Terms of Service

1.Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Sundaze ("Company," "we," "us," "our") governing your access to and use of the Sundaze mobile application (the "App") and all related services, features, content, and functionality.

By creating an account, downloading, installing, accessing, or using the App, you represent that:

1. You have read, understood, and agree to be bound by these Terms
2. You have read and agree to our Privacy Policy
3. You meet all eligibility requirements
4. You have the legal capacity to enter into this Agreement
5. You understand and accept the risks associated with sun exposure

If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.Description of Service

Sundaze is a mobile application designed to enhance your tanning experience by providing:

Core Features

• UV Index Tracking: Real-time and forecasted UV data based on your location
• Personalized Recommendations: Sun exposure suggestions based on your Fitzpatrick skin type
• Session Timing: Tanning session management with duration tracking
• Flip Reminders: Notifications to help achieve even tanning
• Burn Time Estimates: Approximate time to sunburn based on UV and skin type
• Vitamin D Calculations: Estimated time to produce vitamin D
• SPF Recommendations: Suggested sunscreen protection levels
• Weather Integration: Temperature, humidity, cloud cover, and sunrise/sunset times

Progress Tracking

• Tanning session history and statistics
• Streaks and activity tracking
• Achievement system
• Personal tanning journal

Social Features

• Friend connections via unique friend codes
• Leaderboards and rankings
• Profile customization

Premium Features

• Access to all app themes
• Additional features as developed

What Sundaze is NOT

• A medical device
• A substitute for professional medical advice
• A guarantee of safe tanning
• A sunburn prevention system
• FDA-approved or medically certified

3.Eligibility

Age Requirements

You must be at least 13 years old to use Sundaze. By using the App, you represent and warrant that you meet this minimum age requirement.

If you are between 13 and 18 years old (or the age of majority in your jurisdiction):

• You represent that your parent or legal guardian has reviewed and agrees to these Terms
• Your parent or guardian assumes responsibility for your use of the App
• Your parent or guardian acknowledges the health risks associated with sun exposure

Geographic Restrictions

The App is intended for use in jurisdictions where sun exposure guidance applications are legal. You are responsible for compliance with local laws.

Account Restrictions

You may not use the App if:

• You have been previously banned or suspended
• You are prohibited by law from using such services
• You cannot form legally binding contracts

4.Account Registration

Account Creation

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your account credentials secure and confidential
• Not share your account with others
• Not create multiple accounts
• Notify us immediately of any unauthorized access

Account Responsibility

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your account
• Any consequences of unauthorized access due to your failure to secure your account

Profile Information

Your profile may include:

• Display name (visible to friends and on leaderboards)
• Profile photo (optional)
• Skin type and tanning preferences
• Tanning statistics and achievements

You represent that any information or content you provide is accurate and does not violate any third party's rights.

5.Health, Safety, and Assumption of Risk

Understanding UV Exposure

Ultraviolet (UV) radiation from the sun has both benefits and risks:

Potential Benefits of Sun Exposure

• Vitamin D production
• Mood enhancement
• Circadian rhythm regulation
• Potential skin condition improvements (under medical supervision)

Known Risks of UV Exposure

• Sunburn (erythema)
• Premature skin aging (photoaging)
• Eye damage (photokeratitis, cataracts)
• Immune system suppression
• Skin cancer (basal cell carcinoma, squamous cell carcinoma, melanoma)
• Hyperpigmentation and uneven skin tone
• Allergic reactions (photosensitivity)
• Heat-related illness

Assumption of Risk

By using Sundaze, you expressly acknowledge and agree that:

1. Sun exposure carries inherent risks including but not limited to sunburn, skin damage, premature aging, eye damage, heat illness, and increased risk of skin cancer, including potentially fatal melanoma.
2. You voluntarily assume all risks associated with sun exposure and tanning activities undertaken while using or in connection with this App.
3. The App provides estimates only. Burn times, vitamin D calculations, and exposure recommendations are approximations based on general data and may not accurately reflect your individual circumstances.
4. UV data may be inaccurate. UV index readings are obtained from third-party sources and may contain errors, delays, or inaccuracies. Actual UV exposure may differ significantly from displayed values.
5. Individual responses vary significantly. Your actual response to UV exposure depends on numerous factors including but not limited to genetics, current medications, medical conditions, recent skin treatments, altitude, reflective surfaces, time of year, latitude, cloud cover, previous sun exposure, hydration, and overall health status.
6. You are solely responsible for all decisions regarding your sun exposure, including duration, time of day, use of sunscreen, protective clothing, and whether to tan at all.
7. Sundaze does not guarantee that following the App's recommendations will prevent sunburn, skin damage, or any other adverse health effects.

