SUMELO Terms of Service

You must be at least 18 years old and legally capable of entering into a binding agreement to use SUMELO.

If you use SUMELO on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not create an account, purchase a subscription, or use the Service.

SUMELO is costing, operations, publishing, and commerce software for food businesses. It helps users organize operational and cost information, standardize products and procedures, calculate and analyze costs, evaluate pricing and margins, generate operational insights, publish selected business content, participate in referral or ambassador programs when available, and use seller-commerce features that SUMELO makes available.

SUMELO may add, modify, improve, suspend, or discontinue features as the product evolves. We may also perform maintenance or make changes necessary to protect, operate, or improve the Service.

You are responsible for providing accurate account information, maintaining the confidentiality of your credentials, and protecting access to your account.

You are responsible for activity occurring through your account unless caused by SUMELO's own breach of its obligations.

You must promptly notify support@sumeloapp.com if you believe your account has been compromised or accessed without authorization.

Eligible new self-service SUMELO businesses receive a 7-day free trial after selecting an eligible plan and successfully adding a payment card through Stripe Checkout. No subscription charge is due when the trial begins.

By starting the trial, you authorize SUMELO and Stripe to save the payment method provided for the selected subscription and automatically charge the applicable subscription price and required taxes when the 7-day trial ends, unless you cancel before the first charge is processed.

If you cancel during the free trial, you will not be charged for the selected subscription and you may retain trial access through the originally scheduled end of the 7-day trial. Trial accounts may remain subject to feature, recipe, product, storage, export, sharing, or other trial limits.

A business is generally eligible for one introductory SUMELO trial. Existing legacy trials that began before card-required trials were introduced remain governed by the trial terms presented when they began. Unless otherwise stated, expiration of a trial does not automatically delete your account or business information.

SUMELO offers paid subscription plans, including annual plans. Prices, plan features, and promotional offers are shown before purchase.

Paid subscriptions renew automatically at the applicable renewal price unless canceled before the renewal charge is processed.

By purchasing an automatically renewing subscription, you authorize SUMELO and its payment processor to charge the applicable subscription price and any required taxes at each renewal.

You may cancel future renewal through the billing tools made available in your account. Cancellation stops future renewal charges but does not terminate access immediately. You retain paid access through the end of the period already paid for.

Eligible users who purchase the Founding Annual offer during the applicable promotional period pay $85 for the first annual term and one additional annual renewal at $85.

Beginning with Year 3, the subscription renews at SUMELO's then-current annual subscription price unless canceled before renewal.

Founding Member recognition is permanent once validly earned, even after special Founding pricing ends.

Founding recognition and Founding pricing are separate benefits. Permanent recognition does not create a permanent right to the $85 subscription price.

Payments are processed by third-party payment providers such as Stripe. SUMELO does not store your full payment card details.

You are responsible for applicable taxes, duties, or similar governmental charges unless SUMELO is required to collect them directly.

ALL SUBSCRIPTION PAYMENTS ARE FINAL AND NON-REFUNDABLE ONCE CHARGED, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW.

Canceling a subscription prevents future renewal charges but does not create a refund, partial refund, credit, or prorated reimbursement for the current paid term.

Failure to use the Service, forgetting to cancel, or deciding not to continue using SUMELO does not create a right to a refund except where required by law.

You retain ownership of the recipes, procedures, photos, supplier information, costs, prices, product information, business records, and other content or data you submit to SUMELO.

Using SUMELO does not transfer ownership of your identifiable Customer Content to SUMELO.

You grant SUMELO a limited, non-exclusive license to host, store, process, reproduce, format, transmit, back up, and display your Customer Content only as reasonably necessary to operate, secure, maintain, improve, and provide the features you request.

You are responsible for ensuring that you have the necessary rights to content you upload or publish through the Service.

SUMELO may create aggregated, statistical, de-identified, or otherwise non-identifying information derived from use of the Service.

To the extent permitted by law, SUMELO may use, analyze, combine, commercialize, license, disclose, and otherwise exploit aggregated or de-identified information for analytics, benchmarking, research, product development, market intelligence, industry reporting, partnerships, and other lawful business purposes.

SUMELO owns its aggregated datasets, statistical analyses, benchmarks, models, derived insights, and other service-generated intelligence, provided that such information does not reasonably identify an individual user or expose identifiable confidential Customer Content.

SUMELO will not treat a user's exact identifiable private recipes, exact private financial records, or other identifiable private Customer Content as commercially sellable aggregated data merely by labeling it aggregated.

SUMELO may allow you to create public or shareable links, documents, exports, or publications containing content you select.

When you intentionally publish or share content, you authorize SUMELO to display and transmit that selected content for the purpose of providing the sharing feature.

Anyone who receives or discovers a public or shareable link may be able to view, copy, save, or redistribute the information you chose to share. You are responsible for deciding what information to make public.

Removing or disabling a share may prevent future access through SUMELO, but it cannot guarantee deletion of copies previously saved by third parties.

Eligible plans may allow a business's primary owner to invite additional users and assign roles such as admin or member. Each invited person must use their own SUMELO account and is bound by the Terms applicable to that account.

