Terms of service

Notice and Take Down Policy

Kumo respects your rights and expects that you respect the rights of others. In the unfortunate event that Kumo finds or is notified of unlawful files or content being distributed through it’s Service, we will follow the procedures described in this Notice and Take Down Policy. By using our website or file transfer service, you agree to be bound by our Notice and Take Down Policy below.

Report requirements

Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete. Kumo should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information: Notifier’s contact details, name, function, organisation, address, email address); all information Kumo needs in order to evaluate the lawfulness of the disputed content, including its location (URL); motivation as to the unlawfulness of the content, or why it is in conflict with Kumo’s Terms of Service, NTD or Privacy Policy; motivation of the reason(s) why Kumo is the most appropriate intermediary to deal with the matter.

Indemnity

Notifier will provide Kumo with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions Kumo has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service. Urgency Notifier might request Kumo to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. Kumo determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.

Evaluation

Kumo shall evaluate the Report and classify it into one of three categories: punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office; unequivocally unlawful content and/or punishable content reported by other sources than the authorities listed under 1); and all other content, falling neither under category 1) or 2).

Measures

Kumo’s categorisation of the Report determines which measures are taken to address the Report. In the event that Kumo determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), Kumo ensures that the content concerned is immediately removed; In the event that Kumo determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. Kumo will inform Notifier accordingly; In the event that Kumo is not or unsufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, Kumo will inform Content Provider about the Report with the request to (i) allow Kumo to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a Swiss court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, Kumo has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.

Period

Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.

Due caution

In the events that content is to be removed, Kumo shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.

Cookies

To ease your use of our Service, such as logging into an account and language preferences, and to analyse and improve use of our Service, Kumo installs OpenX, session, setting and Google analytics cookies. These cookies, on the basis of your browser and your computer’s IP-address, store non-personal data relating to your use of our service with the sole purpose of facilitating and stimulating more ease of use for our service. For instance, Kumo remembers your acceptance to the Terms and Privacy Policy with a cookie for a maximum of one (1) year, whereafter it is automatically deleted. We’ll only use your data to process your payment, create your account and make your use of our Plus service possible. If you ask us for help, and we need to check the files you sent, we’ll do so, but we’ll only look at the names and types of the relevant files.

Security

Kumo takes appropriate technical and organisational measures to protect your personal data against loss or other forms of unlawful processing. For technical and operational reasons, personal data can be transferred through servers in the United States or other countries outside the European Union, where the European data protection rules not apply. Privacy regulations outside the EU might not provide the same high level of protection. By using our service and/or website you acknowledge and agree that Kumo transfers your personal data through servers that are possibly outside the EU.

Service

With this Service Kumo provides You the infrastructure and facilities to transfer any kind and any amount of digital files (“File” or “Files”) up to 10 gigabyte (GB) per transfer. Each File can be sent to up to 100 email addresses per transfer, though each email is sent separately. You may transfer an unlimited amount of Files. However, Your storage for transferring purposes may not exceed 50 GB in total. Kumo reserves the right to refuse any excessive transfers. Kumo stores the Files You transfer through our Service for as long as You hold an Account. In addition, Kumo provides You with Your own Channel. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts. You will respect the rights of others, including privacy and Intellectual Property Rights; You will not use or promote use of the Services to transfer or to distribute Files that contain child pornography, promote racism, violence or hatred, that are false or misleading, infringe on intellectual property rights, violate privacy rights, including data protection rights, and/or infringe on or violate any applicable law or regulation; You agree not to impersonate or pretend affiliation with any person or entity, access any non-public areas of Kumo.link, send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose. Additionally You agree not to attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless You do so in accordance with our Responsible Disclosure Policy.

