TERMS OF SERVICE 

  Sweet Candy Company, Inc.   •   Effective May 15, 2026 

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, live chat, and other online products and services (collectively, “Services”) provided by Sweet Candy Company, Inc. and its affiliates (“Sweet Candy Company,” “Sweet’s,” “we,” “our,” or “us”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

Our online store is hosted on Shopify Inc., which provides our e-commerce platform.

We may update these Terms from time to time. When we make material changes, we will notify you by email, a notice on our homepage, or other reasonable means. The updated Terms take effect on the date specified in the notice. Your continued use of our Services after that date constitutes acceptance. If you do not agree to updated Terms, you must stop using our Services.

You must be at least 16 years of age to access or use our Services. Users between 16 and 18 (or the age of legal majority in their jurisdiction) may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or guardian of a minor user, you are fully responsible for that user’s conduct in connection with our Services.

If you access or use our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf.

You may need to register for an account to access some or all of our Services. You agree to:

•        Provide accurate, current, and complete account information

•        Promptly update your information if it changes

•        Maintain the security of your account credentials and not share them with others

•        Notify us immediately at feedback@sweetcandy.com if you suspect unauthorized access to your account

You are responsible for all activity that occurs under your account. Sweet Candy Company reserves the right to suspend or terminate accounts that violate these Terms or for other legitimate business reasons, with or without notice. We will use your account information in accordance with our Privacy Policy at sweetcandy.com/pages/privacy-policy.

By creating a Sweet’s account, you consent to receive electronic communications from us (e.g., by email or notices posted to our Services). These communications may include transactional notices about your account, orders, and security, as well as promotional communications if you have opted in. You agree that electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time as described in Section 5.3.

5.1 Ordering

By placing an order through our Services, you represent that you are authorized to use the payment method provided and that the information you provide is accurate. For questions about orders or help placing an order, call (801) 886-1444 or email feedback@sweetcandy.com.

5.2 Payment, Pricing, and Promotions

We accept the following payment methods for online orders: Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, Shop Pay, PayPal, and Venmo. We do not accept checks, cash, or C.O.D. orders.

All prices are displayed in U.S. dollars and are subject to change. We reserve the right to correct pricing errors and may refuse or cancel orders placed at an incorrect price, even after confirmation. If your payment method has already been charged, we will issue a refund for the difference. Promotions may be modified or discontinued at any time without notice.

5.3 Subscribe and Save — Auto-Renewal Disclosure

Our Subscribe and Save program automatically renews your subscription at the end of each billing cycle. By enrolling, you authorize Sweet Candy Company to charge your payment method on a recurring basis until you cancel.

BEFORE COMPLETING ENROLLMENT, YOU WILL BE SHOWN:

•        The subscription price and billing frequency

•        That your subscription will automatically renew at the disclosed rate

•        How to cancel before the next billing date

•        Any free trial or introductory offer terms, including the price after the trial ends

Cancellation: You may cancel your subscription at any time by logging into your account portal. Cancellation takes effect at the end of your current billing cycle. We cannot cancel an order once it has shipped; cancellation applies to the next billing cycle.

Price Changes: We will notify you by email at least 30 days before any price increase takes effect. Your continued subscription after the notice period constitutes acceptance of the new price.

California Residents: Consistent with California law, if we materially change the terms of a free trial or promotional offer, we will notify you in advance and obtain your affirmative consent before charging.

New York Residents: Consistent with New York law, we will send you a reminder notice between 15 and 30 days before your subscription automatically renews, if the subscription period is longer than one month.

5.4 Pricing and Availability

All prices are in U.S. dollars and exclude applicable taxes and shipping unless stated otherwise. Products are subject to availability. We reserve the right to impose quantity limits, reject orders, or discontinue products without prior notice. Prices are subject to change, but changes will not affect orders already placed.

5.5 Order Cancellations and Refunds

Due to our fast fulfillment process, order modifications are limited after placement. Please contact us within three (3) business days of receiving your order if something is wrong. For items shipped incorrectly, we will provide a replacement or refund, including return shipping costs if the error is ours.

