Terms of Service

Thank you for joining Fireberry's family. We are delighted to have you on board and we hope that you will find our products and services useful to your business. 

Please read these Terms of Service ("the Terms" or "these Terms") carefully and thoroughly, as they are a legally binding agreement between you ("you" or "your"), the customer, and Fireberry software LTD ("Fireberry.com", "we", "us", "Fireberry" or "our") as of the effective date as defined below.

These Terms govern your use of Fireberry's website, mobile application, products, and Service(s), and your use of related website(s) that are controlled or operated by Fireberry (collectively referred to as the "Sites"), which link to these Terms.

By using Fireberry Sites, Service(s) and Additional Services you are automatically agreeing to our Privacy Policy Statement, our DPA and to these Terms, along with any other terms and policies referenced herein and/or posted here www.fireberry.com/legal.

If you agree to these Terms on behalf of your employer, or on behalf a legal entity, you hereby assert and confirm that you have the legal authority to bind your employer or such legal entity to these Terms; and that you agree and accept these Terms on behalf of your employer, or on behalf of such legal entity, in a way that shall bind your employer or such legal entity to these Terms. After agreeing to these Terms on behalf of your employer or on behalf of such legal entity, the term "you" and/or "your" shall also refer to your employer or such legal entity, as applicable.

If you don't agree to these Terms, or if you don't have the legal authority to bind your employer or the legal entity you represent, do not accept these Terms and you shall not be permitted to use Fireberrys' Sites, Service(s) and Additional Services. Please be aware that we reserve the right to ask for proof or confirmation that you are authorized and able to bind your employer or the legal entity you represent to these Terms.

We may add, modify and/or delete provisions of these Terms from time to time, at our discretion, and will notify you of any such material changes by posting a message to our Sites, and/or by sending you an email about any such changes. You are responsible to review any changes to these Terms after you are thus notified, by checking our Sites and these Terms on regular bases. Your continued use of our Sites, Service(s), and Additional Services, after we have made such changes and notified you, per these Terms, shall be deemed as your acceptance of any changes to these Terms.

1. Definitions

1.1 "Service(s)"

means any products and services owned and/or developed by Fireberry that are ordered by the Customer under an Order Form or by an online purchasing process, either paid or free, including, but not limited to, software systems, mobile applications, and/or any SaaS solution, including all functionalities, application programming interfaces, and tools offered as part of Fireberry's products and services.

1.2 "Authorized User" or " Users"

Means employees, consultants, agents, co-workers, and/or any other individual authorized to use Fireberry Service on behalf of you or your legal entity.

1.3 "Account"

means a unique account created by an individual or legal entity in connection to the Fireberry Service and/or Sites.

1.4 "Fireberry Customer" or "Customer"

Means any User (individual, group and/or legal entity) who opens an Account with Fireberry.

1.5 "User Profile"

Means a collection of settings and information, such as, but not limited to, photos, logos, first and last name, and nickname associated with an Authorized User in an Account.

1.6 "Administrator" or "Admin"

The User who is the first to set up an Account is automatically designated as the Account's Administrator and he or she will have special privileges and controls over the Account, such as, but not limited to: (A) managing access to the Account; (B) controlling use of the Account by other Authorized Users; (C) upgrading and/or downgrading the Fireberry Customers' Service(s); (D) deleting, removing, changing, and/or modifying Fireberry Customer's data; and (E) adding and/or replacing Account Administrators.

1.7 "Fireberry Materials"

Means any written, recorded, or informational product, editorial and/or feature articles, photographs, illustrations, guides, artwork, graphics materials of any kind, names, titles, logos, trademarks, application interface design, application programming interface and/or any other product unique to Fireberry as a legal entity that is part of, or connected to, Fireberry Sites and Services.

1.8 "Third-Party Services"

Means applications, products, services, tools, content, software code, software services, implementation, Additional Services, and/or materials that are offered or available to you from another authorized by Fireberry legal entity in connection with Fireberry Service(s) or Sites, or through the use of Fireberry Sites via link or by any other method.

1.9 "Order Form"

means any online, printed, or otherwise in-product form entered into between Fireberry and the Customer that stipulates and lists, including, but not limited to, the following: (A) Subscription Plan; (B) Subscription Term; (C) related fees.

1.10 "Subscription"

Means your right to use Fireberry Services and other additional Services as defined in these Terms.

1.11 "Subscription Plan"

means the Service provided in a Subscription for the Subscription Term specified in the Order Form.

1.12 "Subscription Term"

Means the period for which you are able to use or access the Fireberry Service(s), as specified and defined in the Order Form (monthly or yearly), including any additional renewals of such Term.

1.13 "Subscription Agreement"

Means your acceptance of these Terms and the terms specified and defined in the Subscription Plan by either completing our online subscription process, or by signing an Order Form, or by signing on a separate contract that links to these Terms and submitting it to Fireberry.

1.14 "Personal Data"

Means any non-confidential individual or entity information you provide to Fireberry with regard to your use of Fireberry Service(s), Sites and Additional Services.

1.15 "Customer Data"

Means any images, reports, personal information, files, attachments, or any other content transmitted, submitted, or uploaded by you and/or by any User(s) through our Service(s), Sites and Additional Services.

1.16 "Sensitive Data"

Means any information that is protected against unwarranted disclosure, including, but not limited to: Social Security or Tax Identification number, passport number, driver's license number, or similar identifier, credit or debit card number, financial information, bank account numbers or passwords, employment information, financial information, biographic information, and protected health information (HIPAA), or other private/confidential information that is specifically included in applicable legislation/regulation, such as, but not limited to, GDPR and Regulation 2016/679, Article 9(1) of the GDPR, or any other similar legislation/regulation.

1.17 "Free Trial"

Means fourteen (14)  days of access to Fireberry Service(s) without remittance or future obligation, as outlined in a specific Subscription Plan.

1.18 "PHI"

Means (A) "protected health information" as defined under 45 C.F.R. § 160.103; and (B) any other patient or health information protected under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), as well as the regulatory revisions implemented pursuant to the Health Information Technology for Economic and Clinical Health Act (the "HITECH ACT").

1.19 "API"

Stands for Application Programming Interface.

1.20 "Additional Services"

means professional services, including but not limited to, implementation, training, consulting, and/or other professional services that are ancillary to your Subscription and are provided by Fireberry to you, in accordance with the terms of a Subscription Agreement.

2. Account Creation, Use and Administrations

2.1 First Registration

To use Fireberry Service(s) and Additional Services, you must be at least 16 years old or above. You will be asked to create a unique Account, and register it under your name by providing, among other things, your email address, your first and last name and your telephone number. After you have completed the Account creation process, you shall be deemed a Fireberry Customer and you shall be considered as such until the end of the Subscription Term.

2.2 Required Information and User Verification

When creating a Fireberry Account, or when you are added as a User on an existing Account, you must provide accurate, complete and up-to-date information about you or the person or entity for whom you are creating the Account. Please be aware that it is your responsibility to modify and/or update, as needed, your Account information. Acceptance of these Terms acknowledges that failure to provide complete, accurate and up-to-date information, as mentioned above, may lead to an Account suspension as described and defined in section 7.4 of these Terms, or in some instances may lead to an Account cancelation, at the discretion of Fireberry.  Fireberry may require you to provide information that may be used to confirm your identity and to ensure that your Account, and your User Profile, are secure. In case of losing access to an Account, or when requesting information about the Account, we reserve the right to request from you, or from any Authorized User on your Account, any verification of identity that we deem necessary before restoring access to your Account or before divulging any information details about your Account.

2.3 Obligations and Responsibilities When Creating a new Account or When creating a new User Profile

When creating a new Fireberry Account, or when you are added as a User on an existing  Account, you hereby agree to: (A) be fully responsible for any activities that occur in your Account or under your User Profile (as applicable); (B) be fully responsible for any integration or any use of Third-Party Services in connection with Fireberry Services; (C) ensure you are taking necessary security measures to keep your password safe and secure; (D) be available to receive phone calls or electronic messages via email, through our Service(s) or by any other method we may deem necessary from Fireberry about your Account (you may opt-out from receiving commercial and/or non-essential messages here); (E) notify us, without delay, about any unauthorized access or unauthorized usage of your Account, including any unauthorized access or use of your User Profile.

