Terms of Use

Introduction

Welcome to Where's ibi?, a mobile application designed to provide users with an engaging and rewarding daily mystery and search game. The app is owned and operated by CompuTune, Inc., dba ibiana ("we," "us," or "our"). Please read these Terms carefully, as they contain important information about your rights and obligations, including limitations and exclusions that may apply to you.

By accessing, downloading, or using the Where's ibi? app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), as well as any additional guidelines, rules, or policies that may be applicable to specific features or sections within the app. If you do not agree with these Terms in their entirety, you must immediately cease using the app and delete it from your device. By continuing to use the app, you signify your acceptance of any changes or modifications to these Terms, which may be updated from time to time at our sole discretion. We encourage you to periodically review these Terms to stay informed about any changes or updates. Your continued use of the app after any such changes or updates signifies your acceptance of the revised Terms.

If you do not agree with the modified Terms, you must stop using the app and delete it from our device.

Account Registrations

There is no account registration process, and we don't ask for any identifiable information during a registration process. Simply download our app and begin playing today.

In-App Purchases

There are no in-app purchases, nor ads displayed in the Where's ibi? app. Simply play along each day without any purchase required.

Copyright & Trademark Policy

CompuTune, Inc. dba ibiana respects the intellectual property rights of others and expects its users to do the same. In accordance with applicable copyright and trademark laws, we have implemented a policy for responding to claims of intellectual property infringement, as described below.

1. ibiana Trademarks: All trademarks, service marks, and logos displayed on the app, including but not limited to the "ibiana" or "where's ibi?" name, logo, and any associated designs, are the exclusive property of ibiana or its licensors. You may not use, copy, reproduce, distribute, or display any of ibiana's trademarks without our prior written consent.

2. If you believe that any content available on ibiana infringes upon your copyright or trademark rights, you may submit a notification to us, providing the following information: a. Your full name, mailing address, telephone number, and email address; b. A description of the copyrighted or trademarked work that you claim has been infringed; c. A description of the infringing material, including its location on the app (e.g., a specific URL or user account); d. A statement, made under penalty of perjury, that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; e. A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner; and f. Your physical or electronic signature.

3. Upon receiving a valid notification of infringement, we will promptly remove or disable access to the allegedly infringing content and notify the user who posted or shared the content, in accordance with applicable laws. We reserve the right to terminate or suspend the accounts of users who repeatedly infringe upon the intellectual property rights of others.

4. If you believe that your content was removed or disabled in error or as a result of a misidentification, you may submit a counter-notification to us, providing the following information: a. Your full name, mailing address, telephone number, and email address; b. A description of the content that was removed or disabled, and its location on the app before it was removed or disabled; c. A statement, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification; d. A statement that you consent to the jurisdiction of the federal court in the district where you reside, or, if you reside outside the United States, for any judicial district in which ibiana may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person; and e. Your physical or electronic signature.

5. Upon receiving a valid counter-notification, we will promptly restore the removed or disabled content, unless we receive notice from the original complainant that a legal action has been filed seeking a court order to restrain the alleged infringement.

Please note that submitting false or misleading notifications or counter-notifications may result in legal liability. If you are unsure whether your rights have been infringed, or whether your content was removed in error, we recommend consulting an attorney before taking any action. To submit a notification or counter-notification, please contact us at [email protected].

Intellectual Property Rights

Ownership: All content, features, and functionality available on or through the Where's ibi? app, including but not limited to, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (collectively, "ibiana Content"), are the proprietary property of ibiana, its affiliates, licensors, or users, and are protected by

United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. All rights are reserved to the respective owners.

Limited License: Subject to your compliance with these terms and conditions, ibiana grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Where's ibi? app and the ibiana Content solely for your personal, non-commercial purposes. This license is revocable at any time without notice, and with or without cause. Restrictions: You agree not to:

1. Reproduce, modify, create derivative works from, publicly display, publicly perform, republish, distribute, or otherwise exploit the Where's ibi? app or any ibiana Content without the prior written consent of ibiana or the respective owner;

2. Remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on or within the Where's ibi? app or any ibiana Content;

3. Use the Where's ibi? app or ibiana Content for any commercial purpose, or for any public display, public performance, sale, rental, or distribution;

4. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Where's ibi? app or any part thereof, except to the extent expressly permitted by applicable law;

5. Remove, disable, or circumvent any security, digital rights management, or other technological features of the Where's ibi? app or any ibiana Content; or

6. Access or use the Where's ibi? app or any ibiana Content in a manner that infringes or violates the intellectual property

rights or other rights of ibiana, its affiliates, licensors, or users, or violates any applicable law or regulation.

Trademarks: The ibiana name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ibiana or its affiliates or licensors. You may not use such marks without the prior written permission of ibiana. All other names, logos, product and service names, designs, and slogans on the Where's ibi? app are the trademarks of their respective owners.

