Terms of Service

1. Acceptance of Terms

By accessing or using the Earthquake Globe website at earthquakes.site (the "Website") or the Earthquake Globe iOS application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

The Service is operated by Nikita Spitsyn, an individual entrepreneur (the "Operator"), distributed under the brand Supafast. These Terms constitute a legally binding agreement between you and the Operator.

If you are using the App, you must also comply with the Apple Media Services Terms and Conditions, as the App is distributed through the Apple App Store.

2. Service Description

Earthquake Globe is an informational service that aggregates and displays publicly available earthquake data sourced from the U.S. Geological Survey (USGS) Earthquake Hazards Program. The Service provides:

• Visualization of recent seismic events on an interactive map;
• Filtering of events by magnitude, time period, and geographic radius;
• Optional push notification alerts for earthquake events above a user-selected magnitude threshold;
• General educational and contextual information about seismic activity.

The Service is provided free of charge and does not require registration, subscription, or payment.

3. Critical Safety Disclaimer

Data displayed by the Service is subject to delay, transmission error, or omission. Earthquake events may appear in the Service later than they occur, or may not appear at all. The magnitude, depth, location, and other parameters of earthquake events are preliminary estimates that may be revised by USGS at any time.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT APPROPRIATE FOR EMERGENCY PLANNING, STRUCTURAL SAFETY DECISIONS, INSURANCE CLAIMS, EVACUATION PLANNING, OR ANY OTHER PURPOSE WHERE ACCURACY, COMPLETENESS, OR TIMELINESS IS CRITICAL TO SAFETY OR FINANCIAL LOSS.

4. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OPERATOR SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES THAT ANY INFORMATION PROVIDED IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR TIMELY;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the foregoing exclusions apply to the greatest extent permitted by applicable law.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION:

• Loss of life or personal injury;
• Damage to property;
• Loss of revenue, profit, goodwill, data, or business opportunities;
• Cost of substitute goods or services;
• Damages arising from reliance on information obtained through the Service;
• Damages arising from delayed, inaccurate, incomplete, or missing earthquake data;
• Damages resulting from failure to receive a push notification alert;
• Damages arising from interruption, suspension, or termination of the Service.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. BECAUSE THE SERVICE IS PROVIDED FREE OF CHARGE, THIS MEANS THE OPERATOR'S MAXIMUM LIABILITY TO YOU IS ZERO DOLLARS ($0.00 USD).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, these limitations apply to the greatest extent permitted by law.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all 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;
• Your use or misuse of the Service;
• Your reliance on data or information provided by the Service;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party rights.

7. Intellectual Property

The Service — including but not limited to the App, Website, source code, design, interface, text, graphics, logos, and original content — is owned by the Operator and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, sublicense, or otherwise exploit any portion of the Service without the Operator's prior written consent.

Earthquake data displayed by the Service is sourced from the USGS Earthquake Hazards Program and is in the public domain under U.S. law. Use of USGS data is subject to USGS policies at usgs.gov/policies-and-notices.

8. Acceptable Use

You agree not to use the Service to:

• Scrape, crawl, or systematically extract data from the Website or App via automated means without prior written permission;
• Probe, scan, or test the security or vulnerabilities of the Service or any associated infrastructure;
• Interfere with or disrupt the integrity or performance of the Service;
• Transmit any code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
• Use the Service for any unlawful purpose or in violation of any applicable regulation;
• Reverse-engineer, decompile, or disassemble any portion of the App, except and only to the extent permitted by applicable law;
• Remove, alter, or obscure any proprietary notices in the Service.

9. Third-Party Services and Data

The Service relies on third-party data sources and services. The Operator does not control and is not responsible for the content, accuracy, availability, or policies of any third-party service referenced in or used by the Service, including USGS, Apple, Vercel, and Sentry.

Links to third-party websites or services do not constitute an endorsement of those sites or services. Your use of third-party services is governed by their respective terms of service and privacy policies.

10. Termination

The Operator reserves the right to suspend or terminate access to the Service, in whole or in part, at any time and for any reason, without notice or liability to you. Upon termination, your right to use the Service immediately ceases.

The Operator may also modify, suspend, or discontinue the Service (or any part thereof) at any time without notice. The Operator is not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Russian Federation, without regard to its conflict-of-law principles.

For users located outside the Russian Federation, to the extent that mandatory consumer protection laws of your country of residence apply, those laws shall not be displaced by these Terms where they provide you with greater protection.

Any dispute not resolved by mutual agreement or the dispute resolution process below shall be submitted to the competent courts of the Russian Federation.

12. Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact the Operator at contact@qualtir.com and make a good-faith effort to resolve the dispute informally. The Operator will attempt to resolve the dispute within 30 days of receiving notice.

If the dispute is not resolved within 30 days, it shall be finally settled by binding arbitration administered under the rules of an internationally recognized arbitration institution to be mutually agreed upon, except where applicable law prohibits arbitration of consumer disputes. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm.

You agree that you may only bring claims against the Operator in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding.

13. EU / UK Consumer Rights

If you are a consumer located in the European Union or the United Kingdom, you may have rights under applicable consumer protection legislation that cannot be excluded or limited by these Terms, including the EU Consumer Rights Directive (2011/83/EU) and the UK Consumer Rights Act 2015. Nothing in these Terms is intended to limit those statutory rights.

EU consumers may also use the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr to resolve disputes.

14. Force Majeure

The Operator is not liable for any failure or delay in performing obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the Operator's reasonable control, including without limitation: natural disasters (including earthquakes), acts of God, war, terrorism, civil unrest, epidemic, pandemic, government actions, internet or network outages, third-party service failures, or any other event of force majeure.

For the avoidance of doubt, because the Service is specifically designed to display earthquake data, an actual earthquake event that causes disruption to the Service does not constitute a breach of these Terms.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy at earthquakes.site/privacy/, constitute the entire agreement between you and the Operator regarding the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

The Operator's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17. Changes to These Terms

The Operator reserves the right to modify these Terms at any time. If changes are material, the Operator will update the "Last updated" date at the top of this page and, where practicable, provide additional notice. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those Terms.

If you do not agree to the revised Terms, you must stop using the Service and, if applicable, uninstall the App.

18. Contact

For questions about these Terms:

Email: contact@qualtir.com
Subject line: "Terms of Service — Earthquake Globe"