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,
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.
If you are providing us with personal data about EU residents, please see our
GDPR Policy to request our Data Processing Addendum.
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.
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:
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.
- 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
- 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.
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
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
Payment and Renewal.
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.
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.
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.
- 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.
Please send notice of the alleged infringement to our designated agent:
By email: firstname.lastname@example.org
720 University Avenue, Suite 200
Los Gatos, CA 95032
Your notice should provide the following information:
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.
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.
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.
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
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
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.
and Warranty. You represent and warrant that (i) your use of the
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.
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.
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.
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is allegedly being infringed;
- identification of where the allegedly infringing material is located on our site or services;
- 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
- 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.
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
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.