Terms of Service
Welcome to the EmailBadge Site (defined below). By using it, you are agreeing to these Terms of Service (defined below). Please read them carefully because they contain terms that may affect your legal rights. If you have any questions, contact us here at email@example.com or firstname.lastname@example.org.
These Terms of Service were last updated on April 28th, 2021.
1. Your Acceptance of the Terms of Service
Sumo Group, Inc. (“EmailBadge”, “we” or “us” or “our”) owns and operates the website, emailbadge.com, the mobile version and any sites we have now or in the futures that reference these Terms of Service (collectively, “Site”). If you visit or shop through the Site, you agree to these Terms of Service (defined below) together with any documents they expressly incorporate by reference. IF YOU DO NOT AGREE TO THE Terms of Service, IMMEDIATELY STOP ACCESSING OR USING THE SITE AND/OR SERVICES. BY USING THE SITE AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
2. About the Site.
The Site is a platform through which you learn more or sign up to use our Product (“EmailBadge”). There may be instances, upon signup, where you’re redirected to the site appsumo.com, which is part of Sumo Group, to complete your signup. This is typically, but not limited to, buying the paid version of our Product.
4. Changes to Terms of Service
EmailBadge reserves the right, at our discretion, to change, modify or otherwise alter the Terms of Service at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. Any changes to the Terms of Service will not apply retroactively.
5. Access to the Site
a. Account Registration. To access the Site 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 Site that all the information you provide on the Site 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 Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
c. Changes to Site/Services. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
d. Termination. We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service. Termination by EmailBadge shall include removal of access to all Services, deletion of your password, and deletion of all related information and files.
e. Minimum Age. The Site and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years old or older. We are super Sumo serious about this provision. No kids please.
6. Use of the Site
a. Limited License. By using the Site and accepting these Terms of Service, EmailBadge grants you a limited, personal, nontransferable, nonexclusive revocable license to use the Site pursuant to these Terms of Service and to any additional terms and policies set forth by EmailBadge.
b. Prohibited Uses. You are expressly prohibited from:
i. Using the Site or Services for any competitive purpose whatsoever without the express prior written permission of EmailBadge.
ii. Using the Site and/or Services to abuse communication with your audience, including but not limited to spamming, phishing, or similar types of abuse.
iii. Using the Site and/or Services to generate unsolicited email advertisements or spam
iv. Using any manual process to monitor or copy any of the material on the Site 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 Site for any purpose, including monitoring or copying any of the material on the Site.
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 Site, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
ix. Otherwise attempt to interfere with the proper working of the Site.
You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, trade, or re-sell any content, software, products or services obtained through the Site without the express permission of EmailBadge. EmailBadge reserves the right to determine whether or not your use of the Site or Services is consistent with the Terms of Service. We may suspend, restrict or terminate your use of the Site or Services if your use breaches or fails to comply with any of the Terms of Service. Additionally, we may seek any and all other remedies available to us, including seeking damages relating to any breach or failure to comply with any of the Terms of Service.
7. User Submitted Content
The Site 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 EmailBadge 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. EmailBadge reserves the right but not the obligation to review, edit, post, refuse to post, and remove User Content.
8. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Site 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 EmailBadge’s Copyright Agent for notice of claims of copyright infringement is as follows:
Noah Kagan 1345 E. 6th Street Suite 125 Austin, TX 78702 email@example.com
9. Intellectual Property
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EmailBadge, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of EmailBadge, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.
10. Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPSUMO NOR ITS MERCHANTS, 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 SITE OR THE CONTENT, ANY INFORMATION CONTAINED ON THE SITE OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
11. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPSUMO, ITS AFFILIATES, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS OR LICENSORS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INFORMATION AND ANY OTHER INFORMATION CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE (B) YOUR INABILITY TO USE THE SITE OR ANY SITES LINKED TO IT; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) AFFILIATE OFFERINGS, PRODUCTS ACCESSIBLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A THIRD PARTY CONTENT PROVIDER OR MERCHANT; (F) THESE Terms of Service OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL APPSUMO’S LIABILITY IN CONNECTION WITH A PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A THIRD PARTY CONTENT PROVIDER OR MERCHANT.
12. Indemnification and Release
You agree to defend, indemnify and hold harmless EmailBadge, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to (a) any violation of the Terms of Service by you (b) your use of the Site or Services (c) information provided by you to EmailBadge that you submit, transmit or otherwise make available through the Site or (d) any violation of any rights of another or harm you may have caused. EmailBadge shall retain sole control of the defense of any such claim. This indemnification provision shall be construed broadly in favor of EmailBadge. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release EmailBadge from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of an Merchant, an Affiliate’s failure to comply with applicable law and/or failure to abide by the terms of a other product or service purchased or obtained by you from the Merchant, any other third-party.
13. Force Majeure
EmailBadge shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from weather conditions or other elements of nature or acts of God, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, quarantines or embargoes, labor strikes, error or disruption to major computer hardware or networks or software failures or other causes beyond the reasonable control of EmailBadge.
You may not assign these Terms of Service, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of EmailBadge. Any attempted assignment that does not comply with these Terms of Service shall be null and void. EmailBadge may assign these Terms of Service in whole or in part, to any third-party in its sole discretion.
