TERMS AND CONDITIONS OF WEBSITE USE

In Simple Terms

Welcome to our website https://www.accumulator.co (the “Website” or “Site”) owned and operated by Accumulator Operations LLC, a Delaware Limited Liability Company, hereafter referred to in these Terms of Service as “Accumulator”, “us”, “our” or “we”. These Terms of Service govern your use of the Accumulator Website.  

About Accumulator

Accumulator is a financial infrastructure powering liquidity in private tech. In a $6T private market where equity can stay locked for years, we create the rails that let private shares move long before IPO or exit. Our mission is to solve the liquidity trap: we help founders and shareholders manage wealth concentration risk and turn the “paper wealth” into real wealth – without selling or giving up upside.

Our Regulatory Status

Accumulator Management I, II, IV LLC (the “Investment Manager”) and the subsidiaries of Accumulator Holding LLC (the “Holding”) are not registered as investment advisers with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities authority. Neither the Investment Manager, the Holding, nor any affiliated fund is approved, endorsed, or supervised by the SEC or any state securities regulator.

Interests in Accumulator Pool I, II, IV L.P. (each, a “Fund” and collectively, the “Funds”) are offered solely through private, non-public placements and have not been registered under the Securities Act of 1933, as amended (the “Securities Act”), or under any state or other securities laws. Any such offering of interests is made only pursuant to an exemption from registration under the Securities Act and in compliance with applicable federal and state securities laws, including Regulation D.

The information contained on this Website is provided solely for general informational and background purposes regarding the Investment Manager, the Holding, the Funds, and their respective activities. The information is presented in summary form, does not purport to be complete, and is subject to change without notice.

Nothing contained on this Website constitutes or should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation or invitation with respect to any securities or investment interests of the Investment Manager, the Holding, or any Fund, in any jurisdiction. Any offer or solicitation relating to a Fund will be made only pursuant to confidential offering documents and only to persons with whom the Investment Manager or its affiliates have established a substantive, pre-existing relationship, in accordance with Rule 506(b) of Regulation D. Nothing on this Website shall form the basis of, or be relied upon in connection with, any contract, commitment, or investment decision.

No information contained on this Website is intended to constitute investment, legal, tax, or other advice, and no such information should be relied upon in making any investment decision. The information provided does not take into account the investment objectives, financial situation, or particular needs of any individual investor. Prospective investors should consult their own legal, tax, financial, and other professional advisers before making any investment decision.

Certain statements on this Website reflect opinions, beliefs, estimates, or forward-looking statements of the Investment Manager based on information available to it at the time such statements are made. Such statements involve known and unknown risks and uncertainties, and there can be no assurance that any expectations, projections, or objectives described herein will be achieved. Actual results may differ materially from those expressed or implied. No representation or warranty is made as to the accuracy or completeness of any such statements, and no obligation is undertaken to update or revise them. Neither the Investment Manager, the Holding, nor any Fund accepts responsibility for any reliance placed on the information contained herein.

Terms of Service

Unless otherwise specified, all references to our services include the content, applications, files, features, functionality, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof offered on or through the Site (collectively the “Services”), whether as a visitor or a user. The term “user”, “you” or “your” refers to the user of our Site and our Services. The following Terms of Service are a legally binding contract between you and Accumulator regarding your use of the Website and Services.  

Please read the following Terms of Service (the “Terms” or “Agreement”) carefully before accessing or using any of the Services. By using the Site or by clicking to accept or agree to the Terms of Service and Privacy Policy when this option is made available to you, you, and if you are acting on behalf of a third party, such third party, accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy. If you do not agree to be bound by all of these Terms, you may not access or use our Services. We may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using the Website otherwise you will be constructively deemed to have accepted the changes.

In addition, certain areas of the Services may be subject to additional Terms and Conditions that we have made available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms and Conditions applicable to such areas. In the event that any of the additional Terms and Conditions governing such area conflict with this Agreement, the additional Terms and Conditions will control.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Eligibility for Our Services
   • By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts, including this Agreement. We reserve the right to request documented proof of your compliance with these terms of eligibility.
   • If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

2. Our Services
   
   1. Upon usage of the Website, a user may now or in the future be presented with the specific legal terms relating to any specific Services. These terms must be accepted by using Clickwrap or a similar procedure. Clickwrap is a type of legally binding digital agreement where you show your acceptance by clicking a button like “I Agree,” “Accept,” or “Continue” after being presented with these terms.
   2. The software, content, Services and products available in, or through our Website are for your personal use only. You may not sell or resell any of our content, Services, software or products we provide to you or which you otherwise receive from us.  
   3. Any modifications and new features added to the Services are also subject to this Agreement.
   4. You are responsible for both:
   5. • Making all arrangements necessary for you to have access to the Site and its Services.
      
      
      • Ensuring that all persons who access the Site or Services through your internet connection are aware of these Terms of Service and comply with them.
   6. Accumulator reserves the right to modify the Services or any feature or functionality thereof at any time without notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or Services, or the entire Site, to users. All right, title and interest in and to the Services and its components will remain with and belong exclusively to Accumulator.

