SWEETLABS TERMS OF SERVICE (English)

SweetLabs, Inc. (“we” or “SweetLabs”) welcomes You to our websites, software, products and services (our “Services”) owned and operated by SweetLabs which post, include or link to these Terms of Service (the “Agreement”).

THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES PROVIDED BY SWEETLABS.  By using, downloading, installing or visiting our services, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU"),  acknowledge that you accept the terms, conditions, restrictions and policies outlined in this agreement, including our Privacy Policy, AVAILABLE AT http://r.sweetlabs.com/privacy-policy. Please read the following agreement carefully.

1. LICENSE. 

You accept this Agreement by actually using the Services. You may not use the Services if you do not accept this Agreement.  Subject to Your compliance with all the terms of this Agreement, SweetLabs hereby grants You a limited, personal, non-assignable, non-sublicenseable, non-exclusive, non-transferable license to use the Services solely for Your personal use and solely in accordance with any documentation that accompanies it.

2. USAGE. 

You agree to use the Services only for the purposes that are permitted by this Agreement and by any applicable law, regulation, or generally accepted practices or guidelines in any relevant jurisdiction (including any laws governing the export or import of data or software to and from the United States or other relevant jurisdictions).  You may not use the Services, if you are under the age of sixteen (16) or you are a person barred from using or receiving the Services under the laws of the United States or other relevant jurisdiction.

3. RESTRICTIONS.

You agree not to, and agree not to permit anyone else to: (i) misuse the Services, or engage in any activity that damages, interferes with or disrupts the Services; (ii) copy or distribute the Services; (iii) modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Services; (iv) license, sell, rent, lease, transfer or host the Services; (v) use the Services to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (vi) use the Services to violate any law, statute, ordinance or regulation; (vii) use the Services to disseminate information or materials that is infringing, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (viii) use the Services to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. OWNERSHIP.

You acknowledge that all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof, shall remain in SweetLabs and its suppliers or licensors. You understand that SweetLabs may modify or discontinue offering the Services at any time. Portions of the Services may be protected by the copyright laws of the United States and international copyright treaties. You acknowledge that no rights are provided under this Agreement except as expressly granted herein.  You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on the Services.

5. THIRD PARTY SERVICES. 

The Services may also provide an opportunity for You to interface with, download, link to and/or import applications, websites, functionality, services and content ("Third Party Services") offered or made available by third parties not affiliated with SweetLabs (“Third Party Providers”).

This Agreement does not apply to (and we are not responsible for) such Third Party Services, and this Agreement does not govern the practices of such Third Party Providers. You acknowledge and agree that SweetLabs does not warrant or endorse, and does not assume and will not have liability to You or any other person for, any Third Party Services, and that Your use of such Third Party Services is at Your own risk.

Your access or use of the Third Party Services, including the download or use of an application available on or through the Services, may be subject to applicable third party rights, terms and conditions and privacy policies, and may require that you accept additional terms for such access or use, including acceptance of a separate end user license agreement, terms of service, terms of use or privacy policy (“Third Party Terms”).  In the event of any conflict between this Agreement and Third Party Terms applicable to a Third Party Service, the Third Party Terms shall govern the use of such Third Party Service.

Some Third Party Services may be made available to you at no charge while others may require a fee, or may provide an opportunity to purchase products or services. Such Third Party Services may also make available to You various payment processing methods to facilitate the payment of fees, or the purchase of products or services, through the Third Party Service. SweetLabs does not process, receive or store Your financial details. You agree you are solely responsible for all fees associated with such Third Party Services that require a fee, and for the cost of any purchases you make via a Third Party Service. You further agree to abide by any relevant terms of service or other legal agreement, whether with SweetLabs or a third party, that governs your use of a given payment processing method.

You agree that You are solely responsible for, and SweetLabs has no responsibility to You or any third party for, any breach of Your obligations under this Agreement or any obligations you may have with respect to a Third Party Service or Third Party Terms, and for the consequences of any such breach.

6. THIRD PARTY CODE.

Portions of code included in or with the Services may contain or may be derived from third party code ("Third Party Software"), including without limitation, open source software. ALL USE OF THIRD PARTY SOFTWARE IS SUBJECT TO AND GOVERNED BY THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT http://r.sweetlabs.com/win-3rd-party-licenses, as it may change from time to time.

7. DATA USAGE.

In order to provide certain functionality of the Services, ensure proper functioning of the Services, and update and improve the Services, SweetLabs may collect data from the Services, or may automatically update the Services, including updates to software provided as part of the Services, from time to time.   The Services also may contain automated reporting routines that will automatically identify and analyze certain aspects of installation, use and performance of the Services and provide reports to SweetLabs.

