End User License Agreement (Mobile App)
This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and Umberly LLC (“Umberly” or “We”) governing the use of the Umberly mobile application (the “App”). By downloading, installing, or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use the App.
1. License Grant
Subject to your compliance with this Agreement, Umberly grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial purposes. You may not sublicense, distribute, or transfer the App to any third party.
2. Intellectual Property
The App and all related intellectual property rights are owned by Umberly and its licensors. You acknowledge that Umberly retains all right, title, and interest in the App, including any modifications or enhancements thereof.
3. Restrictions on Use
You agree not to:
a. Use the App for any unlawful or unauthorized purpose.
b. Modify, adapt, translate, reverse engineer, decompile, or disassemble the App.
c. Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the App.
d. Circumvent or bypass any security measures or usage rules embedded in the App.
e. Use the App in a manner that could damage, disable, overburden, or impair Umberly’s servers or networks.
f. Violate any applicable laws, regulations, or third-party rights while using the App.
4. Privacy
Umberly may collect, store, and use certain personal information and data from your use of the App. Our collection and use of your information are subject to our Privacy Policy, which is incorporated by reference into this Agreement.
5. Termination
Umberly may, in its sole discretion, terminate this Agreement and revoke your license to use the App at any time without notice. Upon termination, you must immediately cease all use of the App and delete it from your mobile device.
6. Disclaimer of Warranty
The App is provided “as is” without warranties of any kind, whether express or implied. Umberly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risks and responsibilities associated with the use of the App.
7. Limitation of Liability
To the extent permitted by law, Umberly shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the App, even if advised of the possibility of such damages.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and Umberly regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations.
10. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By using the Umberly mobile app, you acknowledge that you have read, understood, and agreed to be bound by this End User License Agreement.
Last updated: [Date]
If you have any questions or concerns regarding this Agreement, please contact us at info@umberly.com
Marketing Agreement (Mobile App)
[Marketing Partner]
Name:
Title:
Date:
Umberly LLC
Name: Officer or Authorized Representative
Title: Authorized Representative
Date: June 2023
Marketing Agreement for Umberly Mobile App
This Marketing Agreement (“Agreement”) is entered into between Umberly LLC (“Umberly”) and [Marketing Partner] (“Marketing Partner”) (collectively referred to as “Parties”) on the effective date of this Agreement.
1. Scope of Agreement
This Agreement establishes the terms and conditions under which Marketing Partner will promote and market the Umberly mobile app (“App”) to potential users.
2. Marketing Services
Marketing Partner agrees to perform the following marketing services:
a. Promote the App through various marketing channels, including but not limited to social media, online advertising, content marketing, and influencer marketing.
b. Create and distribute compelling marketing materials, such as graphics, videos, and written content, to generate awareness and interest in the App.
c. Implement marketing strategies to increase user acquisition and engagement.
d. Provide regular reports to Umberly regarding marketing activities and performance metrics.
3. Marketing Guidelines
Marketing Partner agrees to adhere to the following guidelines:
a. Conduct marketing activities in a professional and ethical manner, complying with all applicable laws and regulations.
b. Use accurate and truthful information when promoting the App, avoiding any false or misleading statements.
c. Obtain necessary permissions and rights for the use of any third-party content in marketing materials.
d. Respect Umberly’s brand guidelines and maintain consistency in messaging and visual presentation.
4. Compensation
The Parties shall agree upon the compensation structure and terms separately, which may include one or more of the following:
a. Flat fee: Marketing Partner will receive a predetermined fixed payment for the marketing services.
b. Performance-based: Marketing Partner’s compensation will be tied to specific performance metrics, such as user downloads or in-app conversions.
c. Commission: Marketing Partner will receive a commission based on a percentage of the revenue generated from users acquired through their marketing efforts.
5. Intellectual Property
Umberly retains all rights, title, and interest in its trademarks, logos, and any other intellectual property associated with the App. Marketing Partner acknowledges and agrees not to use Umberly’s intellectual property without prior written consent.
6. Confidentiality
During the term of this Agreement, both Parties may have access to confidential information of the other Party. Confidential information includes, but is not limited to, proprietary business information, marketing strategies, customer data, and financial information. The Parties agree to maintain the confidentiality of such information and not disclose it to any third party without the express written consent of the disclosing Party.
7. Term and Termination
This Agreement shall commence on the effective date and continue until terminated by either Party. Either Party may terminate this Agreement by providing written notice to the other Party. Upon termination, Marketing Partner shall immediately cease all marketing activities related to the App.
8. Independent Contractors
The Parties agree that their relationship is that of independent contractors. This Agreement does not create a partnership, joint venture, or agency relationship between the Parties.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior discussions, negotiations, and agreements.