2.4 Account Rights and Restrictions

During the Subscription Term, and subject to these Terms, you and your Authorized Users are authorized to use Fireberry Service(s), as defined in your Subscription Plan, or as permitted in a separate agreement between you and Fireberry.
Unless specifically permitted herein, or otherwise in a separate agreement between you and Fireberry, while using Fireberry Service(s) you shall: (A) not license, lease, give away, timeshare, sublicense, disclose, publish, assign, sell, distribute, host, outsource, and/or share Fireberry Service(s) and materials with any third-party for commercial purpose or otherwise for any reason that is not specifically covered in these Terms; (B) not circumvent, disable or otherwise interfere with security-related features of the Sites, or Service(s) or features that prevent or restrict use of copying of any content or that enforce limitations on use of the Service(s) or Sites; (C) not reverse engineer, decompile or disassemble, decrypt, or attempt to derive the source code of the Service(s) or Sites, or any components thereof; (D) not modify, translate, patch, copy, improve, change, alter, or create any derivative works of the Service(s) or Sites or any part thereof; (E) not take any action that imposes or may impose an unreasonable or disproportionately large burden on the Fireberry network, Service(s), or infrastructure that supports the Service(s) or Sites or through excessive API calls or other non-standard use; (F) not interfere or attempt to interfere with the integrity of the proper working of the Service(s) or Sites, or any related activities; (G) not translate, modify, adapt, copy, or create derivative works based upon Fireberry Services(s) and/or Materials for any purposes; (H) Use Fireberry Service(s) or Sites in any way that conform with the restrictions set forth in the Subscription Agreement; (I) use Fireberry Service(s) and Sites in a way that conform with our Acceptable Use Policy, as amended from time to time, and as posted here; (J) not send unsolicited (spam) messages of any kind including, but not limited to, text messages; (K) not send offensive, hurtful, abusive, violent, racist, sexist, or any other kind of abusive communication, including text messages, to anyone through the use of the Fireberry Service(s) and/or Sites; (L) not use the Service(s) or Sites for competitive purposes, including to develop or enhance a competing service or product; and (M) not encourage or assist any User and/or third party to do any of the foregoing.  Be aware that Fireberry may monitor your compliance with the restrictions imposed in your Subscription Plan, and in the instance of overuse of Fireberry Service(s) or Sites in connection with the above-detailed restrictions, we may upgrade your plan to the appropriate higher Subscription Level Plan, and you shall pay the differences between the plans.

2.5 Account Liabilities and Authorized Users

Fireberry Customer shall solely be responsible and liable for their Account use and for the use of each User under their Account, including but not limited to: (A) their compliance with these Terms; (B) their use of the Services(s) and documentations under their Account, including the quality and integrity of any data and other information made available to us by, or for, them through the use of our Service(s) under these Terms; (C) understanding their role as Administrator(s) with regard to their privileges, control of the Service(s), their ability to permit access to different Users, for controlling whom they permit to become an Authorized User, and for designating and maintaining the settings and privileges for any such Authorized User; (D) their responsibly and liability for any loses, damages and/or expenses incurred by us or by any Third-Party Services due to the unauthorized or negligent use of their Account, be it by Fireberry Customer or by any User and/or by any third party with access and/or authorization to their Account.
Fireberry Customer acknowledges that any action taken by a User of their Account is deemed by us as an authorized action by the Customer and therefore the Customer shall be responsible for any such action, as detailed herein.

2.6 Modifications, Future Releases and Improvements to Fireberry Service

Fireberry has no obligation to upgrade and/or improve any of its Service(s), as described in these Terms. Fireberry shall not be obliged to improve, change, adjust, or upgrade the Service(s) and shall not be bound to notify you of any improvements, functionality adjustments, upgrades, or change(s) of the Service(s) by any written or verbal public or non-public announcement(s).
We reserve the right to add, alter, modify or discontinue any feature, functionality or additional tools offered through the Service(s), Sites and/or Additional Services, as we see fit and without prior notification.

2.7 Technical Support; Remote Support

Subject to these Terms, and all policies referenced herein, during the Subscription Term you may be entitled to gain access to our self-help guides, private support chats, questions and answers section, remote support services, and/or other support recourses and tools that we may offer from time to time. To learn more about our support services, please click here.

2.8 Account Ownership

Fireberry has the undisputed right to rely on any information provided by the Fireberry Customer that registered an Account to our Service(s). Fireberry will determine who is the rightful owner of the Account based on the Fireberry Customer’s information so provided. In any case of Account disputes between you and any other User, and/or a third-party, you hereby agree to resolve the dispute directly with the other User and/or the other third-party claiming ownership of the Account. Fireberry is under no obligation to resolve disputes between individuals, groups, or entities regarding ownership of a Fireberry Account. In limited circumstances, and so long as the disputed parties associated with your Account did not provide Fireberry with written instructions as to how such a dispute may be settled, Fireberry may, at our sole discretion, determine which party in dispute is the rightful owner of the Account and the rightful Administrator(s), as well as that Administrator(s) privileges, based on the following parameters: (A) If the owner of the Account is listed as a corporation, Limited Liability company or other registered entity, Fireberry may rely on public records (to the extent they are available) concerning the appropriate authorized executive(s) or manager(s) of the legal entity; or (B) if the owner of the Account is listed as “doing business as”/“DBA”, sole proprietorship, or any other entity for which public records are not readily available online, Fireberry may assume that the individual, group or entity that has been making payments on your Account has the authority to manage the Account.

2.9 Additional Services

We may offer Additional Services that can be purchased during your Subscription Term. The amount charged for any such Additional Services are in addition to the Subscription Fees for the Services. If you purchase such Additional Services on a recurring basis, they will be considered part of your Subscription and will renew in accordance with your Subscription Agreement. Unless expressly written otherwise in your Additional Service's Order Form, if the Additional Services purchased are a specific number of hours, those hours will expire as indicated in the applicable description of the Additional Services and the expiration period will commence upon purchase of such Additional Services ("Expiration Period"). If there are deliverables included in the purchased Additional Services, it is expected that delivery will be completed within the period indicated in the applicable description of the Additional Services ("Delivery Period"). In any event, if we fail to provide you with such Additional Services within the Expiration Period or Delivery Period due to your failure to make yourself and/or your Users to accept such Additional Services, or otherwise fail perform your obligations under these Terms or additional terms associated with the Additional Services, such Additional Services will be deemed to be completed and/or all of Fireberry's obligations with regard to the Service(s) and/or Additional Services fulfilled at the end of the Expiration or Delivery Period. In any event we fail to provide you with such Additional Services within the Expiration Period or Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Expiration Period or Delivery Period will be extended to allow us sufficient time to complete the Additional Services. We retain the right to provide to you some aspects of the Additional Services through Third-Party Service providers, solely based on what we deem is necessary and in our discretion. Be aware that Additional Services from Fireberry are non-transferrable, non-cancellable, non-refundable.
For more information about our Additional Services, including costs and periods for use, please visit pricing page.

2.10 API

As an integral part of our Service(s), we offer Application Programming Interface (API), which provides additional ways to access and use our Service(s). You may access and use our API solely toward the purpose for which it was created, which is primarily to create interoperability and integration between our Service(s) and such other products, services, or systems that you may use to your own endeavor. You are bound by your compliance with these Terms when using our API.
Fireberry reserves the right to, at any time and at our sole discretion, change, modify or discontinue, either temporarily or permanently, your use of, and access to, our API without advance notice.

3. Customer Data Use and Protection

3.1 Data Ownership

In connection with Fireberry Service(s), Fireberry Customers retain all ownership rights, title, interest, and control of their Customer Data. Subject to these Terms, Fireberry Customers shall grant Fireberry a non-exclusive, worldwide and free limited license to access, copy, process, use, distribute, export, perform, and display your Personal Data and/or Customer Data, and solely to the extent that utilizing Customer Data for display in our Service(s) constitutes a modification or derivative work, the foregoing license also includes our right to make such modifications and derivative works. Fireberry's limited license to use your Customer Data shall be given for the following purposes: (A) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms; (B) to fulfill and maintain the agreed upon Service(s) in accordance with your Subscription(s); (C) to prevent and/or address technical or security issues and resolve any support requests; (D) to comply with valid legal obligations such as, but not limited to, a court or regulatory subpoena or our necessary cooperation with other lawful processes; and (E) as expressly permitted by you in writing for any other purposes or to any other ends.  
Be aware that Fireberry's limited license endures, regardless of your continued use of our Service(s) and/or Sites or as a Fireberry Customer.