The primary owner controls the business workspace, invitations, available seats, and member removal, subject to plan limits and SUMELO's role-based permissions. Admins and members may access or modify business information only to the extent permitted by their role.

Business owners are responsible for inviting only people they are authorized to add, selecting appropriate roles, reviewing access when personnel change, and ensuring team use complies with applicable law and the business's own confidentiality obligations. Users may not share credentials as a substitute for a permitted team seat.

Removing a member ends that person's future workspace access but does not require SUMELO to erase historical records, audit events, transactions, or other records that SUMELO or the business must reasonably preserve.

SUMELO may operate referral, affiliate, and Brand Ambassador programs under program rules displayed in the applicable SUMELO page or account area. Eligibility, attribution windows, qualification periods, reward amounts, payout thresholds, supported countries, and other program mechanics may vary or change prospectively.

Referral credit is subject to SUMELO's recorded attribution and qualification rules. Self-referrals, duplicate credit, manipulation, fraud, misleading promotion, or attempts to manufacture rewards are prohibited. SUMELO may withhold, reverse, cancel, or investigate rewards affected by refunds, reversals, fraud, abuse, duplicate attribution, ineligibility, or payment-provider failure.

Affiliate payouts may require separate recipient verification and payout-method onboarding with Stripe or another provider. Participants are responsible for providing accurate payout information and for their own taxes, reporting, and legal obligations related to referral or ambassador income.

Brand Ambassador status is invite-only unless SUMELO expressly states otherwise. Complimentary access, early features, feedback opportunities, promotional benefits, or other ambassador benefits are governed by the invitation and current program terms and do not create employment, partnership, agency, or a guaranteed salary or commission arrangement.

SUMELO may suspend or end future participation for ineligibility, account closure, abuse, legal or payment-provider requirements, or material violation of these Terms. Qualified amounts already payable remain subject to the applicable program, reversal, fraud, and payout rules.

SUMELO may allow eligible business owners in supported seller countries to publish and sell seller-owned digital content through Sell with SUMELO. Seller-country availability is activated country by country and may differ based on payment-provider capability, certification, legal or tax requirements, risk controls, or other operational requirements. The seller identified on the buyer-facing listing remains the seller and merchant for that transaction.

Buyer payments are processed through the seller's connected Stripe account. SUMELO provides publishing, Checkout facilitation, transaction records, secure digital delivery, refund and dispute tooling, support tooling, and related software. SUMELO does not purchase the seller's content for resale and does not become the Merchant of Record merely because it facilitates the transaction.

Unless a different fee is clearly disclosed before a future sale, SUMELO's current seller-commerce platform fee is 10% of the pre-tax product price. Stripe or other payment-processing fees, taxes, refunds, disputes, and other seller obligations are separate from SUMELO's platform fee.

SUMELO may collect its platform fee through different certified payment rails depending on seller country. In some supported countries, Stripe may deduct SUMELO's application fee inline from the seller-direct buyer transaction. In other supported countries, the buyer still pays the seller directly and SUMELO records a separate seller-to-SUMELO fee obligation that is billed through Stripe Billing. The collection rail does not change who the seller is and does not make the buyer responsible for the seller's SUMELO fee.

Where separate seller billing applies, the primary business owner must complete seller-fee billing setup and expressly authorize SUMELO and its payment processor to store the payment method provided for this purpose and charge it off-session for applicable platform service fees. SUMELO may combine multiple Order-level fee obligations in the same billing currency into one invoice or charge, and small balances may carry forward until they reach the applicable collection threshold.

If automatic seller-fee collection fails, SUMELO or its payment processor may retry collection and the seller's billing status may become past due. SUMELO's current seller-billing policy provides a seven-calendar-day grace period from the initial failed collection before future buyer Checkouts may be paused for continued nonpayment. SUMELO may also restrict new listing publication or other seller-commerce actions while billing is not in good standing. Amounts already owed remain due unless adjusted by a valid refund, credit, reversal, or other correction.

A seller's failure to pay SUMELO's separate platform fee does not by itself revoke access already purchased and paid for by a buyer. SELL restrictions for seller nonpayment apply prospectively to future commerce. Buyer access may still be revoked for a full refund, payment reversal, lost dispute, fraud determination, license violation, or another Order-specific reason described in the applicable Buyer Terms and license.

If a qualifying refund, reversal, dispute outcome, or other adjustment reduces a platform fee after it was recorded or billed, SUMELO may create the corresponding fee credit, reduce an open seller invoice, or apply the credit to the seller's SUMELO Billing Customer balance or future eligible platform-fee obligations. SUMELO may retain Order-level fee obligations, settlements, credits, invoices, provider identifiers, and related audit records for reconciliation and compliance.

The seller remains responsible for lawful pricing, accurate product descriptions, content rights and licenses, customer obligations, payment-provider obligations, and the seller's own sales-tax, indirect-tax, withholding, invoicing, reporting, filing, and remittance obligations. SUMELO does not determine a seller's tax obligations or provide tax advice. If applicable law independently requires SUMELO to collect, charge, report, withhold, or remit a tax, SUMELO may implement the legally required treatment.

