Welcome to the Shuggr application (“Shuggr App”). The Shuggr App is provided by Shuggr Ltd. (“Shuggr") which provides a range of applications and services, web site and applications and services for third-party applications and services (collectively, “Shuggr Services”). By using Shuggr Services, you agree to the following terms and conditions, policies and guidelines (collectively the “Agreement”) and you acknowledge that you have read, understood and bound to the Agreement including any future modifications to it without limitation. You can obtain a copy of this Agreement by mailing us at hello@shuggr.com.
Effective Date, January 25, 2025.
You affirm and warrant that you are currently over the age of eighteen (18) years or twenty-one (21) years in places where eighteen (18) years is not the legal age of majority. You furthermore affirm and warrant that you are eligible to view and otherwise use the Shuggr Services. You furthermore affirm and warrant that you have reached adult status according to local laws at your place and that you are capable of lawfully entering into and performing all the obligations set forth in this Agreement.
You understand and agree to the terms of the privacy policy. The privacy policy contains information about the collection, usage and disclosure for your personal information that you provide to access and use the Shuggr Services and information that you transmit using the Shuggr Services to other users of the Shuggr Services. The information is including but not limited to your real-time location, your personal information and messages, images and locations and other information you transmit during interaction with other users of the Shuggr Services.
Shuggr reserves the right to change, modify, add or remove portions of this Agreement of any policies or guidelines at any time with or without notice. By using the Shuggr Services after the posting of any modifications or changes you accept and bind to such modifications and changes. Shuggr shall not be liable to you or any third party for any modifications or changes. Additional conditions and terms of use may apply to applications, services or products offered or provided by third parties such as advertisers or business partners through the Shuggr Services.
The Shuggr Services, products, services, content, visual interfaces, graphics, design, information, software source code, including but not limited to, the Shuggr App and all other products and services provided as part of the Shuggr Services (collectively, the “Materials”) are owned and protected by copyrights, trademarks, service marks, patents, intellectual property rights and other proprietary rights and laws. All Materials of the Shuggr Services are owned by Shuggr or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names displayed on the Shuggr Services are proprietary to Shuggr or its affiliates and/or third party licensors. You agree not to modify, sell, license, distribute, copy, publicly perform or display, transmit, publish or create derivative works based on the Materials in whole or in part, except explicitly granted the right to do so in a written statement by Shuggr.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED CONDUCT AND USES:
WE MAINTAIN A ZERO-TOLERANCE POLICY TOWARD CHILD SEXUAL ABUSE AND EXPLOITATION (CSAE) ON OUR PLATFORM. You are strictly prohibited from creating, sharing, storing, or soliciting content that involves the sexual abuse or exploitation of children in any form. This includes but is not limited to images, videos, text, or links to such material. Any violation of this policy will result in immediate account termination, and we will report such content and its associated users to the appropriate authorities as required by law. We are committed to working proactively to ensure the safety and well-being of children, including partnering with law enforcement and child protection organizations to address any such violations.
(a) SHUGGR RESERVES THE RIGHT TO MONITOR THE SHUGGR SERVICES AND IT'S SYSTEMS OF YOUR SIGN-UP, INVITE-A-FRIEND ATTEMPTS, YOUR USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS OF THE SHUGGR SERVICES.
(b) SHUGGR RESERVES THE RIGHT TO MONITOR ANY OF YOUR INFORMATION PUBLISHED ON THE SHUGGR SERVICES AND/OR TRANSMITTED TO OTHER USERS OF THE SHUGGR SERVICES.
(c) SHUGGR RESERVES THE RIGHT TO DISABLE YOUR USE OF OR ACCESS TO THE SHUGGR SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OF THE SHUGGR SERVICES, FOR ANY REASON OR NO REASON AND WITH OR WITHOUT ANY NOTICE.
a) The Shuggr Services allow the submission of content and materials (such as locations, pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users of the Shuggr Services ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm that:
To use the Shuggr Services you require a device that is compatible with the Shuggr Services. Shuggr does not warrant that the Shuggr Services will be compatible with your mobile device.
(a) Shuggr hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled computer code copy of the Shuggr Services as follows: You may use the Shuggr Services for one Shuggr Services subscription account on multiple devices owned or leased solely by you, for your personal use.
