Terms of Service

1. Our Services

By using or accessing the Fireproof website (the "Website"), you agree to be bound and abide by the terms and conditions of these Terms of Use ("Terms"). If you do not agree to these Terms, you should not access or use the Website. All information provided by you in connection with the Website shall be subject to the Fireproof Privacy Policy.

2. Age and Eligibility

You certify that you are a person at least 13 years of age. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws. The Website may only be used or accessed through an electronic device controlled by you at all times.

3. Temporary Use License

For the time you are authorized to use the Services, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to your compliance with these Terms, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website on any computer or other device.

3.1. Fireproof shall own and retain all right, title, and interest in and to its Website(s) and related software, all improvements, enhancements, or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, you obtain no rights to the Website or Fireproof's intellectual property rights by implication, estoppel, or otherwise.

3.2. Your Content. You are solely responsible for all software, code, data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames and passwords associated with your account and for all activities that occur under your account. Fireproof reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you grant Fireproof a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, and perform Your Content only in connection with its provision of the Services and for security to protect the Services and third parties from fraud, malware, malicious files or content, viruses, and the like. You further agree that Fireproof may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all.

3.3. Fair Use. We will use commercially reasonable efforts to provide all plan levels with sufficient bandwidth, builds, and serverless function invocations that we determine are typical of projects at that plan level. We don't want you to worry about usage when hosting your Fireproof projects.

We will notify you if your usage is unreasonable, and we may shut down and terminate projects and accounts that are creating an unreasonable burden on our infrastructure and/or business operations.

4. Acceptable Use.

4.1.The Fireproof Services may only be used for lawful purposes.

4.2. Users shall not attempt to undermine the security or integrity of computing systems or networks of Fireproof, its partners, or any other person, and must not attempt to gain unauthorized access.

4.3. The network resources of Fireproof may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Fireproof.

4.4. Users must not introduce software or automated agents or scripts into Fireproof's website to produce multiple accounts, generate automated searches, requests, queries, or strip or mine content or data.

4.5.Except for permitted use of Fireproof's API, users must not access the website through automated methods, including robots or other computer code which calls the website.

4.6. Users shall not send unsolicited messages or use Fireproof Services to send unsolicited messages (also known as junk mail or SPAM).

4.7. Users must not interfere with or disrupt the Services or website, or create an undue burden on the networks or services connected to Fireproof's website.

4.8. Users must not perform any benchmark tests or analyses relating to Fireproof's website or Services without express permission from Fireproof.

4.9. Users shall not use the Services to host any protected health information or information subject to the Health Insurance Portability and Accountability Act, unless they first obtain Fireproof's prior written approval.

4.10. Users must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Fireproof Services or website, except where permitted by applicable law.

4.11. The network resources of Fireproof may not be used to misrepresent authorization to act on behalf of others or Fireproof. All messages transmitted via Fireproof should correctly identify the sender.

The final decision of whether an account is in violation of any of these acceptable use terms is at the sole discretion of Fireproof. You agree that violations of this Agreement by yourself or any person or entity acting under your account will, in addition to any other remedies including criminal prosecution, result in termination of your access to Fireproof's website and removal (taking down) of all projects and deployments. In addition, violation of these terms or any of Fireproof's policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on Fireproof's website and Services.

5. Etiquette.

Without limiting any terms of this Agreement, you shall not use the Services for, or in conjunction with, a website (including links from a website) that has any content that may be objectionable (as determined in Fireproof's sole discretion), abusive, profane, hate speech or violates any applicable law. You hereby agree to indemnify and hold Fireproof harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any third party claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services in a manner not authorized by this Agreement. Although Fireproof has no obligation to monitor your use of the Services, Fireproof may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. YOU ACKNOWLEDGE THAT FIREPROOF MAY DISABLE OR TERMINATE THE SERVICES IF FIREPROOF BELIEVES THERE IS ANY CONTENT THAT VIOLATES THIS AGREEMENT, INCLUDING THE ACCEPTABLE USE TERMS AND THE RESTRICTIONS ABOVE, PURSUANT TO FIREPROOF'S DMCA POLICY AND/OR AS REQUIRED BY FIREPROOF'S HOSTING PROVIDERS.

6. Security.

You acknowledge that the functioning of the Services, including Your Content, may involve unencrypted operations, such as (a) transmissions across various networks, (b) modifications to comply with and adapt to the technical requirements of connected networks or devices, and (c) transmission to Fireproof's third-party vendors and hosting partners for the provision of essential hardware, software, networking, storage, and related technology needed to operate and maintain the Services. As a result, you accept full responsibility for ensuring adequate security, protection, and backup of Your Content. Fireproof shall not be liable for any unauthorized access or use of Your Content arising from, in whole or in part, security vulnerabilities in your website or project, malicious content or malware within your website or project, or any corruption, deletion, destruction, or loss of Your Content.

