These terms and conditions create a contract between you and Sugr.one, Inc.
(“Agreement”, “License”). Please read the Agreement carefully.
1. Introduction
2. Definitions
3. Licenses
4. Permitted, Prohibited, and Restricted License Uses
5. License Expiration
6. Refund Policy
7. Legal Compliance
8. Your Account
9. Reviews, Comments, and Other Material
10. Intellectual Property
11. Revisions and Errata
12. Disclaimers
13. Links to Other Websites
14. Indemnification
15. Governing Law
16. General Terms
17. Disputes
18. Force Majeure
19. Contacts
Thank you for choosing Sugr.one, Inc. By using, downloading, accessing, or copying content from our website, online application, or that of our affiliates, you agree to be bound by this agreement and any future novations to this agreement. You should review this Agreement from time to time to ensure you are aware of any changes.
This Agreement will, govern your entire use of the Services ("Services").
You must be at least 18 years old to use the Services. If you are using the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You may not share your login details or account with anyone outside your organization, and you are responsible for all activities that occur using your login details.
All Licensed Materials are subject to provisions of this Agreement. The Licensee acknowledges that Sugr.one, Inc. retains all rights, titles, and interests in copyrighted Materials and Content created by Sugr.one, Inc., its staff, employees, or agents.
If Licensed Materials are obtained through a download, a perpetual license to the Materials is granted. This license grants the Licensee the ability to use the Materials for commercial purposes.
Licenses for Content obtained through Download are perpetual.
Permitted License uses of Materials include:
These are the restricted uses that are standard for all Users. The Licensor prohibits the use of Materials in the following cases (immediate License revocation will apply):
a. The Licensee may use Materials only with expressed written consent of Sugr.one, Inc. in the following circumstances (additional license fees may apply):
For more information, please contact Sugr.one, Inc. at: will@sugr.one.
b. Remixes and Derived Works
A remix is defined to be any modification or reproduction of the original Materials. A derived work is defined as a new work that includes substantial modification to the Materials. It is not allowed to compile or redistribute remixes that do not make substantial modifications to the Materials. Modifications including, but not limited to, cropping, coloration, scaling, quality enhancement, and compilation do NOT qualify as substantial changes. It is advisable to discuss the derived works with Sugr.one, Inc. before pursuing redistribution of the derived Materials.
c. Medium Transfer
If the Materials are transformed in any way in which the result forms a different medium, the terms of this Agreement still apply. This includes but is not limited to, 3D modeling applications.
d. Third Parties
The Licensee agrees not to assign or transfer its duties or obligations under this Agreement, nor to loan, rent, export, or transfer any unauthorized licensing rights or privileges to any other person or entity.
A Licensee may provide third parties with the final product containing Materials if the third party expressly agrees with the terms and conditions of this Agreement. The Licensee is responsible for including a copy of this Agreement when providing third parties with the final product. The Licensee must inform third parties about the rules for crediting and distributing Materials specified herein.
a. The term of this License begins immediately upon the Licensee's access, acceptance, download, upload, or purchase of any Material from the Sugr.one, Inc. Website, and is valid for the term specified within the Licensee or User's particular licensing package agreed upon at purchase (i.e., "Licensing Period").
This License covers the following aspects of the Materials:
b. After expiration or termination of this Agreement, the following features shall remain and be applicable to:
c. Upon expiration, this License and Agreement shall not apply to:
Sugr.one, Inc. will not issue refunds except as required by law. All fees are non-refundable, including in the event of premature cancellation of a subscription or failure to cancel a trial period in a timely manner. By purchasing a subscription, you authorize Sugr.one, Inc. to charge you for all subscription fees, if any, for the entire agreed term. Residents of the European Union who cancel their subscriptions within fourteen (14) days of purchase and who have not downloaded or licensed any Materials are entitled to a refund of such purchase payments. If Licensee is eligible for a refund, Sugr.one, Inc. will process the refund using the Licensee's original method of payment.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Sugr.one, Inc. reserves the right to investigate complaints or reported violations of our Agreement and to take any action it deems appropriate, including, but not limited to, terminating your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any necessary or appropriate information to such persons or entities regarding your profile, email addresses, usage history, posted materials, IP addresses, and traffic information as permitted by our Privacy Policy.
A User account can be accessed and used by one (1) User only.
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You also agree not to disclose any personally identifiable information, including but not limited to first and last name, login information, or various other details of a personal nature ("Personal Data") on the Website. Your disclosure of any Personal Data on the Website may result in the immediate termination of your account. Sugr.one, Inc. also reserves the right to refuse service, terminate accounts, and remove or edit Content in its sole discretion.
