General Terms and Conditions

Effective Date: August 13, 2026

Last Updated: August 13, 2026

Welcome to Sundae, a digital platform operated by Sundae Foods Inc., a Delaware corporation ("Sundae," "we," "us," or "our").

These General Terms and Conditions ("Terms") govern access to and use of our website, mobile applications for iOS and Android, and related consumer-facing services (together, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we handle personal information associated with the Service.

1. Eligibility and accounts You must be at least 18 years old to access or use the Service. By accessing or using the Service, you represent that you meet this requirement. If you create an account, you agree to provide accurate information and keep it current. You may create an account using an email address and password or a supported third-party sign-in provider, such as Google or Apple. Your account is personal and may not be sold, transferred, or shared with an unauthorized person. Unless Sundae authorizes otherwise, each person may maintain only one active consumer account. You may not create or use multiple accounts to evade restrictions, obtain duplicate benefits, manipulate the Service, or engage in fraud or other misuse. You are responsible for protecting your login credentials and for activity under your account. If you suspect unauthorized access, notify us promptly at hello@sundaefoods.com. We may suspend or terminate an account that violates these Terms or creates a legal, security, or operational risk. 2. The Service The Service may allow users to: • browse, save, import, and share recipes; • view recipes shared by creators; • create shopping lists or carts from recipe ingredients; • purchase ingredients through integrated grocery or retail providers; and • use nutrition, recipe-discovery, personalization, and related features. Features may vary by account, device, location, subscription, or availability. We may add, change, suspend, or discontinue features in accordance with these Terms. You are responsible for obtaining and paying for the internet connection, equipment, and third-party services needed to use the Service. 3. Acceptable use You may use the Service only for lawful purposes and in accordance with these Terms. You must not: • violate applicable law or another person's rights; • upload, import, publish, or share content that is unlawful, infringing, defamatory, deceptive, obscene, discriminatory, dangerous, or otherwise harmful; • upload malware or code intended to damage, interfere with, or gain unauthorized access to a system; • overload, disable, disrupt, or circumvent the Service or its security features; • access another person's account without permission; • decompile, reverse engineer, or attempt to derive the source code of the Service, except where applicable law expressly permits it; • scrape or access the Service using bots or other automated means unless Sundae has authorized that use in writing; • impersonate another person or misrepresent an affiliation, endorsement, or partnership; • use the Service to send spam or deceptive communications; or • use another account, device, or identity to evade a suspension or restriction. We may investigate suspected misuse and remove content or restrict access where reasonably necessary to protect the Service, users, partners, or other persons. Ordinary consumer accounts are provided for personal, non-commercial use. This does not prevent you from saving recipes, shopping for ingredients, or sharing recipes through features Sundae makes available. Operating a business, conducting commercial promotions, systematically distributing content, generating compensated Shopping Links, or accessing creator features requires Sundae's written authorization and may be subject to the Creator Tool Terms and Conditions or another agreement. Sundae may restrict conduct not specifically listed above where Sundae reasonably determines in good faith that the conduct threatens the security, integrity, fairness, availability, or lawful operation of the Service; harms users, creators, Sundae, or its partners; or attempts to circumvent safeguards or program requirements. 4. Availability and changes We aim to provide reliable access but do not guarantee that the Service will always be available, uninterrupted, secure, or error-free. Maintenance, updates, technical failures, security incidents, third-party services, or events outside our reasonable control may affect availability. We may change, suspend, or discontinue any part of the Service. Where a change materially affects a paid subscription, any refund or continued-access rights will be determined by applicable law and the terms of the platform through which the subscription was purchased. You should retain independent copies of content or information that you do not want to lose. 5. Subscriptions and app-store payments Some features may require a paid subscription purchased through the Apple App Store, Google Play, or another identified payment provider. The applicable platform handles billing, renewal, cancellation, and refunds under its own terms. Sundae does not control that platform's payment processing. Non-payment or cancellation may result in loss of paid features. Prices, billing periods, trial terms, and renewal information will be presented before purchase. You are responsible for managing a subscription through the platform where you purchased it. 6. Shopping Partners and grocery purchases The Service may connect users with grocery, retail, affiliate, or technology providers such as Instacart (each, a "Shopping Partner"). Shopping Links, buttons, carts, or other shopping functionality may be created from recipe ingredients or automatically associated with a recipe. A purchase made through a Shopping