By entering into this Agreement, the Parties acknowledge that they have read, understood, and agreed to be bound by its terms and conditions.
[Marketing Partner]
Name:
Title:
Date:
Umberly LLC
Name: Authorized Representative
Title: Officer or Authorized Representative
Date: June 2023
California Consumer protection act agreement
California Consumer Protection Act Agreement for Umberly Mobile App
This California Consumer Protection Act Agreement (“Agreement”) is entered into between Umberly LLC (“Umberly”) and users of the Umberly mobile app (“App”) (referred to as “Consumers”) on the effective date of this Agreement.
1. Collection and Use of Personal Information
Umberly collects and uses certain personal information from Consumers in accordance with the California Consumer Privacy Act (“CCPA”) and its regulations. The types of personal information collected, sources of collection, purposes of use, and categories of third parties with whom the information is shared are outlined in Umberly’s Privacy Policy.
2. Rights of California Consumers
California Consumers have the following rights under the CCPA:
a. Right to Know: Consumers have the right to request information about the categories of personal information collected, the sources of collection, the purposes of use, and the categories of third parties with whom the information is shared.
b. Right to Delete: Consumers have the right to request the deletion of their personal information collected by Umberly, subject to certain exceptions.
c. Right to Opt-Out: Consumers have the right to opt-out of the sale of their personal information, if applicable.
d. Right to Non-Discrimination: Umberly will not discriminate against Consumers for exercising their rights under the CCPA.
3. Exercising Your Rights
To exercise your rights as a California Consumer, you may submit a verifiable consumer request (“Request”) to Umberly through the contact details provided in the Privacy Policy. Umberly will verify the Request and respond within the timeframe required by law.
4. Authorized Agents
California Consumers may use an authorized agent to exercise their rights under the CCPA. Umberly may require the authorized agent to provide written permission from the Consumer and verify their own identity.
5. Non-Sale of Personal Information
Umberly does not sell personal information that it collects from Consumers, in accordance with the definition of “sale” under the CCPA. Umberly treats personal information as subject to a “do not sell” request.
6. Financial Incentives
Umberly may offer financial incentives to Consumers in exchange for the collection, sale, retention, or use of their personal information, subject to compliance with the CCPA. The details of such incentives, if applicable, will be provided in Umberly’s Privacy Policy.
7. Updates to the Agreement
Umberly reserves the right to update or modify this Agreement as necessary to comply with the CCPA or any other relevant laws. Any changes to the Agreement will be communicated to Consumers through the App or other appropriate means.
By using the Umberly mobile app, Consumers acknowledge that they have read, understood, and agreed to the terms and conditions of this Agreement.
[Umberly LLC]
Name: Authorized Representative
Title: Officer or Authorized Representative
Date: June 2023
Marketing Disclaimer(Mobile App)
The following marketing disclaimer applies to your use of the Umberly mobile app (“App”). Please read this disclaimer carefully before accessing or utilizing any marketing materials, promotions, or advertisements provided within the App.
1. Marketing Information: The marketing materials, promotions, and advertisements displayed within the App are provided for informational purposes only. While we strive to ensure the accuracy and timeliness of the information presented, we make no representations or warranties of any kind, express or implied, about the completeness, reliability, suitability, or availability of the marketing content.
2. Third-Party Content: The App may contain marketing content created by third parties, including but not limited to advertisements, links to external websites, and promotional offers. We do not endorse, guarantee, or assume responsibility for the accuracy, legality, or quality of such third-party content. Any reliance you place on the information provided within these marketing materials is strictly at your own risk.
3. User Responsibility: It is your responsibility to exercise due diligence and use your judgment when engaging with the marketing materials, promotions, or advertisements presented within the App. We recommend independently verifying any information, claims, or offers before making any decisions or taking any actions based on the provided content.
4. No Endorsement: The inclusion of any marketing content within the App does not imply endorsement or recommendation by Umberly LLC unless explicitly stated. We disclaim any liability for any loss or damage incurred as a result of your reliance on the information provided within the marketing materials or interactions with third-party entities.
5. Changes to Marketing Content: We reserve the right to modify, update, or remove any marketing materials, promotions, or advertisements within the App without prior notice. We shall not be liable for any consequences arising from the unavailability, removal, or modification of any marketing content.
6. Personal Responsibility: Your use of the App and engagement with the marketing materials is entirely at your own risk. It is your responsibility to assess the suitability, accuracy, and legality of the information and offers presented within the App before making any decisions or taking any actions.
By accessing and using the Umberly mobile app, you acknowledge that you have read, understood, and agreed to this Marketing Disclaimer. If you do not agree with any part of this disclaimer, please refrain from using the App or engaging with the marketing materials provided within it.
This Marketing Disclaimer is subject to change without prior notice. It is your responsibility to review this disclaimer periodically for any updates or modifications.
