Terms of Service

Last updated: March 3, 2022

1. Agreement to Terms

These Terms of Service ("Terms") represent a legally binding agreement between you and Intrepid Labs Development LLC, the owners of the Kumo trademark and intellectual property.

This agreement contains the terms and conditions governing your use of and access to: (1) our website at www.withkumo.com, including any subdomains thereof, and any other websites to which these Terms are posted (collectively, the "Site"); and (2) any products, services, and applications made available through the Site (the "Services"). The Site and Services together are hereinafter referred to as the "Kumo Platform."

Please read these Terms carefully. By using or accessing the Kumo Platform, you represent that you have read, understand, and agree to be bound by these Terms.

If you disagree with any part of the Terms, then you do not have permission to access or use the Kumo Platform.

2. The Kumo Platform

The Kumo Platform aggregates business listings from online marketplaces, brokerage websites, email lists, and other sources into one unified platform.
The Kumo Platform provides its Services for persons who buy, sell, and broker businesses. For the purposes of this Agreement, all services provided by Kumo through the Kumo Platform shall be referred to collectively as “Kumo Services."
In the future, the Kumo Platform may offer additional services for business owners, potential acquirers, and brokers. The Kumo Services is a term meant to encapsulate all present and future services offered on the Kumo Platform.
Business buyers, sellers, and brokers who sign up for the Kumo Platform (”Users”) shall create a User account on the Site, and activate a Subscription in order to access the Kumo Platform. Each person may only create one User account, and Kumo reserves the right to merge or delete duplicate accounts.

3. Modification of these Terms

Kumo reserves the right to modify these Terms or any information referenced in the hyperlinks from this Agreement at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms, and such modifications shall become effective upon posting. Continued use of the Kumo Platform or Services after any such changes are posted shall constitute your consent to such changes.
In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Terms of Service has been effective indicates that you have read, understood, and agreed to the current version of these Terms.

4. Eligibility

The Kumo Platform may only be used by individuals who can form legally binding contracts under applicable law. The Kumo Platform is not available to children (persons under the age of 18). By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. You are responsible for maintaining the confidentiality and security of your Kumo Account credentials and may not disclose your credentials to any third party.

5. Fees and Payment

5.1 Subscription Fees. Users may be required to pay a subscription fee to access some or all parts of the Kumo Platform. Kumo will clearly communicate the current subscription offerings on the Kumo Pricing Page, as well as provide clear descriptions of the offerings and pricing during the registration process. Users may also find details of their current subscription, as well as details of their upcoming and past charges in their User Profile.
5.2 Changes to Subscription Fees. Kumo reserves the right to change the fee of any existing subscription plan. If there are any subscription fee changes that may impact any existing Users, Kumo will clearly communicate such changes by publishing the changes to the Kumo Pricing Page, the Kumo FAQ, and by providing a notice to the User at the email associated with their account within a reasonable timeframe to allow Users to opt out of any changes to their existing subscription.
5.3 Refunds Eligibility. Users may request a refund by emailing billing@withkumo.com. Based on your subscription plan, you may be eligible for a refund if:
(1) A full refund, if it has been less than 3 business days since your most recent monthly subscription charge,
(2) A partial refund, if it has been more than 3 business days since your most recently monthly subscription charge.
The partial refund will be calculated using the following formula: amount of most recent subscription * (# of days remaining on subscription / 30 days). For example, if it has been 15 days since your subscription payment, and you paid $100 for a monthly subscription, your partial refund would be $50: $100 * (15 days remaining on subscription / 30 days in monthly subscription).
5.4 Facilitation of Charges. All Charges are facilitated through a third-party payment processing service, Stripe. You can read about how Stripe handles your data privacy at https://stripe.com/privacy. Kumo may replace its third-party payment processing services without notice to you.
5.5 Taxes. Unless otherwise stated, our Charges do not include any taxes, levies, or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying Taxes except those assessable against SellerBench based on our income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.

6. Kumo Communications

By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail and push notifications. Communications from Kumo, its affiliated companies and/or employees, may include but are not limited to: operational communications concerning your User account or use of the Kumo Platform or Services, updates concerning new and existing features on the Kumo Platform, communications concerning promotions run by us or our third-party partners, and news concerning Kumo and industry developments.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself, or by emailing support@withkumo.com.

7. Your Personal Information

Your Personal Information is any information you provide, publish, post, or give access to or through the Kumo Platform (including any profile information you provide or storefront data you provide access to) or send to other Users (including via in-application feedback, any email feature, or through any Kumo-related Facebook, Twitter, or other social media posting)(your “Information”). You consent to us using your Information to create a User account that will allow you to use the Kumo Platform and provide Kumo Services.
Our collection and use of Personal Information in connection with the Kumo Platform and Kumo Services is as provided in Kumo’s Privacy Policy accessible on our Site at www.withkumo.com. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Kumo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Kumo does not assert any ownership over your Information; rather, as between you and Kumo, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

8. Promotions

Kumo, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Kumo. Kumo reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event at any time and for any reason. Reasons include and are not limited to: credit or benefit was in error, fraudulent, illegal, or in violation of the application promotion terms or this Agreement.

