Terms of Service.

1. Acceptance

By accessing or using the marketing site at thesweetnote.com (the “Site”), including any subdomain operated by The Sweet Note, Inc., a Delaware corporation (“SweetNote”, “we”, “us”), you (“you”, the “Visitor”) agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Site.

These Terms govern your use of the publicly accessible portions of the Site. They do not create an MSA, an order form, a statement of work, or any obligation by SweetNote to provide paid services. Paid services are only provided under an executed MSA.

2. What these Terms cover · what they don’t

These Terms cover:

• Browsing public pages of the Site (the homepage, the Methods page, the Pricing page, the Research page, the About page, the FAQ, the Trust center, the legal directory, and any other page reachable without authentication)
• Using the public Study Calculator and any other interactive demonstration tools we publish
• Viewing the reveal-page demonstration URLs (the example links surfaced on the How-it-works page)
• Submitting information through any public contact, demo-request, or founding-partner application form

These Terms do NOT cover:

• Running a study under an executed MSA, uploading a recipient list for one, or otherwise using the SweetNote platform under an MSA — the MSA and DPA govern that relationship
• Recipient experience on a real reveal page (a recipient scanning a QR code received from a brand customer) — the Privacy Notice and the brand customer’s own terms govern that interaction
• Use of any SweetNote API endpoint or other programmatic interface — the MSA governs API use

3. Eligibility

The Site is intended for users who are at least 13 years of age. By using the Site, you represent that you are 13 or older. If you are using the Site on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. This 13-year threshold governs browsing the marketing Site only; recipients of a brand’s SweetNote moment must be adults (18 or older) under the MSA and DPA.

The Site is intended primarily for business users (marketers, customer-experience leaders, philanthropy professionals, and the people who evaluate B2B platforms on behalf of brands). It is not directed at children, and we do not knowingly collect information from children under 13 through the Site.

4. Acceptable use

You may use the Site only for lawful purposes and in a manner consistent with these Terms and with the platform-wide Acceptable Use Policy, which is incorporated into these Terms by reference and binds you whether or not you are a signed brand customer. The list below summarizes the Site-specific conduct rules that are most relevant to unauthenticated browsing; the full set of platform-wide rules (including security-probing rules, engagement-instrument-integrity rules, intellectual-property-respect rules, and the responsible-disclosure safe harbor for security researchers) lives in the Acceptable Use Policy. You agree that you will not:

• Scrape, harvest, or crawl the Site or any portion of it using automated means (bots, spiders, scrapers, headless browsers) beyond what a standard web browser does when an individual visitor loads a single page — except that compliant crawlers from major search engines (Google, Bing, DuckDuckGo, similar) are permitted as long as they honor robots.txt and standard rate limits
• Reverse-engineer, decompile, or disassemble the Site, the Study Calculator, or any other interactive tool we publish, except to the extent expressly permitted by applicable law that cannot be waived
• Probe, scan, or test the vulnerability of the Site without prior written authorization from SweetNote (responsible disclosure for security researchers is welcomed under the policy described at /security)
• Use the Site to transmit any virus, worm, ransomware, or other malicious code
• Submit false, misleading, or fraudulent information through any form on the Site, including impersonating another person or organization
• Use the Site to violate any applicable law or regulation, or to infringe any third party’s intellectual-property, privacy, or other rights
• Frame, mirror, or republish substantial portions of the Site without prior written permission
• Use the publicly displayed Study Calculator output to represent that you have an MSA with SweetNote, that you are an authorized reseller of SweetNote services, or that any specific pricing has been negotiated — the calculator outputs the published list price; the only price that is binding between you and SweetNote is the price stated in an executed Order Form under the MSA

Reasonable use of the Site for personal evaluation purposes — reading pages, using the calculator, viewing demo URLs, watching short videos, downloading published PDFs, taking screenshots for internal evaluation — is expressly permitted and welcomed.

