Terms of Service
Last updated: May 30, 2023
Welcome to the website and online store of Umbrel, Inc. ("Umbrel," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including Umbrel Home, umbrelOS, and the Umbrel App Store (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
Our Services are available to users who are at least 13 years old. By using our Services, you represent and warrant that you meet this age requirement. If you are under the age of majority in your jurisdiction, you may use our Services only with the involvement of a parent or guardian.
2. Intellectual Property
All content, trademarks, logos, and other intellectual property rights on our website and in our Services, including the apps developed by Umbrel and available in the Umbrel App Store, are the property of Umbrel or its licensors. Third-party apps available in the Umbrel App Store are the property of their respective owners, and we are not responsible for any intellectual property infringement by those apps. You may not use, reproduce, or distribute any such content or materials without our prior written consent, except as permitted by applicable law or, in the case of umbrelOS and its source code, the PolyForm Noncommercial 1.0 license, which can be found here. We will respond to any claims of intellectual property infringement in accordance with applicable laws, such as the Digital Millennium Copyright Act (DMCA) in the United States.
3. Prohibited Conduct
You agree not to engage in any of the following activities while using our Services:
Attempting to hack, disrupt, or compromise the security of our website or products;
Reverse engineering or analyzing our products, including Umbrel Home, with the intent of creating a similar product, especially by competitors;
Violating any applicable laws or regulations;
Using the Services for any illegal or unauthorized purpose;
Transmitting any viruses, malware, or other harmful code;
Harassing, threatening, or defaming other users or third parties;
Infringing upon the rights of others, including intellectual property rights.
4. Limitation of Liability
To the extent permitted by Delaware law, Umbrel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our Services. This includes any loss of data or unauthorized access to user data, as well as any issues arising from the use of third-party apps available in the Umbrel App Store. Umbrel's total liability for any claims arising from your use of the Services shall not exceed the amount paid by you for the Services.
5. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
7. Changes to These Terms
We reserve the right to modify or update these Terms at any time and for any reason. We will notify you of any changes by posting the new Terms on our website. You are responsible for periodically reviewing these Terms for updates. Your continued use of our Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
We may terminate your access to and use of our Services, if possible, at our sole discretion, at any time and without notice, for any reason, including but not limited to your breach of these Terms or applicable laws.
9. Warranty Disclaimer
Except for the limited warranty provided for Umbrel Home, as described in Section 10, our Services are provided "as is'' and "as available," without any warranties, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant the security, availability, or performance of the Services, and we are not responsible for any issues arising from the use of third-party apps available in the Umbrel App Store.
10. Force Majeure
Umbrel shall not be liable for any failure or delay in performing its obligations under these Terms due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, closures, government actions, or other force majeure events.
You agree to indemnify and hold harmless Umbrel, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights, including intellectual property rights.
12. DMCA Notice and Takedown Procedure
If you believe that any content available through our Services, including apps in the Umbrel App Store, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
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 the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receiving DMCA notices can be reached at email@example.com.
13. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us at firstname.lastname@example.org.