3.2 Data Compliance and Customer Data Liabilities

With regard to your Customer Data, you hereby assert and confirm that: (A) you are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all your Customer Data; (B) your Customer Data is in compliance with, and subject to, our Acceptable Use Policy; (C) you have obtained all rights, consents, permissions, power, licenses, and/or authority necessary for the rights granted herein, for, or on behalf of, any Customer Data that you submit, upload and/or transmit to our Service(s) and Sites; (D) your Customer Data does not violate any applicable local, state, federal, or international laws, ordinances, or regulations; (E) you have taken all necessary steps to ensure your Customer Data is not exposed to any unauthorized users or unauthorized activity. 
You are hereby obligated to notify us promptly of any unauthorized use, activity and/or access of, or to, your Account.

3.3 Sensitive Data

You hereby acknowledge and agree not to upload and submit any data that is protected by law, or which is not meant to be used as part of our Service(s). You are responsible for ensuring that suitable safeguards are in place prior to permitting Authorized Users to transmit, process or upload Sensitive Data to our Service(s).
Fireberry shall have no additional liability, including, without limitation, any indemnification obligations in connection with any Sensitive Data transmitted or processed via our Service(s).
If a Fireberry Customer is a Covered Entity or Business Associate, as defined under HIPAA, before the Fireberry Customer may use Fireberry Service(s), the Customer must enter into a separate Business Associate Agreement with Fireberry, in compliance with HIPAA regulations.

3.4 Data Security

To reduce the risk of unauthorized use and disclosure of your Personal Data or your Customer Data, Fireberry maintains appropriate precautions and organizational security measures.
To learn more about our security measures and precautions, please visit our Security Page, as amended from time to time.
To prevent any unauthorized use and disclosure of your Personal Data or your Customer Data, you hereby assert and agree to: (A) protect your password to your Fireberry Account and Service(s); (B) limit access to your Account and devices linked to your Account and Fireberry Service(s), for your use or use by Authorized Users only; and (C) ensure you sign out of our Service(s) and Sites at the end of each use.

3.5 Data Privacy

You hereby assert and agree to Fireberry's use and sharing of your Personal Data and Customer Data in accordance with our Privacy Policy Statement and our DPA which is an integral part of these Terms, unless specifically stated otherwise in these Terms or in a separate agreement between you and Fireberry. These Terms, our Privacy Policy Statement and our DPA shall govern the collection, use, retention, and storage of your Personal or Customer Data. 
You shall adopt, implement, and comply with your own "privacy policy statement". Your privacy policy statement shall be posted in a conspicuous, visible and accessible format so that your customers will be aware of your data collection and data use practices with respect to any such customer data that you obtain from the use of our Service(s), or customer data that is provided to us based on provisions in these Terms. Your privacy policy statement will otherwise comply with applicable law, ordinance and/or regulation.

3.6 Data Processing Agreement ("DPA")

By accessing and using our Sites and Service(s), you also accept our Data Processing Agreement (DPA), which governs the way we process, transfer, and store your Personal Data and Customer Data, and which is an integral part of these Terms.

3.7 Public Submissions

Our Sites and Service(s) may offer some features that allow you to publicly submit information, photos, comments, and other materials ("Public Submissions"). By submitting and sharing such Public Submissions with others, through our Sites and Service(s), you hereby agree to grant us an ongoing, unlimited, and royal-free license to copy, reproduce, process, adapt, use, access, transmit, host, and display such Public Submissions in any media forum and for any reason, including for, but not limited to, promotional purposes. Following the foregoing, and subject to any governing law or regulation, you hereby acknowledge that such Public Submissions shall become Fireberry property and you waive any legal claim you may have on such Public Submissions.
Before you submit Public Submissions through our Service(s) and/or Sites, you hereby confirm that: (A) we are not responsible or in control of other Public Submissions posted on or to our Sites and/or Service(s); (B) by using our Sites and/or Service(s), you may be exposed to inaccurate, misleading, offensive, and/or insulting Public Submissions posted by other Fireberry Customers, Users or third parties; (C) you have obtained all rights, permissions, consents, power, licenses, and/or authority necessary for the rights granted herein to make any Public Submission through our Sites and Service(s), as well as to post or display in or through our Sites and Service(s); (D) any Public Submission submitted by you or your Authorized User(s) is in accordance with our Acceptable Use Policy.

4. Intellectual Property Rights

4.1 Data Privacy

Fireberry Services, Sites and Materials are the property of Fireberry LTD, protected by applicable copyright or other intellectual property laws and treaties. Fireberry LTD shall retain all rights, titles and interests in, and to, Fireberry LTD Materials, including but not limited to, all copyrights, patents, service marks, trademarks, modifications, enhancements and improvements, reproductions, corrections, trade secrets, related goodwill, data related to your usage, User interface display, and other intellectual rights.

4.2 Your Rights and Restrictions Using Fireberry's Intellectual Property

By using Fireberry Service(s), Sites and Additional Services, you hereby assert and confirm that you shall not have any intellectual rights and/or claims over and on Fireberry Sites, Service(s), Additional Services and Materials, as described in these Terms. Subject to these Terms and all policies referenced herein, during the Subscription Term, we will grant you a non-exclusive, non-transferable worldwide limited license to access and use Fireberry Service(s) and Sites.Except for the limited access and use rights granted to you under these Terms, you do not acquire any interest in Fireberry Service(s), Sites, Additional Services and/or Materials. you shall not have any rights to obtain any copy of any software owned and/or developed by Fireberry and you are expressly prohibited from using Fireberry Service(s), Sites and Additional Services for any purpose outside of the intended design and implementation of your authorized use of the Service(s), Sites and/or Additional Services.

4.3 Customer Use of Customer Identifiers 

By using Fireberry Service(s) and/or Sites, you grant Fireberry the right to use your name, logo and/or a description of your use of our Service(s) and/or Sites on our website and in other marketing or promotional materials. If you are interested in revoking that right, please click here.

4.4 Customer Feedback 

While using our Service(s), Sites and Materials and Additional Services, you and/or your Authorized Users may give us recommendations, suggestions, enhancement requests, comments, and/or other feedback relating to the Fireberry Services, Sites and Materials ("feedback") and Additional Services. While doing so, you and/or your Authorized Users assert and agree that any such Feedback becomes the property of Fireberry and we are thereby permitted to use or reject, in part or in full, any such feedback without limitation or restriction.
When you are providing Fireberry with feedback, you hereby assert and confirm that such feedback: (A) is accurate and complete; (B) does not infringe on any other third-party rights; (C) will not grant you any rights; and (D) you explicitly and irrevocably waive any and all claims relating to such feedback.
To avoid any doubt: such feedback will not be deemed Confidential Information, as detailed in these Terms, and Fireberry will be permitted to use such feedback without limitation or restriction.

5. Third Party Services

5.1 Third-Party Services Offered Through Our Service

Fireberry may engage with Third-Party Service providers solely to the extent that such Third-Party Services are required to ensure proper and complete performance of our Service(s), Sites and Additional Services. We may provide you with access to, or offer for purchase, certain Third-Party Services in connection with our Service(s), Sites and Additional Services. Fireberry bears no responsibility and/or liability for authorized Third-Party Services offered to you through your use of our Service(s), Sites and Additional Services. Rather, Fireberry shall act solely as an intermediary platform between you and any authorized Third-Party Service provider. Any relationship between you and such Third-Party Service provider, including, but not limited to, a Third-Party Service provider’s collection, use and processing of your Personal or Customer Data, shall be subject to a separate Third-Party Service provider agreement between you and the Third-Party Service provider. Fireberry shall not be party to any such an agreement and bears no responsibility in verifying or overseeing compliance of any such agreement between you and the Third-Party Service provider. Be aware that any links that we provide to you for Third-Party Service provider's websites are for your convenience only and inclusion of any such links on or in our Service(s), Sites and Additional Services does not imply Fireberry’s endorsement, guarantee, warranty, or representation with regard to the Third-Party Service provider. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY SERVICE PROVIDERS, AND EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR RIGHTNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL FIREBERRY BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, NOR WILL WE BE LIABLE TO COVER ANY DAMAGES, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIRD PARTY SERVICES. IN NO EVENT WILL FIREBERRY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.

