Terms & Conditions

1. Sugarbeet Rules

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

• be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; and
• be legally permitted to use the App by the laws of your home country.

Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.

You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy. By using our App, you acknowledge that we may collect and use of your data and information in accordance with our Privacy Policy.

Unfortunately, we cannot allow you to use another person’s Sugarbeet account or to share your Sugarbeet account with any other person without permission. You are responsible for ensuring that any use of your account complies with these Terms.

You’ll have great fun on Sugarbeet, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). For users residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other users, we may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. If you believe that we’ve made a mistake in taking action on your Account or Your Content, you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please start by taking a moment to read the relevant section of our Community Guidelines. If you still think there has been a mistake in the action taken on your account or content, the best way to appeal is to fill out the appeals form linked in the notification shown to you within the app at the time. Alternatively, you can contact us (please explain why you are appealing our decision, and give as much detail as you can).

For users residing in the EU, you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority. For users residing in the UK, you have a right under local law to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting or limiting access to, or distribution of, your Content, or suspending or terminating your account. Users residing in the UK may also click here to find out more about (i) the measures we take to protect individuals from content which may be against our Community Guidelines, these Terms, or otherwise harmful or unlawful (referred to as ‘Violating Content’); (ii) how we act on reports of Violating Content and non-compliance complaints; and (iii) how we use proactive technology to identify and remove Violating content on Sugarbeet.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

2. Types of Content

There are three types of content that you will be able to access on the App:

• content that you upload and provide (“Your Content”);
• content that members provide (“Member Content”); and
• content that the Sugarbeet Labs provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we can’t allow on Sugarbeet

Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able express themselves as much as possible on Sugarbeet, but we have to impose restrictions on certain content which:

• is illegal or encourages, promotes or incites any illegal activity;
• is harmful to minors;
• is defamatory or libelous;
• itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent;
• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic, violent or otherwise may offend human dignity;
• is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
• contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Sugarbeet or otherwise; or
• in any other way violates our Community Guidelines.

Your Content

You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Sugarbeet is a public community, Your Content will be visible to other users of the App all around the world – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App. By uploading Your Content on Sugarbeet, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content – if it’s important, you should make a copy.

So that we can prevent the unconsented use of Your Content by other members or third parties outside of Sugarbeet, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Sugarbeet.

Member Content

Other members of Sugarbeet will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Sugarbeet users’ personal information to the extent that your use of it matches Sugarbeet’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what happens to the rest of the Content on Sugarbeet. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Sugarbeet, as well as the Sugarbeet software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

• you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
• you shall not use our name in metatags, keywords and/or hidden text;
• you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
• you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content

While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.

Use of Recommender Systems

We have developed matching algorithms to predict your compatibility with other users and so we can show you people we think are a good match for you. You can learn more about our use of recommender systems and the main parameters we use in our Privacy Policy.

3. Restrictions on the App

You agree to:

• comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
• use your real name and real age in creating your Sugarbeet account and on your profile; and
• use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.

You agree that you will not:

• act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
• misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
• disclose information that you do not have the consent to disclose;
• stalk or harass any other user of the App;
• use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;
• submit appeals, reports, notices or complaints that are manifestly unfounded; or
• develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Sugarbeet or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the Sugarbeet community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, any Sugarbeet user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, THE SUGARBEET LABS MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, THE SUGARBEET LABS MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT THE SUGARBEET LABS REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, THE SUGARBEET LABS MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. THE SUGARBEET LABS RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY THE SUGARBEET LABS. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY THE SUGARBEET LABS ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

You agree to, and hereby do, release Sugarbeet Labs and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Sugarbeet Labs or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

4. Colorado Safety Policy

In addition to the above terms, if you are a resident of Colorado the following Safety Policy terms also apply to you:

There is certain content we can’t allow on Sugarbeet

Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time. We want our users to be able express themselves as much as possible on Sugarbeet, but we have to impose restrictions on certain content which is illegal, harmful to minors (including misconduct that threatens public or personal safety, such as a threatened or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens public or another person’s safety), defamatory or libelous, infringing, offensive, obscene, abusive, discriminatory, commercial, spam, deceptive, malicious, or otherwise violates our Community Guidelines.

Background Check

In certain circumstances, such as in response to member-generated or press reports of suspected misconduct, the Sugarbeet Labs may investigate whether a member has a criminal history, which may include searching sex offender registries or other public records. Criminal background investigations, when conducted, are not typically updated by the Sugarbeet Labs. While investigations for criminal histories may be conducted on some members, they are not foolproof and most members are not expected to be subject to any form of check. Any investigations may give members a false sense of security and are not a perfect safety solution. Not all criminal records are public in all states and not all databases are up to date. Only publicly available convictions are included in checks, and checks do not cover other types of convictions or arrests or any convictions from foreign countries.