7. Usage Restrictions.

You shall not, directly or indirectly: (i) sublicense, resell, rent, lease, transfer, assign, or commercially exploit the Services or make them accessible to any third party; (ii) reverse engineer, decompile, disassemble, or attempt to uncover the source code, object code, or underlying structure, ideas, know-how, or algorithms pertaining to the Services or any software, documentation, or data related to the Services (if reverse engineering is allowed by applicable law to achieve interoperability with Fireproof's services, request such information from Fireproof first); (iii) modify, translate, or create derivative works based on the Services (unless expressly permitted by Fireproof or authorized within the Services) or attempt to gain unauthorized access to the Services or associated systems or networks; (iv) use the Services for timesharing, service bureau purposes, or for the benefit of a third party; remove any proprietary notices or labels; (v) eliminate, alter, or obscure any proprietary rights notices (including copyright notices) of Fireproof or its suppliers within the Services or documentation; (vi) violate applicable laws or regulations (including, without limitation, data, privacy, or export control laws) or infringe the rights of any third party in connection with the use or access of the Services. You must comply with any codes of conduct, policies, or other notices Fireproof provides or publishes in relation to the Services, and promptly notify Fireproof of any security breach or issue related to the Services. You acknowledge that Fireproof may establish general practices and limits concerning the use of the Services, including, but not limited to, the maximum time that data, code, or other content will be retained by the Services, the maximum storage space allocated on Fireproof's servers on your behalf, and the maximum compute capacity for executing builds and functions and the maximum network data transfer by the Services. You also acknowledge that Fireproof reserves the right to modify these general practices and limits at its sole discretion. Fireproof's DMCA Policy is incorporated into this Agreement by reference.

8. Support.

In accordance with Fireproof's current Support Terms and Conditions, and subject to the terms herein, Fireproof may, but is not obligated to, provide you with commercially reasonable remote technical support services during Fireproof's regular business hours ("Support Services").

9. Electronic Communications.

By utilizing the Services, you consent to receiving electronic communications from Fireproof. These communications may include notices about fees and charges related to the Services, as well as transactional or other information pertaining to the Services. These electronic communications form part of your relationship with Fireproof and are received as part of your use of the Services. You agree that any notices, agreements, disclosures, or other communications that Fireproof sends electronically will fulfill any legal communication requirements, including the requirement that such communications be in writing.

10. Representations and Warranties.

10.1. Representations. You warrant and represent that (i) you own all Your Content or have secured all necessary permissions, releases, rights, or licenses to engage in posting and other activities (and to enable Fireproof to fulfill its obligations) in relation to the Services without obtaining additional releases or consents; (ii) Your Content and other activities concerning the Services, as well as Fireproof's exercise of all rights and licenses granted by you herein, will not infringe, violate, or misappropriate any third party's copyright, trademark, privacy or publicity rights, or any other personal or proprietary right, and Your Content is not defamatory, obscene, illegal, threatening, abusive, tortious, offensive, or harassing; and (iii) you will use the Services in compliance with Fireproof's standard published policies then in effect (the "Policy") and all applicable laws and regulations.

.10.2. Mutual Warranty. Each party warrants and represents to the other that it possesses the full right and authority to enter into and perform under this Agreement without any third-party consents or conflicts with any other agreement.

11. Indemnification.

You shall indemnify and hold harmless Fireproof against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any infringement or misappropriation claim related to your websites or any of Your Content, or your access, contribution to, use, or misuse of the Services. Fireproof will notify you of any such claim, suit, or demand. Fireproof reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In this case, you agree to cooperate with any reasonable requests to assist Fireproof's defense of such matter.

12. Confidentiality and Proprietary Rights.

Confidentiality. Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may disclose business, technical, product, or financial information or data related to the Disclosing Party's business ("Proprietary Information"). Fireproof's Proprietary Information includes non-public information about the Services' features, functionality, and performance. Your Proprietary Information includes non-public personal data provided to Fireproof for the delivery of Services and data you upload to the Services ("Your Data"). The Receiving Party agrees to: (i) take reasonable precautions to protect Proprietary Information, and (ii) not use or disclose to any third party any Proprietary Information, except for the provision of Services or as permitted herein. The Disclosing Party agrees that these obligations will not apply to any information after five (5) years from disclosure or any information the Receiving Party can document (a) is or becomes publicly available, (b) was already in its possession or known by it before receipt from the Disclosing Party, (c) was disclosed to it without confidentiality restrictions by a third party, or (d) was independently developed without using the Disclosing Party's Proprietary Information, as evidenced by internal files. If the Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Confidential Information, the Receiving Party must provide reasonable notice to the Disclosing Party to allow the Disclosing Party to seek a protective order or limit the disclosure of Confidential Information.

