End user license Agreement
End-User License Agreement (EULA) for Umberly Website
This End-User License Agreement (“EULA”) is a legal agreement between you (referred to as “End User” or “you”) and Umberly (referred to as “Licensor” or “we”) for the use of the Umberly website (referred to as the “Website”). By accessing or using the Website, you agree to be bound by the terms and conditions of this EULA. If you do not agree with these terms and conditions, you must not use the Website.
1. License Grant
Subject to your compliance with this EULA, Licensor grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes only. You may not sublicense, distribute, sell, or lease any part of the Website.
2. Intellectual Property
The Website, including but not limited to its design, text, graphics, logos, images, and software, is the intellectual property of Licensor and is protected by copyright and other intellectual property laws. You acknowledge that all rights, title, and interest in the Website belong to Licensor.
3. Restrictions on Use
You agree to use the Website only for lawful purposes and in accordance with this EULA. You must not:
a) Copy, modify, or create derivative works of the Website;
b) Reverse engineer, decompile, or disassemble any portion of the Website;
c) Remove or modify any proprietary notices or labels on the Website;
d) Use the Website to transmit any harmful, unlawful, or inappropriate content;
e) Interfere with or disrupt the integrity or performance of the Website;
f) Attempt to gain unauthorized access to the Website or its related systems.
4. Disclaimer of Warranty
The Website is provided “as is” without any warranties or representations, express or implied. Licensor disclaims all warranties, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Website will be error-free or uninterrupted, or that any defects will be corrected.
5. Limitation of Liability
In no event shall Licensor be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use or performance of the Website, even if Licensor has been advised of the possibility of such damages. Your sole remedy against Licensor for dissatisfaction with the Website or any content is to stop using the Website.
6. Indemnification
You agree to indemnify, defend, and hold Licensor harmless from any claims, liabilities, damages, losses, or expenses, including attorneys’ fees, arising out of or in connection with your use of the Website or any violation of this EULA.
7. Termination
Licensor may terminate this EULA at any time without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Website and destroy any copies of the Website in your possession.
8. Governing Law
This EULA shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
9. Entire Agreement
This EULA constitutes the entire agreement between you and Licensor regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements.
By using the Umberly website, you acknowledge that you have read, understood, and agreed to the terms and conditions of this End-User License Agreement.
Website Terms of Use
Website Terms of Use for Umberly
These Website Terms of Use (“Terms”) govern your use of the Umberly website (referred to as the “Website”). Please read these Terms carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.
1. Acceptance of Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions that may apply. If you do not agree to these Terms, you may not use the Website.
2. Intellectual Property
The Website and its content, including but not limited to text, graphics, logos, images, and software, are the intellectual property of Umberly and are protected by copyright and other intellectual property laws. You acknowledge and agree that all rights, title, and interest in the Website belong to Umberly. You may not modify, reproduce, distribute, or create derivative works based on the Website without prior written consent from Umberly.
3. Website Use
a) You may use the Website for lawful purposes and in accordance with these Terms.
b) You may not use the Website in any manner that could disable, damage, or impair the Website or interfere with any other party’s use of the Website.
c) You may not attempt to gain unauthorized access to any part of the Website or its related systems.
d) You may not use the Website to transmit any unauthorized or harmful content, including but not limited to viruses, malware, or any material that infringes on intellectual property rights or violates any applicable laws or regulations.
e) You may not use the Website to collect or harvest any personally identifiable information of other users.
4. Disclaimer of Warranty
The Website is provided “as is” without any warranties or representations, express or implied. Umberly disclaims all warranties, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Umberly does not warrant that the Website will be error-free or uninterrupted, or that any defects will be corrected.
5. Limitation of Liability
In no event shall Umberly be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use or performance of the Website, even if Umberly has been advised of the possibility of such damages. Your sole remedy against Umberly for dissatisfaction with the Website or any content is to stop using the Website.
6. External Links
The Website may contain links to third-party websites or resources. These links are provided for your convenience and do not imply any endorsement or responsibility by Umberly for the content, products, or services offered by such third parties. Umberly shall not be liable for any damages or losses arising from your use of these third-party websites or resources.
7. Modifications to the Website and Terms
Umberly reserves the right to modify, suspend, or discontinue the Website, or any part thereof, with or without notice. Umberly also reserves the right to modify these Terms at any time. Your continued use of the Website after any modifications to the Terms constitutes your acceptance of the modified Terms.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
9. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall
California Consumer protection act agreement
Umberly LLC California Privacy Policy
Last updated on June, 2023
This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).
Umberly LLC. (“Umberly”) collects and shares the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
| Category of Personal Information | Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI |
| 1. Identifiers(e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging | Umberly affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of Umberly; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging |
| 2. Personal Records(e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging | Umberly affiliates; Service Professionals; Vendors | Performing services on behalf of Umberly; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging |
| 3. Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
| 4. Customer Account Details / Commercial Information(e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging | Umberly affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging |
| 5. Internet Usage Information(e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly’s services; security; fraud prevention; marketing; debugging |
| 6. Sensory Data(e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving Umberly services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
| 7. Inferences from PI Collected(e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving Umberly’s services | Vendors | Performing services on behalf of Umberly; processing and managing interactions and transactions; quality assurance; improving Umberly services; security; fraud prevention; marketing; debugging |
In addition, Umberly LLC (“Umberly”) may collect, use, and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
Umberly does not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a “do not sell” request. Please note that there is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. For more information about your choices regarding certain kinds of online interest-based advertising, please refer to Umberly’s Privacy Policy under the heading “Ad Choices” (or click here). Please note that we do not represent that these third-party tools, programs, or statements are complete or accurate.
