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Terms of Service

Terms of Service

Updated: February 21, 2017

These terms of use are entered into by and between You and Sumo Group Inc., a Delaware corporation ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use" or “Terms”), govern your access to and use of Sumo (ad defined below), sumo.com (the “Website”), and any content, functionality and services offered on or through the Website (collectively, the “Service” or “Services”), whether as a guest or a registered user.


Definitions

The term “Property” shall mean any web page, app, or other property under Your control that sends data to the Services.

The term “Sumo” shall mean the Sumo branded online software platform developed by the Company that (i) tracks visitor behavior on certain Properties, (ii) increases social sharing of content on certain Properties, (iii) facilitates email marketing and email opt-ins, and (iv) provides other analytic reporting.

The term “Third Party” means any third party (i) to which You provide access to Your Account or (ii) for which You use the Services on the third party's behalf.


Third Parties

If You use the Services on behalf of a Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by the Company to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) the Company may share with the Third Party any data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's data to any other party without the Third Party's consent.


Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Notwithstanding any other terms contained in this section, if We terminate or suspend access to the Services or terminate or suspend your account for any reason other than the breach of these Terms, then your sole remedy shall be a refund for any prepaid amount related to any such suspension or or termination.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THECOMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THE SERVICES, ITS CONTENT, PRODUCTS AND THE SERVERS ON WHICH THE SERVICES, PRODUCTS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e. INFORMATION, PRODUCTS AND/OR CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE COMPANY AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

Liability for our Services

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE SERVICES, IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION FOR THESERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING SUCH CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Imdemnification

To the extent permitted by applicable law, You will indemnify, hold harmless and defend the Company and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against the Company or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by the Company or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of these Terms, (ii) Your use of the Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Services, (iv) any representations and warranties made by You concerning any aspect of the Services to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Services; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Services. The Company will provide You with notice (an email shall suffice) of any claim, suit or action from which You must indemnify the Company. You will cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

The indemnification terms contained in this section shall be construed broadly in favor of the Company.

Subscription, Free Trials, Billing and Cancellation

Subscription

  • Ongoing Subscription. Your Sumo subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Sumo subscription services. We will bill the monthly or annnual subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method. 
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  • Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Sumo by visiting your website and accessing Sumo Store within your Sumo install and clicking on the Billing tab. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. 
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Free Trials

  • Your Sumo subscription may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Sumo reserves the right, in its absolute discretion, to determine your free trial eligibility. 
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  • We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit your website and access Sumo Store within your Sumo install and click on the Billing tab. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. 
  • You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE "BILLING" TAB WITHIN SUMO STORE ON YOUR WEBSITE WHERE SUMO IS INSTALLED TO CANCEL ANY SUBSCRIPTIONS. If you are unable to find them, contact us immediately at https://help.sumome.com/. We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel 
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Billing

  • Recurring Billing. By starting your Sumo subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Sumo subscription service to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, including VIP Code redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges. 
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  • Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you. 
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  • Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Sumo subscription or began paying on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit your website and access Sumo Store within your Sumo install and click on the Billing tab to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month, monthly, yearly, and annually refers to your billing cycle. 
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  • No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. 
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  • Payment Methods. You may edit your Payment Method information by visiting your website and accessing Sumo Store within your Sumo install and clicking on the Payments tab. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. 
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  • Cancellation. You may cancel your Sumo membership at any time, and you will continue to have access to the Sumo subscription service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit your website and access Sumo Store within your Sumo install and click on the Billing tab. Find your Subscription and Click on "Cancel Subscription". If you cancel your subscription, your subscription will automatically cancel at the end of your current billing period. To see when your account will close, visit your website and access Sumo Store within your Sumo install and click on the Billing tab. 

Sumo Buy App

Sumo's Buy App uses Stripe Connect and the terms for stripe connect can be found at: https://stripe.com/connect/account-terms 


Governing Law and Venue

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas of the United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Austin and County of Travis although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country, state or province (as applicable) of residence or any other relevant country, country state or provinces (as applicable). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Texas.


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Changes to Services and Terms

The Company reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part. In the event the Company anticipates that any such action will significantly affect your use of the Services in a negative way, the Company will endeavor to provide you with advance notice by email, an in-client message or by posting relevant information on the Website. If the Company suspends or discontinues the Services, Your sole remedy shall be a refund for any prepaid amount related to any such suspension or discontinuation.

The Company reserves the right to modify these Terms at any time, and each such modification will be effective fourteen (14) days after posting to the Website. All modifications will apply prospectively only. Your continued use of any of the Services following any such modification constitutes Your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Website. If you do not agree to be bound by these Terms, you must stop using the Services immediately. No amendment to or modification of these Terms will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) You accept updated terms online, or (iii) You continue to use the Services after the Company has posted updates to these Terms and fourteen (14) days have passed since such posting of updated terms.


U.S. Government Rights

If the use of the Services is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Services, including its rights to use, modify, reproduce, release, perform, display or disclose the Services, will be subject in all respects to the commercial license rights and restrictions provided in these Terms.


Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.


Miscellaneous

You may not assign or otherwise transfer any of Your rights in these Terms without the Company’s prior written consent, and any such attempt is void. The relationship between the Company and You is not one of a legal partnership relationship, but is one of independent contractors. These Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.


Contact Us

If you have any questions about these Terms, please contact us. 

Corporate Address 
Sumo Group Inc. (d/b/a "AppSumo","SumoMe","Sumo.com")
1305 E. 6th St #3 
Austin, TX 78702 

For Customers
  Customer Service Inquiries | help@sumo.com

 

 

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