Terms of Use

Last updated: 2 October 2026

1. Acceptance

Welcome to Sundae, a product of WAAAVE, Inc., a Delaware corporation doing business as Sundae ("WAAAVE", "we", "us"), 1111B S Governors Ave STE 26419, Dover, DE 19904, USA — hello@sundae.fm, https://sundae.fm. By accessing or using Sundae, you agree to these Terms of Use ("Terms"). When you sign up, the phone-number screen reads: "By continuing, you agree to our Terms of Use and confirm that you read our Privacy Policy." Continuing from that screen is your acceptance. If you do not agree, please do not use Sundae.

These Terms apply together with Apple's Standard End User License Agreement ("Apple EULA"), which governs the license to use the app. Where these Terms and the Apple EULA differ, these Terms apply to the extent permitted by the Apple EULA and applicable law.

Who Sundae is for. Sundae is a voice-first community for gay and queer men, however you define yourself and however that changes over time. It is for people 18 years old and over, everywhere. We don't ask your gender, your orientation or your pronouns to let you in. By using Sundae, you confirm that you are at least 18 years old and that you are legally allowed to use a service like Sundae where you live.

Our Community Guidelines and our Privacy Policy are part of these Terms.

2. Access and membership

Sundae is members-only. Every application is reviewed by a person before the account gets access to the community. Submitting an application does not guarantee access, and an invitation from a member does not skip the review. We may accept or decline any application without stating a reason.

You are responsible for keeping your account secure. Don't share access with anyone. If you delete your account, you can reactivate it within 30 days by logging back in. After those 30 days, your account is permanently deleted.

3. Accounts

• You must provide a valid phone number to register. We verify it with a one-time code.
• At launch, you join Sundae through a member's invitation or by applying, and every application is reviewed by our team before access is granted. We may change how people join in the future.
• You are responsible for keeping your login and the device you use Sundae on secure.
• One person, one account. Your account is personal and may not be sold, transferred or shared.
• We may suspend or terminate accounts that violate these Terms.
• We may refuse access to anyone who does not comply with our policies.
• We may change or discontinue any part of the service. When a change significantly affects you, we will try to let you know in advance.

4. Community Guidelines and zero tolerance

Sundae has zero tolerance for objectionable content and for abusive users. To keep Sundae the place you applied to, you may not post, send or do any of the following:

• Hate speech, slurs, harassment, bullying, threats, or attacks on anyone for their race, ethnicity, religion, body, age, disability, HIV status, gender identity or expression (including femmephobia, transphobia and biphobia); exclusion lists in a profile or answer.
• Nudity or sexually explicit content anywhere on Sundae, including profiles, photos, voice recordings and private messages; pressuring anyone into sending photos, meeting up, or anything else.
• Outing anyone: telling anyone outside Sundae that a specific person is on it, or sharing someone's photos, voice, profile, messages, screenshots, workplace or location outside Sundae.
• Threatening to reveal anything about someone, and sextortion. These lead to an immediate permanent ban and may be reported to the authorities.
• Recording, downloading, re-uploading, forwarding, transcribing or distributing other members' voices, photos or messages; using anyone's voice to train, clone or imitate them.
• Impersonation, deepfakes, photos that are not you, and AI-generated or AI-altered photos or voices.
• Lying about your age.
• Anything involving minors: accounts of people under 18, content that sexualises minors, or contact with someone you know or believe is a minor. This leads to an immediate permanent ban and a report to the competent authorities (including NCMEC in the United States).
• Spam, automation, bots, bulk messages and fraudulent activity, including romance scams and asking for money, gifts, crypto or financial details.
• Selling or promoting anything (products, services, events, accounts, sex work).
• Buying, selling or arranging drugs; promoting violence, weapons, self-harm or eating disorders.
• Stalking, doxxing, or sharing private information about other members.
• Capturing other members and sharing it: taking screenshots or screen recordings of another member's photos, profile, voice or messages and sharing them outside Sundae without that member's consent. You may share screenshots and recordings of your own profile and of Sundae's interface — as long as no other member can be identified (hide or blur faces, names and voices) and no private conversation is shown. Breaking this rule can lead to an immediate permanent ban.
• Any other behaviour that we reasonably consider harmful to members, or that is illegal where you or the other person live.

Reporting and blocking. You can block and report any member from their profile or from a conversation. Blocking is immediate: the blocked member can no longer see you in Discover or contact you. Reports are confidential: the reported member is not told who reported them. Every report is read by a person, and we act on reports as quickly as we can. We act on objectionable content and abusive users by removing the content and, depending on what happened, warning, suspending or permanently banning the member who posted it.

5. Your content and our license

• You keep ownership of your voice recordings, photos and other content.
• By using Sundae, you give us a non-exclusive, worldwide, royalty-free, sub-licensable license to store, display, reproduce, adapt (for example, to resize a photo or transcribe a recording) and make your content available to other members, solely to operate, secure and improve Sundae. Sub-licensing is limited to the service providers that help us run Sundae. This license ends when your content or your account is deleted, except for copies we must keep as described in Section 6 and in the Privacy Policy.
• We may remove any content that violates these Terms or the Community Guidelines.
• Your content is stored for as long as your account is active.
• You may not upload or share content you do not have the right to share.
• We never use your content (voice, photos, name, profile) in marketing or promotion, or show it anywhere outside the app, without your explicit, prior, opt-in consent for that specific use.