15. Entire Agreement
16. Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in Travis County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At EmailBadge’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
18. Additional Disclosures
No waiver of by you or EmailBadge of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EmailBadge to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
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
The provisions of these Terms of Service apply equally to, and are for the benefit of, EmailBadge, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
We WILL NEVER sell your information to a third party.
2. Types of Information Collected and Uses of Collected Information
We collect two types of information about our Website Users: Personally Identifiable Information and Non-Personally Identifiable Information.
Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Website, such as (including, but not limited to, your email address., name, address, phone number, social media handles).
We use Non-Personally Identifiable Information to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
3. Release of Personally Identifiable Information
We will not share, sell, rent, or trade your Personally Identifiable Information with other parties. We may share your information with Authorized Third Party Service Providers. We provide services and products through third parties. These “Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your Personally Identifiable Information with such Service Providers to fulfill orders, deliver packages, send postal or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share your information with Service Providers to accomplish our administrative tasks. For example, when you order a service, we release your credit card information to the card-issuing bank to confirm payment for the service and, if applicable, release your address to the delivery service to deliver the service. Likewise, we may release an Affiliate’s information to our bank to send out a payment. We encourage Sumo Group Partners and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
4. Release of Non-Personally Identifiable Information
We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below:
We use Third Party Advertising Companies to serve ads when you visit our Website. These companies may use Non-Personally Identifiable Information about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. Some of these Third Party Advertising Companies may be advertising networks that are members of the Network Advertising Initiative (“NAI”). If you would like more information about any NAI member company, or you would like to opt-out of targeted advertising from any NAI member company, click here: http://www.networkadvertising.org/consumer/opt_out.asp
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.
5. Updating and Correcting Information
We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your account and accessing the settings section of the site, sending us an email at firstname.lastname@example.org or email@example.com or writing to us at 1305 East 6th Street, Suite 3, Austin, TX 78702. Please indicate your name, address and email address, and what information you would like to update when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Website. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.
If you choose to store credit card information on the site, this is stored on a secure page and you may delete your credit card information at any time by going to the "my account" section of your profile.
6. User Choices on Collection and Use of Information
As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website.
As a condition of purchase of our products and services, we will send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s activity on the Website, and include emails regarding a particular User’s account, requests or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at firstname.lastname@example.org or email@example.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive.
7. Security of Information
We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.
8. Data Tracking
9. Privacy Policies of Third Party Websites
10. Miscellaneous Privacy Issues
Children. Minors under the age of 18 may not use the Website. We do not knowingly collect personal information from anyone under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Sumo Group does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults.
Public Areas. We may provide areas on our Website where you can publicly post information about yourself, can communicate with others such as discussion boards or blogs, or can review products, restaurants, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information. We do obtain consent from our users to post their name along with their reviews. We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance.
Notice of Privacy Rights to California Residents. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
11. Contacting Us
Sumo Group Inc. (d/b/a "EmailBadge")
1305 E. 6th St #3
Austin, TX 78702
Customer Service Inquiries | firstname.lastname@example.org or email@example.com
12. GDPR Terms
Sumo Group, Inc., a Delaware corporation d/b/a EmailBadge
1305 E. 6th St. Suite 3 Austin, TX 78702
Email: firstname.lastname@example.org or email@example.com
We rely on the following legal grounds to process your personal information:
Performance of a contract. We may need to collect and use your personal information, as applicable, to perform our contractual obligations.
Legal Compliance. We may collect and use your information in connection with legal obligations to which we are subject. These legal obligations include, but are not limited to, any and all applicable (i) federal, state, or local laws, rules, or regulations, (ii) court orders, or (iii) consent decrees.
We may use information that we collect about you, including personal information, to:
Provide Products and Services. We will use your information to provide our products, our partner’s products, and our services to you; to respond to your inquiries; and for other customer service and support purposes. We use the payment information you provide to us in order to alert you of past, current, and upcoming charges, to allow us to present the purchase history to you, and to perform internal finance processes, such as looking the status of a credit card charge. In the event of a credit card dispute, we also share account information with your bank to verify the legitimacy of a charge.
Understand and improve our products. We will perform research and analysis about your use of, or interest in, our products, our partner’s products, our services, or content, or products, services or content offered by others. We do this to help make our products better and to develop new products.
Communicate with you.
Service related communications. We may send you service and administrative emails to ensure the products or services are working properly. These messages are considered part of the service and you may not opt out of these messages.
Promotional. Subject to your opt-out preference, we may send you emails about new product features or other news about EmailBadge or on topics we think would be relevant to you. You may opt out of receiving these communications at any time by using the unsubscribe link at the bottom of the applicable email or sending us a request at firstname.lastname@example.org or email@example.com.
Responding to your requests. We will also use your information to respond to your questions or comments.
Advertising. Subject to your opt-out preferences, we may develop and display content and advertising tailored to your interests on our services and other sites.
Legal Compliance. We may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.
Other. We also may use your information to manage our business or perform functions as otherwise described to you at the time of collection subject to your consent. Please read all online agreements carefully before accepting them.