Terms of Service
Umbegone is owned and operated by Data Crunch Corporation.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Umbegone, acceptance is expressly limited to these Terms.
Use of our Services requires a UMBEGONE account. You agree to provide us with complete and accurate information when you register for an account.
Need to add text for this section describing Umbegone and all of it’s various services such as Face to Face, Course Content, Virtual Points system, Messaging, Collaborations, etc.
Umbegone will provide Services including the following on its platform.
- Face to Face meetings
- Course Content Authoring and Management
- Virtual Point Systems
- User Management
Umbegone may, in its sole discretion, discontinue the Services, modify the features of the Services, or add Services from time to time without prior notice.
Umbegone may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Umbegone makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
Use of Services and Your Responsibilities
You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
- Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
- Your Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Umbegone and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Umbegone be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Umbegone is not responsible for any Content, Umbegone may delete any Content, at any time without notice to You, if Umbegone becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
- Recordings. You are responsible for compliance with all recording laws. The host can choose to record Umbegone meetings and Webinars. By using the Services, you are giving Umbegone consent to store recordings for any or all Umbegone meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar
- Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Umbegone’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Umbegone or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Umbegone‘s security systems. (ix) use the Services in violation of any Umbegone policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
- Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Umbegone. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
Payments & Subscriptions
UMBEGONE is a membership site and many of our Services require an active paid subscription – including Course Content, and Face to Face sessions (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which you will be charged for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We reserve the right to refuse service and cancel any subscription, without notice, from organizations that we deem, at our sole discretion, to be promoting what we consider vices (gambling, drug abuse, pornography, etc.) or hateful and/or discriminatory content. We also reserve the right to permanently remove, without notice, any content or assets uploaded to the site or a subsite that we deem, at our sole discretion, to be promoting what we consider vices (gambling, drug abuse, pornography, etc.) or hateful and/or discriminatory content.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
We may run promotions where virtual points can be exchanged for memberships, services, or items of value. We reserve the right to deny the use of virtual points or terminate accounts if you commit fraud or abuse the points system in any way.
If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting a request via support channels.
Refunds requested after the free trial period are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.
Your membership may include a free trial. We require you to provide your payment details to start a free trial. You will not be charged until the end of your free trial period.
Free trials are regulated by a few simple rules outlined below:
- Only one free trial is allowed per person or business ever. Creating a duplicate account in order to get multiple free trials is forbidden.
- When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly or yearly (whichever is applicable) basis until such time you cancel.
- By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.
You can cancel your free trial at any time from the manage sites page. If you cancel during your free trial, any updates, API services, and support will end immediately.
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components.
Support is provided by AI Chat and support forms unless otherwise expressly directed by an employee or contractor of Umbegone.
Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
You may grant our support team access to your sites in order to troubleshoot and resolve problems.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Umbegone of any unauthorized uses of your subsites, its account(s,) or any other breaches of security.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Our Services are provided “as is.” Umbegone and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Umbegone nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Raleigh, North Carolina.
In no event will Umbegone, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Umbegone under this Agreement during the twelve (12) month period prior to the cause of action. Umbegone shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.