Legal
OMBRUJA Terms of Service — Last updated: April 27, 2025
These terms, and the accompanying privacy policy at ombruja.com/pages/privacy, which is incorporated into and a part of these terms, govern the use of the Astrology by OMBRUJA app, the associated website at ombruja.com, and the associated tools and services. Collectively, the app, website, and the associated tools and services are referred to as the "Services" in these terms. The operator may offer other products and services. The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. The operator is not responsible for any transactions on other platforms and disclaims all liability for such transactions.
These terms include important provisions governing your use of the Services. These provisions affect such matters as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and your agreement to submit any dispute between us to binding arbitration. Before using the Services, make sure that you read and understand all of these terms and the accompanying privacy policy at ombruja.com/pages/privacy.
OMBRUJA LLC, a New York limited liability company, operates the Services. It and its affiliates are referred to in this document as the "operator," "we," or "us."
These terms include a number of especially important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the operator's legal liability to you in Limits on Liability, your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility, and an agreement about how to resolve disputes in Disputes.
Using the Services may require that you pay a fee to other users of the Services (such as merchants) or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas charges on the blockchain to perform a transaction. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the blockchain or Services before initiating such transaction.
Subject to these terms, the operator gives you permission to use the Services. You can't transfer your permission to anyone else. Others need to agree to these terms for themselves to use the Services.
Your permission to use the Services is subject to the following conditions: You must be at least 16 years old. You may no longer use the Services if the operator tells you that you may not. You must follow Acceptable Use and Content Standards.
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or by anyone who may be informed of information presented through the Services.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the operator. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Services may offer non-fungible tokens (NFTs) (a controllable electronic record recorded on a blockchain). "OMBRUJA NFT Art" means the image linked to a particular NFT. OMBRUJA NFT Art is digital in nature and does not include, is not linked to, and is not sold together with, any real or personal property. All intellectual property rights relating to a particular instance of OMBRUJA NFT Art are reserved by the original artist. You are granted a limited, perpetual license to use and display the OMBRUJA NFT Art for personal use only. This license is associated with the applicable NFT, and if the NFT is transferred, will automatically transfer to the new holder.
OMBRUJA NFTs may be available for purchase on one or more third-party platforms, such as OpenSea (each, a "NFT Marketplace"), which we do not operate. The access and use of the NFT Marketplace are subject to the separate terms of the NFT Marketplace.
Ownership of OMBRUJA NFTs. The operator grants you all personal property rights to their purchased OMBRUJA NFTs, including the right to freely sell, transfer, or dispose of purchased OMBRUJA NFTs. The operator does not grant you any copyright interest in the OMBRUJA NFT Art associated with any purchased NFT.
If you purchase an OMBRUJA NFT through the Services, any financial transactions that you engage in will be conducted solely through one or more cryptographic "blockchains." We have no insight into or control over any such payments or transactions, nor do we have the ability to reverse any transactions. We have no liability to you or to any third party, to the extent legally permissible, for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via any blockchain.
Blockchains require the payment of a transaction fee (a "Gas Fee") for every transaction. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee for each transaction.
The OMBRUJA NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the applicable blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within such blockchain network, which we do not control. The operator does not guarantee that we can effect the transfer of title or right in any OMBRUJA NFT. Purchaser bears full responsibility for verifying the identity, legitimacy, and authenticity of assets purchased through the NFT marketplace.
We are not responsible for any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the OMBRUJA NFTs. We are not responsible for losses due to any late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the OMBRUJA NFTs, including forks, technical node issues or any other issues. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
You may not break the law using the Services. If we determine that you have broken the law, we will revoke your access. You may not use or try to use anyone else's account on the Services (or to connect with anyone else's wallet) without their specific permission. You may not buy, sell, or otherwise trade usernames or other unique user or account identifiers on the Services. You may not make publicly available the personal information of other people using the Services. You may not send advertisements, chain letters, or other solicitations through the Services, or use the Services to gather addresses for distribution lists. You may not falsely imply that you're affiliated with or endorsed by the operator. You may not remove any marks showing proprietary ownership from materials you download from the Services. You may not disable, avoid, or circumvent any security or access restrictions of the Services. You may not strain infrastructure of the Services with an unreasonable volume of requests. You may not "screen scrape" or otherwise use any automated means to access the Services or collect any information from the services, except to index the public-facing portions for a search engine. You may not impersonate others through the Services. You may not reverse engineer or "decompile" any of the Services. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines. You may not encourage or help anyone in violation of these terms.
You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions. You may not have been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State. You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
By consenting to these terms, you authorize us and our service providers to contact and/or text you at the phone number you provided to us. This authorization includes using automated dialing technology or other technology to text you for non-marketing purposes, such as identity or Account login verification. You understand and agree that by consenting to receive non-marketing text messages, we may text you at the phone number you provided even if your number is registered on any state or federal do-not-call list.
