Terms and conditions

Last Updated: 01.11.2020

BEFORE USING THE SOFTWARE AND/OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE AND/OR THE SOFTWARE YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND/OR THE SOFTWARE.

1. INTRODUCTION

These are terms and conditions of use of website https://fireaff.com/ (“Site”) and the Software offered through it. Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Software. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the person is registered as a User (as defined below in Definitions) or is using the Site as a Visitor (as defined below in Definitions) without registration.

Persons (individuals/businesses) who are not registered on the Site will have the opportunity to view and use only some part of the information on the Site, and will not have the ability to use the Software. Such persons must in any event comply with these Terms and Conditions, the Privacy Policy.

These Terms and Conditions may be changed or modified in whole or in portions at any time without further notice. It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them. Your continued use of the Site and/or the Software after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Software.

2. DEFINITIONS & PARTIES

Provider: Fireaff Inc., a company incorporated and existent in the Geneva Place, Waterfront Drive, PO Box 25612, Road Town, Tortola, British Virgin Islands, who is granted right by the Owner to provide the Users access to the Software via the Site and collect fees from Users (“Fireaff”, “we”, “our ” or “us”).

End-User Agreement: Agreement with User made by Owner or Provider (or other Owner’s licensee) which grants User a right to access and use Software through the Site.

Owner: the sole owner of intellectual property rights and other rights to the Software and the Site – Fireaff Inc., (“Fireaff”, “we”, “our” or “us”).

Privacy Policy: The document setting out how personal data and other important information from any User or Visitor is collected, used, retained and transferred.

Site: The website located at the address http://fireaff.com (“Fireaff”, “we”, “our” or “us”).

Software: Performance marketing software solution (including any and all upgrades, additions, enhancements, modifications, customization) obtained and/or developed, in whole or in part, by the Owner, which is accessible by the Users via the Site (“Fireaff”, “we”, “our” or “us”).

Terms and Conditions: The present Terms and Conditions of Use with their appendices and all further and subsequent supplements and amendments.

The parties are: The Data User (or, in accordance with GDPR, the controller and the processor) of the personal data of the users on this website is the Fireaff Inc. company (hereinafter referred to as the “Company”, “We”, “Our”), The Company has sole control over the collection, holding, processing or use of the data of the users and visitors of the Website.

Personal data subjects are visitors of this website and/or persons who use the functionality of this website (hereinafter referred to as “User” or “You”).

“The Company” and “The User” are together referred to as “Parties”, and “the Party” when being mentioned separately.

3. SOFTWARE AND SITE

The performance marketing software solution used for data retrieval, analyses, sorting, warehousing, processing and presentation as available to Users through the Site.

3.1. Requirements for the use of the Software and the Site

You need to register on the Site and to provide only accurate, complete, and up-to-date information. Each time, to access and use the Software via the Site, you shall be required to login by using your email and password as provided with your registration.

Upon expiration of free trial, you need to obtain end-user license and to conclude with Owner or Provider the End-User Agreement (by way of signing the Order Form to it) to use the Software.

Except for the period of free trial, you shall be charged for the access to the Software as detailed in the End-User Agreement. You agree to pay the applicable fees and taxes to Owner or Provider (depends on who you concluded the End-User Agreement with). You are responsible for paying all applicable sales, use, transfer or other taxes, including withholding tax, and all duties including correspondent bank fees.

3.2. Use of the Software and the Site

You shall be allowed to (i) upload data to the Software; (ii) use Software to retrieve, arrange, analyze and store the data, (iii) download data from the Software, as provided in the End-User Agreement. With respect to the use of the Site/the Software, you are prohibited and you agree not to engage in (i) offenses against any individual and his privacy and (ii) the uploading of indecent materials or the use of the Site/the Software in any matter that is inconsistent with applicable laws or such as to injure Provider’s and/or Owner’s business reputation.

You agree that Provider and/or Owner are not responsible or liable for any data (including content and links) uploaded by you on the Site/the Software. Owner is entitled to remove from the Site any information. You use the Site/the Software at your own risk.

3.3. Communication and offers

Owner or Provider is entitled at any time to publish on the Site any proposals, to propose new services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, the latter shall prevail.

