Terms of Service
Terms of Service
Updated: February 21, 2022
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 SendFox tool and software.
The term “SendFox” shall mean the SendFox branded online software platform developed by the Company that (i) facilitates email marketing and email opt-ins, and (ii) provides other analytic reporting. This includes the SendFox 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.
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.
Upon creating your account and uploading contacts and subscribers that an account holder plans to email, we assume the account holder has received clear and direct permission from these email contacts and subscribers to send email marketing messages. We are not liable if an account holder uses the Website to send email messages to contacts or subscribers they have not received permission.
Abuse of Platform
We do not allow any abuse of our platform. We may, at any time, measure the results of all emails sent using our Service and, if an email performs below what we deem is acceptable on our platform, terminate or suspend access to our Service immediately with no refund. This is meant to prevent affiliate marketers, spammers, bots, and other types of poor senders from abusing our platform and affecting email deliverability for other account holders on our Service.
By use of the Service, you also agree to deliverability optimization of emails which may include reducing send volume from an account holder in order to comply with what we deem best sending practices on our Service.
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.
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.
Cancellation & Refund
Requests for cancellation of the service can be handled by the customer in two ways. The first option for Empire or monthly customers is to cancel their Empire or monthly plan directly from their account settings page while logged into their account. The second option for monthly, Empire, and Lifetime customers is to contact our Support team by emailing at email@example.com. Upon request of cancellation, we may request the customer reasoning for cancellation. This is optional. For the Company, this information may be used to improve the tool in the future and aggregate feedback. Upon receipt of a cancellation, the cancellation will be processed within 3-7 business days.
Refunds are only provided within 7 days of signup and first billing for lifetime customers and within 3 days of signup and first billing for Empire Add-On customers. Refunds will be processed within 3-7 business days. Depending on the customer's bank, it may take 1-10 business days for the bank to credit the refund. If the Company suspects Abuse of Platform, the Company waives the customer right to a refund.
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.
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 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.
Subscription, Billing and Cancellation
Free Plan. The Free Plan may be discontinued at any time effective immediately. If the Free Plan is discontinued, you will have the option of upgrading your account by paying for the Service or you can have your account and data deleted. We may also place limits on the Free Plan at any time. When notable limits are added to the Free Plan, we will alert customers of the Free Plan via email. The types of limits placed on the Free Plan may be restrictions on the amount of subscribers, emails sent per day, emails sent per month, and other usage and sending restrictions. If a customer does not want to keep using the Free Plan, they can email our support to permanently delete their data. If we identify abuse of the platform from your account under the Free Plan, we also reserve the right to terminate your account immediately with no warning.
Recurring Billing. By starting your SendFox subscription and providing or designating a Payment Method, you authorize us to charge you a monthly 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 SendFox 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. Money Back Guarantee Refunds will be provided up to 7 days after the original purchase of a monthly subscription if SendFox does not meet expectations. Cancellation is immediate, and may result in complete loss of the system (including your subscribers, data, and forms). Before you request cancellation, we recommend you back up any information from the SendFox tool you may need. 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 in your SendFox Account Settings. 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 SendFox membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, email the SendFox support team at firstname.lastname@example.org.
Overage charges and contact auto-upgrades. When a customer approaches the existing limits of their Service, they may be automatically upgraded to a new Service level that matches their increase in usage. This is most common when a user passes their contact limit on their current Service plan. In this situation, the user will be auto-upgraded to the new contact limit for the increased Service usage. The contact count includes all contacts both subscribed and unsubscribed. To avoid overage charges, it is the user's responsibility to keep track of their current contact count in the "Contacts" page and ensure that the Contacts limit does not surpass their current Service plan level.
Governing Law and Venue
Limitation on Time to File Claims
Waiver and Severability
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. 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.
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.
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.
If you have any questions about these Terms, please contact us.
Sumo Group Inc. (d/b/a "AppSumo","SumoMe","Sumo.com")
1305 E. 6th St #3
Austin, TX 78702
Customer Service Inquiries | email@example.com