5. SweetNote intellectual property

The Site, including its text, graphics, layout, design, code, the “SweetNote” and “The Sweet Note” word marks, the SweetNote logomark, the methodology names (“Snapshot”, “Cohort”, “A/B”, “Gift A/B”, “Gift Lift”, “Behavioral Brand Moment Research™”, “BBMR™”), and the published methodology specifications, is owned by The Sweet Note, Inc. or its licensors. All rights are reserved except those expressly granted in these Terms.

Limited use grant. SweetNote grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for the purpose of evaluating SweetNote’s products and services, and for purposes of internal business research within your organization. This grant does not include any right to:

• Use SweetNote’s name, logo, methodology names, or other marks in your own marketing, sales, or product materials without our prior written permission (founding-partner brands receive a logo-use grant of their own under the MSA — that is a separate, executed permission, not granted under these Terms)
• Republish, redistribute, or relicense the methodology specifications, the calculator output, or any other Site content as part of a commercial product or service
• Train an AI model on the Site’s content (this is an express reservation of rights for purposes of any applicable text-and-data-mining exception under EU law and any analogous law)

Patent notice. SweetNote has one or more U.S. provisional patent applications on file directed to its measurement-instrument architecture. SweetNote does not publish the contents, claim language, or scope of any of them. Beyond that general characterization, no description of the SweetNote platform, methodology, or architecture — on the Site, in any SweetNote document, or in any statement by SweetNote personnel — identifies, limits, or defines what those applications cover, and none should be relied on as doing so. Nothing on the Site grants you a patent license, express or implied. SweetNote reserves all rights in those applications, in any application claiming priority to them, and in any patent that issues from any of them, and no failure or delay by SweetNote in exercising any such right operates as a waiver of it.

6. Information you submit

If you submit information to us through the Site — including contact-form messages, demo requests, founding-partner applications, and calculator inputs — we treat that information consistent with our Privacy Notice. You represent that any information you submit is accurate and that you have the right to submit it.

Submitting information through a public Site form does not by itself create an MSA, a non-disclosure obligation, or any obligation on SweetNote to keep your information confidential beyond what the Privacy Notice describes. If you intend to share confidential business information (proprietary recipient-list details, unannounced campaigns, internal strategy), execute a mutual NDA with us before doing so — ask in your first message and we will send one.

7. The Study Calculator and other demonstration tools

The Site publishes free interactive tools, including the Study Calculator on /pricing and any reveal-page demonstration URLs on /how-it-works. These tools are provided for evaluation purposes only.

• Calculator output is the published list price, not a binding quote. The price you see in the calculator is the published list price at the corresponding study size under the published per-study formula, the same for every brand. It is not a negotiated quote, not an offer, and not capable of being accepted to form a binding contract. Binding pricing only exists in an executed Order Form under the MSA.
• Sample reveal URLs are demonstrations, not live campaigns. The demo URLs on the How-it-works page render the canonical reveal skeleton with example inputs. They do not represent a real recipient interaction and do not generate real engagement events tied to a brand customer.
• Methodology specifications are descriptive, not contractual. The Methods page and the Research page describe the published methodologies (Snapshot, Cohort, A/B, Gift A/B, Gift Lift) and the Behavioral Brand Moment Research™ framework. These descriptions are provided for evaluation; the methodology terms that apply to a paid study are set in the SOW for that study.

8. The founding-partner program

Pages on the Site may describe the Founding-Partner program, a structured program available to the first ten (10) paying brand customers who accept the Founding-Partner participation terms (logo-use grant, published case study, reference availability, and named-citation grant in the BBMR™ methodology working paper). Submission of an application or contact form does not by itself enroll you in the program. Enrollment requires execution of an MSA and acceptance of the Founding-Partner participation terms in MSA §7. The program involves no discount: Founding Partners pay the published price on the same formula as every other Customer, and the consideration they receive is the MSA §4 precision commitment, the named citation, and founder access. Any description of the program on the Site is descriptive of the program design; the binding terms are those stated in the executed MSA and Order Form.

9. Account holders · precedence

If you have an account on the brand-facing portal at /clients/ (a “brand customer account”), you agree to these Terms when you sign up (or at the terms step after signing in), and they govern your account until an MSA is in force between SweetNote and your organization. Once you accept the MSA and DPA at checkout, the MSA governs the relationship it covers and controls over these Terms for any conflict. We record each acceptance (your account, the email on it, the Terms version and the time) as described in the Privacy Notice, Section 1.1.