Subject to the terms set forth in the Privacy Policy, Owner and Provider shall have the right to send Users email messages, using the email address provided by Users at the time of registration, regarding the Site/Software and any new proposed services, or any other relevant matters that in Owner’s/Provider’s view may assist in enhancing Users’ experience using the Software. Such messages may include reminders, invitations, suggestions and descriptions of existing, new or future services, other important notices, as well as marketing and promotional content.

3.4. Support

Support of two kinds shall be provided to the clients/customers under these Terms and Conditions:

(1) advice and consultations on the use of the Site and/or Software. Such support shall be delivered 24/7 via support request form on the Site;

(2) technical support, which requires access, modification or update of Software and/or access to Users’ data processed by Software.

4. PAYMENTS

Provider is entitled to collect fees from Users for the granted right (sub-license) to access and use of Software via the Site, according to the prices indicated in the Order Form to the End-User Agreement.

Fireaff may use various billing service providers. When using such provider’s services, you agree to be subject to, and to comply with, the terms and policies of such provider. Fireaff shall not be liable and/or responsible for any acts or omissions of such billing providers.

All payment conditions as well invoice issuing terms are indicated in the End-User Agreement and the Order Form to it.5. GENERAL RESPONSIBILITIES

5. RESPONSIBILITIES

5.1. GENERAL RESPONSIBILITIES

All Users and Visitors acknowledge and agree that Owner or Provider is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Software and/or their compliance with applicable law.

Every User and Visitor is responsible and must comply with all applicable laws related to his/her use of the Site and the Software. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other companies/individuals.

You acknowledge and agree that Provider and/or the Owner are/is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a Visitor and/or User actions while using the Site and/or the Software. Only Visitor/User himself is responsible for his actions while using the Site and/or Software and his/her compliance with all applicable laws.

5.2. USER'S RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

5.2.1. Users undertake the following: (i) when registering on the Site, to provide true information, including his or her real name, company he/she represents, contact details; (ii) to sign up for the Site only once and not to create more than one Account (one Account per User); (iii) not to use the Site and/or Software for performance of unlawful actions or transactions or frauds; (iv) not to copy or to otherwise make an illegal use of information placed on the Site that was uploaded by Owner/Provider or any other third party; and (v) to ensure that all information provided is correct.

Users and Visitors undertake that, while using the Site and Software, they will: (i) not infringe property rights or personal non-property rights of Owner/Provider and/or any third parties (including intellectual property rights); (ii) not violate any applicable laws or regulations; and (iii) not upload any data that is contrary to law or contains any viruses or other computer programs or files that may (a) interfere with the normal operation of the Site and/or Software, (b) cause damage to the Owner/Provider and/or User or their property, or impede the User’s use of the Site or Software and the User’s computer.

You also agree and shall not to use the Site and/or the Software for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to, (i) not to use any hacking or cheating software or tools to obstruct, disrupt or interfere with the operation of the Site and/or the Software; (ii) not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or the Software, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site and/or Software; (iii) not to obtain or attempt to obtain any information from the Site and/or the Software, including email addresses or phone numbers of other account holders or other software data; (iv) not to use the Site and/or the Software for any illegal, obscene, offensive or immoral purpose.

Owner or Provider (or other Owner’s licensee) are not responsible for any Visitor’s/User`s behavior while using the Site or the Software. Visitors/Users are solely responsible for his/her use of Site and/or the Software, including the use by their employees or any unauthorized person.

Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Owner or Provider of any unauthorized use of their password or account or any other breach of security, and (ii) ensure that they exit from their account at the end of each session when accessing the Site/the Software. Provider and/or the Owner will not be liable for any loss or damage arising from your failure to comply with these obligations.

Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data (particularly, all data submitted during registration at the Site).

5.2.2.Representations and Warranties

When using the Site, you represent and warrant that you: (i) are 18 years old or older; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions, End-User Agreement and any other Site Rules; (iii) shall be fully and exclusively responsible for any use of the Site and/or Software; (iv) have the right to represent the legal entity on behalf of which you use the Site/Software and commit to payments on its behalf; (v) shall pay any and all taxes related to the use of the Site/Software; and (vi) shall promptly pay Owner or Provider for any paid Software pursuant to the fees and procedures specified in the End-User Agreement and the Order Form(s) to it, and you understand that the non-performance of such obligations may result in an obligation to provide full compensation for any losses incurred by the Owner/Provider.

