Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Hummingbird Technologies LLC ("Hummingbird," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using our APIs, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Hummingbird provides application programming interfaces (APIs) that enable developers to access various data services, including but not limited to IP geolocation. Our services are provided through our website, dashboard, and API endpoints. We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

3. Account Registration

To use our services, you must create an account. When creating an account, you agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account. Accounts registered by bots or automated methods are not permitted.

4. API Keys and Security

Upon registration, you will receive API keys to access our services. You are responsible for:

• Keeping your API keys confidential and secure
• Not sharing API keys with unauthorized parties
• Rotating keys if you suspect they have been compromised
• All usage that occurs using your API keys

We recommend using environment variables and secure key management practices. Never embed API keys directly in client-side code or public repositories.

5. Fees and Payment

Pricing

Our services are offered through various subscription plans as described on our pricing page. Prices are listed in US dollars unless otherwise specified.

Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Your subscription will automatically renew unless cancelled
• We use Stripe to process payments securely
• You authorize us to charge your payment method for all applicable fees

Refunds

We offer refunds within 14 days of your initial subscription purchase if you are not satisfied with our services. After 14 days, fees are non-refundable. Refunds are not available for usage-based overages or partial billing periods.

Price Changes

We may modify our pricing with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle. Continued use after a price change constitutes acceptance of the new pricing.

6. Acceptable Use

Your use of our services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use our services for any unlawful purpose or in any way that violates these Terms or applicable law.

7. Rate Limits and Fair Use

Each subscription plan includes specific API request limits. You agree to operate within your plan's limits. We may implement rate limiting to ensure fair access for all users. Exceeding your plan's limits may result in throttled requests, additional charges, or account suspension.

8. Intellectual Property

Our Property

Hummingbird and its licensors retain all rights, title, and interest in our services, including all software, APIs, documentation, trademarks, and content. These Terms do not grant you any rights to use our trademarks or branding without prior written consent.

Your Property

You retain all rights to your data and applications that use our services. By using our services, you grant us a limited license to process your data solely to provide the services.

9. Data Accuracy

While we strive to provide accurate data, we do not guarantee the accuracy, completeness, or timeliness of any information provided through our APIs. Data is provided "as is" and you are responsible for validating data for your specific use case. We are not liable for decisions made based on data from our services.

10. Service Availability

We target 99.99% uptime for our services but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects service availability. We will provide reasonable advance notice for scheduled maintenance when possible.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMMINGBIRD 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. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HUMMINGBIRD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hummingbird and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

14. Termination

By You

You may cancel your subscription and close your account at any time through your dashboard or by contacting support.

By Us

We may suspend or terminate your access to our services immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment method fails and is not resolved within 7 days
• We are required to do so by law
• We discontinue the services (with reasonable notice)

Effect of Termination

Upon termination, your right to use our services ceases immediately. We may delete your account data after a reasonable retention period. Sections of these Terms that by their nature should survive termination will survive.

15. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through our services at least 30 days before they take effect. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Delaware.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Hummingbird.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

18. Contact Us

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