Terms of Use

Agreement

By accessing or using websites, applications, or services operated by Sugar Capital (collectively, the “Services”), you agree to these Terms of Use. If you do not agree, do not use the Services.

Eligibility and access

Certain Services are intended for authorized personnel and invited users only. Access credentials may not be shared. We may suspend or terminate access that violates these terms or poses a security risk.

Acceptable use

You agree not to misuse the Services (for example, by attempting unauthorized access, probing systems, scraping in violation of our policies, introducing malware, or using the Services in a manner that violates law or third-party rights).

Content and IP

The Services, branding, and materials we provide are owned by Sugar Capital or our licensors. You retain rights in content you submit; you grant us a license to host and process that content as needed to operate the Services.

Disclaimers

The Services are provided “as is” to the fullest extent permitted by law. We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement where allowed.

Limitation of liability

To the maximum extent permitted by law, Sugar Capital and its affiliates, partners, employees, and contractors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunity, fundraising outcome, or anticipated savings, in each case arising out of or related to these terms or the Services, whether based on contract, tort (including negligence), strict liability, or otherwise, and even if Sugar Capital has been advised of the possibility of such damages.

Our aggregate liability arising out of or related to these terms or the Services is limited to the greater of one hundred U.S. dollars or the amounts you paid us in the twelve months before the claim (if any). Some jurisdictions do not allow these exclusions or limitations; in those jurisdictions our liability is limited to the smallest amount permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Sugar Capital and its affiliates, partners, employees, and contractors from any third-party claim, demand, action, or proceeding, and any related liabilities, damages, judgments, fines, settlements, costs, and expenses (including reasonable attorneys’ fees), to the extent arising out of or relating to: (a) your breach of these terms, (b) any content you submit to the Services, (c) your violation of applicable law in connection with the Services, or (d) your fraud, willful misconduct, or gross negligence.

Disputes; binding arbitration; class-action waiver

Any dispute arising out of or relating to these terms or the Services that is not first resolved through good-faith informal negotiation (initiated by emailing abuse@sugarcap.com with a written description and proposed resolution, with 30 days for the other party to respond) will be resolved by binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, conducted in San Francisco, California (or, at your option, by telephone or video for claims under US$10,000). The Federal Arbitration Act governs the interpretation and enforcement of this section.

YOU AND SUGAR CAPITAL EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Notwithstanding the foregoing, either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. You may opt out of this arbitration agreement and class- action waiver by emailing abuse@sugarcap.com within 30 days of first acceptance with the subject “Arbitration Opt-Out.”

Changes

We may update these terms from time to time. Material changes will be indicated by updating the “Last updated” date or as otherwise required. Continued use after changes constitutes acceptance where permitted by law. The version of these terms in effect at the time of your use of the Services governs that use.

General provisions

Entire agreement. These terms (together with the Arthur Terms and Privacy Policy) are the entire agreement between you and Sugar Capital regarding the Services and supersede prior understandings on the subject. A separate, signed agreement between you and Sugar Capital controls over these terms to the extent of any conflict for that relationship.

No waiver. Our failure to enforce a provision is not a waiver of that or any other provision.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

Assignment. You may not assign these terms without our prior written consent. Sugar Capital may assign these terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. Sugar Capital is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, network or hosting outages, third-party service-provider failures, labor disputes, governmental action, or war.

Electronic communications. You consent to receive notices and other communications from Sugar Capital electronically. Electronic notices satisfy any legal requirement that a notice be in writing.

No third-party beneficiaries. Except as expressly stated, these terms do not create any third-party beneficiary rights.

Survival. Provisions that by their nature should survive (including those governing IP, disclaimers, limitation of liability, indemnification, disputes, and these general provisions) survive termination.

Governing law

These terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where prohibited. Courts in San Francisco County, California, shall have exclusive jurisdiction where permitted.

These terms are a general template. Conflicting provisions in a signed agreement between you and Sugar Capital control for that relationship. The Arthur Terms govern the Not Sugar Coated / Arthur memo tool specifically. See also our Privacy Policy.