Terms of Service

Kumu Inc. ("Kumu", "we", "our", "us") developed the Kumu.io website ("Website", "Services") to help you solve complex problems by visualizing and tracking key relationships and connections. However, be responsible in what you add to Kumu. In particular, make sure that none of the prohibited items listed below appear on your account or get linked to from your account (things like spam, viruses, or hate content). If you find material on Kumu that you believe violates our terms of service, please contact us.

The following terms and conditions govern all use of the Website and all Services, content and products available at or through the website. The Website is owned and operated by Kumu. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kumu’s Privacy Policy) and procedures that may be published from time to time on this Site by us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Kumu, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Kumu takes the privacy of its users very seriously. Please see our Privacy Policy for specifics. If you are providing us with personal data about EU residents, please see our GDPR Policy to request our Data Processing Addendum.

1. Your Kumu Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the project. You must immediately notify Kumu of any unauthorized uses of your account or any other breaches of security. Kumu will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate an account, comment within an account, post material to an account, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your account is not named in a manner that misleads site users into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Kumu or otherwise.
3. Copyright and Content Ownership. We claim no intellectual property rights over the material you provide to Kumu. Your projects, profile and other materials uploaded remain yours. However, by sharing a map publicly, you agree to allow others to view your Content. By granting others access to your project or by setting your projects to be viewed publicly, you agree to allow others to view, download and duplicate ("fork") your project. We may also need your permission for certain things as needed to run the Services. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
    
   If you delete Content, Kumu stores an archive of the content in case it needs to be restored. Kumu has the right to store an archive of deleted content but makes no obligation to provide the archive of deleted content. To permanently remove Content, contact Kumu who will use reasonable efforts to remove it from the Website.
    
   Without limiting any of those representations or warranties, Kumu has the right (though not the obligation) to, in Kumu’s sole discretion (i) refuse or remove any content that, in Kumu’s reasonable opinion, violates any Kumu policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kumu’s sole discretion. Kumu Systems will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal.
• General Terms. Optional paid services such as Private Projects, Pro Workspaces, and Enterprise accounts are available on the Website (any such services, a “Premium Product”). By selecting a Premium Product you agree to pay Kumu the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Premium Product and will cover the use of that service for a monthly or annual subscription period as indicated. Premium Product fees are not refundable.
• Automatic Renewal. Unless you notify Kumu before the end of the applicable subscription period that you want to cancel a Premium Product, your Premium Product subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Premium Account (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting a request in writing to Kumu.
5. Responsibility of Website Visitors. Kumu has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kumu does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kumu disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Kumu.io links, and that link to Kumu.io. Kumu does not have any control over those non-KumuPowered websites and webpages, and is not responsible for their contents or their use. By linking to a non-KumuPowered website or webpage, Kumu does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kumu disclaims any responsibility for any harm resulting from your use of non-KumuPowered websites and webpages.
7. Copyright Infringement and DMCA Policy. As Kumu asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Kumu.io violates your copyright, you are encouraged to notify Kumu. Kumu will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kumu will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kumu or others. In the case of such termination, Kumu will have no obligation to provide a refund of any amounts previously paid to Kumu.
    
   Please send notice of the alleged infringement to our designated agent:
    
   By email: legal@kumu.io
    
   By mail:
   Kumu Inc.
   Attn: Legal
   720 University Avenue, Suite 200
   Los Gatos, CA 95032
    
   Your notice should provide the following information:
   1. an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
   2. the name, address, telephone number, and email address of the copyright owner;
   3. identification of the copyrighted work that is allegedly being infringed;
   4. identification of where the allegedly infringing material is located on our site or services;
   5. a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
   6. a statement that the information in your notice is accurate, and you are authorized to act on behalf of the copyright owner. This statement must be made under penalty of perjury.
   By submitting the notice, you acknowledge and agree that we may forward the information to the person who uploaded the allegedly infringing material. If you believe that your removed or disabled content is not infringing, or that you have the authorization or right to post and use that content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the DMCA (17 U.S.C. § 512(g)(3)). We will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled content within fifteen (15) calendar days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled content.
8. Intellectual Property. This Agreement does not transfer from Kumu to you any Kumu or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kumu. Kumu, Kumu.io, the Kumu logo, and all other trademarks, service marks, graphics and logos used in connection with Kumu.io, or the Website are trademarks or registered trademarks of Kumu or Kumu’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kumu or third-party trademarks.
9. Changes. Kumu reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kumu may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Kumu may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kumu.io account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. Kumu and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kumu nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Kumu, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kumu under this agreement during the twelve (12) month period prior to the cause of action. Kumu Systems shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Kumu Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Kumu, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Kumu and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kumu, or by the posting by Kumu of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Gatos, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kumu may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Terms of Service Changes

Although most changes are likely to be minor, Kumu may change its Terms of Service from time to time, and in Kumu’s sole discretion. Kumu encourages visitors to frequently check this page for any changes to its Terms of Service. Your continued use of this site after any change in this Terms of Service will constitute your acceptance of such change.

Last Updated: April 18, 2017

Questions?

If you have any questions about our Terms of Service, send us an email.

Note: This Terms of Service is available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you.