Identification and Device Verification

To use our service, you must be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18. We monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage. We may require users to verify their identity in order to register an Account, or to continue using an Account, at any time. We also reserve the right to require users to provide a valid phone number registered to their Account and to verify it at any time. If you don’t complete a verification request, you may be unable to register an Account or you may lose access to the Sugarbeet services. We may also suspend or close your Account where you have multiple Accounts. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Sugarbeet or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

When a member may be suspended or blocked

All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against Sugarbeet’s Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to Sugarbeet or its members, we may take a range of actions on your account. We may: remove the content; issue a warning; or ban the offending member from some or all Sugarbeet Labs apps. When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct. Your treatment towards others outside of the Sugarbeet app can also result in action against your account. You cannot submit appeals, reports, notices or complaints that are false reports or report for malicious, biased, or other illegitimate reasons.

Notice regarding Sexual Conduct

Consent is required at all times. Everyone on Sugarbeet is expected to discuss and respect boundaries. This includes never making assumptions about what someone is comfortable with. Consent can be withdrawn at any time, and sex is never owed to anyone and sex without consent is against the law and may result in criminal or civil liability in Colorado.

Safety Resources & Measures

We partner with Bloom, run by Chayn, to provide complimentary online trauma support to members of our global community who experience sexual assault or relationship abuse. We also partner with Kodex, a collaborative data sharing portal to ensure trusted and secure communications with verified government agencies. Safety is a top priority at Sugarbeet. We use a combination of human moderators and automated systems to monitor and review Sugarbeet accounts and interactions for content that may be against our Community Guidelines, against our Terms and Conditions, or otherwise harmful. Our members play a critical role in the safety of Sugarbeet by reporting content or behavior that may violate our Community Guidelines.

5. Privacy

For information about how the Sugarbeet Labs collects, uses, and shares your personal data, please check out our Privacy Policy. By using Sugarbeet, you acknowledge that we may use such data in accordance with our Privacy Policy.

6. Payment Terms

Generally

Sugarbeet may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference. You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method.

IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT SUGARBEET’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. TO AVOID CHARGES FOR A NEW SUBSCRIPTION PERIOD, YOU MUST CANCEL BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. DELETING YOUR ACCOUNT OR DELETING THE APPLICATION FROM YOUR DEVICE DOES NOT CANCEL YOUR SUBSCRIPTION.

Canceling Subscriptions

If you purchased a subscription directly from Sugarbeet, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but you will not (except as set forth in “Refunds” below) be eligible for a prorated refund. Because our Services may be utilised without a subscription, canceling your subscription does not remove your profile from our Services.

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period.

Refunds

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. However, for subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, and for subscribers residing outside the US, additional refund rights may apply as described in these Terms.

To request a refund, in addition to cancelling, eligible subscribers must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple. If you subscribed through Google and reside outside the US, your refund will be handled by Google. For all other purchases, please contact customer support with your order number, or mail a signed and dated cancellation notice to: Sugarbeet, Attn.: Cancellations, P.O. Box 300940, Austin, Texas, 78703.

Taxes

The payments required under this Section 6 do not include any Sales Tax that may be due. If Sugarbeet determines it has a legal obligation to collect a Sales Tax from you, Sugarbeet will collect such Sales Tax in addition to the payments required under this Section 6.

7. Virtual Items

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Sugarbeet, referred to here as “Virtual Items.” You can only purchase Virtual Items through Sugarbeet or Sugarbeet’s partners. Virtual Items represent a limited license right governed by this Agreement, and no title or ownership in or to Virtual Items is being transferred or assigned to you. Sugarbeet may manage, regulate, control, modify, or eliminate Virtual Items at any time. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT SUGARBEET IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8. Push Notifications; Location-Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Sugarbeet services. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, you can unsubscribe or opt out by following the specific instructions included in such communications, or by emailing us with your request at feedback@team.sugarbeet.com.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location, using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you disable these or do not authorize the App to access your location data, you will not be able to access such location-specific content.

9. Disclaimer

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE SUGARBEET LABS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. SUGARBEET LABS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

10. Limitation of Liability

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

11. Indemnity

All the actions you make and information you post on Sugarbeet remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or willful misconduct by you;
• your access to and use of the App;
• the uploading or submission of Content to the App by you;
• any breach of these Terms by you; and/or
• your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. The foregoing provision does not require you to indemnify Sugarbeet Labs for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

12. Procedure for Making Claims of Copyright Infringement

If you believe any content on Sugarbeet infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Sugarbeet Labs’s Copyright Agent. The Takedown Notice must include: a physical or electronic signature of a person authorized to act on behalf of the owner; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing; information reasonably sufficient to permit us to contact you; a statement of good faith belief; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner.

Takedown Notices should be sent to Sugarbeet Labs’s Copyright Agent at copyright@team.sugarbeet.com. If you wish to reach out via other methods, you can write to: Sugarbeet, Attn: Sugarbeet Labs’s Copyright Agent, P.O. Box 300940, Austin, Texas, 78703; or phone: +1 – 512-696-1409.