Channel

As part of the Service, Kumo provides You with a personal URL, three Wallpapers spaces and a customisable e-mail template in the form of Your own Channel (“Channel”). The background Wallpapers provided by Kumo, including advertisements, photography, graphic design, typography, portraits and logos, as well as trademarks, service marks and trade names are the intellectual property of their rights holders, such as the advertisers and/or third parties. You are not allowed to copy, reproduce, make available online to the public, sell or reuse the wallpapers or part of the wallpapers in any way without the permission of the rights holder. Kumo is not liable to You or any third party for any damages arising out of the use, reuse, or adaptation of background Wallpapers chosen independently by You, including but not limited to, copyright protected works and/or trademarks. Kumo has the right to investigate and/or remove, without warning, any Wallpapers from Your Channel, our servers or block anyone from accessing the Channel or using the Service, when Kumo finds, at its own discretion or after receiving substantiated and valid complaints, that a Wallpaper is used in violation of this Agreement, including any applicable law or regulation. Kumo is not responsible or liable for: The contents of Wallpapers, In-ad links to advertisers or third party websites or The contents, products or services offered on advertisers or third party websites. You accept that all use outside the Kumo domain is at Your own risk.

Account

To use our Service, You are required to register for an Account on our Website. To register for an Account You need to fill in Your personal details, including e-mail address, a password and payment provider of Your choice and fulfill the yearly subscription fee. Make sure the personal information in Your Account is accurate, complete and current at all times. You are also responsible for keeping Your Account details to yourself as well as for any actions taking place from Your Account. You can manage the Files You have stored for transferring purposes through Your Account. For Your ease of future use Kumo remembers the e-mail address(es) You enter for Yourself and those of Your Recipients. For more information, see the Plus Privacy Policy. It is also possible to import an address by copy-pasting it into Your Account and to add new Recipients to Your address book.

Subscription and payment intermediary

By signing up for a Kumo Plus Account and providing us with Your payment information, You hereby agree to these payment terms and conditions. The subscription fee for a Kumo Plus Account is 120 USD ($120) excluding VAT, charged to the payment provider of Your choice. Your Kumo Plus Account will not expire after the first year, but will be renewed automatically. This means that You will be billed in advance on a recurring, periodic basis (“Billing Cycle”). Billing Cycles are annual. We will automatically charge You 14 days prior to the calendar day corresponding to the commencement of Your Kumo Plus subscription. You acknowledge that the amount billed each year may vary for reasons that may include but are not limited to: differing amounts due to promotional offers or changes in the amount of applicable sales tax; and You authorise Kumo to charge You for such varying amounts. To use our service and to store all this data, we ask a very reasonable subscription fee of 120 USD/EUR per year. We’ll automatically renew your account. We work with trusted payment intermediary Adyen (Adyen.com). Adyen supports credit cards, PayPal and local payment systems. Kumo notifies You when the (next) annual account fee is scheduled to be charged via the e-mail address You provided with Your Account. It is Your responsibility to have sufficient balance to enable the subscription fee to be charged. In the event that the subscription fee can, for any reason whatsoever, not be collected, Your Account will be terminated. You may cancel auto-renewal on Your Kumo Plus subscription at any time by emailing us (plus@Kumo.link) or by changing Your settings in Your "Billing information" page here, in which case Your subscription will continue until the end of that Billing Cycle before terminating and without any right to reimbursement of (part of) the subscription fee. Upon termination, Your Account, including Your personal data, address book and any Files stored for transfer, are directly, automatically and permanently deleted. You must cancel Your Kumo Plus Account before it renews each year in order to avoid billing of the next year's fees to You If You want to use a different payment method or if there is a change in Your payment information, You may set Your Account to be renewed manually instead. You can then adjust Your Account information during the renewal process. You are responsible for ensuring that all of Your Account information, including Your email address and all payment information is accurate and up to date at all times. If Your credit card expires or the payment information is otherwise invalid, the recurring payment attempt of Your Plus subscription will fail, which can lead to termination of Your Account. However, You will receive a notification e-mail about this failed attempt and You will be able to renew Your Plus Account manually. We’ll let you know in advance when your account is up for renewal. If you don’t have enough balance to pay for it, your subscription will expire. If you don’t want your account to be automatically renewed, tell us so in advance. We’ll then send you a couple of reminders at the end of the subscription to renew your account. If you snooze you lose. If you don’t renew your account or cancel it, there will be no more data.

Files

Kumo provides the technically necessary facilities to transfer Your Files. Kumo does not claim any ownership or knowledge of the contents of the Files You transfer through our Service. You are fully and solely responsible for the Files You transfer through our Service. Kumo can however view the names and types of Files that have been sent, but will only access this information if Your (technical) support request necessitates this. By using our Service You acknowledge and agree that Kumo is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File. The files we transfer for you are yours and your sole responsibility. You give us permission to enable the smooth and fast transfer and storage of your files. If you ask us for help with your transfer, and we need to check your transfer, we will see the file names and file types. To get the best out of our service, We believe You should regularly delete or backup Your Files to another server, hard-drive or storage service.