You agree that you are not entitled to collect or store, or attempt to collect or store, personal data about third parties without their knowledge and consent. You acknowledge and agree that you are prohibited from using Software/Site in violation of applicable laws and regulations.

You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material (a) protected by copyright, trademark, trade secret, patent or any other intellectual property right without authorization, or (b) that is defamatory, trade libelous, unlawfully threatening or harassing, pornographic, obscene or harmful to minors, racist, vulgar, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age, or (c) that violates any law or regulation, including without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising, or (d) that contains any viruses, worms or any other software intended to damage or alter a computer system or data.

You represent that all information and data uploaded by you or retrieved, processed by the Software on your behalf shall not contain any material that contains/concerns mass mailings or any form of “spam”.

5.3. RIGHTS AND RESPONSIBILITIES OF THE SITE

Owner/Provider is entitled, at its sole discretion, to limit or terminate a User’s or Visitor’s right to use the Site and/or Software, including cancelling a User’s Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site.

Owner/Provider shall have the right, at his sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User’s Account, as a result of which the User may be deprived of the right to use the Site or any of the Software.

Owner/Provider has the right (but is not required to), with an aim of restraining illegal activities, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. Owner/Provider, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users and Visitors.

Owner shall have the right at any time to (i) modify, update and change the Site and/or Software; (ii) remove or modify features, functionalities of the Site and/or Software; (iii) stop or terminate the Site / the Software entirely or in part; or (iv) rearrange any uploaded or posted information as long as such rearrangement does not affect Users’ data.

The operation and maintenance of the Site and the Software in terms of significant changes and major improvements shall be provided solely by the Owner. Provider has no right to significantly modify the Site and the Software and amend their core features as well as no right to use the Software. Provider does not provide any services to the Users, except for support services which do not involve changes to object code, source code of the Site and/or the Software or any portion of the foregoing.

Owner is entitled at any time to unilaterally terminate or suspend or transfer to third parties the Site and the Software, and, to the extent practicable, shall use commercially reasonable efforts to provide Provider and Users with notification of the same.

Use of Services and Availability. While Owner/Provider uses reasonable efforts to keep the Software accessible, the Software may be unavailable from time to time. You understand and agree that there may be interruptions to the Software and/or use of and/or access to your Account due to circumstances both within Owner’s/Provider’s control (e.g., routine maintenance) and outside of their control. You are solely responsible for ensuring that your access to and/or use of the Software and/or the Site is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Software and/or the Site is revoked where your access to and/or use of the Software and/or the Site is prohibited.

Data regarding the User and protection of rights. As the User, you hereby authorize Owner/Provider to transfer, process and store data enabling Owner/Provider to identify you. You hereby agree to the Owner/Provider using its own means to check whether you are using the Software/Site in accordance with the provisions of the Terms and Condition, the End-User Agreement and other Site Rules. You hereby issue your agreement to data being transferred, during communication between the Software/Site and Owner’s/Provider’s computer systems or those of its business partners, the purpose of which is to ensure functionality of and authorization to use the Software/Site and protection of Owner’s/Provider’s rights. Following your registration on the Site, Owner/Provider or any of its business partners shall be entitled to transfer, process and store essential data identifying you, for billing purposes and performance of the End-User Agreement, Terms and Conditions and other Site Rules.

6. PERSONAL DATA

6.1. Personal/corporate data of Users and Visitors shall be collected and processed in accordance with the provisions of law and in accordance with the Privacy Policy.

6.2. The cancellation of the User’s Account does not mean that Owner/Provider will delete all the Account relevant information or User’s personal/corporate data. Such deletion shall be at Owner’s/Provider’s option and discretion and Owner/Provider may decide to retain and store such information in connection with an investigation or as otherwise required by law or in order to take legal action in consequence of a violation of these Terms and Conditions, the Privacy Policy or any other Site Rules.

Processing of personal data by us and sub-processors, which is subject to General Data Protection Regulation 2016/679, on behalf/instructions of our clients for the purposes of clients’ use of the Software under these Terms and Conditions (during free trial) and under the End-User Agreement, when/if concluded, must be additionally agreed by Fireaff and its clients/customers in writing (Data Processing Agreement which shall be incorporated by reference into and made an integral part of these Terms and Conditions, unless the Client/customer has entered into an End-User Agreement with Fireaff by way of signing the Order Form to it, in which case, Data Processing Agreement forms a part of such agreement).