Terms of use

The agreement

By downloading, accessing or using Sumocat you agree to these terms, our privacy policy, and Apple’s Licensed Application End User License Agreement (the “Apple EULA”). These terms add to the Apple EULA; where they differ, these terms apply unless the Apple EULA requires otherwise. If you do not agree, do not use Sumocat.

If you use Sumocat for a business or other organization, you agree to these terms on its behalf and confirm you have authority to do so; “you” then includes that organization. You must be old enough to form a binding contract where you live.

What Sumocat is, and is not

Sumocat is a software tool for preparing invoices and estimates and keeping records about your clients, payments and expenses. It is not an accountant, bookkeeper, tax adviser, lawyer, bank, lender or payment processor, and nothing in Sumocat is professional, financial, tax or legal advice.

Figures, totals, taxes, reports and anything else Sumocat calculates or suggests are provided for convenience. You are responsible for checking every document and figure before you rely on it or send it, and for consulting a qualified professional about your obligations.

Your account

Some features need an account. You agree to give accurate information, keep your sign in details secure, and tell us promptly if you believe your account has been used without permission. You are responsible for all activity in your account and in any organization you belong to, including actions taken by its other members and by any app or assistant you connect.

Records belong to an organization. Anyone you add to an organization can see and change its records. You are responsible for who you add.

Subscriptions

Sumocat can be used free. Sumocat Pro and Sumocat Pro Plus are optional paid subscriptions that add features. Sumocat Pro covers one business. Sumocat Pro Plus covers up to 5 businesses that you own and lets you add more businesses up to that limit. What each plan includes is described in the app and may change over time.

If Sumocat Pro Plus ends, or you move from Pro Plus to Pro, the business you choose to keep stays fully editable and your other businesses become read only: you can still view and export their records, but you cannot change them, and features that act for you do not run in them. Records are not deleted because a subscription ends. A read only business can be edited again when you renew Pro Plus or choose it as the business you keep, which you can change only from time to time without Pro Plus.

Subscriptions are bought through the App Store and billed by Apple to your Apple ID. They renew automatically at the end of each period unless you cancel at least 24 hours before it ends. You manage and cancel them in your Apple subscription settings. Cancelling stops the next renewal; access continues until the end of the period you paid for. Moving up from Pro to Pro Plus takes effect at once; moving down takes effect at your next renewal. Refunds are handled by Apple under its policies, and we cannot issue them. Prices are shown in the app before you buy and may change; a price change applies from your next renewal, as the App Store allows. You are responsible for any taxes on your purchase that Apple does not collect.

Deleting the app or your account does not cancel a subscription.

Your content

You keep ownership of the records, documents, images and other material you put into Sumocat (“your content”). You give us a worldwide, non exclusive, royalty free licence to host, store, copy, process, transmit and display your content as needed to operate, secure, support and improve Sumocat, and to carry out what you ask of it, such as showing a document to the person you share it with. This licence ends when your content is deleted from our systems, which can take some time for backups.

You confirm that you own or have the rights to your content, that you have any consent needed to give us your clients’ and other people’s information, and that your content does not break any law or anyone’s rights.

Keep your own copies of important records. Sumocat is not a guaranteed archive, and to the extent the law allows we are not responsible for lost or corrupted content.

What you are responsible for

• The accuracy and content of every invoice, estimate, reminder and other document you create, share or send.
• Choosing and charging the right taxes, keeping records the law requires, and filing your own returns.
• Sending documents and emails only to people who expect them, and following the laws on electronic messages.
• Your agreements with your clients, including prices, scope, deposits, refunds and any dispute with them.
• Collecting payment. Sumocat does not guarantee that any client will pay you or pay on time.
• Checking anything created or sent by an assistant, automation or schedule you set up.

Features that act for you, like sending documents, reminders and recurring invoices, run on a best effort basis. We do not guarantee that a message will be sent, delivered, read or acted on, or that it will happen at a particular time.

Payments and other services

Sumocat can work with services run by other companies, such as payment providers, AI assistants and the App Store. Those services are governed by their own terms and privacy policies, and we are not responsible for them, their availability, or what they do with your information.

Online payments are provided by Stripe through your own Stripe account, under the agreement you accept with Stripe when you connect. Sumocat is not a payment processor or money transmitter and never holds, moves or controls your funds. Charges, fees, payouts, refunds, chargebacks, disputes, holds and account decisions are between you, your clients and Stripe. Sumocat records payments that Stripe reports to it and is not responsible for errors or delays in that information.

AI features

You may connect an AI assistant to your account. A connected assistant can read and change your organization’s records and send documents on your instructions. AI output can be wrong, incomplete or unexpected. You are responsible for the instructions you give, for reviewing what an assistant creates, changes or sends, and for the results. Disconnect an assistant in that assistant’s settings when you no longer want it to have access.

