Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Adsumu LLC, a Florida limited liability company (“Adsumu,” “we,” “us”). They cover your use of the Adsumu app, the website adsumu.com and anything else we offer that links to these Terms (together, the “Service”). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and our Community Guidelines, which are part of these Terms. If you don't agree, don't use the Service.

Contents

1. Who can use Adsumu
2. Your account
3. Text messages
4. Your content
5. Community Guidelines
6. Things you agree not to do
7. How we enforce the rules
8. Your safety
9. Other people
10. Adsumu Plus and the beta
11. Our app and brand
12. Copyright complaints
13. Ending your account
14. Changes to Adsumu and these Terms
15. Disclaimers
16. Limits on our liability
17. Indemnity
18. Disputes and arbitration
19. Apple App Store terms
20. General terms
21. Contact us

1. Who can use Adsumu

To use Adsumu you must:

• be at least 13 years old;
• if you're under 18 (or the age of majority where you live), have permission from a parent or legal guardian, who agrees to these Terms for you and is responsible for your use of the Service;
• not have been banned from Adsumu before;
• not be a convicted sex offender; and
• not be barred from using the Service under the laws that apply to you.

Adsumu is currently made for people in the United States.

2. Your account

• Give true information when you sign up, including your real birthday, and keep it current.
• Use a phone number that belongs to you. One account per person.
• You're responsible for what happens on your account. Keep your phone and sign-in codes to yourself, and tell us at [email protected] if you think someone else got into your account.
• Don't sell, rent or give away your account or username. We may take back a username that impersonates someone, infringes a trademark or is left unused.

3. Text messages

By giving us your phone number, you agree that we can text it the one-time codes used to sign in and to confirm account changes (like deleting your account). We don't send marketing texts. Message and data rates may apply. How often we text depends on how often you sign in. If you stop using your phone number, delete your account or update it so the next owner of the number doesn't get your codes.

4. Your content

You own what you post. “Your content” means the photos, captions, replies, circle names and descriptions, profile details and anything else you post on Adsumu.

The permission you give us. So the app can work, you give Adsumu a worldwide, non-exclusive, royalty-free license to host, store, copy, process (for example, resize or re-save photos to remove hidden data), display and send your content, only to run, protect and improve the Service: showing your photos to the circles you chose, building your history, recaps and stickers, and reviewing content for safety. We won't sell your photos or use them in ads or promotions without asking you first. This license ends when you delete the content or your account, except for copies we must keep as explained in the Privacy Policy, and content other people already saved or shared outside Adsumu.

Your promises about your content. You promise that:

• you took the photos yourself (or have the right to post them) and they follow the Community Guidelines;
• anyone recognizable in your photo is OK with being in it, and if they're under 18, a parent or guardian is too; and
• your content doesn't break any law or anyone else's rights, like copyright, trademark, privacy or publicity rights.

We don't have to keep copies of your content, so save anything you want to keep.

5. Community Guidelines

Everyone on Adsumu agrees to the Community Guidelines: be real, be kind, keep it clothed, keep it safe, be 13 and up, and no spam or scams. We have zero tolerance for nudity or sexual content, threats, hate, bullying, and anything that puts a child at risk.

6. Things you agree not to do

• Break the law, or help or encourage anyone else to.
• Post anything that sexualizes or endangers a minor. We report this to the National Center for Missing & Exploited Children and law enforcement.
• Harass, threaten, stalk, bully, impersonate or intimidate anyone, or share someone's private information without permission.
• Post anything you don't have the right to post.
• Get around the app's rules or limits, like posting photos that weren't taken live, getting around a block, ban or limit, or making new accounts after being banned.
• Collect other people's information, or use bots, scrapers or other automated ways to access the Service.
• Hack, probe, overload or disrupt the Service, or upload viruses or harmful code.
• Copy, change, decompile or reverse-engineer the app, except where the law allows it.
• Use Adsumu to advertise, sell things or send spam without our written permission.

