1. Agreement
These Terms of Service ("Terms") are an agreement between you and Andre Dalwin Tan, the developer of Sundae Camera ("Sundae," the "App," "I," or "me"). They apply when you access or use the Sundae app, its Apple Watch and nearby-device features, beta builds, documentation, and sundae.cam (together, the "Services").
By downloading, installing, accessing, or using the Services, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old, or the equivalent minimum age where you live, to use a TestFlight beta. If you are under the age of legal majority in your jurisdiction, a parent or guardian must review and agree to these Terms with you. You may use the Services only where doing so is lawful.
3. License and Apple terms
Subject to these Terms, you receive a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use Sundae on Apple-branded products you own or control, as allowed by Apple's applicable usage rules. The App is licensed, not sold. No rights are granted except those stated here.
Your download and use may also be governed by Apple's Standard Licensed Application End User License Agreement, Apple Media Services terms, and, while in beta, Apple's TestFlight Terms of Service. These Terms supplement those Apple terms and do not change Apple's rights or obligations.
The agreement for Sundae is between you and the developer, not Apple. The developer, not Apple, is responsible for the App, maintenance and support, and addressing claims about the App, subject to applicable law. Apple and its subsidiaries are third-party beneficiaries of the portions of these Terms concerning the App license and may enforce those provisions.
4. Beta software
Sundae may be provided as pre-release software through TestFlight. Beta builds are offered for evaluation and feedback, can expire, may contain errors, and may change or stop being available without notice. Features, appearance, compatibility, output, and file formats can change before release.
A beta may crash, process a photo differently than expected, or cause app data to be lost. Keep independent backups of important photos and negatives, review output before deleting an original, and avoid relying on Sundae as the only copy of irreplaceable work. TestFlight separately collects beta testing data under Apple's terms.
5. Your photos and content
You retain your rights in photos, RAW files, edits, and other content you use with Sundae. Sundae processes that content on your devices and does not claim ownership of it. You give the App permission to access and process content only as needed to provide the feature you choose, such as capture, save, browse, import, edit, export, or nearby-device preview.
You are responsible for your content and for having any permissions needed to create, edit, publish, or share it. Respect privacy, portrait and publicity rights, copyrights, location restrictions, and other laws that apply when you photograph or distribute content.
6. Acceptable use
You must not:
- Use the Services for unlawful, abusive, deceptive, or rights-infringing activity.
- Circumvent security, access restrictions, device compatibility checks, beta controls, or technical limits.
- Copy, redistribute, rent, lease, sell, sublicense, reverse engineer, decompile, disassemble, modify, or create derivative works of the App except where applicable law or an open-source license expressly permits it.
- Interfere with the Services, send malicious code, probe systems without authorization, or use automated means that place unreasonable load on the website.
- Remove or obscure product identity, copyright, trademark, attribution, or legal notices.
7. Sundae ownership
The App, website, interface, Vibes, visual treatments, code, documentation, product identity, and included assets are owned by Andre Dalwin Tan or their respective licensors and are protected by intellectual-property laws. "Sundae," the Sundae logo, and related product presentation may not be used to imply endorsement or affiliation without permission.
Apple, iPhone, iPad, Apple Watch, App Store, TestFlight, ProRAW, and related marks are trademarks of Apple Inc. Sundae is an independent third-party app and is not sponsored by Apple.
8. Feedback
If you voluntarily send ideas, suggestions, crash comments, screenshots, or other feedback, you allow the developer to use, reproduce, adapt, and incorporate it without restriction or compensation for the purpose of evaluating, supporting, improving, and promoting Sundae. You keep ownership of any underlying photo you include.
Do not include confidential information or content you do not have permission to share. TestFlight feedback may be processed by Apple and can include device details or personal information as described in Apple's TestFlight terms.
9. Third-party services
The Services rely on or link to third-party products, including Apple's operating systems, Photos, TestFlight, App Store, and connectivity frameworks; PostHog for app analytics and bounded reliability events; Vercel for the supporting website; and external websites linked from sundae.cam. These providers' own terms and privacy policies apply.
Third-party services may change, become unavailable, or behave differently by device, region, operating-system version, or provider. To the maximum extent permitted by law, the developer is not responsible for third-party services or content outside Sundae's control.
10. Changes, availability, and termination
Sundae may add, remove, limit, or change features, compatibility, beta access, or the Services at any time. Updates may be required to keep using the App. No particular feature, Vibe, device, output, or release schedule is guaranteed.
You may stop using the Services at any time and can end beta participation by deleting the beta app. The license granted by these Terms ends automatically if you materially breach them. Provisions that by their nature should survive—such as ownership, disclaimers, liability limits, and dispute terms—will continue after termination.
11. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available," with all faults and without warranties of any kind. The developer disclaims implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement.
There is no promise that Sundae will be uninterrupted, error-free, compatible with every device or accessory, preserve every file, produce a particular artistic or technical result, or meet professional, archival, evidentiary, or commercial needs. Some jurisdictions do not allow certain warranty exclusions, so these exclusions may not apply to you.
12. Limitation of liability
To the extent not prohibited by law, the developer will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of photos, data, profits, opportunity, reputation, or business interruption arising from or related to the Services, even if advised that such loss was possible.
To the extent not prohibited by law, total liability for all claims relating to the Services will not exceed the greater of the amount you paid to purchase Sundae or US$50. These limits do not exclude liability that cannot legally be limited, including applicable rights concerning personal injury, fraud, gross negligence, willful misconduct, or mandatory consumer protection.
13. Governing law
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law principles. Courts located in Metro Manila will have non-exclusive jurisdiction over disputes, unless the mandatory consumer laws where you live give you the right to use another law or forum.
Before filing a claim, you and the developer agree to make a reasonable good-faith effort to resolve the issue informally. Nothing here limits a right to contact a consumer-protection or privacy regulator.
14. Changes to these Terms
These Terms may be updated as Sundae leaves beta, adds features, or legal requirements change. A new effective date will appear here. If a change materially affects your rights, notice may also be provided in the App or through the distribution channel. Continued use after updated Terms take effect means you accept them, where permitted by law.
15. Contact
Sundae Camera is developed by Andre Dalwin Tan in Manila, Philippines. For support or questions about these Terms, get in touch through andredalwin.com.