SWEETNR SITE TERMS OF SERVICE

OVERVIEW

This website (www.sweetnr.ai) is operated by Mimi Ator LLC, doing business as Sweetnr, (“us”, “we”, “our”, “Mimi Ator”, “Mimi” or “Sweetnr”). Throughout the site, the terms “”us”, “we”, “our”, or “Sweetnr” refer to Mimi Ator. Sweetnr provides an application-based service focused on improving communication. Mimi Ator offers the website available at www.sweetnr.ai and related subdomains (the “website” as used in these Terms), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Throughout these Terms, “Sweetnr” refers to the application and the website operated by us.

By visiting our website and/or purchasing something from us, and/or using our application, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and policies referenced herein. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT. You acknowledge that your use of the Services constitutes the use of an electronic signature. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MIMI ATOR LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The website is intended for use by persons age 16 or older. If you are younger than 16, please do not use the site. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

MODIFICATIONS TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the service following any changes constitutes acceptance of those changes.

Mimi Ator LLC reserves the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of notification in or through the application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.

SECTION 1 – ACCEPTABLE USE OF THE SERVICES

In addition to the prohibited content rules above, you agree that your use of and conduct on the Services shall be lawful and will not:

Be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services.
Trick, defraud or mislead Mimi Ator LLC or other users, especially in any attempt to learn sensitive account information such as passwords or personal information about other users.
Make improper use of Mimi Ator LLC’s support services or submit false reports of abuse or misconduct.
Reuse, copy, reproduce and/or sell content within the site for any commercial purpose whatsoever
Disparage, tarnish, or otherwise harm Mimi Ator LLC and/or the Service.
Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices.
Copy or adapt the Services’ software including but not limited to Swift, Flash, PHP, HTML, JavaScript, or other code.
Reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services.
Except as may be the result of a standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Cover or obscure any notice, banner, advertisement, or other branding on the Services.
Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

The information you provide to the Services may be sensitive and of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services, before accessing the Services. If you are not the exclusive owner or user of a device used to access the Services, then you may want to avoid using such device for accessing the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.

All disclosures that you make about yourself (or others) on or through our Services are made at your own risk, and Mimi Ator LLC shall not be responsible for any damages, injury, or harm, including physical injury, which may arise from any disclosures that you make or any action you may take based on using the Services. Please also see our Privacy Policy for more information on data practices.

You understand and agree that we may use the information you provide, including without limitation personal information, to provide you with Services and otherwise in accordance with our Privacy Policy.

You understand that your entered content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the service is provided, without expressed written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Terms relating to Minor Children

Mimi Ator LLC conforms to the Children’s Online Privacy Protection Act (COPPA). Our services are not intended for children under age 16. We do not knowingly collect personally identifiable information via the Services from users in this age group. We ask that our users not provide information about a child, especially if they do not have guardianship of the child and the legal authority to consent to the collection of the child’s data, including without limitation through any comment, forum or feedback mechanism. Please also see our separate Privacy Policy for more information on our data handling practices.

SECTION 3 – USAGE REQUIREMENTS

Users should refrain from making serious or consequential decisions based solely on the content provided within the app.

A) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

B) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

C) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with SWEETNR or any Mimi Ator LLC Service; (iv) except where explicitly permitted, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (vi) buy, sell, or transfer content without our prior consent; or (vii), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by SWEETNR.

D) Third Party Services. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

SECTION 4 – CONTENT

A) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Mimi Ator LLC hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Mimi Ator LLC may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

B) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for SWEETNR, Mimi Ator LLC Services or a third party. For example, you may provide input to a model such as “What color is the ocean?” and receive output such as “The ocean is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

C) Use of Content to Improve Services. We may use Content from Services to help develop and improve our Services. You also agree that we may analyze your use of the site to operate, maintain, and improve it.

D) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

SECTION 5 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on or use of the content in the site is at your own risk.

The site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

By operating the Services, Mimi Ator LLC makes no representations whatsoever about the use of content displayed within the site other than for your personal informational purposes.

SECTION 6 – We Make No Warranties to our Users and Disclaim All Liability for Your Use of the Service

Use of the Services is at your own risk.

Mimi Ator LLC AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON ANY Mimi Ator LLC SERVICE, INCLUDING WITHOUT LIMITATION THE APP. YOU AGREE THAT Mimi Ator LLC IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, AND/OR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING MIMI ATOR LLC TO PROVIDE A SERVICE AT A SPECIFIED PRICE, AND THAT OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES.

Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT Mimi Ator LLC IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO Mimi Ator LLC WITH RESPECT TO YOUR INDIVIDUAL USE OF THE Mimi Ator LLC SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT Mimi Ator LLC IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

THE SWEETNR APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Mimi Ator LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

SPECIFICALLY, MIMI ATOR LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, RECOMMENDATIONS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE Mimi Ator LLC SERVICES.
THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE MIMI ATOR LLC SERVICES.
THE CONTENT, THAT THE SERVICE CAN BE USED TO ACHIEVE SPECIFIC INTERESTS, OR THAT THE OUTPUT OF THE SERVICE COMPLETE AND ACCURATE.
THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL MIMI ATOR LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE MIMI ATOR LLC SERVICES. YOU WILL HOLD MIMI ATOR LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.