9. Restricted Activities

With respect to your use of the Kumo Platform or Kumo Services, you agree that you will not:- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Kumo Platform or the servers or networks connected to the Kumo Platform;
- post Information or interact on the Kumo Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Kumo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Kumo Platform;
- “frame” or “mirror” any part of the Kumo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Kumo Platform or any software used on or for the Kumo Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Kumo Platform or access to any portion of the Kumo Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Kumo Platform or its contents;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Kumo Platform or the servers or networks connected to the Kumo Platform;
- post Information or interact on the Kumo Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Kumo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Kumo Platform;
- “frame” or “mirror” any part of the Kumo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Kumo Platform or any software used on or for the Kumo Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Kumo Platform or access to any portion of the Kumo Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Kumo Platform or its contents;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.ble promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Kumo. Kumo reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event at any time and for any reason. Reasons include and are not limited to: credit or benefit was in error, fraudulent, illegal, or in violation of the application promotion terms or this Agreement.

10. Intellectual Property

All intellectual property rights in the Kumo Platform shall be owned by Kumo absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Kumo Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Kumo. Kumo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Disclaimers

The following disclaimers are made on behalf of Kumo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The Kumo Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Kumo Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by the law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Kumo Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Kumo Platform will be corrected, or that the Kumo Platform is free of viruses or other harmful components. We disclaim liability for, and no warrant is made with respect to, connectivity and availability of the Kumo Platform or Services.
Kumo is not responsible for the conduct, whether online or offline, of any User of the Kumo Platform or Services. You are solely responsible for your interactions with other Users. By using the Kumo Platform and participating in the Services, you agree to accept that Kumo is not responsible for the acts or omissions of Users of the Kumo Platform or participating in the Services.
You are responsible for the user of your User account and Kumo expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
We are not responsible for the use of any personal information that you disclose to other Users on the Kumo Platform or through the Services. Please carefully select the type of information that you post on the Kumo Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

12. Indemnity

You will defend, indemnify, and hold Kumo including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Kumo Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Kumo Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

13. Limitation of Liability

IN NO EVENT WILL KUMO, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “KUMO” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE KUMO PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE KUMO PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Limitation of Damages

IN NO EVENT SHALL KUMO’S LIABILITY TO USER EXCEED THE AMOUNT PAID BY USER TO KUMO DURING THE SIX MONTH PERIOD BEFORE SUCH LIABILITY ACCRUES.

15. Cancellations and Termination

15.1 Cancellations. Users are responsible for account cancellations, and may initiate a cancellation by at anytime in their Account Settings, under the Billing section, here. This is the most effective, and immediate way to cancel your account. Kumo recommends all users to cancel their subscriptions directly on the platform under their Account Settings. Users may also initiate the cancellation process by emailing support@withkumo.com, but email cancellations are processed during normal business hours, and there is no guarantee that the cancellation will be processed prior to an immediately incoming subscription renewal. There are no other means of cancelling your Kumo Account, though other methods may be made available to Users in the future. In addition to cancelling the account, Users may also request to delete their data at any time, though Kumo reserves the right to delete related content in the normal course of business. The deletion of content typically will take 7 to 10 business days. This action is irreversible, and once a User’s data has been deleted, this content cannot be recovered.
15.2 Termination. Kumo reserves the right to: (i) modify or discontinue, temporarily or permanently, the Kumo Platform (or any part thereof) and (ii) refuse any or all current and future use of the Kumo Platform, and remove or delete any or all User content on the Kumo Platform if we believe that the User has violated these Terms.
15.3 Notices. Kumo will use all reasonable efforts to contact the User via the email provided during registration, with given notice of the potential or actual termination and an opportunity to attempt to cure the issue to Kumo’s reasonable satisfaction prior to Kumo permanently terminating the Agreement. If the breach is cured in a timely manner and to Kumo’s satisfaction, this Agreement will not be permanently terminated.
15.4 Survivability. Sections 3, 6, 7 (with respect to the license), 10, 11, 12-18, and 20 shall survive any termination or expiration of this Agreement.

16. Confidentiality

The User agrees to keep confidential any information provided by Kumo that is identified verbally or in writing as confidential, to use such information only for purposes related to these Terms, and to disclose such information to no other person or party.

17. General

This Agreement shall be governed by the laws of the State of California, United States of America, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non- Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Kumo, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Kumo shall be given by certified mail, postage prepaid and return receipt requested to: Intrepid Labs Development LLC (Kumo), 30 N Gould St, Ste 4000, Sheridan, WY 82801, USA. Any notices to you shall be provided to you through the Kumo Platform or given to you via the email address or physical address you provide to Kumo during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Kumo with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

18. Language

These Terms were written in English. If there are any other versions of these Terms in any other languages, the latest English version of the agreement as published on the Kumo Site shall supersede any and all other versions.

19. Notices and How to Contact Us

For any notices of errors or problems related to the Kumo Platform, or any questions about these Terms, please contact us at support@withkumo.com.
You can also write to us at:
Intrepid Labs Development LLC c/o Kumo
30 N Gould St
Ste 4000
Sheridan, WY 82801 USA
These Terms of Service are effective as of the Last Updated date found at the beginning of this policy.