These Terms continue to apply to your use of the unauthenticated portions of the Site (the marketing pages, the calculator, the demo URLs) even after you have signed an MSA.

10. Third-party links and content

The Site contains links to third-party websites (academic publications, research methodology references, partner integrations, professional associations). Those links are provided for convenience. SweetNote does not control, endorse, or assume responsibility for the content of those third-party sites, and accessing them is at your own risk.

11. Changes to the Site or these Terms

SweetNote may modify, suspend, or discontinue any part of the Site at any time, including the calculator, the demo URLs, and any specific page or document. We will give reasonable notice of significant changes that affect existing brand-customer relationships (such notice is governed by the MSA), but no notice is required for changes to the marketing surfaces.

SweetNote may modify these Terms from time to time. The current version is always posted at thesweetnote.com/legal/terms.html with an effective date at the top. Material changes will be reflected in an updated effective date. Continued use of the Site after a change becomes effective constitutes acceptance of the change. If you have a portal account, continued use is not enough: we will ask you to agree to the new version the next time you open the portal, and we keep a record of each version you agreed to. If you do not accept a change, your remedy is to stop using the Site.

12. Disclaimer of warranties

The Site, the Study Calculator, the demo URLs, and all other content provided on the unauthenticated portions of the Site are provided “as is” and “as available”, without warranty of any kind, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, timeliness, or uninterrupted availability. The methodology descriptions, the sample math, the calculator outputs, and the academic references on the Site are provided for evaluation; they are not professional research-design advice, legal advice, or fiduciary advice, and you should not rely on them as such for a specific business decision without engaging SweetNote (or other qualified counsel) to apply them to your facts.

Warranties applicable to paid services delivered under the MSA — including the platform availability commitment in MSA Exhibit A — are stated in the MSA, not here, and are not modified or extended by these Terms.

13. Limitation of liability

To the fullest extent permitted by applicable law, SweetNote’s aggregate liability arising out of or relating to your use of the unauthenticated portions of the Site shall not exceed one hundred U.S. dollars (US$100). SweetNote shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, arising out of or relating to your use of the Site, even if SweetNote has been advised of the possibility of such damages.

This limitation does not apply to liability that cannot be limited under applicable law (including, in jurisdictions where applicable, liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by negligence). For the avoidance of doubt, this limitation is independent of, and does not modify, the liability caps stated in the MSA, which apply to paid services delivered under the MSA.

14. Your indemnification

You agree to defend, indemnify, and hold harmless SweetNote and its officers, directors, employees, and agents from and against any third-party claim arising out of (a) your breach of these Terms, (b) your violation of applicable law in connection with your use of the Site, or (c) your infringement of any third party’s intellectual-property or privacy right through your use of the Site. SweetNote will give you prompt notice of any such claim and reasonable cooperation in the defense.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state and federal courts located in Wilmington, Delaware, and each party consents to the personal jurisdiction of those courts.

This governing-law clause applies only to disputes between you and SweetNote arising under these Terms. Disputes arising under the MSA are governed by the MSA’s own governing-law clause, which may differ.

16. General

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

No waiver. SweetNote’s failure to enforce any provision is not a waiver of that provision or any other.

No assignment. You may not assign these Terms or any rights under them without SweetNote’s prior written consent. SweetNote may assign these Terms in connection with a merger, acquisition, sale of substantially all assets, or by operation of law.

Entire agreement (unauthenticated use). These Terms, together with the Privacy Notice and Cookie Policy, constitute the entire agreement between you and SweetNote with respect to your use of the unauthenticated portions of the Site, and supersede any prior or contemporaneous understanding on that subject. With respect to paid services and authenticated brand-customer-account use, the MSA is the entire agreement.

17. Contact

Questions about these Terms — and any legal notice to SweetNote under them — should be sent to legal@thesweetnote.com, which is SweetNote’s designated notice channel. A notice is effective when received at that address. (Founder decision 2026-08-31: email is the sole designated channel for notices under these Terms.)