5.2 Third-Party Service Integration

Some of our Service(s) may enable you, or your Authorized Users, to integrate your Account with a Third-Party Service. Such an integration with a Third-Party Service may include, among other things, sharing your Personal Data or Customer Data, notes, materials, records, information, and other Account data with such Third-Party Service, and only to the extent as determined by Customer when integrating our Service(s) with a Third-Party Service.
By integration with a Third-Party Service, through the use of our Service(s) and Sites, you hereby acknowledge and agree that all Third-Party Service access, storage, transmission, processing, collection, or any other use of data, including, but not limited to, your Personal Data or Customer Data, shall be governed by an agreement with the Third-Party Service provider, including any other policies, security and general practices that the Third-Party Service may implement. FIREBERRY SHALL NOT BE RESPONSIBLE FOR ANY ACCESS, COLLECTION, TRANSMISSION, PROCESSING, STORAGE OR ANY OTHER USE OF DATA, INCLUDING YOUR PERSONAL OR CUSTOMER DATA, BY SUCH THIRD-PARTY SERVICE PROVIDER, NOR IS FIREBERRY RESPONSIBLE FOR SUCH THIRD-PARTY SERVICE PROVIDER PRIVACY POLICY AND/OR SECURITY METHODS AS IMPLEMENTED BY SUCH THIRD-PARTY SERVICE PROVIDER(S).You hereby confirm and agree that by integrating and/or using any Third-Party Services: (A) you or your Authorized User’s activities and data use within your Account may result in modification and/or removal of data, either in your Fireberry Account or in and with the integrated Third-Party Service. WE BEAR NO OBLIGATIONS OR LIABILITIES FOR ANY SUCH MODIFICATIONS AND/OR REMOVAL OF DATA IN EITHER YOUR FIREBERRY ACCOUNTOR IN AND WITH ANY INTEGRATED THIRD-PARTY SERVICE; (B) you are solely responsible for your compliance with applicable privacy restrictions, laws, and regulations, including, but not limited to, your use of the Third-Party Services and other data activities that you may conduct, or that you permit third parties, including the Third-Party Services, to conduct.

5.3 Third Party Payments, Limitations and Conditions

Fireberry may impose additional conditions and/or limitations on your access and use of certain Third-Party Services, and some Third-Party Services may be subject to external limitations and/or conditions as implemented by such Third-Party Service providers. Where we and/or Third-Party Service providers implement any additional such conditions and/or limitations, we may notify you either within the Service(s), your Account or by sending you an electronic communication, such as, but not limited to, an email. Be aware that some additional conditions and/or limitations may be only detailed on the Third-Party Service provider’s website and in this event, it is solely your responsibility to discover, learn and be aware of any additional conditions and/or limitations.
Some Third-Party Services may be offered complimentary, or without any fees, or for a fee that is charged directly by the Third-Party Service provider. In the event that a Third-Party Service requires any payment for the  provided service, it shall be indicated next to the Third-Party Service offering within the Service(s) or in your Order Form.
Unless specifically written otherwise in your Subscription Agreement, Fireberry will never charge any payments for, or accept payment on behalf of,  Third-Party Service(s), and all payments charged by Third-Party Service providers shall be governed by a separate service agreement between you and the Third-Party Service provider. To avoid any doubt: any payments paid directly to Fireberry Shall be governed by these Terms, and by your Subscription Agreement.

5.4 Third-Party Warranties and Liabilities

FIREBERRY SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR ANY THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATIONS, ANY THIRD-PARTY SERVICE LINKS, WEBSITES, CONTENT, RELIABILITY, OPERABILITY OR INTEROFERABILITY WITH OUR SERVICE, ACCURACY, SECURITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERING. FIREBERRY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL FIREBERRY BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR COVER DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIRD PARTY SERVICES OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM.

6. Subscription Term, Fees, Renewal and Taxes

6.1 Subscription Term

Your initial Subscription Term, or period of use, will be specified in your Order Form, which is an integral part of your Subscription Agreement. Your Subscription Term, unless specifically written otherwise in your Subscription Agreement, will automatically renew. To prevent an automatic renewal of your Subscription Agreement, you must notify us prior to the end of your Subscription Term and its automatic renewal, as explained in section 6.7.

6.2 Subscription Payment and Fees

Fireberry Customer shall pay us applicable fees per Subscription (including for Additional Services and excluding any Free Trial, as set forth in the applicable Order Form, which is an integral part of your Subscription Agreement ("Fees"). Unless otherwise indicated in your Subscription Agreement, all Fees are indicated in new Israeli shekels (ILS). Fireberry Customer hereby authorizes us to charge and process all applicable Fees through Customer's preferred method of payment.
Be aware that the preferred method of payment, unless otherwise expressly stated in these Terms or in your Subscription Agreement, will be considered the same method that is used at the time of entering into the Subscription Agreement and making initial payment for Fireberry Service(s). Fireberry Customer shall remit payment, unless specifically stated otherwise in the Subscription Agreement or in these Terms, for all applicable fees for Fireberry Service(s) in advance of the commencement of said Service(s), upon signing the Subscription Agreement. These Fees, unless expressly written otherwise in your Subscription Agreement, or in these Terms, shall be non-cancelable and non-refundable. We reserve the right to change the Subscription Fees at any time, at our discretion, and we will notify Fireberry Customer, in advance, about any such a change. The current pricing structure and figures of the Customer's applicable Subscription Plan shall automatically be applied to your renewed Subscription Term at the time of renewal. You are liable for all Fees owed to Fireberry under your Subscription Agreement, be it the initial or the automatically renewed Subscription Agreement. You hereby acknowledge and assent that your failure to render payment, in full, for any fees due under your Service Agreement(s), or under any of your Fireberry Account(s), is a breach of these Terms, and in such event, you acknowledge that we have the right to terminate your Subscription Agreement, and/or your Fireberry Account(s), or suspend access to our Service(s), Sites and/or to any of our Additional Services, based on your breach of these Terms.

6.3 Billing Information, Credit/Debit Card Authorization, and Other Payment Methods

You hereby agree to provide Fireberry with your complete and accurate contact and billing information, and/or the complete and accurate contact and billing information for your entity or organization that is rightfully authorized to render payments on behalf of your entity or organization, as well as update all such information as necessary. Where payment by credit card is indicated as the method of payment in your Subscription Agreement, or you otherwise provide Fireberry with your, and/or your entity or organization's credit card information, you expressively represent that you are authorized to use said credit card and you further authorize Fireberry, or any of our affiliated payment processing entities (“Payment Processors”), to charge your credit card as follows: (A) for any recurring payments set forth in your Subscription Agreement; (B) at the time of your Subscription Term renewal, as set forth in these Terms, which is based on the current pricing structure and figures for the Service(s) detailed in your Subscription Agreement, at the time of automatic renewal, plus any sales tax applicable to the renewed Subscription Term; (C) at the time you order our Service(s) or Additional Service(s). Any credit card payments may be subject to additional terms from the third-party credit card Payment Processors, which will be the merchant of record for each transaction. You acknowledge that the amount billed for each separate transaction may vary, based on the Service(s) license type, as well as any Additional Services that you purchased. To learn more about our different Subscription Plans and our Additional Services and their costs, please visit pricing page.
Fireberry reserves the right to verify your chosen method of payment prior to accepting your Order Form. We also reserve the right to: (A) re-run a failed transaction using your chosen method of payment, which may include, but is not limited to, re-running the same credit card or debit card; (B) change or amend previously authorized third-party payment processors, as needed and at our discretion, in order to complete processing of failed payment transactions. Upon duly entering into the Subscription Agreement, Fireberry will send you an invoice for our Service(s), which will thereafter be sent to you, as applicable, in monthly or yearly intervals in advance of the corresponding billing period. Your payment of each monthly invoice is due immediately upon receipt. Late payments may be subject to an additional service charge, the details of which may be found here. In the event Fireberry granted Customer permission to pay for our products and/or Service(s) by an alternative method of payment (i.e. payment other than by credit card), Fireberry reserves the right to revoke such permission at any time. Fireberry reserves the right, as permitted by law, to offset any of Customer's unfulfilled payment obligations against any payment method in any of Customer's Fireberry Account(s), irrespective if payment taken from the Customer Account is the same Account(s) bearing the unfulfilled payment obligation. You hereby acknowledge and assent that you will be liable for any costs that Fireberry incurs in pursuit of legal action(s) taken against you in our efforts to collect any outstanding Fees and/or balance for our Service(s), including, without limitation, any attorney's fees, court fees and collection agency costs.