Medical Disclaimer

High-Risk Users

You should consult a physician before using this App if you:

• Have a personal or family history of skin cancer
• Have numerous moles, atypical moles, or a history of suspicious lesions
• Have fair skin that always burns and never tans (Fitzpatrick Type I)
• Have a photosensitivity disorder or autoimmune condition
• Are taking medications that increase sun sensitivity (antibiotics, NSAIDs, diuretics, retinoids, antidepressants, antipsychotics, chemotherapy drugs, blood pressure medications, diabetes medications, birth control pills)
• Have recently had cosmetic procedures (chemical peels, laser treatments, etc.)
• Are pregnant or nursing
• Have a compromised immune system
• Have lupus, dermatomyositis, or other conditions worsened by sun exposure

Waiver of Claims

To the maximum extent permitted by applicable law, you hereby waive, release, and discharge Sundaze and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to:

• Sunburn, sun damage, or skin injury
• Skin cancer or other diseases
• Eye damage or vision problems
• Heat stroke, heat exhaustion, or dehydration
• Any other health condition related to sun exposure
• Reliance on UV data, recommendations, or calculations provided by the App
• Any personal injury or property damage related to tanning activities
• Any adverse effects from following App recommendations

Your Safety Responsibilities

You agree to:

• Use sunscreen and protective measures as appropriate
• Monitor your own skin during sun exposure
• Seek shade and hydration as needed
• Stop sun exposure if you notice burning or discomfort
• Consult a dermatologist regularly if you tan frequently
• Perform regular skin self-examinations
• Never rely solely on the App for sun safety decisions
• Use the App as one of many tools in making informed decisions

6.User Responsibilities

Accurate Information

You are responsible for providing accurate information, particularly regarding your skin type. Inaccurate skin type selection may result in inappropriate recommendations and increased risk of harm.

Safe Practices

You agree to:

• Use common sense and exercise caution when tanning
• Not exceed recommended exposure times without careful consideration
• Apply and reapply sunscreen as appropriate for your situation
• Protect your eyes with appropriate UV-blocking eyewear
• Stay hydrated during sun exposure
• Avoid tanning during peak UV hours (typically 10 AM to 4 PM) if you are sensitive
• Seek medical attention for severe sunburns or concerning skin changes
• Not use the App while engaging in activities requiring full attention (driving, operating machinery)

Compliance with Laws

You are responsible for complying with all applicable laws and regulations regarding sun exposure, including any local restrictions or guidelines.

7.Acceptable Use Policy

Prohibited Activities

You agree NOT to:

General Misuse

• Use the App for any unlawful purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Provide false or misleading information
• Create multiple accounts or false identities

Technical Violations

• Attempt to access, probe, or scan the App for vulnerabilities
• Interfere with or disrupt the App's operation or servers
• Circumvent any security measures or access controls
• Use automated systems, bots, or scrapers to access the App
• Reverse engineer, decompile, or disassemble the App
• Introduce viruses, malware, or other harmful code
• Overload or flood the App's infrastructure

Content Violations

• Upload offensive, harmful, or inappropriate content
• Upload content that infringes intellectual property rights
• Harass, bully, or threaten other users
• Engage in hate speech or discrimination
• Share private information of others

Commercial Violations

• Use the App for unauthorized commercial purposes
• Resell or redistribute App features
• Scrape or harvest user data
• Advertise or solicit without authorization

Enforcement

We reserve the right to:

• Remove any content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal activities to law enforcement
• Take legal action to protect our rights

8.Premium Subscription

Subscription Tiers

Sundaze offers premium features through paid subscriptions. Premium features may include:

• Access to all theme options
• Additional features as developed
• Ad-free experience (if applicable)
• Priority support

Billing

• Subscriptions are billed through the Apple App Store
• Payment is charged to your App Store account upon purchase confirmation
• Prices are displayed in your local currency and include applicable taxes

Auto-Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your App Store account settings

Free Trials

• If a free trial is offered, it converts to a paid subscription unless canceled before the trial ends
• Only one free trial per Apple ID
• Unused trial time is forfeited upon subscription purchase

