UMBO - The Future of Smart Homes

Terms & Conditions

These Terms of Service ("Terms") govern your access to and use of the Services, including our website (www.umbo.us), mobile application, operating system, API, email notifications, and widgets, (collectively, the "Services" or "Umbo"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You may use the Services, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.

You may use the Services only if you can form a binding contract with Umbo and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Umbo provides are always evolving and may change from time to time without prior notice to you. In addition, Umbo may stop (permanently or temporarily) providing the Services to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted or information on the Services, queries made through the Services, or other information.

By agreeing to these Terms of Service, you represent that you are at least 18 years old. You agree that you will not use our products or the Services for any illegal or unauthorized purpose nor to violate any laws in your jurisdiction (including but not limited to copyright laws). You also agree that you will not transmit any worms or viruses or any code of a malicious nature on the Services.

A breach or violation of any of the Terms may result in an immediate termination of your access to the Services.

2. Privacy

Any information that you provide to Umbo is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you these Services, we may need to provide you with certain communications. These communications are considered part of the Services and your Umbo account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of uppercase letters, lowercase letters, numbers and symbols) with your account. Umbo cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Integrations

You agree that the availability of integrations is dependent on the third-party applications. Each of these applications have their own terms and conditions you must agree with before downloading our Umbo App. If the terms of the applications conflict with these Terms, the more restrictive terms and conditions in these Terms apply.

5. Order Cancellation

You understand that you may cancel your order any time before your purchase ships and, if your payment has already been processed, receive a full refund.

6. Prices and Taxes

The prices for the Services will be as specified during checkout and in your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal for all typically applicable sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to your purchase from us. You are also responsible for any other taxes imposed by you in connection with your purchase and use of the Services.

7. Your Rights

Subject to the terms and conditions outlined in this Agreement, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your own personal or internal use. Umbo reserves all rights not expressly granted herein in the Services. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel, or otherwise.

8. Your License To Use the Services

Umbo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by these Terms.

9. Umbo Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Umbo and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Umbo name or any of the Umbo trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Umbo, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

10. Restrictions on Content and Use of the Services

We reserve the right at all times to remove or refuse to distribute any Content on the Services, to suspend or terminate users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Umbo, its users and the public.

Except as permitted through the Services, these Terms, or the terms provided on dev.umbo.us, you have to use the Umbo API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Umbo’s computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Umbo, unless you have been specifically allowed to do so in a separate agreement with Umbo (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Umbo is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying (excluding Content provided by users) information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

11. Copyright Policy

The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Umbo also reviews claims of trademark infringement. If you believe that materials hosted by Umbo infringe your copyright or trademark rights, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Service are covered by a single notification, a representative list of such suffices); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Umbo to locate the material on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Umbo will not respond to complaints that do not meet these requirements. If Umbo determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Umbo will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Umbo may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature.

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Attn: Copyright Agent

Umbo, Inc.

28 2nd Street, 3rd Floor,

San Francisco, CA 94104

Email: support@umbo.us

12. Termination

The Terms will continue to apply until terminated by either you or Umbo.

This Agreement is effective from the date on which you first access the Services and shall remain effective until terminated in accordance with its terms. Umbo may immediately terminate this Agreement as well as your access to and use of the Services, or any portion thereof, at any time and for any reason. Umbo may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease and you shall cease all use of the Services.

At any time, we have the right to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable for any modification, suspension, or cancellation of the Services, or any part thereof. Nothing in this Agreement shall be construed to require Umbo to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.

13. Indemnity

You agree to defend, indemnify, and hold Umbo, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.

14. Jurisdictional Issues

These Terms and any related action will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

15. Notice for California Users

Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

16. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Umbo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Umbo Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "As-Is"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE UMBO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Umbo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Umbo Entities or through the Services, will create any warranty not expressly made herein.

B. Third-Party Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Umbo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Umbo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UMBO ENTITIES 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UMBO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID UMBO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE UMBO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17. Entire Agreement

The failure of Umbo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

We may revise these Terms from time to time, the most current version will always be at www.umbo.us. By continuing access or using the Services after those revisions become effective, you agree to be bound by the revised Terms.

Effective Date: November 2nd, 2016.



Return Policy

Your experience is our top priority. If you’re unsatisfied with your purchase, for any reason, you may return your Umbo within thirty (30) days after your order’s date of delivery for a refund or exchange. For all returns accepted by Umbo, you will receive a refund based on your original form of payment. Note: Umbo will accept returns on any products purchased directly from Umbo, Inc (www.umbo.us), unless otherwise stated.

Restocking Fee

Unopened boxes, returned within thirty (30) days of delivery will receive a full refund with return shipping on us. Opened boxes, returned within thirty (30) days of delivery, and not eligible for a warranty return, will incur a $25 restocking fee but return shipping is on us. Some states do not allow restocking fees, so the above restocking fee may not apply to you.

Warranty & Exchanges

If your Umbo stops working and is determined by Umbo Support to be eligible for a warranty return, as defined by our warranty policy, we will help you exchange your Umbo. Please view our Warranty Policy here.

Return Process

Returns, exchanges, or warranty returns must include a Return Authorization (RA) which is obtained from Umbo Support. When you request a RA through Umbo Support, you will need to provide proof of purchase.

If your return authorization is approved, Umbo will provide you a shipping label for the purpose of returning the Umbo product, provided your shipping address is located within the Continental United States (excluding Alaska, Hawaii and U.S. Territories and Outlying Areas). If you are located outside of the Continental United States, you are responsible for returning the Product to Umbo, as well any associated costs.

RAs are valid for fifteen (15) days from the date they’re issued by Umbo Support. All products returned past fifteen (15) days from date the RA is issued may be returned to you at your expense. Notification to the email you provided will be sent if your return is not accepted. Any product returned to Umbo without a return authorization will be returned to you at your expense.

Return Eligibility

To be eligible for a return, your item must be in the same condition that you received it. It must also be in the original packaging. We will not refund or exchange any product that is damaged or missing parts for reasons not due to our error.

Please retain all packaging when you receive your Umbo in the unlikely event that a return or exchange is processed as returns must include the original box and all included accessories such as cable clips, mounts, carrying pouch, dial, setup guides, power cable, and Umbo display. We’ll inspect all returned merchandise and issue a refund or exchange once inspection is complete. Should anything be missing from your return or exchange you will be charged.

Umbo reserves the right to deny refunds for a returned item that does not comply with this policy.

Contact Us

If you need any assistance or have questions about our return policy, you can contact us by emailing us at: hola@umbo.us.