Last updated: January 9, 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Black Umbrella mobile application (the "App") operated by Digital Warriors LLC ("us", "we", or "our").

Please read these Terms carefully before using the App. By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.  

2. Accessing the App

2.1 Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.  

2.2 Accounts  

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our App.  

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with our App or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  

3. Intellectual Property

The App and its original content, features, and functionality are and will remain the exclusive property of Digital Warriors LLC and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Digital Warriors LLC.  

4. User Content

4.1 User Responsibility

You are solely responsible for any content that you upload, post, or otherwise make available through the App ("User Content"). You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.  

All of your User Content will comply with these Terms.  

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Digital Warriors LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  

4.2 Our Right to Remove Content

We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the App.  

We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Digital Warriors LLC.  

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.  

Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms.  

4.3 No Obligation to Monitor

We are not obligated to monitor access to or use of the App or to review or edit any User Content, but we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.  

5. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.

To impersonate or attempt to impersonate Digital Warriors LLC, a Digital Warriors LLC employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).  

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm Digital Warriors LLC or users of the App or expose them to liability.  

Additionally, you agree not to:

Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.  

Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.  

Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.  

Use any device, software, or routine that interferes with the proper working of the App.  

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.  

Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the App.  

6. Disclaimer

The App is provided "AS IS" and "AS AVAILABLE" basis. Digital Warriors LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  

7. Limitation of Liability

In no event shall Digital Warriors LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  

8. Termination

We may terminate or suspend access to our App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.  

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.  

10. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.  

By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the App.  

11. Contact Us

If you have any questions about these Terms, please contact us:

By email: hello@blackumbrella.app

By phone number: +1 7866863928

By mail: 390 NE 191st St Suite 8234, Miami, FL 33179

Important Note:

This is a sample Terms of Service agreement and may not be suitable for all situations. You should consult with an attorney to ensure that your Terms of Service comply with all applicable laws and regulations. This policy does not constitute legal advice.