Partner is a transaction between you and that Shopping Partner. The Shopping Partner controls checkout, payment, pricing, product availability, substitutions, fulfillment, delivery, returns, refunds, and customer service. Sundae cannot approve refunds, credits, substitutions, delivery changes, or other remedies on a Shopping Partner's behalf. To the extent permitted by law, Sundae is not responsible for a Shopping Partner's: • inaccurate, delayed, failed, or canceled delivery; • product substitution or unavailable item; • product quality, spoilage, contamination, recall, or food-handling issue; • price, charge, billing error, refund, or payment dispute; • delivery personnel or customer-service conduct; or • outage, tracking failure, policy change, or other act or omission. You should review the Shopping Partner's applicable terms and privacy practices before completing a transaction. 7. Affiliate and commission disclosure Sundae participates in affiliate and commission-based arrangements with certain Shopping Partners. Sundae may receive compensation when a user makes a qualifying purchase through a Shopping Link, at no additional charge imposed by Sundae on the user. Shopping Partners determine transaction attribution, eligibility, validation, exclusions, and reversals. Sundae does not guarantee that a click, cart, order, or purchase will be tracked or eligible for commission. Commercial relationships may affect the availability, selection, order, prominence, recommendation, or presentation of brands, ingredients, products, retailers, Shopping Links, shopping options, and other shopping-related content or features. Commercial relationships do not determine the ranking of recipes or personalized recipe recommendations unless clearly disclosed. Sponsored, promoted, or commercially prioritized placements will be identified where required by applicable law. Commercial relationships do not alter the price charged by a Shopping Partner unless clearly stated. 8. Nutrition, health, and food-safety information Recipes, nutrition calculations, dietary information, recommendations, substitutions, and related content are provided for general informational, educational, and recreational purposes. They are not medical advice and are not a substitute for advice from a physician, registered dietitian, or other qualified professional. The Service is designed primarily for general use by healthy adults. It is not designed to diagnose, treat, cure, or prevent a disease or to address specialized nutritional needs. Consult a qualified professional before making significant dietary or lifestyle changes, particularly if you have a medical condition, allergy, dietary restriction, history of an eating disorder, or other health concern, or if you are pregnant, breastfeeding, or trying to conceive. Nutrition values and calorie estimates may be based on third-party databases, formulas, user information, recipe assumptions, serving estimates, or automated calculations. Actual values may differ because of ingredient brands, quantities, substitutions, preparation methods, serving sizes, and data limitations. You are responsible for checking ingredients, labels, allergens, recalls, safe cooking temperatures, storage requirements, and suitability for your needs. Do not rely solely on the Service to identify an allergen or food-safety risk. 9. Sundae intellectual property The Service, including its software, design, interfaces, branding, trademarks, documentation, and Sundae-created materials, is owned by or licensed to Sundae and protected by intellectual-property laws. Subject to these Terms, Sundae grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purposes. This license does not give you ownership of the Service or permission to use Sundae's trademarks, branding, software, or other protected materials outside the Service without written approval. 10. User Content "User Content" means recipes, images, videos, text, links, comments, and other material that a user imports, uploads, submits, or shares through the Service. 10.1 Ownership and responsibility You retain your ownership rights in User Content. You are responsible for User Content and confirm that you own it or have all permissions needed to submit it and authorize Sundae's uses described below. You must not submit content in a way that infringes copyright, trademark, privacy, publicity, contract, or another person's rights. Attribution or a source link does not replace permission where permission is required. 10.2 Content imported for personal use When you import content for your personal use, you grant Sundae a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, format, and associate shopping functionality with that content as reasonably necessary to let you save, organize, view, and shop the recipe and to provide, secure, and maintain the Service. Sundae will not publicly publish or use content imported for personal use in marketing unless you choose to share or publish it through a feature of the Service, separately authorize publication, or another legal basis permits the use. 10.3 Content shared or published through the Service When you choose to share or publish User Content through the Service, you grant Sundae a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, format, adapt for technical presentation, distribute, display, perform, and make that content available through the selected sharing or publication feature. Sharing may make content available to selected recipients or to the public, depending on the feature and settings you choose. If you choose to publish User Content publicly, the license also allows Sundae to use excerpts, thumbnails, and reasonable promotional displays of that publicly available content to operate and promote the Service. You remain responsible for confirming that you have permission to share or publish the content and for selecting the appropriate sharing settings. This license continues while the content remains available through the Service and for a reasonable period needed for backups, legal compliance, previously authorized uses, or removal from systems outside Sundae's direct control. 