6.4 Subscription Upgrades and Adding Users

A Fireberry Customer may upgrade, Subscription Plan, during the Subscription Term, by: (A) upgrading to an improved Subscription Plan; (B) adding additional features and functionalities; (C) adding Authorized Users; and/or; (D) upgrading to a longer Subscription Term ("Upgrades"). Upon a Subscription Upgrade, you will be charged for the increased Subscription Fees associated with your Upgrade, at our current rate, unless indicated otherwise in your Subscription Agreement.
When adding new Users into an existing  Customer Account, we will immediately invoice Fireberry Customer with the difference in cost basis, unless expressly written otherwise in the Subscription Agreement. To avoid doubt, we will charge extra fees for each additional User that is added by Customer into an existing  Account, regardless if the additional User(s) is/are active in the Account.

6.5 Taxes

All fees arising from any transaction described in these Terms, except for taxes imposed on Fireberry income, exclude all levies, duties and/or taxes, including, but not limited to, use tax, value added tax, sales tax, good and services tax and similar taxes (collectively, "Taxes").
In any event you are exempt from paying any of the Taxes described herein, you are hereby obliged to provide us, upon our request, with proper and valid verification of your exemption. In some jurisdictions where Fireberry Customer is required to withhold Taxes and/or other amounts from the total amount owed for our Service(s), you agree to notify us, in writing, of any such withholdings in advance of the payment due date. In such a case, Fireberry Customer shall bear all liability to remit all owed tax(es), in addition to all Fees payable according to these Terms.

6.6 Disproportionate or Harmful Usage

In any event where Fireberry Customer and/or any User of the Account misuse Fireberry Service(s) and/or Additional Services, or otherwise use our Service(s) of any kind in a manner inconsistent with the prescribed purposes, including, but not limited to, using our Service(s) in excess of the amount consistent with standard use, as described in our Acceptable Use Policy, Fireberry shall have the right to impose additional Fees and/or restrictions as to your available Account storage, your downloadability, your upload ability, and your use of our Service.
In such event, Fireberry may also restrict Customer use of Third Party Services, as well as features that include, but are not limited to, the following: network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume, and download time.

6.7 Auto-Renewal

Customer Subscription Agreement will automatically renew upon the end of the original Subscription Term. Customer may disable the auto-renewal option or cancel Customer's Subscription Agreement (unless written otherwise in the Subscription Agreement), prior to its expiration.
The renewal period will be equal in time to the original Subscription Term, as set forth in the original Subscription Agreement, excluding any extensions. Unless Fireberry otherwise notifies the Customer, the Customer shall pay the cost for the automatically renewed Subscription Term at the current rate at the time of automatic renewal, subject to current taxes and excluding any discount(s) or promotional offers.
Fireberry will automatically charge Customer the applicable Subscription Fees upon the end of Customer's original Subscription Term unless the Customer canceled the Subscription Agreement, or disabled the auto-renewal option, prior to the end of the original Subscription Term. To avoid any doubt: unless expressly set forth in these Terms, if Customer cancels the Subscription Agreement during the Subscription Term, the Subscription Agreement will not renew for an additional Term, but Customer shall not be refunded, credited, or prorated for any unused period within the Subscription Term.
If you want to cancel your Subscription Agreement, or to disable the auto-renewal option as described herein, please click here or visit www.fireberry.com/articles/how-do-i-manage-my-billing.

7. Refund, Cancellation and Termination

7.1 Terms of Service Term.

These Terms shall stay in full force and effect from the day you sign the Subscription Agreement, or, as applicable, from the day you were added into an existing Account, until either: (A) the end of the Subscription Term; or (B) until we terminate your Subscription Agreement; or (C) if you decided to cancel your Subscription Agreement in accordance with these Terms. Be aware that some parts of these Terms shall stay in full effect even after the end or termination of your Subscription Term, or after the end or termination of your Subscription Agreement, as explained in section 12.12.

7.2 Termination and Cancellation

We may terminate your Service(s) and/or the Subscription Agreement by sending you a written notice when: (A) you are in a major breach of these Terms and to the extent the breach is uncurable; or (B) you are in a major breach of these Terms that is curable, and you failed to cure the breach within 10 days of notification of your breach; or(C) your business is subject to insolvency proceedings and the proceedings are not dismissed within 30 days from the start of any such proceedings; or (D) you did not provide accurate, up-to-date information about you, your business or the entity you represent pursuant to these Terms within 7 days of registering to our Service(s).
You may Terminate your Subscription to our Service(s) by canceling your Subscription Agreement by either: (A) sending us an official cancellation notice to the following address - Post Office Box 120, Tel-Aviv, zip code 6100002; or (B) by clicking on this link and canceling Service(s) through our Site (for more information about how to cancel Service(s) through our Site, please click here). In the event you decide to cancel your Subscription Agreement, the cancellation will come into effect within three (3) business days if you canceled your Subscription Agreement by going to the direct cancellation link in these Terms, above, or within six (6) business days of our receipt, if you sent us a cancellation notice by a regular mail. Be aware that cancelation of your Subscription Agreement shall not absolve Customer's obligation to pay all applicable Subscription Fees, except where such cancelation is made within the Refund Period as described in section 7.5 of these Terms.
Unless expressly set-forth in these Terms or in your Subscription Agreement, Customer shall pay any applicable Fees until the end of the initial Subscription Term (including any renewals) and all Customer obligations, in accordance with these Terms, unless specifically written otherwise in these Terms, shall remain in full force until the end of your Subscription Term.

7.3 Effect of Termination or Cancellation

At the end of your Subscription Term, or in the event your Subscription Agreement is canceled or terminated, all rights granted to you, in accordance with these Terms, shall be terminated. It is solely your responsibility to delete, export and/or download your Customer Data ("Data Transfer") from our Service(s) prior to termination or cancellation of your Subscription Agreement, or otherwise, as applicable, prior to the end of your Subscription Term. If you do not transfer your Customer Data from our Service(s), we may continue to store such Data at our discretion and we may, at our discretion, grant you limited access to our Service(s) so that you can complete the Data Transfer process. To avoid any doubt: we are not under any obligation to store and/or hold onto your Customer Data after termination or cancellation of your Subscription Agreement, and we are not obligated to grant you access to our Service(s) so that you may initiate or complete a Data Transfer. Fireberry reserves the right to grant you limited access to initiate and/or complete any such Data Transfer at our discretion, and we reserve the right to grant any such limited access with or without charge, at our discretion.
You hereby acknowledge and agree that it is solely your responsibility to transfer your Customer Data from our Service(s) prior to the termination or cancellation of your Subscription Agreement, or otherwise prior to the end of your Subscription Term. Fireberry bears no responsibility or obligation, to you or to any third party, regarding the foregoing, and shall not be accountable or liable for deleting Customer Data in accordance with these Terms.
Be aware that Subscription Agreement cancellation or termination shall not absolve you from your obligation to pay any due, or outstanding, Subscription Fees.

