Welcome to our super boring (but according to our lawyer, totally necessary) terms and conditions.
They'll walk you through how our business operates, what you can expect from us, and what we expect from you. :)
Enjoy and thanks for being an awesome Sumo-ling!
Thanks, AppSumo Team
When we refer to “you” or “your”, we refer to general users of the site, licensors whose products are listed for sale on the site, and purchasers of such products, or all of the above, depending on the context.
2. About the Site, Product Offers, Refunds and Credits.
a. The Platform, offers an online marketplace (the “AppSumo Marketplace”) through which certain third-parties (“Merchants”) offer products and services (“Products”) for purchase by consumers (“Customers”). Merchants are the licensors and distributors of their Products and are solely responsible to Customers for the quality of the Products provided. We are not responsible for interactions between Merchants and Customers. Additionally, AppSumo shall not be liable for any claims, disputes, losses, injuries, or damages of any kind arising out of or relating to the Products, including but not limited to, any claims for false advertising, product defects, personal injury, or property damages. Additionally we shall not be liable for any representations or guarantees as to the Product’s merchantability or fitness of use.
b. Our Platform, or communications you receive from our Platform may include third-party content that we do not control, maintain, or endorse. AppSumo is not responsible for such third-party content and shall not have any liability in connection with such third-party content. We make no representations or warranties regarding third-party content. You are solely responsible for assessing and verifying the identity and trustworthiness of any third-party source and content.
c. The Refund Policy for any Product sale is a full refund of the purchase price for the number of days established per Product from the date of purchase for any reason or no reason. Buying and refunding the majority of your purchases is against our guidelines and Customers found in violation are subject to account limitations or termination.
d. From time to time, we may allow Customers to purchase AppSumo Credits (the “Credits”). Normally these Credits are offered at a discount to the actual number of US dollars they represent. For example, we sold $100 of Credits for a purchase price of $65 USD during an AppSumo deal once. We offer a full refund of such purchase price during the established sixty (60) day period immediately following the purchase of the Credits. You won’t have to provide us any reasoning for this refund. If you purchase a Product using Credits and request a refund for the Product, we will issue the refund in Credits. No refunds shall be offered after such sixty (60) day period.
3. Merchant Terms
a. Product Approval and Launch. Merchants interested in selling their Product in the AppSumo Marketplace must submit regarding their Product to our team for approval. We are not obligated to list the Product. Inclusion of the Product in the AppSumo Marketplace is dependent on AppSumo team’s final approval. Whether a Product is listed in the Marketplace and when it is listed will be at the sole discretion of AppSumo. Products are typically listed on a first-come, first-serve basis once a Merchant had completed pre-launch tasks and its Product has been approved by AppSumo. Failure to complete such tasks on a timely basis will result in the launch date being pushed back. Merchant shall ensure that it is ready to handle Customer questions beginning on the launch date and for at least three (3) months following removal of the Product from the AppSumo Marketplace
b. Term. Unless otherwise stated herein, these Merchant Terms shall be in effect from the time Merchant submits Product specifics for approval until one hundred-twenty (120) days after the Product is removed from the AppSumo Marketplace. Approved Products will be listed in the AppSumo Marketplace for a minimum of one hundred-twenty (120) days unless removed earlier by AppSumo. Inclusion of the Product in the AppSumo Marketplace is at the complete and sole discretion of AppSumo. We reserve the right to remove any Product in the AppSumo Marketplace at any time, with or without notice, for any or no reason. Upon removal of the Product from the AppSumo Marketplace, we will pay any Revenue Share, as defined herein, owed Merchant in accordance with the provisions of these Merchant Terms. Upon suspicion of fraud or impropriety, Revenue Share payments may be delayed, withheld, or cancelled in accordance with the provisions of these Merchant Terms.
c. Changes to Product. Upon listing the Product in the AppSumo Marketplace, Merchant shall not reduce any feature or offering of the approved Product. If any changes are made to the Product, Merchant will notify AppSumo in order to ensure proper communication to Customers and avoid confusion and support issues. We reserve the right to remove any Product if any feature or offering is reduced after the Product is listed in the AppSumo Marketplace.
d. Merchant Revenue Share. Merchant shall be compensated by AppSumo dependent upon the revenue generated from the sales of a Product (the “Gross Revenue”). Gross Revenue shall be the amount equal to the listing price of the Product multiplied by the number of sales to Customers within a calendar month, minus any refunds issued to Customers. AppSumo shall pay Merchant a portion of the Gross Revenue (the “Revenue Share”). Such Revenue Share shall be an amount equal to the Revenue Percentage multiplied by the Gross Revenue. Unless otherwise agreed to in writing, the Revenue Percentage shall be 70%, except the Revenue Percentage shall be 95% with respect to the Gross Revenue attributed to a Customer’s first invoice with AppSumo. Notwithstanding any other agreement between you and AppSumo, in the connection with the sale of a Product, a Merchant’s Revenue Share shall not exceed the price of such Product. For example, AppSumo may cancel any payment otherwise due under an affiliate program in connection with such Product.
e. Payments. Merchant shall be paid its appropriate Revenue Share on a Net 60 end-of-month basis, once Gross Revenue from the sale of Merchant’s Products has exceeded $100. Until such Gross Revenue exceeds $100, Merchant shall be paid on a net 120 end-of-month basis.The first Revenue Share shall be paid within one week of the start of the first calendar month sixty (60) days after the calendar month during which sales of your Product occurred. As an example, if your first Revenue Share was from April sales of $200, you would receive the $200 payment by July 7th. Revenue Shares will not include any amounts refunded by AppSumo to Customers in connection with your Product. Any refunds for your Product may reduce current or future payments.
f. Payment Clawback. If AppSumo suspects, in its sole discretion, that you or third-parties have engaged in fraud of other impropriety to generate sales of Products, we may delay payment of Revenue Share to Merchant. AppSumo reserves the right to recoup or clawback from you any payment determined by AppSumo it its sole discretion to have been made on account of sales resulting from acts of fraud or impropriety. Upon five (5) business days’ prior written notice, Merchant shall repay AppSumo the amount determined to have been made pursuant to such acts of fraud or impropriety.