Limitation of Liability

To the fullest extent permissible under applicable law, neither ibiana nor its affiliates, licensors, directors, officers, employees, agents, or partners (collectively, the "ibiana Parties") shall be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data,

or other intangible losses (even if the ibiana Parties have been advised of the possibility of such damages), resulting from or relating to:

1. Your access to, use of, or inability to access or use the Where's ibi? app;

2. Any conduct or content of any third party on the Where's ibi? app, including but not limited to any defamatory,

offensive, or illegal conduct of other users or third parties;

3. Any content obtained from the Where's ibi? app, including but not limited to User Content;

4. Unauthorized access, use, or alteration of your transmissions, content, or data; or

5. Any other matter relating to the Where's ibi? app.

In the event that any provision limiting the liability of the ibiana Parties is found to be unenforceable, the total aggregate liability of the ibiana Parties for any and all claims arising out of or relating to these terms and conditions, the Where's ibi? app, or any related services shall be limited to the amount you have paid to ibiana for the use of the Where's ibi? app during the twelve (12) month period immediately preceding the event giving rise to the claim.

The imitations and exclusions of liability set forth in this section may not apply to you if your jurisdiction does not permit such exclusions or limitations. In such cases, the liability of the ibiana Parties shall be restricted to the maximum extent allowed by applicable law.

You acknowledge and agree that the limitations of liability established in this section are a fundamental aspect of the agreement between you and ibiana and that ibiana would not be able to provide the Where's ibi? app on an economically viable basis without these limitations.

Idemnification

You agree to indemnify, defend, and hold harmless ibiana, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, the "ibiana Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs) arising out of or in connection with:

1. Your access to or use of the Where's ibi? app;

2. Your violation or alleged violation of these Terms and Conditions, any applicable laws or regulations, or the rights of any third party, including, but not limited to, infringement of any intellectual property rights, privacy rights, or violation of any applicable data protection laws;

3. Your negligence, misconduct, or any other actions or omissions in connection with your use of the Where's ibi? app;

4. Any disputes or issues between you and any other user of the Where's ibi? app, or any third party; or

5. Any claims arising from the unauthorized use or disclosure of your account information, including, but not limited to, your username, password, or other account credentials. ibiana reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ibiana in asserting any available defenses. You shall not settle any claim or matter that is subject to indemnification by you without the prior written consent of ibiana.

This indemnification obligation will survive the termination or expiration of these Terms and Conditions and your use of the Where's ibi? app.

Governing Law

These Terms and Conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding between you and ibiana or any of the ibiana Parties relating to these Terms and Conditions shall be brought exclusively in a federal or state court of competent jurisdiction located in the State of Arizona , United States. You hereby consent and submit to the exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

Changes

ibiana reserves the right, in its sole discretion, to modify, amend, or update these Terms and Conditions at any time and for any reason, without prior notice. Such modifications, amendments, or updates shall be effective immediately upon posting on the Where's ibi? app or our website. Your continued use of the Where's ibi? app following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes. If you do not agree to any changes in the Terms and Conditions, you must discontinue your use of the Where's ibi? app. We encourage you to review these Terms and Conditions regularly to ensure you are aware of any updates or changes.

Third-Party Links

The Where's ibi? app may contain links to third-party websites, resources, or services that are not owned or controlled by ibiana. These links are provided for your convenience and reference only. We are not responsible for the content, products, or services available on any third-party websites, nor do we endorse or assume any responsibility for the accuracy, legality, or reliability of any information, content, or materials provided by these third parties.

When you access third-party websites or resources, you do so at your own risk. By using any third-party links provided in the Where's ibi? app, you acknowledge that you are solely responsible for any consequences arising from your use of such third-party websites or resources, and that ibiana shall have no liability or responsibility for any loss or damage that may result from your use of such third-party links.

We encourage you to carefully review the terms of service, privacy policies, and any other legal documentation of any third-party websites or resources that you access through the Where's ibi? app, as your use of these third-party websites or resources

will be subject to their respective terms and conditions.

Reporting Violations

If you believe that any user or content on the Where's ibi? app is in violation of these Terms and Conditions, our Community Guidelines, or any applicable laws, we encourage you to promptly report the violation to us. To report a violation, please contact us at [email protected] with the subject line "Violation Report" and provide the following information:

1. A description of the alleged violation, including the specific provision of the Terms and Conditions or Community Guidelines that you believe has been violated.

2. The username or other identifying information of the user responsible for the alleged violation.

3. A detailed description of the content that you believe constitutes the violation, including any relevant screenshots, images, or links to the content.

We take reports of violations seriously and will investigate each report to determine whether there has been a violation of our Terms and Conditions or Community Guidelines. Upon completing our investigation, we will take appropriate action,

which may include, but is not limited to, removing the content in question, issuing a warning to the user responsible, or suspending or terminating the user's account. We appreciate your assistance in maintaining a safe and welcoming environment within the Where's ibi? app.

Contact Information

If you have any questions or concerns regarding these Terms and Conditions, the Where's ibi? app, or any services provided through the app, please contact us through the following:

CompuTune, Inc., dba ibiana

P.O. Box 2152, Queen Creek, AZ 85142

Email: [email protected]

We will make every effort to address your concerns and inquiries promptly. Your feedback is important to us, and we value your input in improving our services and user experience.