7.4 Suspension

In addition to any other rights we have, in accordance with these Terms, we may decide, at our discretion, to suspend your Account without prior notice if we have reason to believe that you, your User(s), or a third-party: (A) are using our Service(s) in an unlawful way; (B) are in violation our Acceptable Use Policy; (C) are using our Service(s) in breach of these Terms or any other applicable Law; (D) are not going to remit payment in accordance with these Terms; (E) are about to become insolvent or otherwise liquidated in a way that may prevent you from honoring your obligations accordance with these Terms; (F) are using our Service(s) in a manner that may pose security risk or harm to us or to any third party; (G) are using our Service(s) in an excessive manner that may pose overload risks to the Fireberry network; (H) if the personal information you provided when first registering to our Service(s) is false, misleading or inaccurate.
In the event we suspend your Account, we will provide you, in writing, as much prior notice as is possible or practicable about any such suspension, and we will work with you, to the extent possible or practicable under the circumstances, to remedy any situation that led or could lead to Suspension of your Account as described in these Terms.

7.5 Refund

Customer may cancel the Subscription within 14 days of having first registered to our Service(s) and Customer shall be entitled to receive a full refund of prepayment for any unused and/or unexpired Subscription Term or period ("Free Trial Refund Period"). The Free Trial Refund Period is only applicable to your initial purchase of our Service(s) and shall not apply to any additional upgrades, purchases, modifications, Services, or renewal(s). Be aware that we are not obligated to refund any differences that may occur from currency exchange rates or fees as charged by third party Payment Processors and/or any other Third-Party Services.
After the Free Trial Refund Period is over, Customer may cancel the Subscription Plan, as applicable to the Subscription Agreement. In such event, Customer shall not be entitled to a refund of any unused period remaining until the end of the Subscription Term, and all Subscription Fees for such Subscription Plan shall be non-cancelable and non-refundable.

Canceling Additional User(s) Prior to the end of a Subscription Plan: In the event Customer wishes to cancel any additional User(s) that were added into an existing Account prior to the end of the Subscription Term, Customer shall not be entitled to a refund of any unused period remaining in the Subscription Term and all Subscription Fees related to such action shall be non-cancelable and non-refundable.

Subject to the foregoing, upon Customer's cancellation of any applicable Monthly or Annual Subscription Plan(s), all outstanding payments are immediately due for any used and unused period of Customer's Subscription Term. In the event of any such cancellation(s), Customer will promptly remit all Fees and payments to Fireberry pursuant to these Terms. Be aware that Fireberry may reject Customer's Subscription cancellation request if we have reason to believe that such cancellation request is made in bad faith or in an illegitimate attempt to avoid payment for our Service(s) already rendered.
Be aware that some Service(s) and/or Additional services, such as, but not limited to, text messages services, emails services and/or WhatsApp messages, may be nonrefundable and the Customer shall not be entitled to receive a refund for canceling your Subscription of such Services. Fireberry will identify any such nonrefundable Services as applicable to your cancellation request in advance of processing your request, to the extent practicable under the circumstances.

8. Trial and Pre-Released Services; Alpha and Beta

8.1 ALPHA AND BETA

Fireberry may provide you with access to features or services that are identified as 'Alpha', 'Beta' or 'Pre-Release' ("Alpha", "Beta" or "Pre-Release"). Such services may still be in development, may have errors or bugs, may be incomplete features, may materially change prior to a full commercial launch, or may never be released commercially. Your use of such Alpha, Beta or Pre-Release services is at your own risk, as these services are provided "as-is" and without liability and/or warranty of any kind. Alpha, Beta or Pre-Release features and services may be subject to additional terms and/or conditions, made available to you at the time you access such features and services, and any such additional terms and/or conditions are incorporated into these Terms by reference and are legally binding. Please be aware that exclude for the indemnity undertaking by us, as set forth in section 10.4 of these Terms, these Terms and all policies mentioned herein, shall govern your access to, and use of, any such Alpha, Beta and/or pre-release services.

8.2 ALPHA AND BETA

We may offer, from time to time and at our discretion, portions of our Services on a no-fee, no-obligation free trial basis ("Trial Service"). The terms of such Trial Service shall be as described in an Order Form prior to your registration for such Service. We reserve the right to cancel, modify and/or limit a Trial Service at any time and without liability or explanation. Your use of such Trial Service is at your own risk, as these services are provided "as-is" and without liability and/or warranty of any kind. Please be aware that exclude for the indemnity undertaking by us in Section 10.4 of these Terms, and all policies mentioned herein, shall govern your access to, and use of, any Trial Service, and you fully acknowledge and assent that upon termination of the Trial Service, we may delete, change and/or modify your Personal Data and/or Customer Data without giving advance notice.

9. Confidentiality

9.1 Confidential Information

Information that is considered to be confidential and kept confidential shall include: (A) your Customer Data; (B) the business terms in your Subscription Agreement; (C) certain products ,programs, codes, technology and marketing information;(D) Alpha, Beta or Pre-Release information, services and features and; (E) any information that is clearly identified in writing at the time of disclosure as confidential, or that should be reasonably understood to be confidential by the receiving party given the nature of such information and the circumstances of its disclosure ("Confidential Information").

9.2 Confidentiality Obligations by Both Parties

Each Party agrees: (A) not to use the Confidential Information of the other Party except to the extent necessary to perform its obligations or exercise  its rights hereunder; (B) to receive and maintain, in confidence, all Confidential Information disclosed to it by the other Party or by any third-party; (C) to limit the internal dissemination of Confidential Information to those employees and/or contractors of the recipient Party who have a need-to-know, and thus the obligation to protect such Confidential Information shall extend to those employees and/or contractors; and (D) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). Fireberry will restrict its employee's access to your Confidential Information to only those employees necessary to successfully provide Fireberry Service(s). We may disclose Confidential Information on a need-to-know basis to our suppliers and/or professional consultants who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for Fireberry in connection with the performance of our Service(s) and these Terms. Except for personal information within your Personal Data and/or Customer Data, which is at all times understood to be Confidential Information notwithstanding any language to the contrary in these Terms, Confidential Information shall not include information that: (A) is generally known in the industry before disclosure; (B) is known publicly; (C) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (D) the recipient becomes aware of information from a third-party not bound by a non-disclosure obligation to the disclosing Party and with the lawful right to disclose such information to the recipient. To avoid any doubt: Section 9 of these Terms will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or by order of a court or other government entity or authority. The Parties agree to give the other Party prompt notice of the receipt of any subpoena or other similar request for such disclosure.

10. Limitation of Liability, Warranties, Indemnity and Applicable laws

10.1 Limitation of Liability

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER SECTION 10.4 HEREIN, YOUR PAYMENT AND ACCOUNT OBLIGATIONS HEREUNDER, OR BREACH OF OUR ACCEPTABLE USE POLICY BY EITHER YOU OR IN CASE OF A CUSTOMER, ANY OF THE USERS UNDERLYING ITS ACCOUNT, IN NO EVENT WILL EITHER PARTY AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS, RESELLERS, DISTRIBUTORS AND VENDORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) HAVE ANY LIABILITY ARISING OUT OF, OR RELATED TO, THESE TERMS AND/OR YOUR SUBSCRIPTION AGREEMENT FOR ANY REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, COSTS ANTICIPATED SAVINGS, ANY LOSS OF DATA AND/OR LOSS OF BUSINESS, EVEN IF FIREBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF IT WAS CAUSED DUE TO FAILURE OF SECURITY MEASURES AND PROTECTIONS. IN ADDITION, IN NO EVENT WILL FIREBERRY'S AGGREGATE LIABILITY UNDER YOUR SUBSCRIPTION AGREEMENT AND THESE TERMS EXCEED THE AMOUNT PAID BY YOU, TO FIREBERRY, DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE ALLEGED LIABILITY EVENT. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO THE ALLEGED LIABILITY EVENT AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT NEITHER FIREBERRY NOR FIREBERRY SERVICE(S) ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE OR RECOMMENDATIONS RELATED TO YOUR USE OF THE FIREBERRY SERVICE(S) AND SITES. WE WILL NOT BE LIABLE TO YOU, YOUR ENTITY, OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON, OR USE OF, ANY INFORMATION CONTAINED IN ANY FIREBERRY SERVICE(S) OR FIREBERRY MATERIALS. FIREBERRY WILL NOT BE LIABLE AND WILL HAVE NO OBLIGATION TO INDEMNIFY YOU FOR SENSITIVE, PERSONAL, OR CUSTOMER DATA SENT TO FIREBERRY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

