Terms of Use for Suko Acai LLC and Suko Cafe LLC

Last Updated: March 12, 2025
Effective Date: March 12, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“User”) AND SUKO ACAI LLC AND SUKO CAFE LLC (“we,” “us,” or “our”). BY ACCESSING OR USING OUR WEBSITE (https://sukoacai.com), OUR ONLINE SERVICES, OR OUR PHYSICAL LOCATION (SUKO CAFE LLC, 134 Park St, Unit 3, MA 01864), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR VISIT OUR LOCATION.

1. Purpose
Suko Acai LLC is a Massachusetts-based distribution company specializing in premium Açai products and related goods. In addition, Suko Cafe LLC operates as our physical shop located at SUKO CAFE LLC, 134 Park St, Unit 3, MA 01864. These Terms govern your access to and use of our online platforms and physical services.

2. Eligibility
By using our Services, you represent and warrant that:

(a) You have read, understood, and agree to be bound by these Terms and any future modifications;
(b) You are at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater);
(c) You have the legal capacity to enter into this agreement; and
(d) You will comply with all applicable local, state, national, and international laws while using our Services.

3. Access and Account
3.1 License to Use
Subject to your full compliance with these Terms, we grant you a limited, revocable, non-transferable, non-exclusive license to access and use our online Services solely for your personal, non-commercial use.

3.2 Account Security
If you register for an account on our website, you agree to keep your password confidential and to notify us immediately of any unauthorized use or security breach. We are not responsible for any loss resulting from your failure to secure your account.

3.3 Prohibited Uses
You agree not to: Use our Services for any unlawful or fraudulent purpose.
Engage in any activity that could damage, disable, overburden, or impair our systems.
Attempt to gain unauthorized access to any portion of our Services.
Exploit any part of our Services for commercial gain without our express written consent.

4. Acceptable Use Policy
When using our Services, you agree to: Use the Services only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use of the Services by any third party.
Refrain from posting, transmitting, or otherwise making available any content that is defamatory, abusive, or otherwise objectionable.
Not use automated systems or software to extract data or otherwise interact with our Services in any unauthorized manner.
Ensure that all information you provide is accurate and up-to-date.

5. Content and Intellectual Property
5.1 Content on Our Services
We strive to provide accurate and up-to-date information on our Services. However, we make no warranties regarding the accuracy, completeness, or reliability of any content provided.

5.2 User Submissions
By submitting any content (e.g., reviews, comments, feedback) to our Services, you represent that you have the necessary rights to do so and grant us a perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, and display such content in connection with our Services.

5.3 Intellectual Property Rights
All content and materials on our website—including text, graphics, logos, images, and software—are the property of Suko Acai LLC, Suko Cafe LLC, or our licensors. No rights to use our trademarks or other intellectual property are granted unless expressly authorized by us in writing.

6. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. By using our Services, you consent to our collection, use, and disclosure of your information as described therein.

7. Third-Party Links and Content
Our Services may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from such third parties. Your interactions with any third parties are solely between you and those third parties, and you agree that we shall have no liability arising from your use of or reliance on any such content, products, or services.

8. Indemnification
You agree to indemnify and hold harmless Suko Acai LLC, Suko Cafe LLC, and their respective officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability
IN NO EVENT SHALL SUKO ACAI LLC OR SUKO CAFE LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Dispute Resolution and Arbitration
11.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or our business relationship shall be resolved exclusively by binding arbitration, rather than in court, except that you may pursue claims in small claims court if eligible. By agreeing to arbitrate, you waive your right to participate in any class, collective, or representative action.

11.2 Arbitration Process
Arbitration will be conducted in accordance with the rules of a recognized arbitration provider (such as JAMS or the American Arbitration Association) in the state of Massachusetts. You agree to submit any claims individually, not as part of a class or consolidated action. The arbitrator’s decision shall be final and binding.

11.3 Opt-Out Procedure
If you prefer not to resolve disputes through arbitration, you may opt out by sending a written notice to:
SUKO CAFE LLC, 134 Park St, Unit 3, MA 01864
Your opt-out request must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. You must submit your opt-out notice within thirty (30) days of first accepting these Terms. Opting out of arbitration will not affect any other terms of this Agreement.

11.4 Survival
The provisions of this Dispute Resolution and Arbitration section shall survive termination of these Terms.

12. Exclusive Venue
If any disputes are not subject to arbitration, you and we agree that any litigation arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the jurisdiction of such courts.

13. Termination
We reserve the right to modify, suspend, or terminate your access to our Services, in whole or in part, at any time, with or without notice, for any reason, including violation of these Terms. Termination will not affect any rights or liabilities accrued prior to termination.

14. General Provisions
14.1 No Joint Venture or Partnership
Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us.

14.2 Choice of Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.4 Electronic Communications
By using our Services, you consent to receive electronic communications from us, which may include notices about your account and these Terms. Such communications have the same legal effect as if they were in writing.

14.5 Entire Agreement
These Terms constitute the entire agreement between you and Suko Acai LLC and Suko Cafe LLC regarding your use of our Services and supersede any prior agreements or understandings.

15. Contact Information
For any questions, concerns, or legal notices regarding these Terms of Use, please contact us at:

Suko Acai LLC Legal Department
SUKO CAFE LLC, 134 Park St, Unit 3, MA 01864
Website: https://sukoacai.com
Email: legal@sukoacai.com

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.