3. Accounts and Registration

1. To access our specific Services users may be required now or in the future to register for an account and electronically accept the applicable terms. When you register for an account, you may be required to provide us with some information about yourself including, but not limited to, your name, business title, date of birth, e-mail address, business name and physical address.

4. Your Information

1. If you provide your information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity.  

2. We have the right to disable any user, at any time if, in our reasonable opinion, you have violated any provision of these Terms of Service.

3. Our collection, use and disclosure of your information is governed by this Agreement and our Privacy Policy which you may access at Privacy Policy.

5. Services Management

1. If you have been issued (now or in the future) an account by Accumulator in connection with your use of the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Accumulator, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Accumulator immediately.

2. As a function of providing our Services, including through “Get in Touch” forms or similar communication tools, Accumulator may send notices to the email address or, where applicable, text messages to your mobile phone entered through “Get in Touch” form on the Website. Until you change it, you represent to us that your email address and, where applicable, mobile phone number and your contact details are current and accurate.

3. We reserve the right to modify, suspend or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.  

4. We reserve the right to refuse to permit access to the Services to anyone for any reason at any time.

6. Your License, Access and Use of our Services; Prohibited Uses of Site

1. Subject to your continued compliance with this Agreement, Accumulator grants you, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use Accumulator Website and Services solely for your personal and business use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.

2. Your right to access and use our Services is personal to you, or your business entity, and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.  

3. The rights granted to you in these Terms are subject to the following restrictions. You shall not to use the Site:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

2. To create internet “links” or “frame” or “mirror” any content of the Site, on any other server or wireless or internet-based device;

3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

5. To impersonate or attempt to impersonate Accumulator, an Accumulator employee, an Accumulator contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Accumulator or users of the Site, or expose them to liability;

7. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

8. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

9. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;

10. Use any device, software, or routine that interferes with the proper working of the Site;

11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

13. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

14. Otherwise attempt to interfere with the proper working of the Site.  

4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information from our Services. 

5. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your purchases or use of the Services.

7. Suspension and Termination of Services

1. Accumulator may limit, suspend, or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, or if you use the Services in a way that causes legal liability to us or disrupts use of the Services by other users.  

2. Accumulator may also suspend the Services to you if we are investigating suspected misconduct by you. Accumulator will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.

8. Information Accuracy

1. We attempt to ensure that information on our Services is complete, accurate and current. Despite our best efforts, the information on our Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Services.  

2. Furthermore, information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.

9. No Solicitation; Independent Due Diligence

You acknowledge and agree that our Services and any content contained in our Services and on this Website shall not be construed as: (a) an offer or solicitation of an offer to purchase or sell any security, or invest in any other asset; (b) legal, tax, investment, or financial advice, or an offer to provide such advice; or (c) a recommendation or basis for making any investment decision. Users are solely responsible for conducting their own due diligence and consulting with qualified legal, tax, and financial advisors before making any investment or business decisions based on information accessed through the Services.

10. Proprietary Rights

As between Accumulator and you, Accumulator, or its licensors, own and reserve all right, title and interest in, and to, the Services and all software, hardware and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Services or software is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Accumulator.

11. Intellectual Property Rights

1. Our names, graphics, videos, logos, avatars, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Accumulator or licensed to us. You may not use the Proprietary Marks without our prior written permission.  

2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services including, without limitation, those owned by any participating merchants accessible via our Website. Any third-party names, copyrights, trademarks, and service marks are the property of their respective owners, and users may not use them without independently obtaining a right to do so from the owner.  

3. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by Accumulator, or otherwise licensed to us by Our Content suppliers.  

4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).  

5. All software used on, or within our Website or Services is our property, or the property of our software vendors, and is protected by United States and international copyright laws. Viewing, reading, printing, listening to, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.

6. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

12. Use of Our Content

1. We grant you a limited, revocable, non-sub licensable, non-exclusive, license to access, print, download or otherwise make personal use of Our Content and the Collective Work displayed on our Website for your personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.  

2. You may not modify Our Content or the Collective Work displayed on our Website or utilize it for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.

13. Interruption of Services

1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, inability to access a network to connect to the internet from your location, the malfunction of your or our equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.  

2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

14. Third Party Links and Affiliates; Products, Services and Content

Our Services may now or in the future contain features, services and functionalities linking you to, or providing you with, access to third-party products, merchandise, services, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, and the Internet as a whole. In certain instances, we may have an Affiliate relationship with these third parties and receive compensation from the operator of the third-party website by virtue of your clicking to, or making a purchase on, that site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any products, merchandise, services, content, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you are thereafter subject to, agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability.  

15. Electronic Communications

1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically. 

2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Third Party Networking

Accumulator may now, or in the future, support sign-on from third-party networking sites to make it easier for you to use the Website. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. If you access our Services through a third party networking site or application you agree that you have read the third party networking site Terms of Service and Privacy Policy, authorize Accumulator to access and store certain information about you that is made available through that third party networking site, and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.

17. Security

Violating the security of our Services is prohibited and may result in criminal and civil liability. Accumulator may investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

18. Privacy and Your Personal Information

For information about Accumulator data protection practices and privacy policies, please read our Privacy Policy here: Privacy Policy. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with Accumulator’s Privacy Policy.