Cancellation and Refunds

• Cancel anytime through App Store account settings
• Cancellation takes effect at the end of the current billing period
• No partial refunds for unused subscription time
• Refund requests must be directed to Apple per their refund policies

Price Changes

• We reserve the right to change subscription prices
• Price changes take effect at the next renewal
• You will be notified of price changes in advance

9.Intellectual Property

Our Rights

The App and all of its contents, features, and functionality are owned by Sundaze and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Source code and software
• Visual design and user interface
• Graphics, logos, and icons
• Text, content, and documentation
• Algorithms and calculations
• Data compilations
• Trade dress and branding

Your License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal device
• Access and use the App for personal, non-commercial purposes

License Restrictions

You may NOT:

• Copy, modify, or distribute the App
• Sublicense, sell, or transfer the App
• Remove any copyright or proprietary notices
• Use our trademarks without written permission
• Create derivative works based on the App
• Use the App to develop competing products

Feedback

If you provide feedback, suggestions, or ideas, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such feedback without compensation or attribution.

10.User Content

Your Content

You retain ownership of content you create or upload, including:

• Profile photos
• Display names
• Session notes
• Any other user-generated content

License Grant

By uploading content, you grant us a non-exclusive, royalty-free, worldwide, sublicensable license to:

• Use, display, and reproduce your content within the App
• Distribute your content to other users as part of social features
• Modify or adapt your content for technical purposes (resizing, formatting)

Content Standards

Your content must not:

• Be illegal, harmful, threatening, or harassing
• Infringe any third party's rights
• Contain personal information of others without consent
• Be deceptive, misleading, or fraudulent
• Contain malware or harmful code
• Violate these Terms or our community standards

Content Removal

We reserve the right to remove any content that violates these Terms, without notice. We are not obligated to monitor user content but may do so at our discretion.

11.Third-Party Services

Integrations

The App uses third-party services including weather and UV data providers, cloud hosting and database services (Supabase), analytics services, and the Apple App Store for payments.

Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

No Endorsement

Inclusion of third-party services does not constitute endorsement. We make no representations about third-party services.

Service Availability

Third-party services may be unavailable, discontinued, or changed without notice. We are not liable for any such changes.

12.Disclaimers

Disclaimer of Warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Merchantability: The App may not meet your expectations
• Fitness for a particular purpose: The App may not be suitable for your specific needs
• Non-infringement: We do not warrant that the App does not infringe third-party rights
• Accuracy: UV data, calculations, and recommendations may contain errors
• Completeness: Information provided may be incomplete
• Reliability: The App may not operate without interruption or error
• Timeliness: Data may be delayed or outdated
• Security: We cannot guarantee absolute security
• Virus-free: We do not warrant that the App is free from viruses or harmful code

Specific Disclaimers

UV Data Disclaimer: UV index readings are obtained from third-party sources and are estimates only. Actual UV exposure may vary significantly based on location accuracy, atmospheric conditions, altitude, reflective surfaces, and other factors. We do not guarantee the accuracy, completeness, or timeliness of UV data.

Health Calculation Disclaimer: Burn times, vitamin D calculations, SPF recommendations, and exposure suggestions are general estimates based on population data. These calculations do not account for individual factors such as medications, skin conditions, recent procedures, or unique sensitivities. They should never be used as the sole basis for sun exposure decisions.

No Medical Advice: Nothing in the App constitutes medical advice. The App is not a medical device and has not been evaluated by the FDA or any regulatory body. Always consult qualified healthcare professionals for medical decisions.

Third-Party Content

We do not endorse, guarantee, or assume responsibility for any third-party content, products, or services advertised or offered through the App.

13.Limitation of Liability

Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall Sundaze, its parent company, affiliates, subsidiaries, directors, officers, employees, agents, partners, suppliers, or licensors be liable for any:

• Indirect damages: Including but not limited to loss of profits, data, use, goodwill, or other intangible losses
• Incidental damages: Arising from the use or inability to use the App
• Special damages: Even if we have been advised of the possibility of such damages
• Consequential damages: Resulting from any information obtained from the App
• Punitive damages under any circumstances
• Exemplary damages under any circumstances

Specific Exclusions

We are not liable for any:

• Sunburn, sun damage, skin cancer, or any skin-related conditions
• Eye damage from UV exposure
• Heat stroke, heat exhaustion, dehydration, or any heat-related illness
• Personal injury of any kind related to sun exposure or tanning
• Property damage (e.g., damage to clothing, belongings)
• Medical expenses or treatment costs
• Lost wages or economic damages
• Pain and suffering
• Death
• Decisions made based on App recommendations
• Inaccurate UV data, burn times, or calculations
• Third-party service failures
• Unauthorized access to your account
• Loss of data
• App unavailability or downtime
• Viruses or malware
• Any other damages arising from your use of the App

Liability Cap

Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Acknowledgment

You acknowledge that the limitations of liability reflect a reasonable allocation of risk, the App would not be provided without these limitations, and you have had the opportunity to consult with legal counsel regarding these Terms.

