Terms and Conditions

Terms and Conditions

The following Terms govern our relationship with our clients

 1. These Terms and Conditions Are Legally Binding

Sweet Technology, Inc. (“Sweet”) is the owner and operator of the Sweet service (“the Service”). Your use of the Service is expressly conditioned on your acceptance of these Sweet Terms (“Terms”). By using the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms. No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Sweet or its employees, representatives or agents in relation to the Service shall be applicable to or binding on Sweet.

2. Changes To This Agreement Or The Services

Sweet reserves the right to alter these Terms at any time. Such changes will be effective and legally binding on you when posted on our website for the Service or when we use reasonable efforts to notify you by other means. Please review these Terms periodically for changes. Your continued use of this Service after amended Terms is posted on this website or is otherwise brought to your attention signify that you agree and accept to be legally bound by the changes.

3. Grants of Licenses to Use

A.

Sweet hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:

i.

Sweet may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, Sweet is of the opinion that your use does not meet Sweet’s specifications or guidelines, or which Sweet may consider to be inappropriate, illegal or harmful to its interests. If Sweet exercises its absolute discretion under this paragraph 3.1(a), it shall have no liability to refund any portion of your pre-paid subscriptions, if applicable. Without limiting or waiving any right against you that Sweet may have under the law or these Terms in relation to any inappropriate, illegal or harmful use, Sweet reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.

ii.

You agree to comply with any policies or guidelines that Sweet may introduce or amend from time to time. Sweet’s policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by Sweet, at its absolute discretion, from time to time.

iii.

You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that Sweet uses to provide the Service.

iv.

Sweet may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and/or its website at any time and from time to time.

v.

You shall be solely responsible for your use of the Service and shall indemnify Sweet for, and hold Sweet harmless from all loss, costs, and damages incurred by Sweet in connection with any claims by third parties against Sweet in relation to your use of the Service and in connection with your breach of these Terms or any policies or guidelines that Sweet may introduce from time to time.

vi.

You hereby represent, warrant and covenant to Sweet that at all times, (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“ Your Content”) in the manner and the purpose for which you use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.

vii.

You represent and warrant to Sweet that you have the full corporate rights, power and authority to agree to these Terms and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.

viii.

You hereby agree that Sweet may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display Sweet’s trademarks or mention Sweet in any publication, website, press release or in any other manner, you must obtain the prior written consent of Sweet.

ix.

You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by Sweet in providing the Service.

x.

You agree that Sweet is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services.

B.

Sweet reserves all rights in the Service not granted to you expressly in these Terms.

C.

You hereby agree to grant Sweet a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if Sweet provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.

4. Payment Terms

A.

By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate that you agree:

B.

To the charges imposed by Sweet for the particular services or products you have requested. You agree to comply with any payment terms that Sweet may impose from time to time. You may be required to pay Sweet in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service. Your subscription may be renewed automatically on or close to its expiration at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of Sweet, to ensure that your subscription is renewed prior to its expiration, failing which your ability to use the Service shall expire automatically. Sweet may not give you prior notice of an automatic renewal. If Sweet is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless Sweet is notified of a change or cancellation in writing using the tools or means made available by Sweet.

C.

All sums payable by you to Sweet may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription.

D.

That Sweet may charge you and/or the credit card on record for any taxes or charges that Sweet is required by any applicable law or regulation to levy on the subscription or charges.

5. Term and Termination

A.

Sweet shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms. This Agreement and your ability to use the Service shall also automatically terminate upon the expiration of your subscription.

B.

After termination, Sweet may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these Terms, Sweet has no responsibility to you to maintain your user account or any of your data after termination and you shall hold Sweet harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.

C.

You may only reduce your subscribed service plan to a lesser service for the following monthly or annual subscription period by providing Sweet with written notice at help@getsweet.com at least ten days prior to the start of the following monthly or annual subscription period and where you have not used features of the software that are not available in the lesser subscription. You may change your subscribed service plan during a monthly or annual subscription period by adding additional services or subscription levels.

D.

These Terms will continue for the monthly or annual period covered by the subscription fees paid or payable. At the end of each monthly or annual subscription period (as the case may be) these Terms will automatically continue for another monthly or annual period and the subscription fee for that month or year will continue to be due and payable in advance, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant subscription period. If insufficient notice is given the subscription will be cancelled after your next anniversary for a monthly subscription period. For an annual subscription period, you can cancel your subscription with thirty days notice or within seven days after your billing anniversary, however you will be charged an early termination fee of 10% of the subscription fees owed used. The remaining subscription fees may be refunded at the sole discretion of Sweet.