Acceptable use

You agree not to, and not to let anyone else:

• use Sumocat for anything unlawful, fraudulent, deceptive or harmful, or to send spam
• infringe anyone’s rights, including privacy, publicity and intellectual property rights
• access accounts, data or systems that are not yours, or test, scan or probe Sumocat’s security
• interfere with or overload Sumocat, or use automated means to access it except features we provide for that
• copy, modify, sell, rent, sublicense or build a competing product from Sumocat
• decompile, disassemble or reverse engineer Sumocat, except to the extent the law expressly permits
• remove or change any notice of ownership, or the “Powered by Sumocat” mark on shared documents

Our property

Sumocat, including its software, design, text, graphics, logos and the Sumocat name, belongs to us and our licensors and is protected by law. We give you a personal, revocable, non exclusive, non transferable licence to use Sumocat under these terms. All rights we do not expressly give you are reserved.

If you send us ideas or feedback, we may use them freely, without any obligation to you.

Changes and availability

We may change, add, limit or remove any feature, plan or part of Sumocat at any time, and may stop offering Sumocat altogether. Sumocat may be unavailable from time to time, including for maintenance, failures or events outside our control. We are not responsible for any failure or delay caused by events outside our reasonable control.

Suspension and termination

You may stop using Sumocat at any time and delete your account from the app. We may suspend, limit or close your access, or remove content, at any time if we reasonably believe you have broken these terms, created risk or legal exposure for us or others, or if we are required to by law. Where we reasonably can, we will tell you.

When your access ends, your right to use Sumocat ends, and we may delete your content after a reasonable period. The sections that by their nature should continue, including your content licence for backups, responsibilities, disclaimers, limits on liability, your promise to cover us and disputes, continue after the agreement ends.

Disclaimers

To the fullest extent the law allows, Sumocat is provided “as is” and “as available”, with all faults and without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy and quiet enjoyment. We do not promise that Sumocat will be uninterrupted, secure, error free or free of harmful components, that any content will be preserved, or that any calculation, report or message will be correct, complete or delivered.

Limits on liability

To the fullest extent the law allows:

• We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or payments from your clients, however caused, even if we were told they were possible.
• Our total liability for all claims relating to Sumocat or these terms will not exceed 50 Canadian dollars.
• These limits apply whatever the legal theory, and even if a remedy fails of its essential purpose.

Some places do not allow some of these exclusions or limits. Where that is the case, they apply only as far as the law allows, and nothing in these terms limits a right you have that cannot be limited by contract.

Your promise to cover us

You agree to defend, indemnify and hold harmless Small Factory Marketing Inc., its affiliates and their directors, officers, employees and contractors from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your content, the documents and messages you send through Sumocat, your dealings with your clients, your use of connected services or assistants, or your breach of these terms or the law.

Disputes and governing law

If you have a concern, please contact us first at support@sumocat.app; most problems can be solved that way. These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict of law rules. You and we agree to the exclusive jurisdiction of the courts of British Columbia, except where the consumer protection law of your place of residence gives you the right to bring a claim there.

To the extent the law allows, any claim must be brought individually and not as a plaintiff or class member in a class, collective or representative proceeding, and must be started within one year after it arose, or it is permanently barred.

Apple

These terms are between you and us, not Apple. Apple is not responsible for Sumocat or its content, has no obligation to provide maintenance or support for it, and is not responsible for any claims about it, including product liability, legal or regulatory compliance, consumer protection or intellectual property claims. If Sumocat fails to meet a warranty that applies, you may tell Apple and Apple will refund the purchase price, if any; to the extent the law allows, Apple has no other warranty obligation. Apple and its subsidiaries are third party beneficiaries of these terms and may enforce them against you. You confirm you are not in a country under a United States government embargo and are not on a United States government list of prohibited or restricted parties.

General

These terms, the privacy policy and the Apple EULA are the whole agreement between you and us about Sumocat. If any part is found unenforceable, it will be enforced as far as possible and the rest stays in effect. Our not enforcing a part of these terms is not a waiver. You may not transfer these terms without our written consent; we may transfer them, for example as part of a merger or sale. Nothing in these terms creates a partnership, agency or employment relationship. We may send you notices in the app, by email or on this website.

Changes to these terms and contact

We may update these terms. We will change the date at the top of this page and, for significant changes, tell you in the app or by email. If you keep using Sumocat after the changes take effect, you accept the new terms.

Small Factory Marketing Inc., Vancouver, British Columbia, Canada. Email support@sumocat.app.