We do not accept general returns on food products. If you experience a quality issue, please contact us via our Feedback Form and our customer service team will work with you on a replacement or refund.

If an order is canceled before shipment — by you or by us — your payment method will not be charged, or a full refund will be issued within 5–10 business days. Once an order ships, it cannot be canceled. We are not responsible for carrier delays or missed event dates once an order is in transit.

California Residents: Notwithstanding any provision above, California consumers retain all rights under California consumer protection law, including the right to a refund for non-conforming goods.

5.6 Taxes

You are responsible for applicable sales, use, value-added, or other governmental taxes (“Taxes”) unless we are required by law to collect them. We currently collect sales tax on orders shipping to Utah at applicable state rates. Estimated Taxes will be shown at checkout; the actual amount may vary. Additional states may be added as our sales tax nexus expands.

5.7 Errors, Inaccuracies, and Omissions

We strive for accuracy but do not warrant that product descriptions, pricing, or other content is error-free. We reserve the right to correct errors and revise or cancel orders accordingly. If we cancel a paid order due to an error, we will issue a full refund.

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at sweetcandy.com/pages/privacy-policy. By using our Services, you agree to our Privacy Policy, which is incorporated into these Terms by reference.

If you are a California or New York resident, your privacy rights are described in detail in our Privacy Policy.

7.1 Your Content

Our Services may allow you to create, post, submit, or share content including messages, text, photos, videos, and other materials (“User Content”). You retain ownership of your User Content. However, by submitting User Content, you grant Sweet Candy Company a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from your User Content solely for the purposes of operating, promoting, and improving our Services.

This license ends when you delete your User Content or your account, except where your content has been shared with others who have not deleted it, or where we are required to retain it for legal reasons.

You represent that: (a) you own or have the necessary rights to the User Content you submit; (b) your User Content does not violate the rights of any third party; and (c) your User Content complies with these Terms.

7.2 Feedback

If you submit suggestions, ideas, or feedback about our products or Services (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use that Feedback without restriction or compensation to you. Feedback is not considered confidential.

7.3 Content Moderation

We may, but are not obligated to, review, edit, or remove User Content at any time and for any reason, including if it violates these Terms. We are not liable for any User Content.

You agree not to:

•        Violate any applicable law, regulation, or third-party right

•        Interfere with or disrupt the Services or servers or networks connected to the Services

•        Use automated means (bots, scrapers, crawlers, spiders) to access the Services without our written consent

•        Attempt to reverse engineer, decompile, or discover source code of the Services

•        Circumvent any security, access control, or content-filtering measures

•        Use the Services to send unsolicited commercial messages (spam)

•        Impersonate any person or entity or misrepresent your affiliation with any person or entity

•        Use the Services for any unlawful or unauthorized purpose

•        Access or use another user’s account without authorization

•        Develop third-party applications that interact with the Services without our prior written consent

You may not post or share User Content that is:

•        Unlawful, defamatory, obscene, pornographic, harassing, threatening, or invasive of privacy

•        Infringing of any patent, trademark, copyright, or other intellectual property right

•        False, misleading, or that impersonates any person or entity

•        Containing viruses, malware, or other harmful code

•        Spam, unsolicited advertising, or political campaigning

•        Including private information of a third party without their consent

9.1 Sweet Candy Company Content

Our Services and all content therein — including text, graphics, images, photographs, videos, illustrations, trademarks, trade names, logos, and slogans (collectively, “Sweet Candy Company Content”) — are owned by or licensed to Sweet Candy Company and protected under U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and Sweet Candy Company Content for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works, or commercially exploit any Sweet Candy Company Content without our prior written permission.

9.2 Hyperlinks

You may create a text hyperlink to our Services for non-commercial purposes, provided the link does not portray Sweet Candy Company or our products in a false, misleading, or defamatory manner. You may not use our logos or other proprietary graphics to link to our Services without our express written permission. We may revoke this permission at any time.