14.Indemnification

Your Obligation

You agree to indemnify, defend, and hold harmless Sundaze and its parent company, affiliates, subsidiaries, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, expenses (including reasonable attorneys' fees), judgments, settlements, fines, and penalties arising from or related to:

1. Your use of the App
2. Your tanning or sun exposure activities
3. Any injury, illness, or damage to yourself or others related to sun exposure
4. Your violation of these Terms
5. Your violation of any applicable laws or regulations
6. Your violation of any third party's rights
7. Your user content
8. Your negligence or willful misconduct
9. Any dispute between you and a third party
10. Any claim that your use of the App caused damage to a third party

Procedure

We will notify you of any claim subject to indemnification. You shall not settle any claim without our prior written consent. We reserve the right to assume exclusive defense of any claim at your expense.

15.Dispute Resolution

Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to conflict of law principles.

Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at sundazesupport@gmail.com to attempt informal resolution. We will attempt to resolve disputes within 30 days.

Binding Arbitration

Arbitration Rules

• Arbitration will be administered by JAMS under its Consumer Arbitration Rules
• Arbitration will take place in [Your City, State] or by video/telephone if you prefer
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Class Action Waiver

You and Sundaze agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

Exceptions

This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can seek relief against us on your behalf if the law permits.

Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to sundazesupport@gmail.com with the subject line "Arbitration Opt-Out."

Time Limitation

Any claim must be brought within one (1) year after the cause of action arises, or such claim is permanently barred.

16.Termination

Termination by You

You may stop using the App at any time. To delete your account, use the account deletion feature in App settings or contact sundazesupport@gmail.com.

Termination by Us

We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct harmful to other users or third parties
• Extended inactivity
• At our sole discretion for any or no reason

Effect of Termination

Upon termination:

• Your license to use the App immediately ceases
• We may delete your account and all associated data
• You must cease all use of the App
• Premium subscriptions must be canceled separately through App Store

Survival

The following sections survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, General Provisions.

17.Modifications

To the App

We reserve the right to modify, suspend, or discontinue the App at any time; change features, functionality, or content; impose limits on certain features; or restrict access to parts or all of the App.

We will provide reasonable notice of material changes when possible but are not obligated to do so.

To These Terms

We may modify these Terms at any time. When we make changes, we will update the "Last Updated" date. For material changes, we will provide notice through the App. Continued use after changes constitutes acceptance.

If you disagree with modified Terms, you must stop using the App.

18.General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Sundaze regarding the App.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

• You may not assign or transfer your rights under these Terms
• We may assign our rights to any affiliate or successor without restriction
• Any attempted assignment in violation of this section is void

No Third-Party Beneficiaries

Except as expressly stated (Apple), these Terms do not create any third-party beneficiary rights.

Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, or technical failures.

Notices

We may provide notices to you through the App, email, or other reasonable means. Notices to us must be sent to sundazesupport@gmail.com or our mailing address.

Headings

Section headings are for convenience only and have no legal effect.

Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

19.Contact Information

For questions about these Terms, please contact us:

Support email: sundazesupport@gmail.com

20.Apple App Store Terms

If you downloaded the App from the Apple App Store, you also agree to the following:

Acknowledgment

These Terms are between you and Sundaze only, not Apple. Apple is not responsible for the App or its content.

Scope of License

Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.

Maintenance and Support

Apple has no obligation to provide maintenance or support for the App. Sundaze is solely responsible for any support.

Warranty

Apple has no warranty obligation whatsoever with respect to the App. Any claims relating to the App's failure to conform to any warranty are Sundaze's responsibility.

Product Claims

Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, any claim that the App fails to conform to legal requirements, or claims arising under consumer protection or similar legislation.

Intellectual Property Claims

Apple is not responsible for the investigation, defense, settlement, or discharge of any claim that the App infringes any third party's intellectual property rights.

Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.

Apple Guidelines

You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.