Terms and Conditions
If a valid master agreement exists between you and sumApp, those terms take precedence over these Terms unless otherwise agreed by the Parties in relation to a specific Order.
Please read these Terms carefully before using sum-app.net (the “Website”) or the products or services offered by sumApp (the “Services”). These Terms take effect when you click on the “I Accept” button or checkbox presented with these Terms or when you use any of the Services or Website, whichever occurs first. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are agreeing to these Terms on behalf of an entity, you represent to us that you have legal authority to bind that entity. For purposes of these Terms, “you” means you and the entity you represent and also refers to any person accessing the Services by any method on your behalf.
Effective Date 12.1.2019
sumApp Terms of Service (“Terms”) These Terms may be updated from time to time as explained herein. We encourage you to refer to these Terms regularly to ensure your compliance. They can be found at https://greaterthanthesum.com/termsofservice
Description of sumApp Services
Greater than the Sum (“sumApp”, “we”, “our”, “us”) developed the sumApp website (“Website”, “Services”) to help you solve complex problems by gathering the data needed for visualizing and tracking key relationships and connections. However, be responsible in what you add to sumApp. 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 sumApp that you believe violates our terms of service, please contact us at email@example.com.
sumApp (“we” or “us”) provides two types of Services:
“Subscription Services”, which are the series of proprietary computer software programs developed by us as delivered to you that facilitate and automate the process of conducting surveys, polls, intercepts, and reports (“Software”), products and related systems, security, updates, and improvements thereto, and support services accessed by you using a web browser and the Internet. Subscription Services are specified in a valid ordering document executed by you and sumApp (an “Order”) and are purchased on a monthly or annual basis as set forth in an Order; and“Professional Services”, which are Services other than Subscription Services that we perform or provide, including the development and delivery of certain deliverables (“Deliverables”) specified in an Order. Professional Services are purchased on a project basis.
For purposes of these Terms, data includes all survey responses, reports, and any other information input or generated on your behalf in connection with the Services (“Data”).
Subject to your compliance with these Terms and your payment of any applicable fees, effective upon the execution of an applicable Order, sumApp gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by sumApp as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by sumApp, in the manner permitted by these Terms of Services.
sumApp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days’ notice from us. Such notice may be provided by sending an email or by posting the changes to the sumApp website.
sumApp shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” link in the navigation bar at the left of the screen. The “My Account” screen allows you to either downgrade your account to the free, Tier I plan or to ‘Freeze’ your subscription.
Automatic Renewal. Unless you notify sumApp before the end of the applicable subscription period that you want to cancel a Tier II-Tier III Account, your Account subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Account (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Copyright and Content Ownership. We claim no intellectual property rights over the material you provide to sumApp. Your projects, profile, and other materials uploaded remain yours. However, by sharing sumApp data in 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 replicate your project. You consent for your project and its data to be viewed by us 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.
Use of the Services
You are responsible for controlling access to your account, including by creating a strong password, protecting that password, and preventing unauthorized account usage.
You are responsible for creating backups of your Data.
If using the Services to email third parties, you will ensure that the third parties have validly consented to receive communications from you or you have a valid legal basis for contacting such third parties.
Portability and Migratability
You may obtain a complete copy of your entire dataset at any time in either .csv or .json format via the Data Download page of your account.
sumApp structures and exports the data you’ve gathered in sumApp in such a way that you can link it directly into Kumu.io, however, it is possible to aggregate more data within sumApp than can be migrated through a browser or then will load into Kumu. If your link to Kumu consistently causes your browser to time out, or if Kumu takes so long to load your dataset that the browser freezes, you will need to take actions to reduce the data-load. Actions may include reducing the number of time-frames you are using for time-tagging, or removing inactive members or others. sumApp is not responsible for ensuring that your dataset will migrate or for guiding you in taking action to mitigate the issue.
Third-Party Platform Compatibility:
sumApp data will make every reasonable effort, but cannot guarantee that the data gathered through sumApp will all show up in the intended way in Kumu or that Kumu will handle it the way you expect. To this same effect, we cannot guarantee sumApp data will appear as intended on any future service that is compatible or partners with sumApp software.
Responsibility of Website Visitors.
sumApp 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, sumApp 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. sumApp 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.
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 sumApp links, and that link to sumApp. sumApp does not have any control over those non-sumAppPowered websites and webpages and is not responsible for their contents or their use. By linking to a non-sumAppPowered website or webpage, sumApp 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. sumApp disclaims any responsibility for any harm resulting from your use of non-sumAppPowered websites and webpages.