Seller-commerce data may include buyer contact information, transaction identifiers, legal-acceptance records, delivery status, refunds and disputes, fraud-prevention signals, seller-billing authorization and invoice records where applicable, and support records. Sellers may use buyer information received through SUMELO only for legitimate transaction, support, compliance, and customer-service purposes and must comply with applicable privacy law.

SUMELO may reject, remove, pause, or restrict a listing or seller-commerce access when reasonably necessary for fraud prevention, security, legal compliance, intellectual-property concerns, prohibited content, payment-provider requirements, seller-billing nonpayment, risk management, or enforcement of these Terms.

SUMELO and its licensors retain all rights in the Service itself, including software, source code, design, interfaces, branding, trademarks, logos, workflows, documentation, analytics systems, models, and other proprietary technology.

These Terms do not grant you ownership of SUMELO's platform or intellectual property.

You may not copy, reverse engineer, reproduce, sell, sublicense, scrape, circumvent, or exploit the Service except as expressly allowed by law or by SUMELO in writing.

You may not use SUMELO for unlawful, fraudulent, abusive, infringing, malicious, or deceptive activity.

You may not attempt to access another user's account or data, probe or bypass security controls, introduce malicious code, overload the Service, interfere with other users, or use automated methods to extract data in a manner not authorized by SUMELO.

You may not upload content that you do not have the legal right to use or that violates another person's intellectual property, privacy, or other rights.

SUMELO may remove or restrict access to content that we reasonably believe infringes intellectual property rights, violates these Terms, is unlawful, or creates security or legal risk.

Questions or formal notices concerning intellectual property or allegedly infringing content may be sent to legal@sumeloapp.com.

SUMELO's calculations, cost models, margins, pricing suggestions, alerts, forecasts, insights, and other outputs depend on the information you provide and the assumptions used by the Service.

You are responsible for reviewing outputs and making final business, pricing, purchasing, operational, tax, and financial decisions.

SUMELO does not guarantee that a particular price, margin, product, strategy, recommendation, or business decision will be profitable or suitable for your circumstances.

SUMELO is not a law firm, accounting firm, tax advisor, investment advisor, financial planner, licensing authority, health authority, or other professional advisor.

Information provided through SUMELO is for business-management and informational purposes and is not a substitute for professional legal, accounting, tax, financial, regulatory, licensing, food-safety, or other specialized advice.

Requirements may vary by location, business model, industry, and individual circumstances.

SUMELO may suspend, restrict, or terminate access when reasonably necessary because of fraud, abuse, unlawful activity, security threats, attempted unauthorized access, nonpayment, material violation of these Terms, or risk to SUMELO, its users, or third parties.

Where appropriate, SUMELO may provide notice or an opportunity to cure a violation, but immediate action may be taken where necessary for security, fraud prevention, legal compliance, or protection of users.

If your account is terminated because of your breach of these Terms, fraud, abuse, or unlawful conduct, no refund or credit is owed except where required by law.

You may also delete your account using the account tools provided by SUMELO, subject to lawful retention requirements described in the Privacy Policy.

SUMELO is provided on an 'as available' and 'as is' basis to the fullest extent permitted by law.

We do not guarantee that the Service will always be uninterrupted, error-free, completely secure, compatible with every device, or available at all times.

We may rely on third-party infrastructure, hosting, authentication, email, payment, security, and technology providers whose services may occasionally become unavailable.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUMELO AND MADRIGAL BUSINESS LLC — SUMELO PS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA ARISING FROM OR RELATED TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, SUMELO'S TOTAL AGGREGATE LIABILITY FOR DIRECT CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO SUMELO DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Madrigal Business LLC — SUMELO PS, SUMELO, and their officers, owners, employees, contractors, and agents from third-party claims, losses, liabilities, damages, and reasonable expenses arising from your unlawful use of the Service, your violation of these Terms, your infringement of another person's rights, or content you upload or publish.

This obligation does not apply to the extent a claim results from SUMELO's own unlawful conduct or other responsibility that cannot legally be shifted to you.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law provides you non-waivable rights under another jurisdiction.

Any dispute that is not otherwise resolved will be brought in the appropriate state or federal courts located in or serving Collier County, Florida, and the parties consent to personal jurisdiction and venue there to the extent permitted by law.

SUMELO does not require mandatory arbitration under these Terms.

SUMELO may update these Terms as the Service, law, technology, or business practices evolve.

When changes are material, SUMELO may provide notice and may require you to affirmatively accept the updated Terms before continuing to use some or all of the Service.

The applicable version and effective date will be displayed with the Terms, and SUMELO may maintain records of the version you accepted.

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

A failure by SUMELO to enforce a provision does not waive the right to enforce it later.

You may not assign these Terms without SUMELO's written consent. SUMELO may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar business transaction.

These Terms, together with the Privacy Policy and any specific terms presented for a paid plan or promotion, form the agreement governing your use of SUMELO.

Legal notices and legal or privacy questions: legal@sumeloapp.com

Customer support and account assistance: support@sumeloapp.com

Madrigal Business LLC — SUMELO PS, d/b/a SUMELO · 2949 Tardiff Dr., Naples, FL 34120, United States