6. Privacy and data

• Your data is collected, used and stored as described in our Privacy Policy.
• Joining and using an app for gay and queer men may reveal your sexual orientation. By choosing to sign up and use Sundae, you explicitly consent to us processing that information to run the service. You can withdraw that consent at any time by deleting your account (see Section 4 of the Privacy Policy).
• Your voice recordings are transcribed so they can be played with captions and moderated: on your device by Apple's speech recognition where your device supports it, otherwise by our transcription provider (ElevenLabs). We do not use your voice or transcripts to train any AI model.
• Sundae uses privacy-focused analytics (PostHog, hosted in the EU) to understand how the app is used. Sundae shows no ads, uses no advertising SDK, and never sells or shares your data with advertisers or data brokers.
• We never disclose a member's sexual orientation, messages or voice to anyone unless the law requires it.
• You can delete your account at any time in the app. Your voice recordings and photos are deleted with your account.
• We keep certain account-related data (such as logs of interactions) for up to 30 days after account deletion for legal, security and fraud-prevention purposes. After this period, your personal data is permanently deleted, except as described below.
• If an account has been banned for violating our policies, we may keep related records for up to two years for legal compliance and to enforce the ban.
• We comply with applicable privacy laws, including the GDPR and applicable U.S. state privacy laws.

7. SMS

When you sign up or log in, we send a one-time code by SMS to verify your phone number. This is the only SMS Sundae sends: we do not text you about your application or for marketing. Everything else, including the decision on your application, reaches you through push notifications in the app.

The code message is triggered by your own request and never mentions sexual orientation. Standard message and data rates may apply. For help, write to hello@sundae.fm.

8. Moderation and appeals

• Every application is reviewed by a person before the account gets access.
• Content is moderated by people, based on member reports and on our own review.
• If we use automated tools to help us spot violations, a person always makes the final decision on any suspension or ban.
• We may remove content and suspend or permanently ban accounts that violate these Terms or the Community Guidelines, with or without prior warning.
• You can ask us to review any moderation decision by writing to hello@sundae.fm. A person will look at it again and tell you the outcome. Bans for serious safety violations (anything involving minors, outing threats, sextortion, violence or scams) are only reversed if we find that we made a mistake.

9. Disclaimers and liability

• Sundae is provided "as is" and "as available".
• We review applications, but we do not run background checks and we do not verify members' identities. A reviewed profile is not a guarantee of who someone is.
• We are not responsible for content posted by members or for members' conduct, on or off Sundae.
• We do not guarantee that you will make any connection on Sundae.
• You are responsible for your interactions with other members. Take care when you communicate with or meet anyone: meet somewhere public, tell a friend where you are, and leave whenever you want.
• To the extent permitted by applicable law, WAAAVE is not liable for any damages arising from your use of Sundae, including emotional distress, financial loss or physical harm, and is not liable for indirect, incidental or consequential damages.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or, where you are a consumer in the EU or the UK, for damage caused intentionally or by gross negligence.

10. Disputes

• Talk to us first. If you have a problem with Sundae, please write to hello@sundae.fm so we can try to resolve it informally.
• If you live in the United States: any dispute arising from these Terms or from Sundae that we cannot resolve informally will be resolved by binding individual arbitration under U.S. law, and you and WAAAVE each waive the right to take part in a class action or class-wide arbitration. Either of us may instead bring an individual claim in small-claims court if it qualifies.
• Arbitration and the class-action waiver do not apply where the law of the country where you live does not allow them, including to consumers in the European Union, the United Kingdom and Latin America.
• If you are a consumer in the EU or the UK, you may bring a claim in the courts of the country where you live.
• Nothing in these Terms removes the rights you have as a consumer under the mandatory law of the country where you live.

11. Local laws

• Sundae is offered in selected countries only.
• If you use Sundae outside the United States, you are responsible for complying with your local laws. Same-sex relationships are criminalised or unsafe in some countries; please take care when using Sundae there.
• You have rights under applicable data protection laws, including the right to access, correct and delete your personal data. See the Privacy Policy.

12. Termination and enforcement

• We may suspend or permanently ban members who violate these Terms or the Community Guidelines.
• You may not create a new account after being banned. To enforce bans, we keep limited identifiers of banned accounts (see the Privacy Policy).
• We may investigate suspected violations and take appropriate action, including reporting to the authorities where the law requires it or where someone is in danger.
• You may end these Terms at any time by deleting your account in the app.

13. Governing law

These Terms are governed by the laws of the State of Delaware, USA, subject to Section 10 and without depriving you of the protection of the mandatory laws of the country where you live.

14. Changes to these Terms

We may update these Terms. If a change is significant, we will let you know in the app or by other appropriate means before it takes effect. The date at the top of this page shows when these Terms were last updated.

Contact

Questions about these Terms? Write to us at hello@sundae.fm.

WAAAVE, Inc. — 1111B S Governors Ave STE 26419, Dover, DE 19904, USA