Terms of Service

1. Agreement to Terms

By accessing or using ubiera.io (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and ubiera.io ("we," "us," or "our"). We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the modified Terms.

2. Description of Service

ubiera.io provides a free, web-based IP address lookup service that:

• Displays your public IP address (IPv4 and/or IPv6).
• Shows approximate geographic location based on your IP address.
• Provides network information such as ISP and ASN.
• Displays your location on an interactive map.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to probe, scan, or test the vulnerability of the Service or any related system or network.
• Attempt to interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Use the Service to collect or harvest any personally identifiable information from other users.
• Use the Service for any commercial purpose without our prior written consent.
• Overload, flood, or spam the Service with excessive requests.

4. API Usage

If you access our Service programmatically (via API):

• You must implement reasonable rate limiting (recommended: no more than 1 request per second).
• You must not use the API for high-volume commercial applications without prior authorization.
• You must include appropriate caching to minimize unnecessary requests.
• We reserve the right to block or throttle access if we detect abusive usage patterns.

5. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by ubiera.io and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not:

• Copy, modify, or distribute the Service's source code without permission.
• Use our trademarks, logos, or branding without express written consent.
• Remove any copyright or proprietary notices from any content.

6. Third-Party Services

The Service uses third-party services including but not limited to:

• Cloudflare: For content delivery, security, and geolocation data.
• OpenStreetMap/CartoDB: For map tile display.
• Leaflet: For interactive map functionality.

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of any third-party services.

7. Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Service will be uninterrupted, timely, secure, or error-free.
• Warranties regarding the accuracy, reliability, or completeness of any information provided.
• Warranties that defects will be corrected.

7.1 Accuracy of Information

IP geolocation data is inherently approximate and may not reflect your actual physical location. The accuracy of location data varies based on numerous factors including:

• Your Internet Service Provider's network configuration.
• Use of VPNs, proxies, or other network intermediaries.
• Mobile network routing.
• Database update frequency.

You should not rely on this Service for any purpose requiring precise location data.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UBIERA.IO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of profits, revenue, data, or use.
• Any damages arising from your use or inability to use the Service.
• Any damages arising from unauthorized access to or alteration of your transmissions or data.
• Any damages arising from any third-party content or services.

This limitation applies regardless of the legal theory upon which the claim is based, whether we have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.

9. Indemnification

You agree to defend, indemnify, and hold harmless ubiera.io, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights.
• Any claim that your use of the Service caused damage to a third party.

10. Service Availability

We do not guarantee that the Service will be available at all times. We may:

• Suspend or discontinue the Service at any time without notice.
• Modify the Service's features or functionality.
• Implement usage limits or restrictions.
• Block access from certain IP addresses or regions.

We will not be liable for any modification, suspension, or discontinuation of the Service.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your information.

12. HIPAA Disclaimer

The Service is not designed, intended, or authorized for use in connection with any activity subject to the Health Insurance Portability and Accountability Act (HIPAA). You agree not to use the Service to store, transmit, or process any Protected Health Information (PHI) or electronic Protected Health Information (ePHI). We are not a Business Associate under HIPAA and will not enter into Business Associate Agreements.

13. CCPA Compliance

For California residents, we comply with the California Consumer Privacy Act (CCPA). As stated in our Privacy Policy:

• We do not sell personal information.
• We do not retain personal information beyond the immediate request/response cycle.
• You have the right to know, delete, and opt-out (though opt-out is not applicable as we do not sell data).

14. GDPR Compliance

For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR). As detailed in our Privacy Policy:

• We process minimal data necessary to provide the Service.
• We do not store personal data.
• You have rights including access, rectification, erasure, and data portability.
• Our legal basis for processing is legitimate interest and contract performance.

15. Governing Law and Jurisdiction

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

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. You waive any objection to venue in such courts.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@ubiera.io and attempt to resolve the dispute informally for at least 30 days.

16.2 Arbitration Agreement

If informal resolution fails, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ubiera.io regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

20. Contact Information

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

• Email: legal@ubiera.io
• Website: ubiera.io

21. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.