Permissions

By using our Service You guarantee that You have, for each File, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and make available online and for download as part of our Service.

Transfer Policy

We treat all File transfers between You and Your designated recipients (“Recipient” or “Recipients”) confidential. Kumo does not check, open or view Your File, nor the type or content of Files You sent, nor does it offer any search function, catalogue or listing to facilitate others than You to find any Files that are available for transfer. However, any person with access to the download link of a stored File may download that File. Both You and Your Recipients receive a confirmation email for each successful File transfer, including instructions on how to download the File and ways to republish the download link, including social media sharing buttons. Kumo does not allow, and You guarantee and accept that You may not transfer or store content that: is obscene, defamatory, libellous, slanderous, profane, indecent or unlawful, promotes racism, violence or hatred; infringes or misappropriates third party Intellectual Property Rights and/or privacy rights or any other kind of rights; constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; facilitates or promotes gambling, or the sale or use of liquor, tobacco products or illicit drugs, and/or; is factually inaccurate, false, misleading or deceptive; In addition, You agree not to: impersonate or pretend affiliation with any person or entity; access any non-public areas of our Website or Service; send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication.

Disclaimer

Kumo provides its Service “as-is”, without warranty of any kind. Without limiting the foregoing, Kumo explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non- infringement. Kumo makes no warranty that the Service is available on an uninterrupted, secure or error- free basis. Your use of the Service is at Your own risk. You acknowledge and agree that Kumo is not responsible for any damages to Your computer system or the computer system of any third party that result from use of the Service.

Indemnity and Liability

You accept that You are liable and will hold harmless Kumo for any and all incidents, procedures and/ or claims arising in relation to the Files transferred through our, or stored within our Service, and/or submitted through Your Account. You will defend, indemnify and hold harmless Kumo, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Service or Your violation of these Terms, including any third party claims that Files submitted to the Service through Your Account infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Kumo.link for the intentional and/or deliberate recklessness of Kumo.link themselves (“their own acts”) and or the management of Kumo.link. In no event will Kumo be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Kumo has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Kumo will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Kumo is liable for damage under mandatory law, Kumo’s aggregate liability to You for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.

Applicable Law and Jurisdiction

All rights and obligations arising out of or in connection to these Terms are construed, governed, interpreted and enforced according to the laws of Switzerland. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Lausanne, Switzerland, unless stipulated otherwise by mandatory Swiss or international laws. You waive any objection to jurisdiction and venue in the courts of Switzerland. Swiss law applies to this agreement and any conflicts between you and us.

Revisions to the Terms

Note that Kumo may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. Kumo recommends that You review the Website from time to time and take note of any changes. If You do not agree with the Terms, including the NTD Policy and Privacy Policy, You should not or no longer access or use the Website and/or Service. By continuing to use of the Website and/or Service You accept any changes made to the Terms, including the NTD Policy and Privacy Policy.

Kumo Privacy Policy

To enable you to use our service, Kumo needs to process some data that is personal, like your IP-address, your email address, that of the intended recipient and any personal message you might include when sending a file. We will principally use your personal data for sending your file and improving our service. We surely won’t sell it to third or affiliate parties or use it for irritating commercial messages. By using our service you agree to be bound by the Privacy Policy below. This Privacy Policy is part of the Terms of Use for the Kumo Service.

Personal Data

Kumo takes your trust and privacy very seriously and therefore aims to process as little personal data as necessary. You therefore do not have to sign up for an account, nor is there any other kind of log-in procedure. In order to use our service and send your file, it is necessary to enter your own email address, add the file(s) you wish to transfer (up to 2 GB) and the email addresses of the recipients (up to 20). To make your next visit easier, Kumo installs a cookie that remembers the email address you enter for yourself and those of your designated recipients. If you use our service, Kumo furthermore stores your IP- address; the aforementioned email addresses; IP-addresses of the downloaders, file names, sizes and types; country and language settings; browser type and Flash version. Kumo stores this data for a maximum of 12 months, whereafter it is anonymised. The file itself is stored on Kumo’s servers for a period of 7 days, whereafter it is automatically deleted. Kumo does not monitor the contents of files nor does it store any other than the aforementioned personal data. Kumo can however view the names and types of Files that have been sent, but will only access this information if Your (technical) support request necessitated this. We install a cookie that remembers your email address and that of your recipient(s), to make life easier for you. We also store some data: IP- addresses; email addresses; file names, sizes and types; country and language settings; browser type and Flash version.

