Sweede.io provides ways to discover the best medical and adult-use marijuana (for the use of those of legal age to buy, possess or consume marijuana (cannabis) or for qualified medical marijuana patients, or caregivers within the United States) via your mobile device or tablet (the “Service”) offered from time to time to consumers and customers (“Users” or “you”) via the Company site located at https://sweede.io and a mobile application, as well as social media pages belonging to the Company (collectively the “Site”). The Service is owned and operated by U.S. Software Inc., a California corporation (6464 Sunset Blvd. Suite 1100, Los Angeles, CA 90028) (“Company” or “We” or “Us”). The Service and the Site may be collectively referred to herein as the “Platform”. Sweede.io works in tandem with the IndicaOnline point-of-sale and management system used by licensed marijuana dispensaries that provide their services on the Platform.

Your use of the Service is subject to the terms and conditions outlined in this Terms of Use Agreement (the “Terms of Use” or “Terms” or “TOU”).

The TOU may change from time to time and maybe revised and modified at any time at our sole discretion by updating this web page. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. The “Last Updated” date at the top of the Terms of Use indicates when the latest modifications to the TOU were made. Your continued use of the Service means that you accept any changes or modifications to this TOU. If any modification is unacceptable to you, your only recourse is to terminate this agreement by contacting our Customer Support. In addition, when using the Service or features on the Site, you will be subject to any posted guidelines or policies applicable to the Service or features that may be posted from time to time, including but not limited to our Privacy Policy. All such guidelines or policies are hereby incorporated by reference into these Terms of Use.

Sweede.io is a marketplace. It is not a cannabis brand, manufacturer, dispensary, or delivery service. Sweede is not involved in any cannabis sales. The actual deal/ contract for sale is directly between the seller (dispensary) and the customer. Any Third-Party content from Sweede business partners (retailers, dispensaries, and brands) who place the information on prices and cannabis-related or non-cannabis-related services or businesses using the Service is subject to Third-Party sole responsibility.Sweede expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party website or in advertisements or content that a Third-Party may have listed or offered on Sweede.

You expressly acknowledge, represent, warrant, and agree that you understand the following:

The Service may be modified, updated, interrupted, suspended, or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades, or force majeure events.

We reserve the right, at any time, in our sole discretion to modify, temporarily, or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.

Your interactions with any Third-Party found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties, or representations associated with such matters are solely between you and the Third-Party, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Third-Party. The Company will have no liability whatsoever for any losses, liabilities, or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.

Sweede operates in compliance with applicable United States laws. You expressly acknowledge and understand that Marijuana (Cannabis) is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge and understand that medical use is not recognized as a valid defense under federal laws regarding marijuana. The interstate transportation of marijuana is a federal offense.

While Sweede may be accessed from various locations, the Service is currently available only to Users and Retailers/ Dispensaries located in certain states, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of Sweede(“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located to useSweede. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using Sweede. Sweedereserves the right to determine or change its Service Area in its sole discretion at any time.

While Sweede may be accessed from various locations, the Service only enters into business partnerships with third-parties (Dispensaries/ Retailers) located in certain states, cities, counties, municipalities, provinces, and jurisdictions within the United States and Canada.

Your use of the Service is governed by and will be enforced under the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of California. Any controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury, or damage of any other party. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF USE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Before start using Sweede, you must ensure that such use complies with all the laws, requirements, and regulations applicable to you. Your right to access the Service is revoked to the extent your use thereof is prohibited or to the extent, our provision hereof conflicts with any applicable law, rule, or regulation. It is your sole responsibility to determine whether you are eligible to use the Service or not.

The Service is meant for the use of those of legal age to buy, possess or consume marijuana (cannabis) or for qualified medical marijuana patients, or caregivers within the United States. The Service is not targeted towards, nor intended for use by, anyone: a) under the legal age to use cannabis; b) not a qualified medical marijuana patient or a caregiver; c) not located within the United States. By using the Service, you represent and warrant that you are eligible to use it or have sufficient legal consent and permission to use the Service in the United States.

Use of the Service is void where prohibited by law. By visiting the Site and/or using the Service, you represent and warrant that: you are of legal age (19+; or 18+ in AB; or 21+ in QC) or older, or otherwise have the necessary authority to use the Service; and your use of the Service does not violate any applicable law or regulation.

If you are using the Service on behalf of a business, you represent and warrant that you have the authority to bind the business to these TOU, the Privacy Policy, and any other related agreements. The applicable business agrees to hold harmless and indemnify the Company from any claim, suit, s action arising from or related to the use of Sweedeor violation of these TOU, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Sweede reserves the right to refuse access to the Service to any User at its sole discretion, at any time.

To start using or to get access to the Service, and/or take advantage of certain features, or to log in to participate in certain activities you must register for an account (“Account”). When you register for your Account, you will be required to provide us with your phone number to validate your Account. Besides, to make the Service work properly, you will have to provide additional information, including but not limited to your name, email, and residence address. Account information, and our use and disclosure thereof, are subject to our Privacy Policy. Use of the Service is subject to the terms of Privacy Policy which is hereby incorporated into and made part of these Terms of Use. Please review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

It is your sole responsibility to keep the information in your Account valid and up to date. If the Company has reasonable grounds to suspect that the information in your Account is false, inaccurate, or outdated, the Company has the right to suspend or terminate your Account and prohibit all current or future use of the Service by you.

Your Account is for your personal and/or business use. You may not resell it.