SECTION 7 – FEES, PAYMENTS, ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

You agree to provide current, complete, and accurate purchase and account information for all subscription payments. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates on third party payment platforms, so that we can complete your transactions and contact you as needed.

A) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. SWEETNR and Mimi Ator LLC uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

B) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

C) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact hello@sweetnr.ai within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

D) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

SECTION 8 – CONFIDENTIALITY, SECURITY AND DATA PROTECTION

A) Confidentiality. You may be given access to Confidential Information of Mimi Ator LLC, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Mimi Ator LLC or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Mimi Ator LLC and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

B) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Mimi Ator LLC and provide details of the vulnerability or breach.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. For example, we may share links to Spotify playlists.

Third-party links on the site may direct you to third-party applications such as Spotfiy or Google Calendar that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or applications, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party applications. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You hereby grant Mimi Ator LLC a perpetual, unlimited, royalty-free, fully-paid up license to any and all feedback submitted through the Services.

If you use the site, you hereby grant Mimi Ator LLC a perpetual, unlimited, royalty-free, fully-paid up license to any and all entered content in order to operate, maintain, and improve the Services. You also agree that we may analyze your use of the site to operate, maintain, and improve it.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that you will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments and use of the site will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site should be taken to indicate that all information in the Service or on any related site has been modified or updated.

SECTION 13 – INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Mimi Ator LLC AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – CLAIM LIMITATIONS

Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurring.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

How and When Your Account Can Be Terminated

Termination by Mimi Ator LLC. You agree that Mimi Ator LLC may terminate your account at any time for your violation of any of the provisions of these Terms.

Termination by you. If you are dissatisfied with the Mimi Ator LLC Services, please let us know by emailing us at hello@sweetnr.ai. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Mimi Ator LLC in providing the Services, or (d) any content or information transmitted through the site or the Services, is to terminate the Services and your account. You may terminate the Services at any time by unsubscribing to our email list.

Effect of termination. Upon the termination of your account, either by you or Mimi Ator LLC, your access to your personal information within the Service shall immediately terminate and you are solely responsible for maintaining copies of any personal information you have uploaded to the Services or any plans you may have engaged through the Services. Mimi Ator LLC may, but is not obligated to, retain copies of your personal information upon the termination of your user account on backup media. Please see our Privacy Policy for more information about removing your user data from our systems.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to receive email communications. However, if you cease using the services, those provisions of these Terms which by their nature extend beyond the expiration of a contractual agreement, including without limitation the indemnification obligations herein, the arbitration provisions herein, and the limitations of liability herein, will survive the termination of our relationship and remain in full force and effect.

SECTION 17 – ARBITRATION OF CLAIMS

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Mimi Ator LLC on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Mimi Ator LLC and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Mimi Ator LLC by someone else.

Agreement to Binding Arbitration Between You and Mimi Ator LLC.

You and Mimi Ator LLC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Mimi Ator LLC, and not in a court of law. (c) You and Mimi Ator LLC agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.

You acknowledge and agree that you and Mimi Ator LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Mimi Ator LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Mimi Ator LLC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

No Class Actions.

Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

Mass Filings.

If, at any time, 30 or more similar demands for arbitration are asserted against Mimi Ator LLC or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and Mimi Ator LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Mimi Ator LLC submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney’s’ fees and expenses, to the extent provided under applicable law. Mimi Ator LLC will not seek, and hereby waives all rights Mimi Ator LLC may have under applicable law to recover, attorneys’ fees and expenses if Mimi Ator LLC prevails in arbitration.

Fees.

It is your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $1,000, Mimi Ator LLC will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the above, regarding consent to be bound by amendments to these Terms, if Mimi Ator LLC changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Mimi Ator LLC written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Mimi Ator LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: hello@sweetnr.ai. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Mimi Ator LLC in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Opt-Out.

You may opt-out of the foregoing arbitration requirement by sending a written statement of your wish to opt-out via postal mail at the contact address below within 30 days of your initial consent to these terms as updated January 25, 2024.

SECTION 18 – ENTIRE AGREEMENT

Mimi Ator LLC’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Mimi Ator LLC’s prior written consent, but may be assigned by Mimi Ator LLC without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mimi Ator LLC as a result of these Terms or your use of the Services.

These Terms constitute the entire agreement between you and Mimi Ator LLC with respect to the use of the Sweetnr site. Your use of the site is also subject to the Mimi Ator LLC Site Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

How You Can Contact Us

For questions or comments about the Terms, or for questions about your privacy please email us at hello@sweetnr.ai.

You can also reach us by mail, including to opt-out of arbitration to resolve disputes, at:

Mimi Ator LLC
2108 N ST
STE N
SACRAMENTO, CA 95816

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. Any disputes arising hereunder shall be arbitrated and/or adjudicated in the state and federal courts having jurisdiction over Los Angeles, California.

These Terms were last updated January 25, 2024.