policy

Terms and Conditions

Terms of Use

These Terms of Use govern all use of the SweetProcess.com website, all related mobile applications and other services (“Site”, “Website” or “Services”) that are provided, owned or operated by SweetProcess, Inc. (“we”, “us” or “our”) by any user (“you,” “your”).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and in the SweetProcess Privacy Policy (“Privacy Policy”) available on the Website and any future amendments and additions to the same (collectively the “Agreement” and incorporated by reference herein) . We reserve the right to amend the Agreement at our sole discretion without notice. Your continued use of, and/or access to, the Website constitutes your agreement to be bound to any modifications or additions.

In using the Services, you represent and warrant that (i) you are 18 years of age or older or are of sufficient age to enter into a binding legal agreement under the rules of your jurisdiction, and (ii) that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions in the Agreement. You hereby agree to abide by the rules set out herein.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You must not use the Website in any manner or for any purpose that is unlawful or in any manner that violates any of our rights or of our affiliates or which is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  2. violates the privacy rights of any other person, including the right to controlled dissemination of their personal information;
  3. you know is false, misleading, untruthful or inaccurate;
  4. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  6. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  7. impersonates any person or entity, including any of our employees or representatives; or
  8. includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Content

All information and materials including text, images, graphics, sound, software, User Content (as defined below) and advertisements on the Website (“Content”) are copyrighted or otherwise protected as the intellectual property of SweetProcess, Inc., its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by domestic and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorized in writing by us or our affiliates.

Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

We do not guarantee that any Content will be made available on the Site or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.

User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content” whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates. When your User Content is deleted, it will be removed from the Website and will no longer be shared with others. All information shall be deleted in accordance with the Privacy Policy.

While you always own your User Content in full, by submitting the User Content through the Services, you grant us a license to use your User Content as necessary to provide you the Services or otherwise in connection with the Site. In order for the Services to function as intended, you also grant those users of the Site who have permissions to view your User Content a license to access the User Content that you submit and to use the User Content in furtherance of your organizational goals. All licenses granted in this section are non-exclusive, royalty-free, sublicensable, and transferable. You represent and warrant that the User Content as submitted belongs fully to you, or that you otherwise have the right to share it with the Site and Services in the form submitted. In light of those promises, if a third party threatens or pursues any action against us for violation of their intellectual property rights as they relate to the User Content, you agree to indemnify us against that action.


Personal Information

Personal Information is that information that you provide to us that We do not share your personal information except to the extent necessary to perform our obligations in providing you the Services; to comply with lawful orders from governmental authorities; or where necessary to protect your vital interests, the public interest, or our legitimate interests in our property including intellectual property. We protect your information with industry-standard encryption and require that any processors or other contractors do the same. Please refer to the Privacy Policy for additional information about how we protect your personal information in accordance with generally accepted standards of privacy protection.

Liability & Warranties

IN ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER, AND THAT YOU WILL INDEMNIFY AND HOLD US HARMLESS, FOR ANY CLAIMS OR LOSSES, DAMAGES, OR COSTS ARISING OUT OF: (I) YOUR BREACH OF THESE TERMS OF USE; (II) YOUR ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION ANY NEGLIGENT OR FRAUDULENT ACTS OR OMISSIONS BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES; OR (III) ANY BREACH OR VIOLATION BY YOU OF ANY APPLICABLE LAWS OR RIGHTS OF ANY THIRD PARTY. YOU HEREBY REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES DO NOT CONSTITUTE A BREACH OF ANY AGREEMENT YOU HAVE ENTERED INTO, AND THAT YOUR USE OF THE SERVICES DOES NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY INCLUDING THOSE RIGHTS ARISING IN INTELLECTUAL PROPERTY.

The Services are provided to you “as is” and “as available” without any warranty or support whatsoever except for any support we may offer at our discretion from time to time. We do not make any representations and disclaim all warranties – express, implied, or statutory – including warranties of merchantability, accuracy, correspondence with description, fitness for a particular purpose or use, satisfactory quality, and non-infringement. We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful things. If your use of the Site or Services results in the need for servicing or replacing of equipment or data, we are not responsible for any such costs.

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. The inclusion of any such link does not imply our endorsement or any association between us and their operators.  These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us or our affiliates. You link to any such website entirely at your own risk. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Termination

The Terms of Use are effective until terminated by us, and we may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive.
When your SweetProcess account is terminated, your account trial expires, or you wish to discontinue paying for SweetProcess we will schedule your data to be deleted after a 100-day period of inactivity. You will be notified by email when we schedule your account for deletion. Following a 30-day grace period we will permanently delete your data.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Delaware, U.S.A.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
No failure or delay by either party in exercising any right under these Terms of Use shall constitute a waiver of that right.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may transfer our rights and obligations under these Terms to another, but this will not affect your rights or our obligations under these Terms. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Effective date of Terms of Use: May 3, 2018