Sugr.one, Inc. does not guarantee the truthfulness, accuracy, or reliability of the content of the Website that consists of personal data. Each user is responsible for updating all relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.
You are responsible for monitoring all activity under your account, and you agree to: (a) maintain the security of your password and username; (b) immediately notify Sugr.one, Inc. of any unauthorized use or other breach of security; and (c) accept all responsibility for any and all activities that occur under your account. Sugr.one, Inc. reserves the right to monitor downloads and user activity to ensure compliance with the terms of this Agreement. If Sugr.one, Inc. determines that you are in breach of this or any other provision of this Agreement, it may terminate access to your account and seek other legal remedies.
It is strictly prohibited for more than one (1) User or Licensee to use or access a single account at any time. NO OTHER PERSON (INCLUDING EMPLOYEES, CO-WORKERS, OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE MATERIAL LICENSED THROUGH YOUR ACCOUNT.
When creating final products with Materials, the final product is bound by this Agreement. You may not transfer Materials to another person, distribute, or "mirror" Materials on any other server.
Registered Users of the Website might post reviews and comments about products and services purchased through the Website, provided that the content is lawful, non-profane, non-threatening, non-defamatory, respects the privacy of others, does not infringe intellectual property rights, or causes harm to third parties, and does not contain any industrial solicitation, mass mailings, or any form of spam. It is prohibited to use another user's account to impersonate a user or entity, or to misrepresent the origin of the opinions. Sugr.one, Inc. reserves the right (but is not obligated) to remove or modify such content.
By posting an evaluation or comment, and unless Sugr.one, Inc. advises otherwise, you give Sugr.one, Inc. permission to use, reproduce, modify, adjust, release, equate, create derivative works from, distribute, and display your content worldwide, in any media, without payment of any royalties, and that permission is perpetual and cannot be revoked. Sugr.one, Inc. and its sub-licensees have the option of using your name in association with such material. You recognize that you have ownership or some other form of control over all the rights to the content you post; that the content is accurate; that the use of the content you supply does not violate this policy and will not cause harm to any person or entity; and that you will fully compensate Sugr.one, Inc. for any claims resulting from the content you supply. Sugr.one, Inc. does not bear any responsibility and undertakes no liability for any content published by you or any third party.
Sugr.one, Inc. respects intellectual property. Our Website and Services may contain our service marks or trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited.
The content that appears on Sugr.one, Inc.'s services may contain technical, typographical, or photographic errors. Sugr.one, Inc. does not guarantee the accuracy, completeness, or timeliness of any content on its website. Sugr.one, Inc. reserves the right to change any materials on its website without prior notice. Sugr.one, Inc. does not commit to updating the materials and content on its website.
a. The Materials are provided "as is." Sugr.one, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violations of rights. Further, Sugr.one, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Website, or otherwise relating to such Materials, or on any websites linked to this Website.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATIONS) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SUGR.ONE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SUGR.ONE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFORMATION, MATERIAL(S), PRODUCTS (INCLUDING SOFTWARE), OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE POINTED OUT IN WRITING. SUGR.ONE, INC. DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE AND THAT ALL THE DEFECTS WILL BE CORRECTED. SUGR.ONE, INC. DOES NOT PROMISE THE SPECIFIC RESULT OF YOU USING THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUGR.ONE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATIONS), OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING.
b. LIABILITY. SUGR.ONE, INC. WILL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON, OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES, COSTS, OR LOSSES ARISING OUT OF THIS AGREEMENT.
c. Output. You are responsible for the Output you produce and its subsequent use. No use of the Output may violate any of the terms of the Agreement.
d. Warranty Disclaimer. Unless specifically warranted above, Sugr.one, Inc. does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered, or copyrighted audio, designs, works of art, or architecture depicted or contained in the Content and Materials. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the Content or Materials, and you are solely responsible for obtaining such release(s). You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness, or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under and compliance with any other terms of any applicable collective bargaining agreements as a result of your use of the licensed content.
e. Caption/Metadata Disclaimer. While Sugr.one, Inc. has made reasonable efforts to correctly categorize, keyword, caption, and title the Materials, Sugr.one, Inc. does not warrant the accuracy of such information or of any metadata provided with the Materials.
f. Exclusivity Disclaimer. While Sugr.one, Inc. has made reasonable efforts to correctly categorize and record grants of exclusivity for the commercial use of the Materials, Sugr.one, Inc. does not warrant or guarantee exclusivity with respect to the editorial use of the Materials. All such grants of commercial exclusivity do not preclude prior, concurrent, or subsequent licenses granted for editorial usage of the same Materials.