10.4 Authorized Creator Content Sundae values the creators and food influencers who inspire our users. Through agreements with certain creators and rights holders, the Service may publicly feature their recipes, ingredient lists, instructions, photographs, videos, names, social handles, and related materials ("Creator Content"). Creator Content may be provided directly by the creator or rights holder, or added to the Service by Sundae with their authorization. The creator or applicable rights holder retains ownership of Creator Content. Sundae uses Creator Content under the applicable Creator Tool Terms and Conditions or another agreement with the creator or rights holder. Sundae does not acquire ownership merely because Creator Content is displayed through the Service. Sundae may format Creator Content for presentation, identify the creator, and add or associate Shopping Links, shopping lists, carts, nutrition information, substitutions, or other Service features. Users may view, save, shop, and share Creator Content only through the features Sundae makes available. Those features do not transfer ownership or grant users a right to copy, republish, sell, or commercially exploit Creator Content outside the Service. Where Sundae publicly displays authorized Creator Content, Sundae will use commercially reasonable efforts to identify the creator using the name, social media handle, source link, or other attribution information supplied to Sundae. Attribution may be adjusted where required by law, the applicable creator agreement, a creator's instructions, or reasonable technical and formatting limitations. Display of Creator Content does not imply that the creator endorses every product, Shopping Partner, substitution, nutrition estimate, or other feature associated with the content unless expressly stated. 10.5 Other third-party content The Service may also display or process recipes and related materials from other sources when submitted by a person who confirms that they have the necessary rights, authorized by the rights holder, licensed from another source, or otherwise permitted by applicable law. Sundae does not claim ownership of that third-party content. Attribution does not imply endorsement, sponsorship, or affiliation unless expressly stated. If you own content displayed through the Service and believe it is unauthorized, contact hello@sundaefoods.com with enough information for us to identify the content, its location, the rights involved, and your relationship to the content. Sundae will review sufficiently detailed, good-faith notices promptly and take the action it reasonably determines appropriate. Depending on the circumstances, this may include removing or restricting the content, correcting its attribution, requesting additional information, notifying the affected user, or following an applicable notice-and-counter-notice process. Sundae does not guarantee that every notice will result in removal. 10.6 Content posted outside the Service Sundae may ask for permission to feature content that you post on social media or another third-party service. Sundae's use of that content will be governed by the permission you provide, including any agreed channels, purposes, and duration. Tagging, mentioning, or linking to Sundae does not by itself grant Sundae permission to use your content for marketing. 10.7 Removal and moderation Sundae may remove, restrict, or decline to publish User Content that violates these Terms, creates legal or safety risk, or is otherwise unsuitable for the Service. Sundae may manage or remove Creator Content as permitted by the applicable creator agreement. Sundae does not guarantee that User Content or Creator Content will remain available. 11. Creator program Creators accepted into a Sundae creator program are subject to separate Sundae Creator Tool Terms and Conditions presented during creator onboarding. Those Creator Terms govern creator access, content, Shopping Links, commissions, payments, and participation in the creator program. If the Creator Terms conflict with these General Terms on one of those subjects, the Creator Terms control. 12. Copyright complaints Sundae responds to properly submitted notices of claimed copyright infringement. A notice should include: • identification of the copyrighted work claimed to have been infringed; • identification and location of the material claimed to be infringing; • the complaining party's name and contact information; • a statement that the complaining party has a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; • a statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act for the rights holder; and • the physical or electronic signature of the authorized person. Send copyright notices to: Sundae Foods Inc. Email: hello@sundaefoods.com Subject: Copyright Notice Sundae may remove or restrict challenged material and may terminate repeat infringers where appropriate. If Sundae provides a formal counter-notice process for a particular removal, it will provide the affected user with the applicable instructions. 