You are solely responsible and liable for all Data and the manner in which you collect or distribute Data to third parties. We reserve the right to remove any Data from our Service that we determine is in violation of these Terms. If Data contains personal data, including special categories of personal data or personal data related to criminal convictions and offenses, related to EU citizens, you shall ensure that any such personal data is collected and processed in accordance with applicable data protection law, including the General Data Protection Regulation (“GDPR”).
Sensitive Data. You will not submit to the Service (or use the Service to collect): (i) any patient, medical, or other protected health information regulated by HIPAA or any similar federal or state laws, rules, or regulations; or (ii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) and (ii), collectively, “Sensitive Data”). You also acknowledge that sumApp is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Service is not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, sumApp has no liability under this Agreement for Sensitive Data.
You may not use the sumApp Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information, but you are required to use best security practices. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to sensitive information.
You must ensure 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 must fully comply 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 must not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
You must ensure that 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, racist, does not contain threats or incite violence towards individuals or entities, is not propaganda in nature 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 sumApp or otherwise.
Competitor. You may not access the Service if you are or intend to become our direct competitor, except with our prior written consent.
We and our licensors own all right, title, and interest in and to the Services as delivered, all related Software and technology, the Deliverables (which, for the avoidance of doubt, do not include Data), all of our content provided in connection with the Services, and any Services-related suggestions, ideas, enhancements, requests, feedback, and recommendations provided by you to sumApp. Nothing contained on this Website or these Terms should be construed as granting any license or right to use any trademark without our prior written permission.
Online support materials for the Subscription Services (“Online Information”) are included with the Subscription Services and are available at help.sum-app.net. You will provide us with all information we reasonably request to enable us to verify and reproduce any errors you report. Certain of our employees may need to access Data to provide the Services. You hereby consent to such access to enable us to provide the Services, which access may include downloading a copy of Data solely for so long as necessary and thereafter deleting such copy.
Copyright Infringement and DMCA Policy
As sumApp 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 sumApp violates your copyright, you are encouraged to notify sumApp. sumApp will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. sumApp 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 sumApp or others. In the case of such termination, sumApp will have no obligation to provide a refund of any amounts previously paid to sumApp.
Please send notice of the alleged infringement to our designated agent:
By email: firstname.lastname@example.org
Greater than the Sum.
3834 Pleasant Ave S
Minneapolis, MN 55409
Your notice should provide the following information:
an electronic or physical signature of the copyright owner of 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.
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.
This Agreement does not transfer from sumApp to you any sumApp or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with sumApp. sumApp, sum-app.net, the sumApp logo, and all other trademarks, service marks, graphics, and logos used in connection with sum-app.net, or the Website are trademarks or registered trademarks of sumApp or sumApp’s 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 sumApp or third-party trademarks.
sumApp 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 sum-App.net 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.
Disclaimer of Warranties
The Website is provided “as is”. sumApp 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 sumApp 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.
Limitation of Liability
In no event will sumApp, 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 sumApp under this agreement during the twelve (12) month period prior to the cause of action. sumApp 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.
General Representation and Warranty
This Agreement constitutes the entire agreement between sumApp and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of sumApp, or by the posting by sumApp of a revised version. Except to the extent applicable by 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 Minnesota, 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 Hennepin, Minnesota. 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 Minneapolis, Minnesota, 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; sumApp 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.
Our failure to enforce strict performance of any provision hereof does not constitute a waiver of the right to subsequently enforce such provision.
Disputes: Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and we each waive any right to a jury trial.
Third-Party Beneficiaries: Except for your indemnification obligations to the persons listed, these Terms create no rights for third-party beneficiaries.
Cumulative Remedies: Except as expressly set forth herein or in any Order, the rights and remedies provided hereunder are cumulative and are in addition to and not in substitution for any other rights and remedies available at law, in equity, or otherwise.
Construction: Unless the context requires otherwise, as used herein, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation,” (b) the word “or” is not exclusive, and (c) the words “herein,” “hereof,” “hereto,” and similar words refer to these Terms and any Orders entered into hereunder.
Export Controls and Economic Sanctions. You must comply with all applicable export laws and regulations, including the Export Administration Regulations (“EAR”) and trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). You warrant that you will not use the Services or Software in connection with any person, including yourself, that is (1) located in a country or region that is subject to comprehensive U.S. economic sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine); or (2) a designated, denied, or otherwise restricted party, as specified under the laws and regulations identified above.
United States Federal Government Agency: If you are a United States federal government agency, your use of the Services is subject to this amendment.
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