Last updated: [Date]
Terms of Service (Mobile App)
[Umberly Mobile App] Terms of Service
Please read these Terms of Service (“Terms”) carefully before accessing or using the Umberly mobile app (“App”) provided by Umberly LLC (“we,” “us,” or “our”). These Terms govern your use of the App, including any updates, enhancements, or new features added to the App over time. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using the App.
1. App Usage and Restrictions:
a. You must be at least [age] years old to use the App. By accessing and using the App, you represent that you meet the minimum age requirement.
b. You agree to use the App for lawful purposes and in compliance with all applicable laws and regulations.
c. You shall not modify, reverse engineer, decompile, or disassemble the App or attempt to gain unauthorized access to any portion of the App.
2. Intellectual Property:
a. All intellectual property rights related to the App, including but not limited to trademarks, logos, graphics, and content, are owned by Umberly LLC or its licensors.
b. You may not use, reproduce, distribute, or modify any content from the App without prior written permission from Umberly LLC.
3. User Content:
a. You may have the opportunity to submit or post content within the App, including but not limited to reviews, comments, and feedback (“User Content”).
b. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in connection with the App.
c. You represent and warrant that you own or have the necessary rights and permissions to submit User Content and that the User Content does not violate any third-party rights or applicable laws.
4. Privacy:
a. We collect and process personal information in accordance with our Privacy Policy. By using the App, you consent to our collection and processing of personal information as described in the Privacy Policy.
5. Disclaimers and Limitation of Liability:
a. The App is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
b. We do not warrant that the App will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected.
c. In no event shall Umberly LLC be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the App.
6. Indemnification:
a. You agree to indemnify, defend, and hold Umberly LLC harmless from any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the App or any violation of these Terms.
7. Governing Law:
a. These Terms shall be governed by and construed in accordance with the laws of the state of [State], United States, without regard to its conflict of law provisions.
8. Modifications:
a. We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms within the App. Your continued use of the App after the posting of any changes constitutes your acceptance of the modified Terms.
9. Termination:
a. We may terminate or suspend your access to the App at any time without prior notice and for any reason.
10. Severability:
a. If any provision of these Terms is found to be invalid or un
enforceable, the remaining provisions shall remain in full force and effect.
These Terms of Service constitute the entire agreement between you and Umberly LLC regarding your use of the App and supersede any prior agreements or understandings.
If you have any questions or concerns about these Terms, please contact us at [contact information].
Last updated: June 2023
Copyright Service and Trademark Disclaimer (Mobile App)
Copyright Service and Trademark Disclaimer
1. Copyright Service:
a. The Umberly mobile app and all its contents, including but not limited to text, graphics, logos, images, icons, audio clips, digital downloads, and software, are the property of Umberly LLC and are protected by copyright laws.
b. Users are prohibited from copying, distributing, modifying, or reproducing any content from the Umberly mobile app without prior written permission from Umberly LLC.
2. Trademark Disclaimer:
a. Umberly, the Umberly logo, and other trademarks, service marks, graphics, and logos used in connection with the Umberly mobile app are the trademarks of Umberly LLC.
b. Any third-party trademarks, service marks, graphics, and logos used in the Umberly mobile app are the property of their respective owners.
c. Use of any trademarks, service marks, graphics, or logos displayed in the Umberly mobile app does not imply endorsement, sponsorship, or affiliation with Umberly LLC or vice versa.
3. Intellectual Property Infringement:
a. Umberly LLC respects the intellectual property rights of others. If you believe that any content in the Umberly mobile app infringes upon your intellectual property rights, please notify us immediately.
b. In accordance with applicable laws, Umberly LLC will investigate any reported infringement and take appropriate actions, including the removal or disabling of infringing content.
4. User Responsibility:
a. Users of the Umberly mobile app are solely responsible for their use of copyrighted materials and adherence to trademark laws.
b. Users shall not use the Umberly mobile app to infringe upon the intellectual property rights of others.
5. Reporting Copyright or Trademark Infringement:
a. If you believe that your copyrighted work or trademark has been infringed upon in the Umberly mobile app, please contact us immediately with the following information:
– Your name, address, telephone number, and email address
– A description of the copyrighted work or trademark that has been infringed
– The location of the infringing material within the Umberly mobile app
– A statement that you have a good-faith belief that the use of the copyrighted work or trademark is not authorized by the owner or the law
– A statement, under penalty of perjury, that the information provided is accurate and that you are the owner or authorized to act on behalf of the owner
Please direct all copyright or trademark infringement reports and inquiries to:
Umberly LLC
info@Umberly.com
By using the Umberly mobile app, you acknowledge and agree to abide by the Copyright Service and Trademark Disclaimer outlined above.