Terms of Service

Version 1.0

Last revised and effective as of: August 30th, 2023

These User Terms of Agreement ("Agreement") outline the terms and conditions governing your use of the "Sweet" mobile application ("App"), developed and operated by Very Sweet Inc. ("Company," "we," "us," or "our"). By accessing or using the Sweet App, you ("User," "you," or "your") agree to comply with these terms. Please read this Agreement carefully before using the App.

We may revise this Agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

  1. Acceptance of Terms
    By using the Sweet App, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, our Privacy Policy, and any other relevant policies or guidelines. If you do not agree with any part of this Agreement, you should refrain from using the App.
  2. Account Setup and Usage
    1. 2.1 User Account: In order to use the App, you must create a user account by providing accurate and up-to-date information, including your phone number and email. You are responsible for maintaining the confidentiality of your account credentials.
    2. 2.2 Funds and Payments: The Sweet App allows you to load funds onto your account using your credit/debit card or bank account. By adding funds, you agree to pay for all orders made through the App.
    3. 2.3 Legal Age: You must be of legal drinking age 21 in order to use Sweet.
    4. 2.4 Authorization to Charge Your Payment Method: By linking a payment method to your Sweet account, as described in the section Link or Unlink a Payment Method, you authorize us to charge such linked payment method for the payment amount and any applicable fees (a) whenever you choose such linked payment method to send money or buy something using Sweet, (b) in connection with any errors, claims, or disputes, and (c) for amounts you owe to us.
    5. 2.5 Location and Requirements for Opening an Account: You must be residing in the United States and have a US bank account in order to use Sweet.
  3. Data Collection and Privacy
    1. 3.1 Data Collection: We may collect and process certain information from your usage of the App, including but not limited to location data, transaction history, and device information. This data is collected to improve our services, personalize your experience, and provide relevant notifications.
    2. 3.2 Privacy: Your privacy is important to us. Our data collection and usage practices are detailed in our Privacy Policy. By using the Sweet App, you consent to the collection and use of your data as described in the Privacy Policy.
  4. Rewards and Notifications
    1. 4.1 Rewards Program: The Sweet App may offer a rewards program that allows you to earn points, discounts, or other benefits based on your usage of the App. Any such program will be subject to its own terms and conditions.
    2. 4.2 Notifications: We may send you notifications, including promotional offers, order updates, and important announcements, through the App or other communication channels you've provided.
  5. User Responsibilities
    1. 5.1 Usage Guidelines: You agree to use the Sweet App responsibly and in compliance with all applicable laws and regulations. You will not use the App for any unlawful or prohibited purposes.
    2. 5.2 Accuracy of Information: You are responsible for ensuring the accuracy of the information you provide to the App, including your account details and orders.
    3. 5.3 Security: You are responsible for the security of your account credentials and any actions taken under your account. If you suspect unauthorized use, you must notify us immediately.
  6. Holds and Limitations

    Under certain circumstances, in order to protect Sweet and the security and integrity of the network that uses the Sweet services, Sweet may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your Sweet account.

    Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Sweet, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Sweet account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

    Limitations may be placed on your Sweet account to help protect Sweet and Sweet users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Sweet account open.

  7. Indemnification and Limitation of Liability
    1. 7.1 Indemnification: You must indemnify Sweet for actions related to your Sweet account. You agree to defend, indemnify and hold Sweet harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Sweet services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Sweet account or access our websites, software, systems.
    2. 7.2 Limitation of Liability: Sweet’s liability is limited with respect to your Sweet account. In no event shall Sweet be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf, any of the Sweet services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
    3. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Sweet is not liable, and you agree not to hold Sweet responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

      (1) your use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf, or any of the Sweet services;

      (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf and any of the Sweet services;

      (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf or any of the Sweet services or any website or service linked to our websites, software or any of the Sweet services;

      (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf or any of the Sweet services or in the information and graphics obtained from them;

      (5) the content, actions, or inactions of third parties;

      (6) a suspension or other action taken with respect to your Sweet account.

  8. Disclaimer of Warranty and Release
    1. 8.1 No warranty:

      The Sweet services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

      We do not have any control over the products or services provided by sellers who accept Sweet as a payment method, and we cannot ensure that a Sweet user or a seller you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Sweet services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Sweet services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the Sweet services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply.

    2. 8.2 Your Release of Us:
      If you or a Teen User have a dispute with any other Sweet account holder (or Teen User), you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  9. Intellectual Property

    "Sweet," "Verysweet.co," and all logos related to the Sweet services are either trademarks or registered trademarks of Sweet. You may not copy, imitate, modify or use them without our prior written consent.

    We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using Sweet services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, language, medium or technology now known or later developed. We will not compensate you for any content.

    1. Identity Authentication
    2. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include: asking for further information, such as date of birth, a social security or taxpayer identification number, physical address and other information that will allow us to reasonably identify you; requiring steps to confirm ownership of an email address, phone number or financial instrument; ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or requiring you to provide a driver’s license or other identifying documents.
    3. Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Sweet services. We reserve the right to close, suspend, or limit access to your Sweet account and/or the Sweet services in the event that, after reasonable enquiries, we are unable to obtain information required to verify your identity.
  10. Termination
    We reserve the right to terminate or suspend your access to the Sweet App, at our sole discretion, for any reason, including violation of this Agreement. Termination may result in the loss of your account and any associated data. In certain cases, you may not close your Sweet account, including: To evade an investigation. If there is a pending transaction or an open dispute or claim. If amounts are owed to us If your Sweet account is subject to a hold, limitation or reserve.
  11. Contact Us

    If you have any questions, concerns, or feedback about the Sweet App or this Agreement, you can reach out to our customer support at support@verysweet.co.

    By using the Sweet App, you acknowledge that you have read and understood this Agreement, and you agree to be bound by its terms and conditions.

    Very Sweet Inc.