g. Limitation of Liability. Notwithstanding any other terms under this Agreement, the total maximum aggregate liability under this Agreement and any other agreement where our Company has licensed the same Material or Content, regardless of file size, or the Licensee/User's exploitation of any or all Licensed Content in any manner, our aggregate liability shall be limited to the amount paid for the use of the license. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, the limitations noted herein may not apply to you specifically.
h. Likeness rights. All images have been generated without human intervention through machine learning processes licensed by third party technologies through contracted agreements. Sugr.one, Inc. carry no additional likeness rights. Any perceived resemblance of our Materials to an existing person is not intentional.
j. You agree that any feedback provided to you by Sugr.one, Inc., its subsidiaries, or representatives regarding any questions you may have about this Agreement or your use of Licensed Materials hereunder is solely for the purpose of interpreting this Agreement and is not legal advice. Sugr.one, Inc. cannot render legal advice to you and expressly disclaims any liability related to any feedback provided by Sugr.one, Inc. or its subsidiaries and representatives.
k. The Licensor hereby states that it does not assume any responsibility for the User Content. The Licensee or User is solely responsible for the accuracy, completeness, and legality of the content provided by them. The Licensor does not grant any copyrights or title for Materials based on the user provided content. The Licensee or User is solely responsible for obtaining all necessary permissions and authorizations for the use of any third-party content. The Licensor does not endorse, guarantee, or warrant the accuracy, reliability, or quality of any user-provided content. Therefore, the user agrees to indemnify and hold harmless the Licensor from any claims, damages, or liabilities arising from the use of their content. The Licensor reserves the right to remove any user-provided content that violates these terms and conditions without prior notice.
Our Website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Sugr.one, Inc. has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.
a. Indemnification of Sugr.one, Inc. by you. You agree to defend, indemnify and hold harmless Sugr.one, Inc. and its subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any Content or Materials outside the scope of this Agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Sugr.one, Inc.; and (iii) your failure to obtain any required release for your use of Content or Materials.
b. Indemnification of you by Sugr.one, Inc. Provided that you are not in breach of this or any other agreement with Sugr.one, Inc., and as your sole and exclusive remedy for any breach of the warranties set forth in this Agreement, Sugr.one, Inc. agrees, subject to the terms of this section “Indemnification,” to defend, indemnify, and hold harmless you, your corporate parent, subsidiaries, affiliates, and each of your respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Sugr.one, Inc. of its warranties set forth in this Agreement. This indemnification does not apply if any damages, costs, or losses arise out of or are a result of modifications made by you to the Material, Content, or the context in which they are used by you. This indemnification also does not apply to your continued use of Material or Content following notice from Sugr.one, Inc., or upon your knowledge, that the Material or Content is subject to a claim of infringement of a third party’s right.
c. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement, or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
This Agreement and any claim relating to Sugr.one, Inc. shall be governed by the laws and statutes of California, United States, excluding the application of conflict of law provisions. In addition, you agree to submit to the jurisdiction and venue of such courts.
a. Assignment. This Agreement is personal to you and is not assignable by you without Sugr.one, Inc.’s prior written consent. Sugr.one, Inc. may assign this Agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these Terms.
b. Severability. If one or more of the provisions in this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
c. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
d. Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the License granted to you, or of your use of the Materials.
a. Mediation. In the event of a dispute regarding this Agreement, its terms, or their interpretation, it is agreed that the Licensor, Licensee, or User will attempt to resolve the dispute in a professional manner. If the parties are unable to resolve the dispute personally, then they both agree to use the services of a Private Mediator in California, U.S.A. The parties agree to share the cost and choice of a Mediator.
b. Notice of Intent. The Disputing Party shall send the Non-Disputing party a thirty (30) day written "Notice of Intent" stating the basis for the intent to Mediate prior to filing a Claim.
c. Procedure. The Mediation Hearing shall be conducted via Mediation or Arbitration Rules adopted by the American Bar Association.
d. Award. The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney's fees. This Mediation provision shall survive cancellation or termination of this Agreement.
All parties of this Agreement acknowledge and agree that neither shall be responsible for any delay or failure to perform under these Terms in the event any delay or failure is caused by fire, flood, strike, labor unrest, riot, embargo, an act of civil or military authority, accident, acts of God, vandalism, or other events beyond its control. Notice of any Force Majeure Event shall be given to the non-affected party as soon as possible after its occurrence. The affected party(ies) shall resume their duties and responsibilities as soon as it is practical.
Sugr.one, Inc. retains the right to limited usage of user generated images in their marketing materials on social media. To opt out email support@sugr.one .
If you have questions or comments regarding this Licensing Agreement, please contact us at support@sugr.one.