We may modify or cancel our text messaging services or any of its features without notice. We do not charge for our text messaging services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. We may change any short code or telephone number we use to operate the Services at any time and will notify you of these changes. The wireless carriers supported by the Services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others. This includes, but is not limited to, conduct or content that is harassing, inappropriate, expressing racial or other bigotry, and/or abusive. You may not engage in conduct or submit content that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others. You may not submit content containing malicious computer code, such as computer viruses or spyware. You may not submit content as a mere placeholder to hold a particular address, username, or other unique identifier. You may not use the Services to disclose information from or about others that you don't have the right to disclose. The operator shall have the sole right to determine whether any of the provisions in this "Content Standards" section have been violated.
The operator may investigate and prosecute violations of these terms to the fullest legal extent. The operator may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms. The operator reserves the right to change, redact, and delete content on the Services for any reason. The operator may, at any time and in its sole discretion, refuse any transaction, impose limits, or impose any other conditions or restrictions upon your use of the Services, without prior notice. The operator may also make the Services unavailable at any time, in its sole discretion.
You agree to: provide accurate, current and complete information about you if requested by any registration or subscription forms on the Services or otherwise requested by the operator; maintain the security of your password and identification; maintain and promptly update any information you provide to the operator, to keep it accurate, current and complete; promptly notify the operator regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and be fully responsible for all use of your account on the Services and for any actions that take place using your account.
To provide the Services, the operator may use the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider: AWS, AstrologyAPI, Cloudflare, Coinbase, Farcaster, Google, Neynar, OpenSea, Privy, Segment, Sentry.io, Twitter, Vercel, and WalletConnect.
The operator is not obligated to review or edit any user-submitted content on the Services. Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the Services. Nothing in these terms gives you any ownership rights in the operator's content or intellectual property. Unless otherwise noted, the operator owns the intellectual property of the Services and all content it has posted. Between you and the operator, you remain solely responsible for content you submit to the Services.
Content you submit to the Services belongs to you, and you decide how to license it to others. But at a minimum, you license the operator to provide content that you submit to the Services to other users of the Services. That special license allows the operator to copy, publish, and analyze content you submit to the Services. When content you submit is removed from the Services, the operator's special license ends when the last copy disappears from the operator's backups, caches, and other systems.
Unless otherwise stated, the operator and/or its licensors own the intellectual property rights for all material in the Services. All intellectual property rights are reserved. You may view and/or access content in the Services for your own personal use subject to restrictions set in these terms and conditions. You may not republish, sell, rent, sub-license, reproduce, duplicate, or copy content from the Services, except with regard to your own content, or content to which you hold a suitably permissive license. You may not redistribute content from the Services unless such content is specifically designated for redistribution.
You agree to reimburse the operator for all the costs of legal claims by others related to your breach of these terms, or breach of these terms by others using your account. Both you and the operator agree to notify the other side of any legal claims as soon as possible. You agree to allow the operator to take over investigation, defense, and settlement of legal claims you would have to reimburse the operator for, and to cooperate with those efforts. The operator agrees not to enter any settlement that admits you were at fault or requires you to do anything without your permission.
You accept all risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims, and you expressly waive, any representations, conditions or warranties of any kind, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights.
You confirm that you accept all risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, staking, and transfers. You agree and acknowledge that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, or arising from disclosure of your personal wallet "key," even if such loss may be attributed to an error or "bug" in the Services. Losing control of your private key(s) will permanently and irreversibly deny you access to blockchain resources and your blockchain wallet. You acknowledge that the operator and its affiliates do not provide investment advice or a recommendation of securities or investments.
As far as the law allows, neither you nor the operator will be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.
The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one hundred US Dollars ($100.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller. Both you and the operator expressly agree not to seek damages in excess of any applicable limitation of liability stated in these Terms of Service.
You agree that you will defend, indemnify and hold harmless the operator, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
Either you or the operator may end this agreement at any time. When this agreement ends, your permission to use the Services also ends. If you violate any provision of this agreement for any reason, this agreement will automatically terminate and you must cease and desist from any further use of the Services. The following sections continue after this agreement ends: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.
The law of the State of New York, USA will govern these terms and all legal proceedings related to these terms or your use of the Services. We both agree that all disputes related to the Services under these terms will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS under JAMS' Comprehensive Arbitration Rules & Procedures. The JAMS rules are available at jamsadr.com. The arbitrator's judgment will be final and enforceable in any court of competent jurisdiction. The seat of the arbitration will be New York, New York, USA.
We both agree to maintain the confidential nature of any arbitration proceeding and any award. As a limited exception to the requirement for arbitration, both sides retain the right to seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of our intellectual property rights. Both sides waive their rights to trial by jury, and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.
If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written. You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services. These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.
You may notify the operator under these terms, and send questions to the operator, using the contact information below. The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the homepage of the Services or your account page.
The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services. Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the Services.
Questions about these Terms of Service?
support@ombruja.com