(b) YOU MAY NOT:
(c) You acknowledge that Shuggr may from time to time issue upgraded versions of the Shuggr Services, and may automatically electronically upgrade the version of the Shuggr Services that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
(d) With respect to any open source or third-party code that may be incorporated in the Shuggr Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
(e) The foregoing license grant under this Agreement is not a sale of the Shuggr Services or any copy thereof and Shuggr or its third party partners or suppliers retain all right, title, and interest in the Shuggr Services and any copy thereof. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Shuggr reserves all rights not expressly granted under this Agreement.
(f) The Shuggr Services may consist of and display trademarks, service marks or otherwise protected content, owned by Shuggr. No use of such protected content shall be permitted except through the prior written authorization and permission of Shuggr. All rights reserved.
(b) The Shuggr Services may be subject to the import and export laws various countries. You agree to comply with all such local and foreign laws related to use of the Shuggr Services.
(a) The Shuggr Services may include links to other web sites or services solely as a convenience to users of the Shuggr Services. Shuggr does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Shuggr makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
(b) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Shuggr Services are solely between you and such advertiser. You agree that Shuggr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Shuggr Services.
(c) Parties other than Shuggr may provide services or sell products via the Shuggr Services. Shuggr is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or the content of their product and service offerings. Shuggr does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
You agree that Shuggr may terminate any account or subscription or any part thereof you have with the Shuggr Services or use of the Shuggr Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Shuggr Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Shuggr will not be liable to you or any third-party for any such termination. Shuggr does not permit copyright infringing activities on the Shuggr Services, and reserves the right to terminate access to the Shuggr Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Shuggr Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Shuggr may have at law or in equity.
(a) THE SHUGGR SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SHUGGR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SHUGGR, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
(b) SHUGGR AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SHUGGR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHUGGR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) SHUGGR, AND ITS SUPPLIERS AND PARTNERS, INCLUDING WITHOUT LIMITATION SHUGGR'S THIRD-PARTY WIRELESS CARRIER PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE SHUGGR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT SHUGGR OR ITS SUPPLIERS OR PARTNERS, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SHUGGR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SHUGGR SERVICES AT YOUR OWN DISCRETION AND RISK.
You agree to indemnify and hold Shuggr, its affiliated companies, officers, directors, employees, suppliers, agents, and partners harmless from and against any claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, arising out of or related to
(a) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL SHUGGR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM:
(b) IN NO CIRCUMSTANCES SHALL SHUGGR OR ITS AFFILIATES, CONTRACTORS', EMPLOYEES', AGENTS', DIRECTORS', SUPPLIERS', OR THIRD-PARTY PARTNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SHUGGR SERVICES, WHETHER IN CONTRACT, TORT INCLUDING WITHOUT LIMITATION NEGLIGENCE, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SHUGGR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR TEN (10) EUROS, WHICHEVER IS GREATER.
(c) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN SHUGGR AND RECEIVED THROUGH OR ADVERTISED ON THE SHUGGR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SHUGGR SERVICES.
(d) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT SHUGGR'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Shuggr Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to any conflicts of laws principles. Both you and Shuggr shall submit to the exclusive jurisdiction of the courts of the United Kingdom.
(b) Any dispute or claim between you and Shuggr regarding the Shuggr Services must be settled by arbitration utilizing the dispute resolution procedures of the United Kingdom.
(a) If any provision or any part of a provision of this Agreement shall be invalid or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(b) A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
(c) Shuggr may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Shuggr Services.
(d) This Agreement and related policies and guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Shuggr without restriction.
(e) Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Shuggr Services.
(f) The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between the parties with respect to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Shuggr.
(g) The following additional terms and conditions apply to you if you are using or have obtained or downloaded the Shuggr App or any part of the Shuggr Services through a third party software distribution platform (“App Store”) and not directly through a distribution channel that is owned and fully controlled by Shuggr. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of such App Store, the more restrictive or conflicting terms and conditions apply, but solely with respect to the specific applications obtained or downloaded through such App Store.
(h) You acknowledge that this Agreement is concluded between Shuggr and you only, and not with the owner or any business partner of an App Store.
(i) YOU AND SHUGGR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHUGGR SERVICES MUST COMMENCE WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(j) The services hereunder are offered by Shuggr Ltd., 7 Bell Yard, London, WC2A 2JR, United Kingdom; general inquiries at, hello@shuggr.com.
(k) The official and legally binding version of these Terms of Service is in English, except in jurisdictions where providing a local language version is required by law. For all other jurisdictions, translations of this document are provided solely for convenience and informational purposes. In the event of any conflict between the English version and a convenience translation, the English version shall prevail.