Terms & Conditions

What this Agreement Covers. This Agreement, titled “KATOOMI Apps Terms and Conditions of Use,” is in electronic form and constitutes a binding agreement between “Customer Account” (as defined below), “Associated Account” (as defined below) and KATOOMI, LLC.

By using KATOOMI’s applications (“Apps”), systems and website, whether through an authenticated network, a web-based portal or off-line (the “Services”), you agree to and shall be legally bound by this Agreement.

1. Definitions

As used in this Agreement:

a. “KATOOMI” “we,” “us” or “our” means KATOOMI, LLC, a South Carolina limited liability company;

b. “Customer Account” means an account established by KATOOMI for any entity approved by KATOOMI to use the Services to interact with their business partners. A Customer Account may have an unlimited number of Associated Accounts or as otherwise defined in their Commercial Agreement with Katoomi;

c. “Associated Account,” means an End User account established for an individual authorized by the holder of a “Customer Account” to use the Services;

d. “Data” means any information: (i) provided by you to KATOOMI to establish Customer and Associated Accounts; or (ii) submitted, entered or stored by you on KATOOMI’s systems in connection with using the Services;

e. “End User,” “you” and “your” means a person (whether an individual or entity) who logs on to the Services via a Customer Account or Associated Account; and

f. “Personal Information” means an End User’s name(s), e-mail address as well as Customer information such as billing address, mailing address, payment information, and password(s) to access the Services.

2. Customer Account and Associated Account Obligations

a. Once KATOOMI has established your Customer Account and/or by extension enabled access to Associated Accounts, you may access the Services.

b. Holders of Customer Accounts are fully responsible for any activity that takes place under that Customer Account including activity from all Associated Accounts which are also responsible for any activity that takes place from their Users of the system.

c. You must at all times maintain and protect the secrecy of your username and password. For security purposes, KATOOMI may cancel or suspend any username which has not accessed the Services for an extended period of time. If KATOOMI cancels a username, the End User will need to establish a new Customer and/or Associated Account.

d. KATOOMI reserves the right to cancel any Customer Account and/or Associated Account that engages in any activity in violation of this Agreement.

3. Additional Obligations While Using the Services

a. You shall:

i. Promptly notify us if you learn of or suspect a security breach related to your Customer and/or Associated Account(s), or the Services;

ii. Ensure that KATOOMI has current billing and other information necessary for billing and continuation of the Services; and

iii. Keep all personally identifying information secure.

b. You shall not:

i. Use the Services or any part thereof to engage in, facilitate or further unlawful conduct;

ii. Use the Services or any part thereof in such a way as to bring harm or risk of harm to Customer Accounts, Associated Accounts, End Users, KATOOMI or the Services;

iii. Damage, disable, overburden and impair the Services or interfere with anyone’s use and enjoyment of the Services;

iv. Use any means not authorized by KATOOMI in writing to modify or reroute the Services;

v. Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, modify, alter, transfer or sell any information provided by the Services; or

vi. Resell or redistribute the Services or any part thereof.

4. Your Data

a. Control and Use of Data. KATOOMI does not control your Data and does not claim ownership over your Data.

b. Non-Infringement of Data. You warrant and represent that KATOOMI’s use of your Data as authorized by you herein does not and will not infringe upon or violate any right of any kind or nature belonging to a third party.

c. Non-Compliant Data. KATOOMI reserves the right to remove at any time any of your Data that violates this Agreement or any policy of KATOOMI.

d. Backup of Data. It is your sole responsibility to use the Services as instructed and to back up your Data.

5. Your Personal Information

a. KATOOMI treats your Personal Information as highly confidential both to you and to our operations. KATOOMI does not sell, trade, rent or furnish your Personal Information to anyone.

b. Notwithstanding the foregoing, KATOOMI may need to disclose your Personal Information to comply with any applicable law, regulation, legal process or enforceable governmental request.

6. Confidential Information

a. Definition. “Confidential Information” with respect to KATOOMI means KATOOMI’s system methods and system design; with respect to you means your Personal Information and Data.

b. Permitted Disclosure. The Party receiving Confidential Information shall keep it in confidence at all times and in perpetuity.

7. Interruptions in Services

KATOOMI will use reasonable commercial efforts to provide 99.9% availability of the Services calculated on a monthly basis.

8. Customer Support

a. Critical Problems. Support for Critical Problems is provided immediately during business hours and within 48 hours.

b. Minor Problems. Support for Minor Problems is provided during Normal Business Hours.

9. Billing

a. Invoices. Holders of Customer Accounts will be billed for all services furnished to that Customer Account.

b. Overdue Payments. Any payment not made before the end of the month is subject to overdue payment charges.

10. Modifications and Changes

a. Modifications. KATOOMI may modify this Agreement by changing, eliminating or adding any term or condition.

b. Changes in or Termination of Services. KATOOMI may, in its sole discretion, change the Services or terminate this Agreement.

11. Intellectual Property

KATOOMI retains all right, title and interest in and to the Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights.

12. KATOOMI’s Limited Warranty

a. Katoomi provides the services “as is” to the customer.

b. Katoomi makes no warranty of any kind, express or implied, with respect to the services.

13. Limitations on KATOOMI’s Liability

a. In no event shall KATOOMI be liable to customer or any third party for any indirect, special, remote or speculative damage.

b. The liability of KATOOMI shall be limited to direct damages not exceeding one hundred ($100) dollars.

14. Indemnification by Customer

Customer shall and hereby does indemnify, defend and hold harmless KATOOMI from and against any and all claims arising out of Customer’s use of the Services.

15. Construction

a. Amendments in Writing. No amendment to or modification of this Agreement shall be valid except as provided in section 10.

b. Assignment. Customer may not transfer or assign this Agreement without KATOOMI’s prior written consent.

c. Governing Law. This Agreement shall be governed by the laws of the State of South Carolina.

Katoomi Apps Terms of Conditions updated July 1, 2025.