13.. Your Data Usage.

You shall retain all rights, title, and interest in Your Data. Fireproof may use and disclose Your Data solely to provide Services, protect the Services and third parties from fraud, illegal activities, malware, malicious files or content, viruses, and similar threats, and for no other purpose. Fireproof will not sell, disclose, or share Your Data with anyone else. Fireproof will implement and maintain reasonable information security policies and processes (including technical, administrative, and physical safeguards) designed to prevent unauthorized access, use, or disclosure of the Services or Your Data.

14. Fireproof Ownership.

Fireproof shall own and retain all rights, title, and interest in (a) the Services, including any improvements, enhancements, or modifications, and (b) all intellectual property rights related to the foregoing.

15. Feedback.

If you or any of your users provide suggestions to Fireproof regarding the Services, documentation, or other material or services provided or made available by Fireproof ("Feedback"), you grant Fireproof a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers) under all of your intellectual property rights, for Fireproof to use and exploit the Feedback in any manner and for any purpose.

16. Aggregate Data.

Fireproof may collect and analyze data and information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom). Fireproof is free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for development, diagnostic, and corrective purposes in connection with the Services and other Fireproof offerings, and (ii) disclose such data solely in aggregate or other de-identified forms in connection with its business.

17. Customer Name.

During this Agreement's term, you grant Fireproof a non-exclusive, royalty-free, fully-paid-up license to use and reproduce your trademarks, trade names, and logos in Fireproof's marketing materials and website(s) and to indicate that you are a Fireproof customer. Fireproof will comply with any written trademark usage guidelines you provide. All goodwill arising from the use of your trademarks, trade names, and logos shall benefit you. To decline this license, email privacy@fireproof.storage stating that you do not wish to be used as a reference.

18. Plans.

The Services will be provided based on the plan level you select. Fireproof offers a $1 or €1 per month membership plan, which grants access to the community forum and metered data services such as sync, indexing, and replication. Metered service costs are usage-based, with rates varying depending on the service and advertised independently. Additionally, Fireproof offers a $100 or €100 per month plan that includes private chat with Fireproof experts and a setup consultation package.

You may opt to upgrade or downgrade to any other plan level that Fireproof offers at any time during the period of your plan; however, a downgrade will not be effective until the next renewal date.

For paid subscription plans and additional services, you will be charged a fee and any applicable tax. Fees will be billed to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that Fireproof will automatically charge your credit card or other payment account on record with Fireproof in connection with your use of the Services.

You represent and warrant to Fireproof that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received or cannot be charged to your credit card or other payment account for any reason in advance, Fireproof reserves the right to either suspend or terminate your access to the Services and terminate this Agreement. All fees are non-refundable, except as expressly stated otherwise in this Agreement.

19. Payments.

All payments shall be made in either United States Dollars (USD) or Euros (EUR). You will pay all applicable taxes, duties, withholdings, backup withholding, and the like; when Fireproof has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Fireproof. If all or any part of any payment owed to Fireproof under this Agreement is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S., the European Union, or any such country, such payment shall be increased by the amount necessary to result in a net payment to Fireproof of the amounts otherwise payable under this Agreement. You will reimburse Fireproof for any pre-approved and agreed-upon costs. Fireproof may change its fees and payment terms at its discretion; provided, however, that such changes will not take effect for you until the start of the next payment period. Fireproof will provide written notice to you for any changes to the fees that affect the Services purchased by you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

20. Agreement Duration and Termination.

20.1Duration. Subject to earlier termination as provided below, the duration of this Agreement commences upon your acceptance and continues for as long as the Services are provided to you under this Agreement. The duration of your self-service subscription, and any Services purchased or added to your self-service subscription, shall automatically renew for successive terms equal in length to the initial term unless you cancel your self-service subscription prior to the renewal date. Any domain registrations will renew annually unless you remove the domain registration from your account at least thirty (30) days before the annual anniversary date of your purchase of the domain registration or unless your account is otherwise terminated.