6. Access to the Platform
a. Account Registration. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
b. Account Security. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
c. Changes to Platform. We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
e. Minimum Age. The Platform is intended solely for persons who are 18 years of age or older. Any access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years old or older. We are super Sumo serious about this provision. No kids please.
7. Use of the Platform
b. Prohibited Uses. You are expressly prohibited from:
i. Using the Platform for any commercial or competitive purpose whatsoever without the express prior written permission of AppSumo.
ii. Collecting personally identifiable information about others, including e-mail addresses.
iii. Using the Platform to generate unsolicited email advertisements or spam
iv. Using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
v. Using any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
vi. Introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
vii. Taking any action that in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
viii. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm AppSumo or users of the Platform or expose them to liability.
ix. Otherwise attempt to interfere with the proper working of the Platform.
x. Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling, trading, or re-selling any content, software, products or services obtained through the Platform without the express permission of AppSumo.
8. User Submitted Content
The Platform may provide you the opportunity to post reviews, advice, comments, ratings, discussions and other content (“User Content”). You agree not to post any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights. You further agree not to post any User Content that contains commercial solicitation. By posting User Content, you grant AppSumo a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works, and display such User Content throughout the world in any media. AppSumo reserves the right but not the obligation to review, edit, post, refuse to post, and remove User Content.
9. AppSumo Refer-a-Friend Program Terms & Conditions
Existing AppSumo Customers (“Referrers”) can refer friends to the AppSumo website using their Refer-a-Friend referral program link (“Referral Link”). Referred friends who click the Referral Link and purchase a Product from AppSumo are thereafter a “Referred Customer.”
Referred Customer. The Referred Customer and the Referrer cannot be the same person. For example, a person cannot use two email addresses and be eligible as both a Referred Customer and a Referrer. A Referred Customer must be a new Customer who purchases a Product from AppSumo for the first time.
Referral Rewards. Referrers shall earn a reward of $10 of AppSumo Credits to be applied to future purchases (“Referral Reward”) when a Referred Customer makes their first purchase on the Platform, subject to these terms (“Qualified Purchase”). In other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Purchases for which a Referral Reward could be earned. A Referral Reward shall only be credited to the account of the Referrer fourteen (14) days after the date of a Qualified Purchase if such Qualified Purchase was not refunded during such fourteen (14) day period (“Refund Period”). The Refund Period is subject to change upon notice. Such changed Refund Period shall apply to Qualified Purchases dated immediately after the date such notice was given.
Referred Customer Discount. By clicking on a Referral Link a Referred Customer shall obtain a coupon that will reduce the cost of their first purchase by $10.
Applicable Law and Marketing Rules. Customer represents and warrants that when using the Referral Link it will comply with all laws, rules, and regulations, including, but not limited to, the CAN-SPAM Act and guidance from the Federal Trade Commission regarding online advertising and marketing, such as that which can be found at https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf. For example, when using a Referral Link, Customer shall clearly explain that it will be compensated under the AppSumo Refer-a-Friend Program. Any violation or suspected violation of this section is expressly prohibited and is grounds for immediate termination of Customer’s account, forfeiture of all or a portion of Referral Rewards, and/or exclusion from AppSumo’s Refer-a-Friend program.
Termination. AppSumo reserves the right to terminate this agreement at any time and for any reason or no reason. AppSumo shall honor accrued Referral Reward credit that was earned pursuant to these terms prior to termination.
Right to Cancel Program or Change Terms. AppSumo reserves the right to cancel the Refer-a-Friend Program or to change these terms at any time in its sole discretion.
10. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Platform constitutes an infringement on your copyright, please provide notification to the address listed below setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Contact information for AppSumo’s Copyright Agent for notice of claims of copyright infringement is as follows:
Noah Kagan 1345 E. 6th Street Suite 125 Austin, TX 78702 firstname.lastname@example.org
11. Intellectual Property
12. Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPSUMO NOR ITS VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OR REPRESENTATION AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, ANY INFORMATION CONTAINED ON THE PLATFORM OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
13. Limitation of Liability
14. Indemnification and Release
AppSumo is not responsible for interactions between Merchants and Customers. To the extent permitted under applicable laws, Customer hereby releases AppSumo from: (i) any and all claims or liability related to any Product, regardless of whether such Product is available through the Platform, (ii) any action or inaction by a Merchant, including, without limitation, any harm caused to Customer by action or inaction of a Merchant, or (iii) a Merchant’s or any third-party’s failure to comply with applicable law and/or failure to abide by the terms of a Product wherever purchased or obtained by Customer from the Merchant or any other third-party.
15. Force Majeure
17. Entire Agreement
18. Governing Law and Jurisdiction
20. Additional Disclosures
You are contracting with Sumo Group, Inc. Correspondence should be directed to:
Sumo Group, Inc., 1345 E. 6th Street Suite 125 Austin, TX 78702 Attn: Legal Department