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Sundial's new terms widen the content license and add arbitration

Most of the rewrite is renumbering and plainer sentences. Two paragraphs change the deal. The license you grant over your photos now covers modifying, distributing, and training models on them, and disputes move to individual arbitration with a postal opt-out that closes on January 7, 2027.

EFFECTIVE DEC 8, 2026Grasp · Aug 5, 2026

Three explanations of the same brief

No jargon, about fifteen seconds

Sundial's new terms widen the content license and add a private process instead of court

Someone has to act on a long document where the details are easy to miss. Before, who holds the license was Sundial. Now it is Sundial Labs, Inc. and its affiliates. The part to watch: The opt-out window is short, dated, and paper only.

SundialbeforeSundial Labs, Inc. and its …after
What changed about who holds the license

44 words · derived from the brief below, no model involved

Two paragraphs in a rewrite billed as clarity do more than restate the old ones.

Sundial Labs emailed this to every account holder on November 3, 2026. The terms take effect December 8. The summary at the top of the email runs four sentences; the document under it runs about nine thousand words, and the attached redline marks 41 clauses as changed.

Sundial is a photo and video app. The email says the terms have been rewritten to be shorter and clearer, and for most of the document that holds. Sections were renumbered, long sentences were cut, and definitions that used to sit wherever they were first needed now live together in Section 1.

Two paragraphs do something else. Section 5.2 is the license you hand Sundial over everything you upload, and it now names more uses, more parties, and one purpose the old sentence never mentioned. Section 14 has no counterpart at all in the 2024 terms: it moves disputes out of court and into individual arbitration, with thirty days to decline in writing.

text
5.2 License to Sundial.
 
You grant Sundial Labs, Inc. and its affiliates a worldwide, non-exclusive,
royalty-free, sublicensable license to host, store, cache, reproduce, modify,
create derivative works from, publicly display, and distribute Your Content
for the purpose of operating, providing, improving, and developing the
Services, including the training and improvement of machine learning models
used to provide the Services. Sundial will not sell Your Content to a third
party as a standalone work.
The verbs carry this paragraph. Reproduce, prepare derivative works, distribute, and publicly display are the four exclusive rights a copyright owner holds, and by the end of this sentence Sundial has a license to all of them. The 2024 sentence had two of the four. One word carries as much as the verbs do: sublicensable, meaning the license can be handed to someone who was never party to this agreement.
AspectSection 6.2 (March 12, 2024)Section 5.2 (December 8, 2026)
Who holds the licenseSundialSundial Labs, Inc. and its affiliates
Can it be passed onNo sublicense right in the sentencesublicensable
What may be done to the filehost, store, cache, reproduce, and displayhost, store, cache, reproduce, modify, create derivative works from, publicly display, and distribute
For what purposeoperating, providing, and improving the Servicesoperating, providing, improving, and developing the Services
Model trainingNot mentionedincluding the training and improvement of machine learning models used to provide the Services
Stated limit inside the paragraphNoneNo sale of Your Content to a third party as a standalone work
After you deleteLicense ends (6.4)License ends, except for backups and anything it was already incorporated into (5.4)
2024, SECTION 6.2you grantmayforYour photos and videosSundialone company, namedhost, store, cache, reprodu…displayoperate, provide, improvethe Services2026, SECTION 5.2you grantmayforYour photos and videosSundial and its affiliatesplus anyone sublicensedmodify, make derivative wor…publicly display, distributeoperate, provide, improvedevelop, and train models
The same grant in both versions. Every verb from 2024 survives; the right panel is what sits beside them now.Download for draw.io

The paragraph does not sit alone. Section 5.1 says you keep ownership of what you upload, in the same words as 2024. Section 5.3 carves Content in a Private Album out of the training use in 5.2. Section 5.4 ends the license when you delete the content or close the account, then says what termination does not reach: backup media, and any index, model, or derivative work the content went into before the deletion.

Affiliate is defined for the first time in this version. Section 1.1 calls it any entity that controls, is controlled by, or is under common control with Sundial Labs, Inc., including the entities listed in Schedule 1. The 2024 terms carried no such definition, because no clause in them used the word.

What this brief could not check

  • Section 1.1 defines Affiliate partly by reference to the entities listed in Schedule 1. Schedule 1 was not attached to the email and does not appear in the linked terms, so which companies the grant in 5.2 reaches could not be checked.
  • Section 5.3 defines Private Album by reference to the Sundial Privacy Notice dated November 3, 2026. That notice was not provided, so whether a link-shared or unlisted album counts as private, and therefore how much the training carve-out covers, could not be checked.
  • Section 14.2 incorporates the Consumer Arbitration Rules of the Consumer Arbitration Council as in effect when a claim is filed. Those rules are not part of the terms and were not read, so nothing here describes how a filing actually proceeds, including who pays the fees.
  • This brief was written by hand as a design fixture. It is modelled on real work, but no model read a diff to produce it, and its claims should not be relied on.