to a single 512×512 rendition. Only that rendition is stored. No original photo is kept, and re-encoding strips metadata such as location information. If you change your photo, the stored rendition is replaced in place.

Content you must not submit

You agree that you will not post, upload, share, store, or otherwise provide Content that: (i) infringes any third party’s copyrights or other rights, including privacy and publicity rights; (ii) contains sexually explicit content or pornography; (iii) contains hateful, defamatory, or discriminatory content, or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or extreme violence; (vi) depicts animal cruelty; (vii) promotes fraudulent schemes; or (viii) violates any law.

We may remove any Content at any time, for any reason, in our sole discretion, including if someone alleges you contributed that Content in violation of these Terms, and without notice.

8. Health data and connected Sources

Most health information in Sundial comes from Sources you choose to connect, such as Apple Health or another service or device. We receive that information only because you connected the Source and, where the Source requires it, authorized that sharing in the Source’s own consent flow. What we receive depends on the Source, the device, and the access you granted there.

You control sharing with connected people: a person you connect with can see the information Sundial shares for that connection, except for any signal you mark Private, which is never shown to them. You can mark a signal Private, and change that choice, in the Services at any time.

How we collect, use, share, retain, and delete health data is described in full in our Privacy Policy and our Consumer Health Data Privacy Policy. Those policies, not this section, are the complete statement of our health-data practices.

9. AI features

Some Sundial features use AI. AI features are used only when you have AI personalization turned on. You can turn AI personalization off at any time in the Services; turning it off stops new AI use of your data immediately.

When AI personalization is on, AI writes chat answers, morning briefs, and summaries for you, and helps Sundial understand journal entries you write. The underlying numbers in those outputs are computed deterministically by Sundial; AI phrases and presents them.

Some AI processing happens on your device or through Apple Private Cloud Compute, which does not store your data. Other AI tasks are performed by Anthropic or OpenAI, under contract to provide answers only. They do not train models on Sundial data and they do not sell it. Sundial does not train AI models on your personal information, your health signals, or your Content. If Sundial ever offers to train a personal model for you, it will ask for your separate opt-in first. That is not a current practice.

AI output is generated phrasing about your data, not medical advice. See Section 16.

10. Copyright

We respect copyright. If you believe that material on or accessible through the Services infringes your copyright (or the copyright of someone you are authorized to act for), please send a notice of claimed infringement to our Designated Agent at the address in Section 21, including:

Upon receipt of a proper notice, we may remove or disable access to the infringing material, notify the person who provided it, and terminate access for repeat offenders. If you believe material was removed by mistake, you may send a counter-notice to the Designated Agent with your signature, identification of the removed material and where it appeared, a statement of good-faith belief that it was removed by mistake or misidentification, and your name, address, telephone number, and email address, together with a statement consenting to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, a judicial district in which we are located) and that you will accept service of process from the person who provided the original notice.

We reserve the right to block access to or remove material we believe in good faith to be infringing, and to remove and discontinue service to repeat offenders.

11. Responsibility for content and third-party services

Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom it originated. You access all such information and content at your own risk. We are not liable for errors or omissions in it, or for any damages or loss you might suffer in connection with it. We cannot control, and have no duty to take action regarding, how you interpret or use content, or what actions you take as a result of being exposed to it.

The Services connect to Sources and may contain links to, or integrations with, websites, applications, devices, and services that we do not operate, including Apple Health, the services and devices you connect as Sources, and the sign-in and subscription services of Apple and Google. When you use a third-party service, that service collects and uses your information under its own privacy policy and terms, not these Terms. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of any third-party website or service, and we cannot monitor, verify, censor, or edit it. We encourage you to read the terms and privacy policy of every Source and service you connect.

Your dealings with organizations or individuals found on or through the Services, including any payment or delivery of goods or services, are solely between you and them. Sundial will not be responsible or liable for any loss or damage incurred as the result of such dealings.

If there is a dispute between you and another user, or between you and a third party, Sundial is under no obligation to become involved. In the event of such a dispute, you release Sundial, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to that dispute or the Services.

12. Will Sundial ever change the Services?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, or impose limits on certain features, or restrict access to parts or all of the Services. We will try to give you notice when we make a material change that would adversely affect you, but this is not always practical.

13. Subscriptions and payment

Free and paid tiers

The Services are offered on a free tier and a paid tier called Sundial Plus. The free tier covers you and one other person — a watched person or an operated dependent — with manual alerts, the morning brief, 90-day history, and capped AI chat. Sundial Plus covers unlimited watched people, the full 365-day history, packs, pattern features when they ship, and generous chat limits. We will notify you before any Service you are using begins carrying a fee.

One subscription covers the watcher’s whole circle. The subscription attaches to the watcher’s account. Watched people are never paywalled: a payment screen on a watched person’s phone would prevent the setup the product is built around.

Prices

Sundial Plus costs $9.99 per month or $79.99 per year. The annual plan is the default plan offered; the monthly plan is also available. Prices are as shown in the app at the time you subscribe, and the payment terms presented to you when you sign up for a paid service are part of these Terms.

Free trial

Sundial Plus includes a 14-day free trial. The trial starts at your first paid-feature touch — when you add a second person, by connection or as a dependent — not at install. You must cancel before the end of the trial period to avoid being charged. If you cancel before the end of the trial and are inadvertently charged, please contact us at the address in Section 21.

Billing and auto-renewal

Payment is processed by Apple through the App Store. We never receive or store your payment card number. We receive your subscription status from Apple so we can provide the features your plan includes.

