Terms of Service
Updated: April 12th, 2024
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), kingsumo.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.
Please read the Terms of Use carefully before you start to use the Services. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at https://help.sumome.com/hc/en-us/articles/218958727-Privacy-Policy (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
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. This includes the KingSumo tool and software.
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.
KingSumo’s goal is to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When we do so in response to a proper notice, we attempt to contact the affected user of our Services to provide information about the notice and our response, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Additionally, KingSumo may provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected user of our Services.
If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially all the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the written notice is accurate; (vi) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vii) adequate information through which we can contact you.
KingSumo is part of the AppSumo family. AppSumo’s designated copyright agent to receive DMCA Notices is:
Ilona Abramova
1305 E 6th street unit 3
Austin, TX 78702
ilona@appsumo.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
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.
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.
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 or credit 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.
We are not responsible for any third parties (i.e. companies that are not part of Sumo Group Inc.) who use the KingSumo giveaway platform, tool, or service and do not deliver your giveaway prize. When a third-party person or company runs a giveaway, any disagreements are strictly between you and the person or company giving away the prize.
Additionally, for any giveaways run by Sumo Group Inc., including KingSumo (i.e. “offered by” KingSumo), we may void the prize if you don’t respond to emails in the required timeframe, live in an area where we’re unwilling or unable to ship the prize, or as otherwise deemed necessary by Sumo Group Inc.
Unless otherwise noted, the default location for KingSumo prizes is the United States of America (U.S. or U.S.A.). Unless otherwise noted, we are unwilling to ship prizes outside the continental U.S.
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. THE COMPANY 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 THE SERVICES 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.
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.
Ongoing Subscription. Your KingSumo subscription 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 KingSumo subscription services. We will bill the monthly or annual 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.
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 KingSumo by verifying your invoice upon purchase.
Recurring Billing. By starting your KingSumo 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.
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.
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 KingSumo 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. 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.
30-day Money Back Guarantee Refunds will be provided up to 30 days after the original purchase if KingSumo does not meet expectations. 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.
Payment Methods. You may edit your Payment Method by emailing the KingSumo support address located on the site. 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.
Cancellation. You may cancel your KingSumo 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, email the KingSumo support team via the email located on our site.
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.
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.
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.
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.
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. Clients using Shopify will be subject to Shopify’s refund policies and will be reimbursed with Shopify store credit.
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.
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.
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.
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.
The Data Processing Agreement for GDPR compliance can be found here.
KingSumo complies with data deletion requests. To submit a data deletion request for your account, go here. If you entered a giveaway (i.e. you’re a “contestant”), it is your responsibility to contact the owner of the giveaway to delete your data if they saved it externally.
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 | support@kingsumo.com