10.2 Warranty Disclaimer

NOTWITHSTANDING ANYTHING IN THESE TERMS, OR ELSEWHERE TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES, SERVICES, ADDITIONAL SERVICES, AND ANY INFORMATION OR MATERIAL, CONTAINED OR PRESENTED THROUGH FIREBERRY SERVICES, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND WE AND OUR AFFILIATES, RESELLERS, SUBCONTRACTORS, AGENTS, DISTRIBUTORS AND VENDORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS), SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT OF THE LAW. WE DO NOT GUARANTEE OR WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION, THAT OUR SERVICE(S), SITES AND ADDITIONAL SERVICES ARE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, WITHOUT FAULTS, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, SOFTWARE, BROWSERS, OR TOOLS, OR COMPLY WITH ANY LAWS APPLICABLE TO YOU.  ALPHA, BETA OR PRE-RELEASE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES WHATSOEVER, AND WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, SUCH SERVICES. YOU ACKNOWLEDGE THAT OUR SITES AND SERVICES, INCLUDING YOUR ACCESS THERETO AND USE THEREOF, MAY NOT BE SECURED, ERROR-FREE, UNINTERRUPTED, TIMELY, PROTECTED FROM VIRUSES AND/OR LOSS OF DATA, OR OTHER DAMAGES THAT YOU AND/OR YOUR USERS AND/OR THIRD PARTIES MAY SUFFER, WHICH ARE BEYOND OUR CONTROL AND WE, OUR VENDORS, CONTRACTORS, AND THIRD-PARTY SERVICE PROVIDERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN SUCH EVENT.

10.3 Class Action Waiver

SUBJECT TO ANY APPLICABLE LAW, ALL DISPUTES BETWEEN YOU AND FIREBERRY SHALL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS AND YOU SHALL NOT HAVE THE RIGHT TO BRING ANY CLAIM AGAINST FIREBERRY AS A PLAINTIFF OR A MEMBER OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS, OR ANY OTHER LEGAL PROCEEDING CONDUCTED BY A GROUP OR BY REPRESENTATIVES ON BEHALF OF OTHERS.

10.4 Indemnity

 A. By Fireberry. Fireberry will defend, indemnify, and hold you harmless from and against all claims, actions, suits, demands, and/or discovery, including without limitation: third-party subpoenas, government investigations, or enforcement actions ("Claims") that are brought or threatened against you by a third party, and any damages, liabilities, settlements, losses, judgments, costs, and expenses, including reasonable attorney's fees (collectively referred to as "Losses") related thereto, alleging the provisions of FireberryService(s) as permitted hereunder infringes or misappropriates a third-party copyright, patent, or trade secret ("Infringement Claim"). Fireberry's indemnity obligations under Section 10.4 of these Terms shall not apply: (A) to an Infringement Claim and any Losses related thereto arise out of your modification of our Service(s), Sites and/or Additional Services and/or a combination, operation, or use of the Service(s) and Sites with other applications, portions of applications, products, or services where the Service(s) and Sites would not by themselves, and without modification, be infringing; (B) to Claims and any Losses related thereto, arising out of your use of our Service(s), Sites and/or Additional Services, in breach of these Terms and/or your Subscription Agreement; (C) to Claims and any Losses related thereto, arising from your misuse of our Service(s), Additional Services and/or Sites, and solely to the extent that any Claims and/or any Losses would have been avoided without such misuse of our Service(s), Sites and/or Additional Services; (D) to Claims and any Losses arising out of, from, or related to your Personal Data and/or Customer Data, or to any events giving rise to Customer's indemnity obligations under Section 10.4 of these Terms; or; (E) to Claims and any Losses related thereto, arising out of your use of one or more of our Additional Services.
B. By Customer. Customer hereby agrees to defend, indemnify, and hold Fireberryand its affiliates, directors, employees, officers and agents ("Fireberry Indemnified Parties") harmless against any and all claims, obligations, liabilities, damages, losses, reasonable expenses, or costs incurred as a result of any third-party claim, brought by or threatened against Fireberry Indemnified Parties, and any Losses related thereto, alleging or arising out of:  (A) your, any of your Users, or related third-parties' use of our Service(s), Sites and Additional Services; and/or; (B) your acts or omissions in connection with the provision of your products and/or services, including without limitation, any related intellectual property Claims; and/or; (C) your, any of your Users, or related third parties' breach of your Subscription Agreement, or activities prohibited under these Terms; and/or; (D) your use of, or Fireberry's use of (including Fireberry Indemnified Parties) your Customer Data, in violation of, or infringement upon, any third party's rights including, without limitation, intellectual property, privacy and/or publicity rights; and/or; (E) any unauthorized usage of your Account by either you, your Users and/or by any related third-party.
C. Indemnity Possibilities. If your use of our Sites, Service(s) and/or Additional Services has become, or if Fireberry has reason to believe it is likely to become, the subject of any Infringement Claim, Fireberry may: (A) change or modify our Service(s), Sites and Additional Services so as to avoid and/or mitigate infringement ; (B) procure the right to continue using our Service(s) and Sites as set forth herein; or (C) if the foregoing options are not reasonably practicable, terminate your Subscription Agreement and refund you any unused pre-paid Fees. Section 10.4 states your exclusive remedies for any Infringement Claim brought upon you by a third party in connection with your use of our Service(s), Sites and Additional Services.
D. Indemnification Conditions and Procedures. The defense and indemnification obligations of the Indemnifying Party under Section 10.4 are subject to the following: (A) the Indemnified Party promptly notifying the Indemnifying Party in writing of any such Claims; (B) the Indemnifying Party being given immediate and exclusive control over the defense and/or settlement of the Claim, provided that the Indemnifying Party shall not enter into any compromise agreement and/or settlement of any such claim that requires monetary obligation, admission of liability, and/or any unreasonable responsibility or assumption of liability by an indemnitee without the prior written consent of the affected indemnitee, which shall not be unreasonably withheld or delayed; and (C) the Indemnifying Party shall provide the indemnified Party all available information and reasonable assistance at the cost of the Indemnifying Party. The Indemnified Party reserves the right, at its own expense, to participate in any defense of a Claim. A party's indemnification obligation is expressly conditioned upon the Indemnified Party's compliance with Section 10.4, provided that the failure to give notice of a Claim will not limit the rights of an Indemnified Party hereunder, except to the extent that such failure materially prejudices the ability of the Indemnifying Party to defend such Claim.

10.5 Applicable Laws

Except as expressly stated in these Terms and in our Privacy Policy Statement, we make no representations or warranties that our Service(s), Sites and/or Additional Services, including, but not limited to, any information, content, materials, and/or data represented on or within our Service(s), Sites and/or Additional Services, are appropriate or available for use in your jurisdiction. If not expressly stated otherwise herein, it is solely your responsibility to comply with any local ordinances and/or laws applicable to your use of our Service(s), Sites and/or Additional Services.

11. Third-Party Component Integration with Our Service

Our Service(s) may include third-party libraries and codes that may be subject to third-party open-source licensing terms. Some such open-source terms determine the applicable extent of the respective open-source code licensed thereunder, and to what extent such terms prevail over any conflicting licensing terms, including these Terms. We will do our best to identify and highlight such open-source code, within our Service(s), and we encourage Customer to be familiar with such open-source terms. Be aware that we make every effort to utilize only open-source codes that do not impose any obligation, or affect Customer Data, or which are related intellectual property, beyond what is stated in the open-source terms and herein, in the ordinary use of our Service(s) that does not involve any modification, distribution, or independent use of such open-source code. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any open-source codes.

12. General Provisions

12.1 Translated Versions

These Terms were written in English and for convenience, we may translate these Terms into other languages. If there is a conflict between a translated version (non-English) to this English version (these Terms), the provisions of the English version shall prevail.

12.2 No Third-Party Beneficiaries

These Terms and the Service(s) provided hereunder, do not create a partnership, fiduciary, agency, joint venture, franchise, or employment relationship between the parties. There are no third-party beneficiaries to these Terms.