E.

Your subscription is paid in advance, however in the event that your account becomes overdue this must be settled within five days. Failing this your subscription will be suspended and a late subscription fee of 50% of an  additional one month’s subscription fee will be applied. An email will be sent to all account users to notify all users before an account is suspended.

F.

If you terminate your subscription within seven days of signing up you will be entitled to a refund of certain subscription fees. This includes a full refund of any monthly or annual fees paid, but where you have requested delivery of a custom implementation service or other one-time service and received said service, you are not entitled to any refund of the one-time service fee. Under no other circumstances is Sweet required to refund any subscription fees for any reason whatsoever.

G.

Breach:

If You:

a. breach any of these Terms (including by non-payment of any subscription fees) and do not remedy the breach within fourteen days after receiving notice of the breach if the breach is capable of being remedied;

b. breach any of these Terms and the breach is not capable of being remedied (which includes any non-payment of subscription fees that are more than thirty days overdue); or

c. you or your business become insolvent, or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,

then Sweet may take any or all of the following actions, at its sole discretion:

d. terminate this agreement and your use of the service and the website;

e. suspend, for any definite or indefinite period of time, Your use of the service and the website;

f. suspend or terminate access to all or any data through the website; or

g. take either of the actions in sub-clauses (d), (e) and (f) of this clause in respect of any or all other persons whom You have authorised to have access to your information or data;

h. charge any additional fees incurred in the recovery of outstanding amounts owed including (but not limited to) a flat overdue account fee, debt recovery fees, court costs and legal fees as well as accrued interest on all outstanding amounts calculated from the day they became due, calculated at a daily interest rate of 6%.

For the avoidance of doubt, if payment of any invoice for subscriptions fees due in relation to any of your billing contacts or any of your organizations is not made in full by the relevant due date, Sweet may: suspend or terminate your use of the service, the authority for all or any of your organizations to use the service, or your rights of access to all or any data.

6. Your Data, Sweet’s Data, the Storage and Transmission of Your Data and the Sweet Privacy Policy

A.

You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service (“ Your Data”). You hereby agree that Sweet is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis (“ Sweet’s Data”). Sweet may use all of Sweet’s Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.

B.

You acknowledge and agree that the nature of the Internet is international and that Sweet has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.

C.

The Sweet Privacy Policy, as may be amended or updated from time to time, is incorporated into and form part of these Terms.

7. Your account(s) and Password(s)

A.

The responsibility to keep secure and confidential any password(s) and user ID(s) Sweet may issue to you to access the Service, rests solely with you and the employees, representatives and agents of yours that are entrusted with the same. If you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.

B.

You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that Sweet may accept instructions and requests from and communicate with such person(s) until and unless Sweet receives notification that such person(s) are no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).

8. Your indemnity in Favor Of Sweet

If Sweet and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of the Terms, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms.

9. Service Level Agreement

The Service Level Agreement attached to these Terms is incorporated into and form part of these Terms.

No Warranties

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, SWEET MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. SWEET DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE. SWEET EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE UNITED STATES

SWEET DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM SWEET IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FOR THE AVOIDANCE OF DOUBT, SWEET DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE.

SWEET TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, SWEET SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL SWEET BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),

EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY SWEET EVEN IF THE SWEET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, Sweet should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of Sweet shall in no event exceed the value of the monthly subscription for the Service paid by you or $1000.00 USD, whichever is lower. Further, Sweet’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.

12. General Provisions

These Terms are governed by the laws of the United States of America. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. The parties agree to submit to the exclusive jurisdiction of the courts of the United States of America. You may not assign your rights hereunder to any third party without the prior written consent of Sweet. No joint venture, partnership, employment, or agency relationship exists between you and Sweet. A person who is not a party to this Agreement shall have no rights to enforce any term of this Agreement. If any provision of these Terms is found invalid or unenforceable by any court of the United States of America, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms constitute the entire understanding and agreement between Sweet and you and supersedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by Sweet of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorized representative of Sweet. No change, amendment or modification of any provision of these Terms will be valid unless set forth in writing and mutually agreed to by the parties.

Thank you for reading our Terms & Conditions. Please reach out to help@getsweet.com if you have any questions or concerns.