Security

Kumo takes appropriate technical and organisational measures to protect your personal data against loss or other forms of unlawful processing. For technical and operational reasons, personal data can be transferred through servers in the United States or other countries outside the European Union, where the European data protection rules are not applicable. Privacy regulations outside the EU might not provide the same high level of protection. By using our Service and/or Website You acknowledge and agree that Kumo transfers your personal data through servers that are possibly outside the EU.

Minors

You are only allowed to use our website and/or service when at or over the age of 16 years, or with the approval of your parents or guardians.

Kumo Responsible Disclosure Policy

At Kumo we take great pride and care in designing our service in such a way that everyone can use it easily, safely and securely. Despite our efforts, we know that security vulnerabilities can never be fully prevented at all times. Security researchers and the internet community have an important role in keeping Kumo secure. For those who believe they have found a vulnerability in our service, we encourage them to act responsibly and report this vulnerability in accordance with this Responsible Disclosure Policy so we can work together to ensure the safety and security of our service and users. This policy explains how to report a vulnerability, what the process is and how we will respond to such reports. We’ve made an effort to make this policy as easy and clear as possible, but do let us know if there are things you don’t understand. You can contact us at secureforsure@Kumo.link. If you think you’ve found a vulnerability in our security, we appreciate it if you do the right thing and make a responsible disclosure to us first.

Vulnerabilities

If you believe you have discovered a security vulnerability in the Kumo service, please send an email to secureforsure@Kumo.link with a thorough explanation of the (characteristics of the) vulnerability (Authentication/Authorisation, CSS, CSRF, XML, SQL, etc.) and with sufficient details, including a Proof-of-Concept, which system or systems are concerned and how we can reproduce your steps.

How soon will we respond?

Depending on the vulnerability, our support team will reply as quickly as possible, or at least within 24 hours. Your report will then be quickly routed to the person best able to evaluate and act on your report. Someone from our staff will contact you personally to understand what the vulnerability is and to learn how we can patch it. You will receive a digitally signed confirmation of receipt of your report and how to contact your designated case handler to discuss the next steps. We will keep you updated on the progress during the process.

Publishing the vulnerability

We do not publish information about specific vulnerabilities or reports we have received under this responsible disclosure policy. However, at your request, we can provide a personal reference on your request.

Recognition and remuneration

Anyone who is kind enough to report a significant vulnerability responsibly and follows the rules of this responsible disclosure policy, we will provide with Kumo memorabilia or a Kumo Plus account (with a value of $120). The reward may be based on the quality of the disclosure and nature of the vulnerability. If you prefer to make your report as John Doe (anonymously) or under a pseudonym, be our guest.

PGP public key

Please send us your report in an encrypted or digitally signed message.

What does not count as a vulnerability?

Although we appreciate your efforts, there are certain acts that do not count as a vulnerability that falls within the scope of this Responsible Disclosure Policy. This policy thus does not allow for: gaining access by ways of social engineering; creating your own back-door to gain access to the system. This could damage our service and create additional, unnecessary security risks; or DDoS or brute-force attacks.

Indemnification

Kumo will, within reason, hold blameless anyone who in good faith penetrates our site, and in the process of exploring or experimenting, extracts a small amount of sensitive data, as long as that person promptly notifies Kumo and destroys any data collected. If you follow the rules of this responsible disclosure policy and act in good faith, Kumo will not take legal action against you or ask law enforcement to start criminal investigations. Not acting in good faith includes, but is not limited to: providing any information with regard to the vulnerability to any third party without the consent of Kumo; misusing the vulnerability in any way; or copying, deleting or altering any of the Kumo related data you have gained access to. Legal action can be taken against disclosers of whom Kumo suspects that they did not act in good faith when penetrating the website or any related systems.

About us

Kumo is a registered product edited by the Kainjoo Consulting Group, SNC based in Morges, Switzerland. For more info please visit www.kainjoo.com