12.3 Force Majeure

We will not be liable for any failure to deliver our Service(s) and/or Additional Services and/or any lack of performance of our Service(s) and/or Additional Services, including delays in performance of our Service(s) and/or Additional Services, due to events that are beyond our reasonable control, which may include, but are not limited to, denial-of-service ("DDos") attacks, interruption or failure of the internet or any utility service, failures in or of third-party hosting services, riots, acts, fires, shortages, strikes, act of God, terrorism, war, and/or government action.

12.4 Assignment

You do not have a right to assign these Terms or any and all rights and obligations hereunder, without providing prior notice to, and obtaining our, prior written consent. Any purported assignment in violation of this section shall be null and void. We can assign these Terms without your consent.

12.5 Notice

Notices to Fireberry will only be effective when delivered to legal@fireberry.com or to our main offices at Menachem Begin Rd 125, Tel Aviv Israel, or any subsequent address that we may post in or on our Sites and/or our Service(s). We may give general notices within our Service(s), which will be effective when posted. Alternatively, we may give you notice, of our choice: (A) via our Service(s) and/or by telephone, in-app notification, or SMS message; or (B) by email or physical mail to the last known email address or physical address that we have for you on record. You hereby assert and agree that any notices, agreements, disclosures, or other communications that we send to you by electronic means will satisfy any legal requirements of communication, including, but not limited to, that such communications be in writing. Any such communication(s) to you by the above-means shall be deemed as received upon (i) receipt; or (ii) 24 hours after delivery, whichever occurs first. Be aware that it is solely your responsibility to keep all of your contact information current and up-to-date within your Account and in our records and you waive your rights to receive such communications and/or notices if you do not provide your current and up-to-date contact information.

12.6 No Waiver

the failure of either party to exercise and enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

12.7 Term of Service Updates and Modification

These Terms, and all policies and procedures referenced herein, along with terms applicable to your Subscription Agreement, become part of your agreement with Fireberry as it relates to your use of our Service(s), Sites and/or Additional Services, and/or materials, and shall govern in any instance where conflicting and/or additional communications may update, modify, add, and/or negate portions of these Terms. If we revise or modify these Terms, or any policy or procedure referenced herein, the revision or modification shall not apply retroactively and shall take binding effect on the day after any such revised Terms are published, which can be found by going to www.fireberry.com/legal. We shall give notice of any material changes to these Terms via email and/or within our Service(s) and we may also post such changes to our Sites. In the event you object to our revised Terms, you must give us written notice within 7 days after our publication of the revised Terms. If you do not timely object to any of these Terms' modifications or amendments by written notice and within the prescribed period as detailed herein,  your continued access to, and/or use of, our Service(s), Sites and Additional Service(s), as applicable, shall constitute your acceptance of any such modifications and/or amendments and the most current version of these Terms shall govern our relationship with you as a Fireberry Customer upon the effective and binding date of said modified and/or amended Terms.  If your Subscription Agreement renews at the end of your Subscription Term, the Terms published here www.fireberry.com/legal, at the time of renewal, shall govern upon your renewal. Be aware that we have no obligation to notify you of any non-material changes to these Terms and we strongly urge you to regularly look for updates about any such non-material changes to these terms as they are published on our Sites and/or through our Service(s).

12.8 Severability

These Terms, and all policies and procedures detailed herein, shall be enforced to the fullest extent permitted under the law. In any event that any provision of these Terms is held by a court of proper jurisdiction to be illegal, invalid, and/or unenforceable, said provision shall be modified at the directive of the court of proper jurisdiction and interpreted so as best to accomplish the objectives of the original provision, to the fullest extent permitted by law. In any such event, the remaining provisions of these Terms shall remain in effect.

12.9 Export Controls

Some or all parts of our Service(s) may be subject to Israeli, United States and/or other governmental or regulatory export control, economic sanctions and/or other applicable export and import laws ("Export Controls"). You hereby acknowledge and agree to abide by all Export Controls as they relate to your access and use of our Service(s), Sites and/or Additional Services. You are not allowed to access and use our Service(s), Sites and/or Additional Services if you are located in a jurisdiction where the use and the provisions of our Service(s) (these Terms) are prohibited by controlling law ("Prohibited Jurisdiction"), nor may provide access to our Service(s), Sites and/or Additional Services to any government, individual and/or entity that is located in any such Prohibited Jurisdiction. In accepting these Terms by use of our Service(s), Sites and/or Additional Services, you represent and warrant that: (A) you are not located in Prohibited Jurisdiction – or export, re-export, use or import our Service(s), or any portion thereof, to – any person, organization, Prohibited Jurisdiction, entity, or otherwise, in violation of any applicable Export Controls; (B) you are not (i) organized under the laws of, operating from, or otherwise an ordinary or habitual resident of, a country or territory that is subject to comprehensive United States economic or trade sanctions, (ii) identified on a list of prohibited or restricted entities or persons, such as the U.S. Department of Treasury's list of Specially Designated Nationals and Blocked Persons, or (iii) otherwise the target of United States sanctions; and (C) Personal Data and/or Customer Data is not controlled under the U.S International Traffic in Arms regulations or similar laws in other jurisdictions, or otherwise requires any special permission or license, with respect to its use, import, export, and/or re-export hereunder. Customer is solely responsible for complying with applicable Export Controls and sanctions that may impose additional restrictions, prohibitions or requirements on the use, export, re-export, or import of our Service(s), and/or Customer's Personal Data and/or Customer Data.

12.10 Governing Law & Jurisdiction

These Terms, including all policies and procedures detailed herein; as well as all remedies and rights provided hereunder; and any claims and disputes related hereto and/or with regard to our Service(s), Sites and/or Additional Services, including their interpretation, or the breach, termination, or validity thereof; and any related transaction or purchase resulting from your Customer relationship with Fireberry, shall be governed by, construed under, and enforced in all respects – solely and exclusively in accordance with – the internal substantive laws of the State of Israel, without respect to its conflict of law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a competent court located in Israel. Application of the United Nations Convention of Contracts for the International Sale of Goods, or any similar law and/or regulation, is hereby expressly excluded.

12.11 U.S. Government Use

If Fireberry Customer is part of any United States Government department and/or federal agency, in its official capacity ("Government Client"), our Service(s) shall be provided for government use solely in accordance with the provisions of the Federal Acquisition Regulation ("FAR"), as codified within the Code of Federal Regulations ("CFR"), and our Service(s) under these Terms shall be qualified as "Commercial Computer Software Documentation" and "Commercial Computer Software" under FAR 2.101, FAR 12.212 and supplements thereto, including the Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7201 and DFARS 252.227-7014. United States Government technical data and software rights related to our Service(s) include only those rights customarily provided to the public as defined in these Terms. This customary commercial license is provided in accordance with FAR 12.211, FAR 12.212, FAR 27.405-3, FAR 52.227-19, DFARS 252.227.7202-3, DFARS 227.7202.1, and General Services Acquisition Regulation ("GSAR") 552.212-4(w). To avoid any doubt: under no circumstances shall source codes be provided or considered to be a deliverable, or a software deliverable, under these Terms and we shall not grant any license to any source code contained in any deliverable, or a software deliverable, to a Government Client. If a Government Client has need for rights not conveyed under these Terms, the Government Client must negotiate with Fireberry to determine if there are any acceptable terms for transferring such rights and, thereafter, a mutually acceptable written addendum specifically conveying such rights will be included in any applicable contract or agreement between the Government Client and Fireberry.

12.12 Survival

Section 2.5, 3, 4, 5, 6 as applicable, 7, 9, 10 and 12 shall survive the termination, cancelation, or expiration of these Terms, and continue to be in full force and effect, in accordance with the respective terms.

12.13 Contact Us

If you have questions regarding our Terms, please contact us at legal@fireberry.com, or write to us at: Post Office Box 120, Tel-Aviv, 6100002, or contact us. If you have discovered a mistake or error in our Terms, please notify us at support@fireberry.com.

Effective Date: 17.04.2023
Please see our old Terms of Use at: www.fireberry.com/terms-of-service-old-version