TERMS OF USE

Terms of Use

Last Revised: November 07, 2022

These Terms of Use (the “Terms”) are a legally binding agreement which governs your (“you”, “your” or “user”) use of our (“Sugar”, “we” or “us”) Services, this website https://www.getsugar.io/ (“Website“) and our Sugar extension (“Sugar Extension”).

You acknowledge and agree that by accessing our Website or using the Services (as defined below) or by installing the Sugar Extension, you are indicating that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations. If you do not agree with the Terms, then you must stop accessing our Website or using the Services. The Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time.

We reserve the right, at our discretion, to revise or update the Terms at any time. Such changes shall be effective upon publication of the amended terms. The last revision will be reflected in the “Last Revised” date above. Please make sure to review the Terms periodically. In the event of a material change we will make best efforts to inform you.

About The Service

We develop and provide the Sugar Extension which is designed to view information about products listed for sale by third-party merchants on Amazon online store and to help users make smart purchases on Amazon by providing commercial information about products that you have expressed your interest in while browsing the Amazon website and stores, and additional solutions, features and enhancements as may become available by us from time to time (the “Services“).

In case you wish to be provided with price alerts regarding certain products, you will have to enable us to provide you such pop-notice by pressing the “Price button”

We reserves the right, at any time and from time to time, at its own discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user’s access thereto. Where we assume that such change may affect an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service in accordance with section ‎1.1 below. Note, any change will not affect your current subscription in the event you use our Premium Plans.

You hereby acknowledge that the descriptions for the products, offers, and other information shown within or through our Sugar Extension as part of our Services are provided by third-parties (i.e. Amazon merchants) that we do not control. We do not warrant that the product descriptions, third-party offers, or related merchant information or terms shown through the Service and Sugar Extension are accurate, complete, reliable, current, or error-free.

IT IS HEREBY CLARIFIED WE DO NOT SELL ANY OF THE PRODUCTS DISPLAYED IN THE SUGAR EXTENSION AND THAT ANY MERCHANT PRODUCT DISPLAYED IN OUT EXTENSION WILL BE PURCHASED DIRECTLY FROM THE MERCHANT AND THROUGH THE MERCHANT’S WEBSITE (INCLUDING MERCHANT AMAZON STORE). WE ARE NOT THE OWNER OF ANY PRODUCT PRESENTED ON THE SUGAR EXTENSION AND ANY PURCHASE YOU MADE SHALL BE SOLELY FORM THE MERCHANT. WE ARE NOT A RE-SELLER OR DISTRIBUTOR OF ANY PRODUCTS OF THIRD-PARTY MERCHANTS.

Eligibility and Age Limitation

You represent and warrant that you are: (i) at least sixteen (16) years of age if you are located in the European Economic Area (“EEA”); or (ii) if you are located in any other geography and you are above the age defined as “child” under applicable laws in your jurisdiction (collectively “Child” or “Children”). If you are under 18, please be sure to read these Terms with your parents or legal guardians. The Sugar Extension is not directed or intended for Children, as defined under applicable law, and we do not knowingly collect or solicit information from Children. If we later obtain actual knowledge that a user is considered as a Child under applicable law, we will take steps to immediately delete its Personal Data. We request that such individuals do not provide Personal Data through the Sugar Extension.

If you become aware or have any reason to believe that a Child has shared any information with us, please contact us (as detailed below) and we will take reasonable steps to ensure that such information is immediately deleted from our files.

Proprietary rights and License 

You acknowledge and agree that all our intellectual property rights including but limited to all copyrights, trademarks, patents, icons, logos, characters, layouts, service marks, trade names, software code, trade secrets, buttons, color scheme and graphics are our exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations.