We will store your information as long as your account is open. If you wish to terminate, delete, suspend, or otherwise disable your Account or use of Sweede at any time, for any reason, please go to your Account Settings and click on “Delete My Account”, or send an email to our Customer Support including your Account Username and your request to delete the Account. When we delete user accounts we must maintain certain information as long as necessary to comply with legal obligations, prevent fraudulent activity, to enforce agreements, or as otherwise deemed necessary in our discretion. Upon your deletion request, the information that can be deleted will be removed from your Account in a reasonable amount of time or as otherwise required by applicable law.

You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for all activities that occur under your Account. Your Account is meant to be private and you shall not share it for any reason. You agree to immediately notify Us of any unauthorized use of your password or Account or any other breach of security. You are also responsible for all charges and/or damages arising from the use of your Account via the Service, including charges and/or damages resulting from unauthorized use of your Account.

You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post, transmit email or upload, any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, indecent, libelous, invasive of another’s privacy, offensive, hateful and/or racially, ethically, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law, or any other behavior the Company deems offensive in its sole discretion. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

You may not do any of the following while accessing or using the Service:

“User Content” means all information and content that a User submits to or uses with the Service. User Content also includes suggestions and improvements you may submit to use. The Company does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.

In the event we permit Users to upload User Content to our Site, you are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Use.

The Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

At its own discretion, the Company may pre-screen User Content submissions and may choose to remove User Content at any time we see fit, although we make no representation that we shall do so. You agree that the Company is not responsible for any financial loss, liability, or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.

By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, and in the event you breach this covenant, you shall hold Company harmless in accordance with the Indemnification section of the TOU below, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you irrevocably waive, and cause to be waived, against the Company Parties and other Users any claims and assertions of any moral rights contained in such User Content.

By posting User Content to the Site, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense such User Content.

We may include links via the Service to third-party operators and/or websites (collectively “Third-Party”), including advertisements, which may include products, goods, services, or information offered therein. These links are provided only as a convenience. If you click through using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party. You agree that the Company will not be responsible or liable for any content, products, goods, services, or information provided or made available by a Third-Party, including related websites, or for your use or inability to use the services of a Third-Party. You will use such links at your own risk.

You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “Protected Materials”) are the property of the Company, its affiliates or licensors or others and are subject to and protected by the United States and international copyright and other intellectual property laws and rights. All rights to the Protected Materials not expressly granted to you in this Terms of Use are reserved to their respective copyright owners.

Subject to this TOU, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable license to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through these Terms of Use or otherwise.

The Company grants you the right to view, download and/or print the Protected Materials provided that you keep intact all copyright and other proprietary notices contained in the original Protected Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Protected Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Protected Materials in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under the United States and international law.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by Us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.

Users acknowledge and agree that as part of the Service, Company information has been or may be made available to Users including, without limitation, information relating in any way to any products, services, methods, computer/software, or any other similar or related matters or items developed, enhanced or modified by the Company (collectively, the “Confidential Information”).

Users agree that the Confidential Information: a) is the sole and exclusive property of the Company; b) is absolutely confidential to the Company; and c) except as expressly permitted in writing by the Company, may not be disseminated, disclosed to others. During your use of the Service, and in the event of the termination of your access, whether voluntary or involuntary, you agree not to use, disclose, transfer or exploit the Confidential Information at any time and in any manner whatsoever for a period of five (5) years, except to the extent that the Company has disclosed information to User that constitutes a trade secret under law, the User shall protect that trade secret for as long as the information qualifies as a trade secret.

Exceptions. The obligations and restrictions in this Section do not apply to that part of the Confidential Information the User demonstrates: a) was or becomes generally publicly available other than as a result of a disclosure by User in violation of this agreement; b) is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed. In such an event, User shall; a) provide the Company with prompt notice of these requests or requirements before making a disclosure so that the Company may seek an appropriate protective order or another appropriate remedy; b) provide reasonable assistance to the Company in obtaining a protective order.

User hereby acknowledges and agrees that the Company’s remedy at law for any breach of any of User’s obligations under this section would be inadequate, and User agrees and consents that temporary and permanent injunctive relief may be granted in any proceeding which may be brought to enforce any provision of this section, without the necessity of proof of actual damages, it being acknowledged by User that any such breach would cause irreparable injury to the Company.

Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your right to use the Service (including your Account) at any time for any reason, or no reason, in our sole discretion, including for any use of the Service in violation of these Terms.

Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our database(s).

The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. You may terminate your use of the Company Service at any time.

You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents, and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys’ fees), resulting from or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any User Content that you submit to, post on or transmit through the Service, your breach of this Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users, including but not limited to: (i) Your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms of Use; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

You expressly understand and agree that:

Your use of the Service is at your sole risk. The Service and the associated materials and content are provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; or (iii) any errors in the Service will be corrected.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The products, information, and services offered on and through the Service would not be provided to you without such limitations.

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you if any.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to the company via the service, if any, for services provided solely and directly by Company to you, for the three (3) months prior to the date the cause of action occurred.

You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to You.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;

A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

The Terms of Use constitute the entire agreement between the Company and each User of the Service with respect to the subject matter of these Terms of Use.

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

You agree that all notices or other communications regarding your Account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.

The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Use and their rights and obligations without your consent.

We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or epidemic or pandemic.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever.

No action arising out of these Terms of Use or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

If you have any comments or questions regarding these Terms of Use or wish to report any violation of these Terms of Use, you may contact us at [email protected]

6464 Sunset Blvd. Suite 1100, Los Angeles, CA 90028