You may terminate your account at any time by sending a cancellation request to Fireproof Support. Such termination will be effective at the start of the next billing or renewal period. Subject to earlier termination as provided below, Fireproof may terminate your account and this Agreement at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies Fireproof may have, Fireproof may also terminate this Agreement upon ten (10) days' notice (or two (2) days in the case of nonpayment), if you breach any of the terms or conditions of this Agreement. Fireproof may terminate your account and this Agreement immediately if you exceed any Fireproof limits concerning the use of the Services, including without limitation, the maximum period of time that data, code, or other content will be retained by the Services, the maximum storage space that will be allotted on Fireproof's servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You acknowledge that Fireproof reserves the right to terminate accounts that are inactive for an extended period of time and the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). All of Your Content on the Services (if any) may be permanently deleted by Fireproof upon any termination of your account at its sole discretion. If Fireproof terminates your account without cause and you have signed up for a self-service subscription, Fireproof will refund the pro-rated, unearned portion of any amount that you have prepaid to Fireproof for such Services. Upon termination, if requested by you within fourteen (14) days of the effective termination date, Fireproof will use commercially reasonable efforts to assist you in transferring any un-expired domain registrations to an alternative registrar of your choice.

20.2 Post-Termination Provisions.

All sections of this Agreement that should naturally survive termination will endure termination, including, without limitation, Sections 15.1 and 15.2, and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

20.3 Consequences of Termination.

Upon the termination of this Agreement for any reason: (i) the licenses granted under this Agreement concerning the Services shall immediately terminate, and you and your users shall cease the use of the Services; (ii) Fireproof will cease providing any Support Services; (iii) you shall pay Fireproof the full amount of any outstanding fees due under this Agreement; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with this Agreement.

21. Disclaimer.

THE SERVICES AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND FIREPROOF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIREPROOF DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES.

22. Limitation of Liability.

Limit of Liability and Waiver of Consequential Damages. EXCEPT FOR YOUR BREACH OF SECTIONS 10, 14, AND 15, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO FIREPROOF FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.

23. Limits. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, FIREPROOF'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

24. Miscellaneous.

Fireproof may update this Agreement with a 30-day notice, sent to your account's email address or posted here. The most recent version can be found here. The updated Agreement takes effect 30 days after notification, and using the Services after that date signifies acceptance. If you disagree with any changes, cease using the Services and contact Fireproof Support. If any provision is deemed unenforceable, the remaining provisions stay in effect. You may not assign or transfer this Agreement without Fireproof's prior written consent, but Fireproof may do so without restriction. Attempts to transfer or assign this Agreement against these terms are void. This Agreement constitutes the complete understanding between parties and supersedes prior agreements related to this subject. Amendments must be in writing, signed by both parties. Failure to enforce any provision is not a waiver. No agency, partnership, joint venture, or employment is created under this Agreement, and neither party has authority to bind the other. The prevailing party in legal actions to enforce this Agreement may recover costs and attorneys' fees. Notices must be in writing and are considered duly given upon receipt, depending on the delivery method.

Delays or failures in Fireproof's performance are not considered a default or grounds for damages if caused by events beyond reasonable control, including acts of God, terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with unexpected governmental orders, acts of war, rebellion, sabotage or damage, fires, floods, explosions, or riots.

25. Governing Law

These terms will be governed by and interpreted in accordance with California laws, excluding any conflict of law principles. You and Fireproof consent to the exclusive jurisdiction of state and federal courts in San Francisco County, California, for resolving all disputes.

26. Policies

You agree to use the Website in compliance with Fireproof's current policies (including Fireproof's Privacy Policy) and all applicable laws and regulations.

27. General

These Terms represent the entire and exclusive agreement between you and Fireproof regarding the use and access to the Website. You may not assign or transfer these Terms or your rights under them, in whole or in part, without Fireproof's prior written consent. Fireproof can assign these Terms at any time without notice. The failure to enforce any provision does not waive Fireproof's right to enforce it later, and a waiver of any breach or default doesn't imply a waiver of any subsequent breach or default or the provision itself. If any part of these Terms is deemed invalid or unenforceable, the unenforceable part will be given the greatest effect possible, and the remaining parts will remain in full force and effect.

28. Previews.

Fireproof may choose to offer specific Previews occasionally. Previews are supplied "AS-IS," "WITH ALL FAULTS," and "AS AVAILABLE." Fireproof's warranties, indemnities, and SLA terms do not apply to Previews, and Support Services are not provided for Previews. Fireproof reserves the right to modify, discontinue, or terminate your use of Previews at any time without prior notice. "Previews" refers to Services, releases, features, or functionalities made available for preview, pre-release, evaluation, demonstration, or similar purposes.

29. Contact Us

In order to resolve a complaint in regards to the Services or to get further information regarding the use of Services please contact us at privacy@fireproof.storage.

Last modified: April 11, 2023