Subject to the terms and conditions of the Terms and your compliance with applicable laws and regulation, we hereby grant you a limited, non-exclusive, non-transferable, non-sub licensable, worldwide license to download and install a copy of the Sugar Extension and the right to use and access our Website and the Services on a device that you own or control, in the format of an application solely for your own personal non-commercial purposes.  Any right that is not expressly granted to you under these Terms is expressly reserved by us. Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from this or any of our Services, without our prior written consent. You hereby warrant and undertake that you will not make any copies of, decompile or disassemble, reverse engineer, modify, adapt, translate, distribute or otherwise transfer, rent, lease, resell, sublicense or otherwise commercially exploit our Services or any part thereof.

Third-Parties Product and Information

All products you purchase from a third-party merchant, and any price presented on our Sugar Extension, are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by us. We are not responsible for any third-party merchant products or any information contained on the third-party merchant’s website.

You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of third-party merchant, or your interaction or engagement with the third party by any means, which is at your sole discretion and risk. Any engagement will be solely between you and the applicable merchant.

By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that you are under no obligation to become involved. To the maximum extent permitted by applicable law, you release us and  our affiliates, and each of their respective officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

User Representations and Undertakings

You hereby represent and warrant that any download, installation, use or access you make in connection to our Website, the Sugar Extension or the Services is your sole responsibility and at your sole risk. Furthermore, you represent and warrant that any use you make of our Website, the Sugar Extension or Services shall not constitute or otherwise include any prohibited conduct, such as: any unlawful, illegal, harmful use, including, among others, conduct which breaches applicable laws, regulation, rules, applicable policies and third party rights, deletion or modification of any attributions, legal notices or other proprietary designations or labels on our Website, the Sugar Extension or Services or on any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.

The use of the Website, Sugar Extension and Services shall be made solely in accordance with the Terms, as may be amended from time to time, and solely for the purposes stipulated therein. Restriction on Use. You may not use the Services in any manner that could impair, disrupt, disable or damage the Services, or interfere with any other party’s use and enjoyment of the Website, Sugar Extension or Services; including by (a) interfering with or damaging any server, equipment or network connected to or used to provide any of the Website, Sugar Extension or Services, or breaching any applicable laws, regulations, rules or terms of service of any server, equipment or network; (b) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our Website, Services or infrastructure; (c) uploading invalid data, viruses, worms, malicious code or other software agents through the Website, Sugar Extension or Services; (d) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (e) interfering with the proper working of the Services; (f) bypassing the measures we may use to prevent or restrict access to the Sugar Extension or Services; (g) create a database by systematically downloading and storing all or any content from the Services; or (h) use the Services for any illegal or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any applicable law, or could give rise to civil liability or other lawsuit. Upon termination of the Terms for any reason, you continue to be bound by the foregoing restrictions on use with respect to the Sugar Extension and Services.

Warranty Disclaimers

EXCEPT AS EXPLICITLY PROVIDED IN THIS TERMS, THE WEBSITS AND SUGAR EXTENSION INCLUDING ANY MATERIALS, DATA, CODE OR TECHNOLOGY THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITATED TO, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF USAGE OR DEALING OF MARKETABILITY, TRADE, SUITABILITY, INCOMPLETENESS OR APPLICABILITY. WE PROVIDE NO REPRESENTATION OR WARRANTIES THAT THE SUGAR EXTENSION AND ANY OF THE TECHNOLOGY ARE OR WILL BE AVAILABLE FOR USE AT ANY SPECIFIC TIME OR IN ANY PARTICULAR LOCATION. THE USE OF THE SUGAR EXTENSION AND ANY OF THE TECHNOLOGY IS AT USER OWN RISK AND RESPONSIBILITY. WHEN APPLICABLE LAW NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THE SUGAR EXTENT SUCH EXCLUSIONS MAY NOT APPLY.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE WEBSITE AND SUGAR EXTENSION OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS INTERRUPTION OR WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; LOSS OF BUSINESS INFORMATION, DATA OR DATA USE; LOSS OF GOODWILL; DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF HITBTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SUGAR EXTENSION OR ANY OTHER PROVISION OF THIS TERMS, SHALL NOT EXCEED THE AMOUNT OF US$250. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Privacy

We care about your privacy and wishes to protect your privacy. In accordance, you may be asked to submit or enable the transmission of certain personal information, which may be required for the operability of our Website, Sugar Extension or Services. To the extent you choose to use or access certain features of the Sugar Extension or Services you hereby expressly agree to the collection, transmission, storage or processing of such personal information as set forth in our Privacy Policy.