The collection and usage of any information collected by SweetLabs through the Services, other than information collected through Third Party Services, shall be governed by the SweetLabs Privacy Policy, made available online at http://r.sweetlabs.com/privacy-policy.  You hereby agree to the SweetLabs Privacy Policy, as that policy may be changed from time to time. When SweetLabs changes such policy in a material way a notice will be posted on the website at http://r.sweetlabs.com/privacy-policy, and when any change is made in such policy, the updated policy will be posted at the link above or a successor link.

Please note that Your access or use of Third Party Services, including use of a third party app provided through the Services, or an app that accesses a Third Party Service, may cause information to be shared with such Third Party Service in a manner not governed by this Agreement or the SweetLabs Privacy Policy.  Your rights with respect to privacy and data in such circumstances will be governed solely by the terms for such Third Party Service, and information collected by Third Party Services shall be governed exclusively under the privacy policies of such respective Third Party Services.

8. USER ACCOUNTS. 

If you are a user of the Services for the SweetLabs platform, sites or apps, you may, but are not required to, establish a SweetLabs user account (“Account”). To establish an Account, you may be required to provide information about yourself, such as your name, age and email address. You agree that any such information you provide will always be accurate, correct and up to date.

Any information you provide pursuant to your Account shall be governed by the SweetLabs Privacy Policy made available online at http://r.sweetlabs.com/privacy-policy as that policy may be changed from time to time. Any information you provide to Third Party Services, including any accounts created with a Third Party Provider, shall be governed by the terms or privacy policies of such Third Party Providers.

Except as otherwise provided for in the SweetLabs Privacy Policy, you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. SweetLabs is not responsible for any unauthorized use of your Account. SweetLabs may suspend or terminate your Account at our sole discretion without notice at any time, including for your breach of this Agreement or where SweetLabs is required to do so by law.

9. SUPPORT; UPDATES; REMOVAL.

This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes for the Services (collectively, "Support"). Any such Support that may be made available by SweetLabs shall become part of the Services and subject to this Agreement.  You acknowledge and agree that the Services, or any Third Party Services provided through the Services, may change or be updated from time to time without prior notice to You. Software that you may use, download or install from the Services may automatically download and install updates from time to time from SweetLabs. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions and completely new versions. You agree to receive such updates (and permit SweetLabs to deliver these to You) as part of Your use of the Services.

10. WARRANTY DISCLAIMER.

SWEETLABS PROVIDES THE SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Any software or other material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, software or other device or loss of data that results from the download of any such software or other material.

11. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL SWEETLABS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, or other intangible loss. SWEETLABS LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $50. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF SWEETLABS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

12. TERM AND TERMINATION.

This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time provided you cease all use of the Services. Your rights under this Agreement will terminate automatically without notice to You if You violate any provision of this Agreement.  SweetLabs may immediately terminate this Agreement at any time if SweetLabs determines that the Services or use thereof may result in infringement or violation of third party rights or claims thereof. Any termination of this Agreement shall also terminate the rights and licenses granted to You hereunder. Upon termination of this Agreement for any reason, You shall cease all use of the Services, and destroy or remove all copies of any software provided to you pursuant to the Services, provided, however that any further use of Third Party Services, including apps or other software provided pursuant to such Third Party Services, shall continue to be governed by the Third Party Terms that You may have entered into with the respective Third Party Provider of such Third Party Service.

Upon termination, all of the legal rights, obligations and liabilities that You and SweetLabs have benefited from, been subject to (or which have accrued over time during the time in which the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination, and the provisions of paragraphs 10, 11 and 15 shall continue to apply indefinitely, to the maximum extent permitted by applicable law.

13. DMCA NOTIFICATIONS. 

It is SweetLabs policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Notifications regarding any such alleged infringement should be emailed to .

14. GOVERNMENT USE.

If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of this Agreement.

15. MISCELLANEOUS.

SweetLabs may make changes to this Agreement or provide revised or additional terms to this Agreement from time to time.  When these changes are made, SweetLabs will make an updated version of this Agreement available at http://r.sweetlabs.com/terms.  You understand and agree that if You continue to use the Software after the date upon which the Agreement has been revised or changed, SweetLabs will treat Your use as acceptance of the updated Agreement.  This Agreement, including the SweetLab Privacy Policy referenced herein, represents the complete agreement concerning this license between You and SweetLabs and supersedes any prior agreements and representations between You and SweetLabs relating to the Services. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of SweetLabs to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit SweetLabs’ rights with respect to such breach or any subsequent breaches. SweetLabs expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law without regard to its conflicts of laws provisions. You and SweetLabs agree to submit to the sole and exclusive jurisdiction of the State and Federal courts in San Diego County, California.

16. CONTACT.

Except with respect to Third Party Services, the Services described in these Terms are offered by SweetLabs, Inc., located at 510 Market St, Ste 301, San Diego, CA 92101. You may contact us by sending correspondence to the foregoing postal address or by emailing us at .

Version Date of this End User License Agreement: May 25, 2018