Your subscription renews automatically. The auto-renewal terms are stated next to the purchase button in the app: the trial starts today and then renews automatically at the then-current rate for the plan you selected — $9.99 per month or $79.99 per year — until you cancel. To cancel, or to change your plan, manage your subscription in your Apple Settings (Apple ID → Subscriptions) or in the App Store subscription settings. If you terminate a subscription, you may use it until the end of your then-current term, and it will not be renewed after that term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current term, except as required by law or by Apple’s policies.

If the amount to be charged varies from the amount you preauthorized (other than a change in sales tax), you have the right to receive notice of the amount and the date of the charge before the scheduled date of the transaction.

Your continued use of a paid service reaffirms that we are authorized to charge your payment method for it. You must keep your billing information current, complete, and accurate, and promptly notify Apple if your payment method is cancelled or if you become aware of a potential breach of security, such as unauthorized use of your account.

If your subscription ends

If a trial or subscription ends unpaid, the extra people beyond your free allowance freeze: their connections and history stay, data stops updating, and you choose which one person stays live. Extra people are never disconnected or deleted because a subscription ends. Resubscribing restores everything instantly.

14. Ending your use and deleting your account

You are free to stop using the Services at any time. You may delete your account in the app’s YourAccount page (Settings → YourAccount, below Sessions) or by contacting us at the address in Section 21.

Account deletion is immediate. When you confirm deletion, your live data and the encryption keys for your data are destroyed at once. There is no grace period and no cancellation. Backup or snapshot residue is crypto-shredded and expires within 30 days.

Before you delete your account, consider exporting your data first: deletion is permanent, and once your account is deleted we cannot recover or restore it. Content you previously shared with connected people remains where it was shared, as described in our Privacy Policy.

Sundial may also terminate or suspend your use of the Services or your account for any reason in our discretion, including your breach of these Terms. We will try to provide advance notice before terminating your account so you can retrieve anything important, but we may not do so if we determine it would be impractical, illegal, unsafe, or otherwise harmful to our rights or property. Account termination may result in destruction of Content associated with your account.

Provisions that, by their nature, should survive termination will survive it, including any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and the terms regarding disputes in Section 19.

15. Apple App Store terms

These Terms apply to your use of all the Services, including our iOS application (the “Application”) available via the Apple App Store, but the following additional terms also apply to the Application:

Availability of the Application depends on the App Store from which you download it. Each App Store may have its own terms and conditions to which you must agree before downloading. Your license to use the Application is conditioned upon your compliance with those terms. To the extent the App Store’s terms conflict with these Terms, the more restrictive terms apply.

16. Health disclaimer

Sundial is not a medical device and does not provide medical advice. Nothing in the Services — including dashboards, briefs, alerts, chat answers, or AI output — is medical advice, a diagnosis, a treatment recommendation, or a substitute for professional medical care.

Sundial does not detect emergencies, does not monitor you in real time, and does not replace emergency services. If you think you or someone you watch may be experiencing a medical emergency, call your local emergency number immediately.

Health signals are presented as trends and deviations from a person’s usual, not as clinical measurements. Always seek the advice of a qualified clinician with any questions about a medical condition, and never disregard professional medical advice or delay seeking it because of something you read in Sundial.

17. Warranty disclaimer and limitation of liability

[Attorney review required — the following is adapted from standard app terms and has not been reviewed by counsel.]

The Services and all content are provided on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) will Sundial be liable to you or to any other person for (a) any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction; (b) any substitute goods, services, or technology; (c) any amount, in the aggregate, in excess of the greater of (i) one hundred ($100) dollars or (ii) the amounts paid or payable by you to Sundial in connection with the Services in the twelve (12) month period preceding the applicable claim; or (d) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.

18. Indemnity

You agree to indemnify and hold Sundial harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. If such a claim, suit, or action arises, we will attempt to provide notice of the claim to the contact information we have for your account, provided that failure to deliver such notice does not eliminate or reduce your indemnification obligations.

19. Disputes — [DECISION OWED]

[DECISION OWED — the user has not locked arbitration vs court. The following is a placeholder, adapted from Beli’s structure, and must be decided and reviewed by an attorney before publication. Do not publish this section as written.]

The parties will use their best efforts to settle any dispute arising out of or relating to these Terms directly through good-faith negotiations, which will be a precondition to either party initiating a formal dispute process.

[Option A — binding arbitration, not locked: disputes are finally settled by binding, individual arbitration, with a class-action waiver and a waiver of jury trial, under rules to be named by counsel, in a venue to be named by counsel. Small-claims court and injunctive relief for intellectual-property infringement remain available.]

[Option B — court, not locked: disputes are resolved in the state or federal courts located in a venue to be named by counsel, and the parties consent to that venue.]

Governing law: [TBD — state to be decided by the user and counsel, without regard to conflicts-of-laws provisions].

This section will survive the termination of your relationship with Sundial.

20. General provisions

You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, except as we may do on your behalf in our sole discretion.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable.

The failure of either you or us to exercise, in any way, any right in these Terms will not be deemed a waiver of any further rights under these Terms.

You and Sundial agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sundial, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sundial, and that you do not have any authority of any kind to bind Sundial in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and disputes, you and Sundial agree there are no third-party beneficiaries intended under these Terms.

21. How to contact us

If you have questions about these Terms, or if you wish to report copyright infringement (Section 10), contact us:

Email: privacy@sundial.app [confirm]

[Legal entity name — TBD]

Mailing address: [Address — TBD]

Designated Agent for copyright notices: [Name and address — TBD]

Please include enough information for us to identify your account and understand your request. We will respond as promptly as we reasonably can.