sunny sundain

Terms of Service

Effective date: 2026-07-07

These Terms of Service (“Terms”) govern your use of the Sundain mobile app and this website (together, the “Service”) provided by Sundain (“Sundain”, “we”, “us”, “our”). Please read them together with our Privacy Policy.

1. Acceptance & eligibility

By creating an account or using the Service, you agree to these Terms. If you don’t agree, don’t use the Service. You must be at least 18 years old to use Sundain and able to enter into a binding contract. The Service is currently provided free of charge; there is no payment, billing or subscription.

2. The Service

Sundain is a social app with an AI “host” that helps you discover real-world events and meetups and connect with people nearby. Event and venue information may come from third parties and is provided “as is” (see section 8). We may add, change, suspend or discontinue features, and we may set reasonable limits on use of the Service.

3. Accounts

You sign up with your phone number and log in via an SMS one-time passcode. Keep your phone number, device and passcodes secure — you are responsible for activity under your account. Use one account per person, provide accurate information (including your real date of birth), and tell us promptly of any unauthorised use of your account.

4. Acceptable use

You agree not to use the Service to:

  • break the law or facilitate illegal activity;
  • harass, bully, threaten, defame, or incite violence or hatred against anyone;
  • post or share sexual content involving minors, or any content that sexualises or endangers minors — this is subject to zero tolerance (see section 5);
  • send spam, scams, chain messages, or unsolicited advertising or solicitation;
  • impersonate any person or misrepresent your identity or affiliation;
  • harvest, scrape, or collect other users’ data, or publish someone’s private information (doxxing);
  • reverse-engineer, interfere with, overload, or attempt to gain unauthorised access to the Service or its security;
  • use the Service to arrange or promote anything illegal, harmful, or dangerous.

5. User content & conduct — zero tolerance

You are responsible for the content you submit (“User Content”), including chat messages and profile information.

There is zero tolerance for objectionable content and abusive behaviour. You agree not to post content that is unlawful, harassing, hateful, threatening, sexually explicit, exploits or endangers minors, or is otherwise objectionable. We moderate content and may remove content, and suspend or terminate accounts, that violate these Terms.

You can report objectionable content or abusive users, and you may block other users. We aim to review reports and act on them within 24 hours, including removing offending content and ejecting the user who provided it where warranted. In-app report and block controls are being rolled out; in the meantime, you can report abuse to [email protected].

6. Content licence

You keep your rights in your User Content. You grant Sundain a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt and display your User Content solely to operate, provide, secure and improve the Service — including the AI processing of chat described in our Privacy Policy. This licence ends when you delete the content or your account, except for copies retained for legal or backup purposes, or that you have already shared with others.

7. AI features disclaimer

The AI host generates suggestions automatically and may be inaccurate, incomplete or out of date. Venues, times, prices and availability may be wrong. AI output is not professional advice (legal, medical, financial, safety or otherwise). Always verify important details yourself before relying on them.

8. Third-party events & venues

Event and venue information may come from third parties (for example, ticketing platforms and map / venue data providers). We do not control it and do not guarantee that it is accurate, current, or that events will happen as described — events may be changed, sold out or cancelled. Your dealings with third-party event organisers, venues and platforms are between you and them, and subject to their own terms. Sundain is not responsible for third-party events or venues.

9. Meeting people in real life — safety & assumption of risk

Sundain helps you meet people and attend events in the real world. We do not verify the identity, background or conduct of users, organisers or venues, and we do not carry out background checks. You are solely responsible for your interactions with others.

Meeting strangers carries risk. Please use good judgement: meet in public, tell someone where you’re going, don’t share sensitive personal or financial information, and leave if you feel unsafe. To the extent permitted by law, you assume the risks of meeting people and attending events found through the Service. Nothing in this section limits any liability that cannot be limited under mandatory law (see section 11).

10. Disclaimer of warranties

To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free or secure, or that content or suggestions are accurate. Statutory warranty rights and other mandatory rights that cannot be excluded under applicable law remain unaffected.

11. Limitation of liability

To the extent permitted by applicable law, Sundain is not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or goodwill.

Nothing in these Terms excludes or limits our liability where it may not be excluded or limited under mandatory law. In particular, and as required by German / EU law, we remain fully liable:

  • for damage arising from injury to life, body or health;
  • for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit);
  • under the German Product Liability Act (Produkthaftungsgesetz);
  • to the extent we have given a guarantee (Garantie); and
  • for the culpable breach of essential contractual obligations (Kardinalpflichten) — obligations whose fulfilment makes the proper performance of the contract possible and on whose observance you may regularly rely.

In the case of a breach of essential contractual obligations (and unless one of the other cases above applies), our liability is limited to the foreseeable, contract-typical damage. Mandatory consumer-protection rights under the law of your country of residence remain unaffected.

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold Sundain harmless from third-party claims arising out of your breach of these Terms, your misuse of the Service, your User Content, or your interactions with other users, organisers or venues. This does not apply to the extent a claim results from our own intent or gross negligence, or where such indemnity is not permitted under mandatory law.

13. Termination & suspension

You can stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, to protect users or the Service, or as required by law — where practicable and lawful, with notice. Provisions that by their nature should survive termination (for example the content licence for retained copies, disclaimers, limitation of liability, indemnification and governing law) survive.

14. Governing law & jurisdiction

These Terms are governed by the laws of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside, and you may also be entitled to bring proceedings in your local courts. The place of jurisdiction, where permitted by law, is the courts of Cologne (Köln), Germany.

15. Changes to these terms

We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, provide reasonable notice (for example, in the app). If you continue to use the Service after changes take effect, you accept them; if you don’t agree, stop using the Service. Effective date: 2026-07-07.

16. Apple App Store — additional terms

If you download the app from the Apple App Store, the following also applies and prevails over any conflicting term above with respect to Apple:

  • These Terms are concluded between you and Sundain only, not Apple. Sundain, not Apple, is solely responsible for the app and its content.
  • Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (Apple’s standard EULA), except as expanded by these Terms.
  • Apple has no obligation to provide maintenance or support for the app.
  • If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Sundain’s responsibility.
  • Apple is not responsible for addressing any claims by you or a third party relating to the app or your use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar legislation.
  • Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the app or your use of it infringes intellectual-property rights.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist-supporting” country, and that you are not on any U.S. Government prohibited or restricted-party list.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you.

17. Contact

Sundain is currently operated by an individual (sole operator) based in Cologne, Germany.