While some browsers may have signals that may be characterized as “do not track” signals, we do not currently recognize them as expressing a “do not sell” request. We understand that various parties are developing “do not sell” signals, and we may recognize certain such signals if we determine that a program is appropriate.
California Consumers have the right to exercise their privacy rights under the CCPA. You may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify that you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow-up inquiries we may make.
Some personal information we maintain about Consumers may not be sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee or refuse to act upon a request if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your right to request deletion of your PI, you may send a request by email (including the email address that you have used to transact with Umberly) to [info@umberly.com].
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with Umberly) to [info@umberly.com](mailto:privacy-info@umberly.com):
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months or a statement that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months or a statement that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with Umberly) to privacy-info@umberly.com.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request. Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your PI as permitted by the CCPA, which can result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program, and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above, so please check them regularly.
Marketing Disclaimer
The following Marketing Disclaimer (“Disclaimer”) applies to the use of the Umberly website (referred to as the “Website”). By accessing or using the Website, you agree to be bound by this Disclaimer. If you do not agree with any part of this Disclaimer, you must not use the Website.
1. General Information
The content provided on the Umberly Website is for informational purposes only and should not be considered as professional advice or an endorsement of any products, services, or businesses unless explicitly stated otherwise. The information presented on the Website is subject to change without notice.
2. Accuracy and Completeness
While we strive to provide accurate and up-to-date information on the Website, we make no representations or warranties of any kind, express or implied, about the accuracy, reliability, suitability, or completeness of the content. Any reliance you place on the information provided is at your own risk.
3. Third-Party Links and Endorsements
The Website may contain links to third-party websites or resources. These links are provided for your convenience and do not signify any endorsement or recommendation by Umberly. We have no control over the content, products, or services offered by these third parties, and we are not responsible for any damages or losses arising from your use of these external websites or resources.
4. Personal Responsibility
The information provided on the Website is intended for general informational purposes only. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information or content provided. Any actions you take based on the information presented on the Website are at your own discretion and risk.
5. No Guarantees
Umberly makes no guarantees or warranties regarding the results that may be obtained from using the information or services provided on the Website. We do not guarantee the accuracy, reliability, or suitability of any marketing strategies, techniques, or recommendations mentioned on the Website.
6. Consultation and Professional Advice
For personalized advice or recommendations related to marketing strategies, techniques, or any other specific matters, we recommend consulting with a qualified professional in the relevant field. The content provided on the Website should not be considered a substitute for professional advice or consultation.
7. Limitation of Liability
In no event shall Umberly be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use or performance of the Website or the information provided. Your use of the Website is at your own risk.
8. Modifications to the Disclaimer
Umberly reserves the right to modify or update this Disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any modifications to the Disclaimer constitutes your acceptance of the revised Disclaimer.
By accessing and using the Umberly website, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Marketing Disclaimer.
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TERMS OF SERVICE
Effective Date: [June 2023]
These Terms of Service (“Agreement”) govern your use of the Umberly website (“Website”) provided by [Your Company Name] (“Company”). By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree to these terms, please refrain from using the Website.
1. Acceptance of Terms
By using the Website, you acknowledge that you have read, understood, and agree to comply with this Agreement, as well as any additional guidelines and rules provided by the Company.
2. User Conduct
You agree to use the Website in compliance with all applicable laws and regulations. You will not engage in any activities that may interfere with or disrupt the functioning of the Website or infringe upon the rights of others.
3. Intellectual Property
The Website and its contents, including but not limited to text, graphics, logos, images, and software, are the property of the Company and are protected by intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content without prior written consent from the Company.
4. Third-Party Links
The Website may contain links to third-party websites or resources that are not owned or controlled by the Company. The Company is not responsible for the content or availability of these external sites and does not endorse or warrant their accuracy. Your interactions with such third parties are solely at your own risk.
5. Limitation of Liability
In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Website or its content. This includes any damages resulting from reliance on information obtained through the Website.
6. Indemnification
You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, costs, or expenses arising out of your use of the Website, violation of this Agreement, or infringement of any third-party rights.
7. Modifications and Termination
The Company reserves the right to modify or terminate the Website, or any portion thereof, at any time without prior notice. The Company may also modify this Agreement by posting updated terms on the Website. Continued use of the Website after any such changes shall constitute your consent to such modifications.
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 legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in California.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website and supersedes any prior or contemporaneous understandings.
If you have any questions or concerns about this Agreement, please contact us at info@umberly.
Copyright Service Disclaimer
The content and materials provided on the Umberly website, including but not limited to text, graphics, images, logos, and software, are protected by copyright laws and are the property of Umberly LLC or its licensors. All rights are reserved.
You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any information or content obtained from the Umberly website without the prior written consent of Umberly LLC.
Trademark Disclaimer:
Umberly and its logo are trademarks of Umberly LLC. All other trademarks, logos, and service marks displayed on the Umberly website are the property of their respective owners.
Use of the Umberly trademarks without the prior written consent of Umberly LLC is strictly prohibited. Any unauthorized use of the trademarks or other materials on the Umberly website may violate copyright, trademark, and other laws.
Please note that the information provided in this disclaimer is for general informational purposes only and should not be construed as legal advice. For specific legal advice regarding copyrights and trademarks, it is recommended to consult with a qualified attorney.