Terms & Conditions
Last updated: July 17, 2024
1. Introduction
By using our services, you agree to be bound by this agreement. If you do not agree to be bound by this agreement, do not use the services. If you are accessing and using the services on behalf of a company (such as your employer) or another legal entity, you represent and warrant that you have the authority to bind that entity to this agreement, and “you” and “your” will refer to that entity. We reserve the right to update this agreement periodically. Notifications of updates might be provided by posting the updated agreement on the site and/or through other communication channels. It is essential to review this agreement regularly for updates. Continued use of or access to the services following the posting of changes signifies acceptance of those changes. If you do not agree to the changes, you must discontinue using the services.
Any rights not expressly granted herein are reserved by Sugar Communication LLC.
2. Definitions
In this agreement, the following terms shall have the meanings set forth below:
“Services” refers to the services provided through our site and any component thereof.
"User” refers to any individual using the services, including but not limited to users, browsers, vendors, merchants, and general visitors to our site.
“You” refers to the individual or entity entering into this agreement with Sugar Rush.
“Initial subscription term” refers to the date upon which this agreement is accepted digitally or signed.
3. Eligibility, Errors, Inaccuracies, and Links to Third-Party Websites or Resources
Sugar Rush LLC endeavors to provide accurate and up-to-date information on our site/app/platform. However, it is impossible to ensure that any platform is completely free of human or technological errors. Occasionally, our services may contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
We assume no obligation to update, amend, or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
The services may provide access to third-party websites or other resources. These links are provided for convenience only, and we are not responsible for the content, products, or services available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
4. Modifications to the Service and Prices
Availability and prices for our service are subject to change. We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at anytime. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service, except as provided for in this section.
5. Acceptable Use Policy
To use our service, you must meet several conditions, including but not limited to:
You must be 18 years or older and capable of forming a binding contract with Sugar Rush LLC, and not otherwise barred from using the services under applicable law.
You must not sign up or use the services on behalf of a natural person other than yourself.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our service.
For certain features of the services, you will need an account. To protect your account, keep the account details and password confidential, and notify us immediately of any unauthorized use. You are responsible for all activities that occur under your account.
You may not use our products for any unlawful purpose, nor may you, in the use of the service, violate any such laws (including but not limited to copyright laws). Additionally, you must not:
Use the service for any unlawful purpose;
Use the service to solicit others to perform or participate in any unlawful acts;
Use the service to violate any international, federal, or local regulations, rules, laws;
Use the service to infringe upon or violate our intellectual property rights or the intellectual property rights or rights of publicity or privacy of others;
Use the service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Use the service to submit false or misleading information;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the services;
Use the service to collect or track the personal information of others without their express permission;
Attempt to access or search the services or download content from the services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Sugar Rush or other generally available third-party web browsers;
Use the service for any obscene or immoral purpose;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sugar Rush or any of Sugar Rush’s providers or any other third party (including another user) to protect the services;
Access, tamper with, or use non-public areas of the services, Sugar Rush’s computer systems, or the technical delivery systems of Sugar Rush’s providers;
Attempt to probe, scan, or test the vulnerability of any Sugar Rush system or network or breach any security or authentication measures; or
Encourage or enable any other individual to do any of the foregoing.
Sugar Rush LLC is not obligated to monitor access to or use of the services or to review or edit any content. However, we reserve the right to do so for the purpose of operating the services, to ensure compliance with this agreement, and to comply with applicable law or other legal requirements. We reserve the right to terminate your use of the services for violating any of the prohibited uses. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Server Downtime
Our service may become unavailable from time to time for security reasons, legal reasons, technical updates, or other reasons. While we will inform you of such downtime as soon as possible, you agree to release us from all liability relating to the unavailability of our service. Sugar Rush provides a publicly accessible uptime status page hosted at https://status.sugarrush.io, to monitor the status of the servers.
7. Intellectual Property
Sugar Rush LLC relies on the uniqueness of its content to distinguish itself from third-party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the site, including content licensed to the company by third parties, without receiving our prior written permission. All rights, titles, and interests in and to the materials provided on this site, including but not limited to information, documents, logos, graphics, sounds, and images, are owned or licensed either by Sugar Rush LLC or by the respective partners of Sugar Rush LLC.
8. User Content
Posting Content: Our services may allow you to store content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Anything (other than feedback) that you post or otherwise make available through the services is referred to as “user content”. Sugar Rush LLC does not claim any ownership rights in any user content and nothing in this agreement will be deemed to restrict any rights that you may have to your user content.
Permissions to Your User Content: By making any user content available through the services you hereby grant to Sugar Rush a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your user content in connection with operating and providing the services.
Responsibility for User Content: You are solely responsible for all your user content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your user content under this agreement. You represent and warrant that neither your user content, nor your use and provision of your user content to be made available through the services, nor any use of your user content by Sugar Rush LLC on or through the services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content: You can remove your user content by specifically deleting it. You should know that in certain instances, some of your user content (such as posts or comments you make) may not be completely removed and copies of your user content may continue to exist on the services.
9. Personal Information
Please review our privacy policy, which also governs your use of the services, for information on how we collect, use, and share your information.
10. Trademarks
Sugar Rush is a trademark used by Sugar Rush LLC to uniquely identify our service, and business. You agree not to use these trademarks anywhere without our prior written consent. Additionally, you agree not to use our trade dress or copy the look and feel of our site or its design without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with Sugar Rush.