13. Third-party services and links The Service may integrate with or link to third-party services, including Shopping Partners, app stores, sign-in providers, cloud hosting, analytics, artificial-intelligence tools, payment services, and social platforms. Third-party services are governed by their own terms and privacy practices. Sundae does not control and is not responsible for their independent services, content, security, availability, or acts and omissions, except where applicable law provides otherwise. An integration, link, reference to, or display of a third party's name, brand, content, product, or service does not by itself imply endorsement, sponsorship, partnership, or affiliation by or between Sundae and that third party unless expressly stated. 14. Disclaimer of warranties To the fullest extent permitted by law, the Service is provided "as is" and "as available." Sundae disclaims express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and any warranty arising from a course of dealing or usage of trade. Sundae does not warrant that the Service will meet every requirement or that recipes, nutrition information, recommendations, Shopping Links, third-party information, or other content will be accurate, complete, current, uninterrupted, or error-free. Nothing in these Terms excludes a warranty or right that applicable law does not permit Sundae to exclude. 15. Limitation of liability To the fullest extent permitted by law, Sundae and its affiliates, officers, directors, employees, contractors, licensors, and partners will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, business, opportunity, goodwill, or data, arising from or relating to the Service. Sundae is not responsible for harm caused by reliance on nutrition estimates, allergens, substitutions, third-party products, third-party content, Shopping Partners, or content submitted or imported by users, except to the extent liability cannot lawfully be limited. These limitations apply regardless of the legal theory asserted and even if Sundae was advised that a loss was possible. They do not apply where prohibited by law. 16. Indemnification To the extent permitted by law, you will defend, indemnify, and hold harmless Sundae, its affiliates, officers, directors, employees, contractors, and partners from third-party claims, liabilities, losses, damages, and reasonable legal expenses arising from your User Content, misuse of the Service, breach of these Terms, violation of law, or infringement of another person's rights. This obligation does not apply to the extent a claim was caused by Sundae's own unlawful conduct. 17. Events outside reasonable control Sundae is not responsible for delay or failure caused by an event outside its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, labor disruption, governmental action, sanctions, internet, utility, banking or telecommunications failure, cyberattack, or material failure of a third-party provider. 18. Suspension and termination You may stop using the Service and may close your account through available account controls or by contacting hello@sundaefoods.com. Sundae may suspend or terminate your access if you breach these Terms; create legal, security, safety, or material operational risk; infringe another person's rights; misuse the Service; fail to pay an applicable charge; or if suspension is reasonably required by law or a third-party platform. Sundae may also restrict, suspend, or terminate access for conduct not specifically listed in these Terms where Sundae reasonably determines in good faith that the conduct threatens the security, integrity, fairness, availability, or lawful operation of the Service; harms users, creators, Sundae, or its partners; or attempts to circumvent safeguards or program requirements. Where reasonably practicable, Sundae may provide notice and an opportunity to correct the issue. Sundae may act immediately where it reasonably believes urgent action is necessary to prevent fraud, security risks, legal exposure, harm, or material disruption. Sundae may also discontinue the Service or an account feature. Where practicable, Sundae will provide reasonable notice of a material discontinuation, but no minimum notice is guaranteed unless required by law. Upon termination, your right to use the affected Service ends. Provisions that by their nature should continue, including ownership, licenses needed for existing authorized uses, disclaimers, liability limitations, indemnification, and dispute provisions, will continue. 19. Changes to these Terms Sundae may update these Terms prospectively. The updated version will be posted with a new "Last Updated" date. For a material change, Sundae will provide reasonable notice where practicable. Continued use of the Service after the stated effective date of updated Terms constitutes acceptance of the update. If you do not agree, you must stop using the Service. 20. Governing law and disputes Delaware law governs these Terms, without applying conflict-of-law rules that would select another jurisdiction's laws. Any dispute not subject to a different enforceable agreement between you and Sundae will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction. Disputes arising specifically from participation in the creator program are governed by the dispute provisions in the applicable Creator Tool Terms. Nothing in this section limits rights that applicable consumer law does not permit you to waive. 21. General provisions These Terms and the documents expressly incorporated into them form the agreement between you and Sundae concerning the Service. If Sundae does not enforce a provision on one occasion, that does not waive its right to enforce it later. If a provision is found unenforceable, it will be narrowed only as much as necessary, and the remaining provisions will continue to apply. You may not transfer your account or rights under these Terms without Sundae's written consent. Sundae may transfer these Terms to an affiliate or in connection with a merger, financing, reorganization, or sale of its business or assets. 22. Contact Sundae Foods Inc. Delaware, United States Email: hello@sundaefoods.com