Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Ibero Logistics, LLC ("Ibero.pro," "we," "us," or "our") governing your access to and use of the Ibero.pro cargo tracking software platform and related services (collectively, the "Service").

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Service Description

Ibero.pro provides a Software-as-a-Service (SaaS) platform for real-time cargo tracking with blockchain verification. The Service includes:

• IoT device data ingestion and processing
• Real-time shipment visibility and tracking
• Blockchain anchoring of telemetry data via Polygon network
• API access for integration with third-party systems
• Alert notifications and exception management
• Reporting and analytics dashboards

Specific features and capabilities vary by subscription tier as described in our pricing documentation or applicable order form.

3. User Obligations

You agree to:

• Maintain the confidentiality of your account credentials
• Restrict access to authorized users within your organization
• Ensure all IoT devices used with the Service comply with applicable regulations
• Provide accurate and complete shipment information
• Use the Service only for lawful purposes consistent with these Terms
• Notify us immediately of any unauthorized access or security breach

You may not:

• Reverse engineer, decompile, or disassemble the Service
• Access the Service to build a competitive product or service
• Use the Service to transmit malicious code or interfere with security
• Exceed authorized usage limits or rate restrictions
• Resell, sublicense, or distribute access to the Service

4. Intellectual Property

Ibero.pro retains all right, title, and interest in and to the Service, including all software, algorithms, documentation, trademarks, and other intellectual property. Nothing in these Terms grants you any ownership rights in the Service.

Customer Data (as defined below) remains your property. You grant Ibero.pro a limited license to process Customer Data solely for providing the Service.

5. Fees and Payment

Subscription fees are as specified in your order form or pricing documentation. All fees are:

• Payable annually in advance unless otherwise agreed
• Non-refundable except as expressly stated in these Terms
• Subject to adjustment upon renewal with 30 days notice

Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

6. Blockchain Disclaimer

THE SERVICE INCLUDES BLOCKCHAIN ANCHORING FUNCTIONALITY THAT RECORDS CRYPTOGRAPHIC HASHES OF SHIPMENT DATA TO THE POLYGON NETWORK. YOU ACKNOWLEDGE AND AGREE THAT:

• BLOCKCHAIN RECORDS ARE IMMUTABLE AND CANNOT BE DELETED OR MODIFIED ONCE CONFIRMED
• IBERO.PRO DOES NOT CONTROL THE POLYGON NETWORK OR ITS OPERATORS
• BLOCKCHAIN ANCHORING PROVES DATA INTEGRITY AT INGESTION TIME BUT DOES NOT GUARANTEE ACCURACY OF SOURCE DATA
• CUSTOMER IS RESPONSIBLE FOR ENSURING IoT DEVICE INTEGRITY AND DATA QUALITY
• GAS FEES FOR BLOCKCHAIN TRANSACTIONS ARE INCLUDED IN SUBSCRIPTION FEES

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and use it only for purposes of performing under these Terms. Confidential Information includes pricing, technical specifications, business plans, and Customer Data.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or rightfully received from third parties without restriction.

8. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS 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 THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IBERO.PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO IBERO.PRO IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

Customer agrees to indemnify and hold harmless Ibero.pro from claims arising out of Customer's use of the Service, violation of these Terms, or infringement of third-party rights by Customer Data.

Ibero.pro agrees to indemnify Customer from claims alleging that the Service infringes third-party intellectual property rights.

11. Term and Termination

These Terms commence on the date you first access the Service and continue until terminated. Either party may terminate:

• For convenience: Upon 30 days written notice (subject to payment obligations)
• For cause: Immediately upon material breach if not cured within 15 days
• Immediately: If the other party becomes insolvent or files for bankruptcy

Upon termination, Customer's right to access the Service ceases immediately. Customer may request export of Customer Data within 30 days of termination.

12. Governing Law

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

Any dispute arising out of these Terms shall be resolved exclusively in the state or federal courts located in Marion County, Indiana. Each party consents to personal jurisdiction in such courts.

13. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.

Amendments: We may modify these Terms at any time. Continued use after modifications constitutes acceptance. Material changes will be communicated via email or prominent notice.

Assignment: Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with merger, acquisition, or sale of assets.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver.

14. Contact Information