7. How we enforce the rules

You can report photos, replies and accounts in the app, and you can block or mute anyone. Reports are anonymous to the person reported. We may review content and accounts, with people and automated tools, to enforce these Terms. We may remove or hide any content, give strikes, limit features, or suspend or ban accounts at our discretion, with or without warning, when we believe it's needed to enforce these Terms, protect someone or follow the law. Three strikes is a ban, and some things (like nudity, threats or anything that puts a child at risk) are a ban the first time. We don't promise to watch everything posted, and we're not responsible for content other people post. If you think we made a mistake, email [email protected].

8. Your safety

• Never put yourself or anyone else in danger for a photo. Don't use the app while driving or doing anything where looking at your phone isn't safe.
• Not medical advice. Adsumu helps you keep a habit; it doesn't give health, fitness, diet, mental health or other professional advice. Talk to a doctor before starting a new exercise or diet routine. You do your habits at your own risk.
• Not an emergency service. If you or someone else is in danger, call 911. If you're thinking about suicide or self-harm, call or text 988 (the Suicide & Crisis Lifeline).

9. Other people

We don't screen or run background checks on members, and we can't control what they do. Be careful about who you invite into your circles, and use block and report when you need them. Disagreements between members are between those members, though we may step in to enforce these Terms. If you meet someone from Adsumu in person, you do so at your own risk.

10. Adsumu Plus and the beta

• Beta: Adsumu is being tested, and some features may be unfinished, change or be removed. Every Adsumu Plus feature is free during beta testing. Being in the beta doesn't mean Plus will stay free for you after the beta ends. We'll let you know in the app before any feature you're using starts to cost money, and you won't be charged unless you choose to buy.
• Paid plans: when Plus is for sale, it's bought through Apple's App Store and billed to your Apple account. The price and billing period are shown before you buy.
• Automatic renewal: subscriptions renew automatically at the end of each period at the then-current price unless you cancel at least 24 hours before the period ends. You can cancel any time in your iPhone's Settings → your name → Subscriptions. Cancelling stops the next renewal; you keep Plus until the end of the period you paid for.
• Refunds are handled by Apple under its policies. Deleting your account doesn't cancel a subscription; cancel it with Apple first.
• Price changes: we'll give you notice before a price change applies to you, as Apple's rules require.
• Streaks, badges, stickers and other in-app rewards have no money value and can't be sold or exchanged.

11. Our app and brand

The Service, including the app, its design, the Adsumu name and logo, our original artwork and stickers, and everything else we make (except your content), belongs to Adsumu and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the app for your own non-commercial use, under these Terms. You may share the share cards and stickers the app makes from your own content. If you send us ideas or feedback, we may use them freely without paying you.

12. Copyright complaints

We respect copyrights. If you believe something on Adsumu infringes your copyright, email [email protected] with the subject “Copyright notice” and include: your name and contact information; a description of the copyrighted work; where the material is on Adsumu (for example, the username and date); a statement that you believe in good faith the use isn't authorized by the owner, its agent or the law; a statement, under penalty of perjury, that your notice is accurate and that you're the owner or authorized to act for the owner; and your physical or electronic signature. If your content was removed and you believe it was a mistake, you can send us a counter-notice with the information the Digital Millennium Copyright Act requires. We'll end the accounts of repeat infringers when appropriate.

13. Ending your account

You can stop using Adsumu at any time and delete your account in the app (You → Settings → Account and safety → Delete account). We may suspend or end your account, or stop offering all or part of the Service, at any time, including if you break these Terms, if we need to protect people or the Service, or if the law requires it. Sections that by their nature should continue (like content licenses we need to finish deleting, disclaimers, limits on liability, indemnity, and disputes) continue after your account ends.

14. Changes to Adsumu and these Terms

We're always improving Adsumu, so features may be added, changed or removed. We may update these Terms from time to time. If a change is important, we'll tell you in the app or another reasonable way before it takes effect. If you keep using the Service after the change takes effect, you accept the new Terms. If you don't agree, stop using the Service and delete your account. Changes won't apply to a dispute that came up before we posted them.

15. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law allows, Adsumu disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the Service will always be available, secure, error-free or free of harmful parts, that your content, streaks or history will never be lost, or that using Adsumu will help you build any habit or reach any goal.

16. Limits on our liability

To the fullest extent the law allows, Adsumu and its owners, members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, data, goodwill or use, arising out of or related to these Terms or the Service, even if we were told they were possible. Our total liability for all claims arising out of or related to these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim arose or (b) $50. These limits apply to every theory of liability and even if a remedy fails of its essential purpose.

Some places don't allow some of these disclaimers or limits, so they may not all apply to you. Nothing in these Terms limits liability that can't be limited by law.

17. Indemnity

To the extent the law allows, you agree to defend and hold harmless Adsumu and its owners, members, managers, employees and agents from claims, losses and costs (including reasonable lawyers' fees) caused by your content, your use of the Service, or your breaking these Terms or the law or someone else's rights.

18. Disputes and arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court and to join a class action.

Talk to us first

Most problems can be fixed quickly. Before starting any claim, you agree to email [email protected] with your name, your Adsumu username, the phone number on your account, a description of the problem and what you want. We'll do the same with you. If we can't resolve it within 60 days, either of us may start arbitration or, where allowed below, go to small claims court.

Arbitration

Except as stated below, you and Adsumu agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by final, binding arbitration on an individual basis, not in court. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, which are at adr.org. The arbitrator decides all questions, including whether a Dispute must be arbitrated, except that a court decides questions about the class action waiver below. The arbitration may be held by video, by phone, based on written submissions, or in person in the county where you live. Fees are paid as the AAA's Consumer Rules say. The Federal Arbitration Act governs this section.

Exceptions

Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court to stop the infringement or misuse of intellectual property.

No class actions

You and Adsumu agree that each may bring claims against the other only individually, and not as a plaintiff or class member in any class, collective or representative action. You and Adsumu also waive any right to a jury trial.

If this class action waiver is found unenforceable for any claim, that claim (and only that claim) will be decided in court, not arbitration.

You can opt out

You can opt out of this agreement to arbitrate by emailing [email protected] within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name, username and the phone number on your account. Opting out doesn't affect any other part of these Terms.

Time limit

To the extent the law allows, any claim must be brought within one year after it arose, or it's permanently barred.

Law and courts

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. For any Dispute not subject to arbitration, you and Adsumu agree to the exclusive jurisdiction of the state and federal courts located in Florida.

19. Apple App Store terms

If you got the app from Apple's App Store, these extra terms apply:

• These Terms are between you and Adsumu only, not Apple. Adsumu, not Apple, is solely responsible for the app and its content.
• Your license to use the app is limited to using it on Apple-branded products that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to meet any warranty that applies, you may notify Apple and Apple will refund the purchase price (if any) for the app. To the maximum extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are Adsumu's responsibility, to the extent these Terms don't disclaim them.
• Adsumu, not Apple, is responsible for addressing any claims by you or anyone else relating to the app or your having or using it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If anyone claims that the app or your having and using it infringes their intellectual property rights, Adsumu, not Apple, is responsible for investigating, defending, settling and resolving the claim.
• You confirm that you're not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you're not on any U.S. Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when using the app (for example, your wireless carrier's terms).
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is considered to have accepted the right) to enforce them against you as a third-party beneficiary.
• Questions, complaints or claims about the app go to Adsumu at the contact information below.

20. General terms

• These Terms, with the Privacy Policy and Community Guidelines, are the whole agreement between you and Adsumu about the Service.
• If a court finds part of these Terms unenforceable, the rest stays in effect.
• If we don't enforce part of these Terms right away, we haven't given up the right to enforce it later.
• You may not transfer these Terms to anyone else. We may transfer them, for example if Adsumu is merged or sold.
• We're not responsible for delays or failures caused by things outside our reasonable control.
• You agree that we can send you notices and agreements electronically (in the app, by text or by email), and that they count as “in writing.”
• Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Headings and the short version are for convenience only.

21. Contact us

Adsumu LLC, Florida, United States
Email: [email protected]