9.3 Copyright Complaints (DMCA)

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Services infringes your copyright, please send a DMCA notice to our Designated Agent:

Your DMCA notice must comply with 17 U.S.C. § 512(c)(3). Knowingly misrepresenting that content is infringing may expose you to liability. We will terminate accounts of repeat infringers.

Our Services may contain links to or integrations with third-party websites, tools, and services. Sweet Candy Company does not control, endorse, or assume responsibility for any third-party content, websites, products, or services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

We are not liable for any harm or damages arising from your reliance on or use of third-party content or services.

We may provide access to third-party tools, including AI-powered features (such as our live chat assistant), as well as integrations with other services. These tools are provided “as is” and “as available” without warranty. We do not monitor or control such third-party tools and are not liable for any harm arising from your use of them.

Automated or AI-generated responses in our live chat are intended to assist, not replace, human judgment. For matters involving significant decisions (such as health, safety, or legal issues), please consult an appropriate professional.

We reserve the right to add, modify, or discontinue optional tools at any time.

Sweet Candy Company does not warrant that: (a) our Services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of our Services will be accurate or reliable; or (c) our Services are free from viruses or other harmful components.

New Jersey Residents: Notwithstanding the above, nothing in these Terms limits our liability for gross negligence, recklessness, or intentional misconduct.

In no event will Sweet Candy Company’s total liability to you for all claims arising from or related to these Terms or our Services exceed the greater of (a) the total amount you paid us in the twelve (12) months preceding the claim or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

California Residents: Nothing in this Section limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under California law.

New York Residents: Nothing in this Section limits liability that cannot be excluded or limited under New York law, including liability for gross negligence or willful misconduct.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sweet Candy Company and its officers, directors, employees, agents, affiliates, and authorized operators from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual property or privacy rights; or (e) your conduct in connection with our Services.

We reserve the right to assume control of the defense of any claim for which you are obligated to indemnify us, at your expense.

To the fullest extent permitted by applicable law, you release Sweet Candy Company and its affiliates from any claims, demands, and damages arising from disputes between you and other users or third parties in connection with our Services.

California Residents: You expressly waive California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Sweet Candy Company is committed to making our Services accessible to all users, including individuals with disabilities, consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable requirements under the Americans with Disabilities Act (ADA) and relevant state laws.

If you experience difficulty accessing any part of our Services, please contact us at feedback@sweetcandy.com or call (801) 886-1444. We will work to provide the content or service in an accessible format or alternative means.

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. For any dispute not subject to arbitration under Section 17, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah.

Notwithstanding the above, nothing in these Terms prevents California or New York residents from exercising rights available to them under the laws of their home state, including consumer protection statutes.

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us at feedback@sweetcandy.com. We reserve the right to suspend or terminate your access to our Services at any time, for any reason, including violation of these Terms. Sections 7, 9, 12–18, and any others that by their nature should survive, will survive termination.

20.1 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

20.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Sweet Candy Company regarding your use of our Services, superseding all prior agreements and understandings.

20.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer any rights under these Terms without our prior written consent. We may assign our rights under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

Sweet Candy Company will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or government actions.

20.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and Sweet Candy Company only and do not confer any rights on any third party.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

California residents may also contact the California Attorney General’s office at oag.ca.gov/consumers for information about consumer rights.

For California Automatic Renewal Law inquiries, contact us at feedback@sweetcandy.com.

New York residents may contact the New York Department of Consumer and Worker Protection at nyc.gov/consumers or the New York Attorney General’s office at ag.ny.gov for information about consumer rights.

If you are a New York resident and you believe we have violated New York’s automatic renewal law (NY Gen. Bus. Law § 527), please contact us at feedback@sweetcandy.com or the New York Attorney General.

If you have questions about these Terms or our Services, please contact us:

Sweet Candy Company, Inc.

3780 West Directors Row

Salt Lake City, UT 84104

Email: feedback@sweetcandy.com

Phone: (801) 886-1444 | Toll Free: (800) 669-8669

Hours: Monday–Thursday 8AM–5PM MST | Friday 8AM–Noon MST