13. Third Party App Store

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms of these Terms are less restrictive than, or conflict with, the terms of this Section, the more restrictive or conflicting terms in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

• These Terms are concluded solely between you and the Sugarbeet Labs and not with the providers of the Third Party Store, and the Sugarbeet Labs is solely responsible for the App and the content thereof.
• The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App.
• The Sugarbeet Labs, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App.
• The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you.
• In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and these Terms, the terms of the Third Party Store or mobile carrier shall govern and control.

14. Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in Section 14(10) below, this Arbitration Agreement requires you and Sugarbeet Labs to resolve disputes by binding arbitration instead of in court, and limits the manner in which we may seek relief from each other.

1. When Does This Arbitration Agreement Apply?

This Arbitration Agreement applies to any disputes or claims of any kind whatsoever between you and the Sugarbeet Labs arising out of or relating to the Terms, your use of our App, or any other aspect of your relationship with Sugarbeet, except (i) that you or Sugarbeet may assert individual claims in small claims court if your claims qualify; (ii) that you or Sugarbeet may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.

2. Notice of Dispute and Informal Resolution

Before beginning the arbitration process, you and Sugarbeet Labs agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. You and Sugarbeet agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration.

3. How Do You Start The Arbitration Process?

If you and Sugarbeet Labs are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration by submitting notice by certified mail of the claim with an individualized arbitration demand. Notice to Sugarbeet Labs must be submitted to our registered agent: CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801.

4. What Are The Rules Of Arbitration?

The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement. If you live in California, the arbitration will be administered by ADR Services, Inc. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation. The initiating party must pay all filing fees for the arbitration.

5. What Can The Arbitrator Decide?

The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual proceeding. The award of the arbitrator is final and binding upon you and us.

6. No Jury Trials

BY AGREEING TO ARBITRATION, YOU AND SUGARBEET ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

7. One At A Time

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND SUGARBEET LABS GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING, except as provided in Section 14(8) below.

8. Mass Filings

If, at any time, 30 or more similar demands for arbitration are asserted against Sugarbeet or related parties by the same or coordinated counsel or entities within a period of 60 days or otherwise close in proximity (“Mass Filing”), additional protocols apply, including bellwether arbitrations, global mediation, and batch arbitration, as described in these Terms.

9. Offer of Judgment

At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is not accepted and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs and shall pay the offering party’s costs from the time of the offer.

10. Opt-Out

New users who create a Sugarbeet account for the first time on or after July 24, 2023 may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to sugarbeetoptout@sugarbeet.com, within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your Sugarbeet username (if any), the email address and/or phone number you used to set up your account, and an unequivocal statement that you want to opt out.

11. Severability

Except as provided in subsection 14(7), if any part of this Arbitration Agreement is found under the law to be invalid or unenforceable, then such specific part shall be severed and the remainder shall continue in full force and effect.

12. Survival of Agreement

The terms of this Arbitration Agreement will continue, even after your relationship with Sugarbeet has ended.

15. Use of Third Party Integrations

If you use the Snap Lenses feature offered in our App or any other AR features provided by Snap similar to Snap Lenses, you will be subject to the Snap Inc. Terms of Service, which contain an arbitration clause including a waiver of any right to participate in a class-action lawsuit or class-wide arbitration. If you do not agree to be subject to the Snap Inc. Terms of Service, you should not use the Snap-provided AR camera features within our App.

16. Termination and Remedies

These Terms commence on the date you accept them and continue until terminated in accordance with the terms herein. You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 6. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store to avoid additional billing.

In the event that Sugarbeet Labs determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the Sugarbeet Labs regards as inappropriate or unlawful, Sugarbeet Labs reserves the right to warn you, delete your User Content, discontinue your Account, discontinue your subscription(s) without refund, notify and/or cooperate with law enforcement authorities, and/or pursue any other action which Sugarbeet Labs deems appropriate.

17. Miscellaneous

These Terms, which we may amend from time to time, constitute the entire agreement between you and the Sugarbeet Labs. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

As Sugarbeet grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. Your continued use of Sugarbeet following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and the remainder of the Terms shall survive and remain in full force and effect.

If you have any questions, complaints or claims with respect to the App, please contact us at hello@sugarbeetlabs.com.

18. Governing Law and Forum

Subject to Section 14(3) and any mandatory laws that may apply in the country in which you reside, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with the Sugarbeet Labs, and these Terms are governed and interpreted by the laws of the State of Texas. All claims arising out of or relating to these Terms that are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

19. The Sugarbeet Labs

The Terms constitute a binding legal agreement between you as user (“you”) and the Sugarbeet Labs (“we” or “us”). The Sugarbeet Labs includes, but is not limited to, Sugarbeet Labs LLC (a Texas company).