19. Copyright and Intellectual Property Policy

We respect the intellectual property rights of others. We reserve the right to remove any content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property rights, and/or terminate, discontinue, suspend and/or restrict ability to visit and/or use the Services. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

2. Identification of the copyrighted work that you claim has been infringed.

3. Identification of the material that is claimed to be infringing and where it is located on the Services.

4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: legal@accumulator.co.

20. Disclaimers; No Warranties

1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ACCUMULATOR SERVICES IS AT YOUR SOLE RISK, AND YOU ASSUME ALL SUCH RISK. ALL SERVICES, SOFTWARE AND PRODUCTS AVAILABLE FROM ACCUMULATOR ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCUMULATOR AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “ACCUMULATOR PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. ACCUMULATOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH OUR SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

3. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

1. THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS,

2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR

3. THE QUALITY OF ANY SERVICES, INFORMATION OR PRODUCTS OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.

4. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER FAULTS, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, INFORMATION OR PRODUCTS ON THIS SITE, INCLUDING THE DESCRIPTIONS AND PRICES OF ANY PROMOTIONAL OFFERS, SERVICES OR OTHER PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.

5. THE ACCUMULATOR PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

6. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICES.

7. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME.

8. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. No Guarantees

THE RESULTING CONTENT GENERATED BY ACCUMULATOR'S SERVICES AND TOOLS IS BASED ON ALGORITHMS AND MAY NOT ALWAYS ALIGN WITH YOUR SPECIFIC GOALS OR MEET INDUSTRY STANDARDS. ACCUMULATOR MAKES NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, LEGALITY, OR APPROPRIATENESS OF ANY GENERATED RESULTS.

22. Limitation of Liability

1. YOUR USE OF THE ACCUMULATOR SERVICES IS AT YOUR SOLE RISK AND IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, REVENUE OR ANY PERSONAL INJURY TO YOU OR OTHERS, OR AS A DIRECT OR INDIRECT RESULT OF:

1. YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS;

2. YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT;

3. YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON;

4. YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR

5. YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS, INCLUDING PROMOTIONAL OFFERS, PURCHASED IN, RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.

3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

4. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ACCUMULATOR AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AMOUNTS PAID BY THE USER TO ACCUMULATOR DURING THE THREE (3) MONTHS PRECEDING THE DATE UPON WHICH A CLAIM AROSE.

5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

7. NOTHING IN THESE TERMS LIMITS LIABILITY WHERE SUCH LIMITATION IS NOT PERMITTED BY LAW.

23. Indemnity

1. You agree that you will be personally responsible for your use of the Services and you further agree to defend, indemnify and hold harmless Accumulator and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with  

1. your access to, use of, or alleged use of the Services;  

2. your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;  

3. your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others;  

4. your violation of any third party right, including without limitation publicity, confidentiality, or privacy right;  

5. any serious physical or emotional harm, to you or any third party resulting from your use of the Services.  

2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

24. Release

1. IN EXCHANGE FOR YOUR RIGHT TO USE THE SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ACCUMULATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, INCLUDING, WITHOUT LIMITATION, ANY SERIOUS EMOTIONAL OR PHYSICAL HARM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF OUR WEBSITE AND SERVICES, AND ANY PRODUCTS OR MERCHANDISE RECEIVED OR PURCHASED THROUGH THE USE OF OUR SERVICES.

2. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

25. Governing Law and Jurisdiction

1. All matters relating to the Site and these Terms of Service, and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision, except where mandatory applicable laws apply.  

2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. Our Remedies

1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. 

2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Delaware. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.

27. Law Enforcement

1. Accumulator is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Accumulator receives a request for user information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

2. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Accumulator may disclose user information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Accumulator will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.  

28. Statutory Rights; Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.

29. Confidentiality

Confidential information (the “Confidential Information”) means information belonging to or in the possession or control of a party (the “Disclosing Party”), which is of a confidential, proprietary, or trade secret nature, and that is not readily available to the general public. Confidential Information will remain the property of Disclosing Party. The party receiving the Confidential Information (the “Receiving Party”) will preserve and protect all Disclosing Party’s Confidential Information and will not disclose the existence, source, or content of Confidential Information, except to its employees or subcontractors with a need to know and under obligation of confidentiality at least as stringent as those under this Agreement. Receiving Party will not use any of Disclosing Party’s Confidential Information except in relation to the Receiving Party’s Services, and then only to the extent necessary for the Receiving Party's internal business purposes.  

30. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

31. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

32. No Waiver

No waiver by Accumulator of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Accumulator to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

33. Term and Termination

These Terms shall remain in full force and effect while you use the Website Services.

34. Entire Understanding

This Terms of Service Agreement, the Privacy Policy, digitally accepted by you, represents the entire understanding and agreement between you and Accumulator regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

CONTACT US:

If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at legal@accumulator.co or mail us here:

Accumulator Operations LLC

382 NE 191st Street, Suite 99105,  

Miami, FL 33179-3899, USA

Last updated: April 07, 2026