Updates And Modifications

At any time, at our sole discretion and without providing any notification (prior or otherwise) we will be entitled to update, modify, revise, or change any component, features and functionality of the Website or Extension. Please note that, following installation of the Sugar Extension, we request automatic updates when we release a new version, you hereby agree to the automatic download and install of such updates. Notwithstanding the aforesaid, we have no obligation to provide upgrades or updates.

Termination

You may terminate your use of the Service at any time and for any reason by removing the Sugar Extension, and cease using the Services. To uninstall the Sugar Extension please use your standard uninstall processes available through your browser’s settings, and remove the Sugar Extension as follows:

• In Google Chrome- (i)Click on the three horizontal lines icon in the upper right-hand corner of your Chrome browser; (ii) Go to “Settings”; (iii) In the menu that appears click on “Extensions”; (iv) From the list of installed Extensions, find the name of the Sugar Extension (v) Click on the trash can icon to the right of “Enable” for the name of the Sugar Extension; (vi) Close your browser completely and reopen it. The Sugar Extension should be removed from your Chrome browser.
• In Mozilla Firefox- (i)Click on the three horizontal lines icon in the upper right-hand corner of your Firefox browser; (ii) Go to “Add-ons”; (iii) In the menu that appears click on “Extensions”; (iv) From the list of installed extensions, find the name of the Sugar Extension (v) Click on the “Remove” button to the right of the name of the Sugar Extension. The Sugar Extension should be removed from your Firefox browser.

We may terminate your access to Sugar Extension or our Services at any time, with or without cause and with or without notice, effective immediately.

Any termination may result in the destruction of all information and data associated with your use of the Sugar Extension. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. We are not liable to you or any third party for termination of the Service or termination of your use of the Service. The provisions of these Terms, which by their nature should survive any such action on our part, shall survive.

Indemnity

You agree to defend, indemnify and hold harmless us and our directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, Sugar Extension or Services; (ii) any breach of the term of the Terms by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the Website, Sugar Extension or Services; (v any other party’s access and use of the Services with your unique username, password or other appropriate security code

Governing Law 

The Terms shall be governed by the laws of the State of USA, without respect to its conflict of laws principles, and notwithstanding the jurisdiction where you are based. You irrevocably submit to the exclusive jurisdiction of the competent courts in the USA to settle any dispute which may arise out of, under, or in connection with the Terms. The place of performance shall be in the USA. We provide no warranty or guarantee that the Services or information available on it complies with laws other than those of the USA.

miscellaneous

Severability. Should any one or more of the provisions of the Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Waiver. A delay or omission by either party to exercise any right under the Terms shall not be construed to be a waiver of such right. A waiver by either party of any of the performance provisions of the Terms or any breach with respect to such performance shall not be construed to be a waiver of any succeeding performance or breach.

Assignment. We reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which we may be involved in. In the event of the above, we may share your personal data and our affiliated companies or acquiring company will assume the rights and obligations as described in our Privacy Policy. You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without our prior written approval.

Force Majeure. We will not be liable for any delay or failure to perform the Services if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond our reasonable control, including strikes, lockouts, labor troubles, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God, and/or inclement weather, which we is unable to prevent by the exercise of reasonable due diligence.

Entire Agreement. The Terms, together with any other legal notices, exhibits and agreements published by us via the Services, shall constitute the entire agreement governing the Services.

Signature Waiver. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

CONTACT US

If you have any questions regarding the Terms, you may contact us at: support@getsugar.io.