11. Copyright Policy
Sugar Rush respects copyright law and expects its users to do the same.
12. Representations & Warranties
Unless specific levels of performance or availability have been agreed to in a service level agreement, the services are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for any particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the services.
13. Indemnification
You agree to indemnify, defend, and hold harmless Sugar Rush LLC, its officers, directors, employees, contractors, consultants, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services, your user content, or your violation of this agreement. You also agree to defend us against any such claims, and we may require you to pay for an attorney(s) of our choice in such cases.
14. Limitation of Liability
To the maximum extent permitted by law, neither Sugar Rush LLC nor its service providers involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services of any kind arising out of or in connection with this agreement or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sugar Rush or its service providers have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Sugar Rush LLC and you.
To the maximum extent permitted by applicable law, the user acknowledges and agrees that the user bears sole responsibility for the outcomes derived from the use of the platform and services, including but not limited to any conclusions, data analysis, or business decisions made based on such use. Sugar Rush shall not be liable for any damages, losses, or liability resulting from errors, omissions, or inaccuracies in any information, instructions, or scripts provided by the user to Sugar Rush LLC in connection with the platform or services, nor for any actions taken by Sugar Rush LLC at the user’s directive.
Furthermore, it is hereby stated that, to the fullest extent allowed by law, all warranties, representations, conditions, and all other terms implied by statute, common law, or otherwise, excluding those expressly stated in this agreement, are excluded. The platform and services are delivered to the user on an “as is” and “as available” basis without any guarantee of performance or reliability.
Sugar Rush LLC shall not be liable, whether in tort (including negligence, breach of statutory duty, or otherwise), contract, misrepresentation, or under any other theory of liability, for any indirect, special, incidental, consequential damages, including but not limited to loss of profits, business interruption, loss of business opportunity, loss of data, loss of goodwill, or similar losses. This exclusion applies even if such losses are foreseeable or Sugar Rush has been advised of the possibility of such damages.
The total aggregate liability of Sugar Rush LLC, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, in connection with or arising out of this agreement shall be limited to the total fees paid by the user to Sugar Rush for the services during the six (6) months immediately preceding the date on which the claim arose. Similarly, the user’s total aggregate liability to any party or third party in connection with this agreement shall be limited to the total fees paid by the user to Sugar Rush during the same period.
The limitations and exclusions of liability set forth in this agreement constitute an essential basis of the bargain between Sugar Rush LLC and the user.
15. Governing Law and Forum Choice
This agreement, its performance, and all matters arising out of, concerning, or relating thereto shall be governed by the laws of the UAE.
In the event that any action is necessary to enforce the terms of this agreement, Sugar Rush LLC party shall be entitled to reasonable attorneys’ fees, costs, and expenses, in addition to any other relief to which such prevailing party may be entitled.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
17. Severability
In the event that a provision of this agreement is found to be unlawful, conflicting with another provision of the agreement, or otherwise unenforceable, the agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this agreement are deemed to conflict with each other’s operation, Sugar Rush will have the sole right to elect which provision remains in force.
18. Non-Waiver
Sugar Rush LLC reserves all rights afforded under this agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Termination & Cancellation
This agreement shall commence on the date hereof and shall continue for the initial subscription term and, thereafter, where the license's effectiveness date is 30 days after acceptance unless:
Either party notifies the other party of termination, in writing, at least 60 days before the end of the initial subscription term, in which case this agreement shall terminate upon the expiry of the applicable initial subscription term or renewal period; or
Otherwise terminated in accordance with the provisions of this agreement; and the initial subscription term together shall constitute the subscription term,
Sugar Rush LLC, despite all provisions that state otherwise, holds the right not to issue any termination letter or any relevant documentation, the termination can be done solely at the discretion of the Company.
Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
The other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
The other party commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
The other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts;
The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
The other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
On termination of this agreement for any reason:
All licenses granted under this agreement shall immediately terminate and the user shall immediately cease all use of the platform and the services;
Each party shall return and make no further use of any equipment, property, and other items (and all copies of them) belonging to the other party;
Each party shall destroy or otherwise dispose of any of the data and in its possession in accordance with and save as set out in clause 5; and
Any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
Under no circumstances, including termination or cancellation of our service to you, will we be liable for any losses related to actions of other users.
20. Assignment of Rights
You may not assign your rights and/or obligations under this agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this agreement to any other party at our discretion without the need of permission or approval.
21. Notices
Any notices or other communications provided by Sugar Rush LLC under this agreement will be given: (i) via email; or (ii) by posting to the services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
22. Entire Agreement
This agreement constitutes the entire and exclusive understanding and agreement between Sugar Rush LLC and you regarding the services, and this agreement supersedes and replaces all prior oral or written understandings or agreements between Sugar Rush and you regarding the services.
23. Reservation of Rights
Sugar Rush LLC exclusively own all right, title, and interest in and to the services, including all associated intellectual property rights. You acknowledge that the services are protected by copyright, trademark, and other laws of the British Virgin Islands. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the services.
24. Corporate Information
Sugar Rush LLC. is a corporation duly incorporated and existing under the laws of the United Arab Emirates, operating globally without any limitation according to the UAE laws.
Should you require any assistance or have inquiries regarding this agreement, the services, or any related matter, please reach out to us directly via email at hello@sugarrush.me
