Terms and Conditions

1.The Gist​

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

These terms are based on the WordPress Terms of Service, which are available under a Creative Commons Sharealike license. This means that you’re more than welcome to copy these Terms, adapt them, and repurpose them for your use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to us somewhere on your website.

1.1. Who’s Who​

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Your Agreement is with Firecamp Private Limited, India.

We refer to Firecamp Private Limited collectively as "Firecamp", "us" or "we" throughout these Terms.

2. Terms of use

2.1. Firecamp Account​

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a Firecamp account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., educational information). Don’t worry — if you aren’t interested, you can opt out of the marketing communications.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

2.2. Firecamp Team

All versions of the Firecamp Services may support working collaboratively in teams.

The User who will be responsible for the establishment and management of your team is referred to as an Admin User. Once your Admin User has created your Account, they can invite other Users to Use the Services through the "invite" feature in the Account. The Admin User will be required to provide the name, email address, and any other information required by Firecamp for each User.

An Admin User shall be entitled to designate more than one Admin User. Upon such designation, each new Admin User will be able to do everything that any other Admin User is permitted to do by the Services and these Terms.

Firecamp charges you a fee for collaboration services for users you invite to collaborate on the workspace. You must not allow any form of time-sharing use, permit more than one individual to use the same Firecamp login credentials, or any other arrangement which bypasses or defeats Firecamp’s system controls designed to enforce team size limits.

2.3. Beta Previews or Insiders or Canary

2.3.1. "Beta Previews or insiders" mean software, services, or features identified as alpha, beta, preview, early access, canary, or evaluation, or words or phrases with similar meanings. Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Services has been and is subject. By using a Beta Preview, you Use it at your own risk.

• INSTALLATION AND USE RIGHTS.
  a. General You may use any number of copies of the software to develop and test your applications, including deployment within your internal corporate network.
  b. Demo use The uses permitted above include the use of the software in demonstrating your applications.
  c. Third Party Components The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software.

• PRE-RELEASE SOFTWARE This software is a pre-release version. It may not operate correctly or work the way a final version of the software will. Firecamp may change it for the final, commercial version. Firecamp also may not release a commercial version. Firecamp is not obligated to provide maintenance, technical support or updates to you for the software.

• DATA: a. DataCollection: The software may collect information about you and your use of the software, and send that to Firecamp. Firecamp may use this information to provide services and improve our products and services. You can read more about - set the link of how we collect data.

• UPDATES: The software may install automatic updates and download and install them for you. You may obtain updates only from Firecamp or authorized sources. Firecamp may need to update your system to provide you with updates.

• FEEDBACK: If you give feedback about the software to Firecamp, you give to Firecamp, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.

• SERVICE SUPPORT:
  Because this software is in beta or insider or canary” we may not provide support services for it.

Confidentiality: As a User of Beta Previews, you may get access to special information that isn't available to the rest of the world. Due to the sensitive nature of this information, we need to make sure that you keep that information secret.

2.4. Minimum Age Requirements​

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

2.5 Firecamp’s Proprietary Rights and Non-exclusivity

Firecamp has only licensed the Services to you and Firecamp does not sell the Services. You acknowledge and agree that Firecamp and its licensors have and retain all legal rights, titles and interests in the Services including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interfaces, algorithms, logic, formula, scripts, workflows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any intellectual property rights that exist therein, whether registered or not and wherever in the world they may exist. As between you and Firecamp, Firecamp shall retain all legal rights, title and interest in the Content, excluding Your Content. Firecamp reserves all rights in and to the Services and Content that it does not expressly grant you in these Terms. Your rights under these Terms are non-exclusive. There is no prohibition or restriction on Firecamp to provide the same or similar rights as set out in these Terms to any other person.

3. Use of Content

3.1 You may create or upload User-Generated Content while using the Services. You are solely responsible for the contents of, and for any consequences resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. By uploading User-Generated Content while using the Services, you represent and warrant that you have all necessary rights to submit the User-Generated Content and that the User-Generated Content is, to your knowledge, accurate, not confidential, and not in violation of any applicable laws, contractual restrictions or other third party rights, including intellectual property rights or privacy-related rights of any person or entity. You also agree that your profile information will be accurate. We are not responsible for any public display or misuse of your User-Generated Content.

3.2 We have the right to refuse or remove any Content that, in our sole discretion, violates any laws or - links to terms and conditions

3.3 You retain ownership of and responsibility for Your Content. You agree that you are solely responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to the Content you post. Because you retain ownership of and responsibility for Your Content, we need you to grant us —and other Users— certain legal permissions listed in Sections 5.4 - 5.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections 5.4 - 5.6. The licenses you grant to us and our Users will end when you remove Your Content from our servers.

3.4 We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the nonexclusive, worldwide, royalty-free right to store, archive, parse, display, and perform Your Content, and make incidental copies, as necessary to provide the Services, including improving the Services over time, and to detect, prevent, and respond to security issues and violations of Services policies. This license does not grant Firecamp the right to sell Your Content. Firecamp does not otherwise distribute or use Your Content outside of our provision of the Services, but we may release Your Content when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others' rights, property, or safety.

3.5 You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Sections 5.4 but not otherwise. To the extent the foregoing is not enforceable under applicable law, you grant Firecamp the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Firecamp Websites and provide the Services.

3.6 Storage of Content. Firecamp provides you the ability to store all or part of Your Content on the Server*. This storage functionality is provided to you on an "as-is, where-is" basis, and Firecamp does not take any responsibility for the security of such Content. If you use the storage functionality to store Your Content, you will be deemed to have accepted all the conditions in these Terms relating to such functionality.

*Server means the storage server and such other hardware and software resources of Firecamp that are used to host and store the Services and Content. Content is shared and made available for editing, modifying or downloading entirely at the risk of your Users and you. The sharing and enabling of editing/modification rights to Your Content are entirely within the control of your Users and Firecamp will not have any liability whatsoever to anyone associated with your Account (including your employer) if Your Content suffers loss or damage or retardation of functionality or is misappropriated according to such sharing.

4. Personal Information

Your Use of the Services does not require any personally identifiable information to be uploaded into or included in the Services except to the extent outlined in this paragraph. You hereby permit Firecamp to collect, use, store and process email address(es), IP addresses from which you access the Services and other login or authentication credentials from both your Users and you to ensure that your Users and you have proper access to the Services and to resolve any issues you may encounter while Using the Services. This information may be considered personal data or personal information under the laws of the jurisdiction from which you access and Use the Services. Firecamp shall collect, use, store and/or process this information only for the purposes listed herein and in our Privacy Policy, which you acknowledge. Unless otherwise required by applicable law, upon the termination of these Terms, any information provided by you for the creation of your Account will be deleted by us from our records within a reasonable period following such termination, normally within six months after such termination.

Firecamp may collect certain data and information from you in connection with your use of the Services and otherwise in connection with these Terms. All such data and information will be collected and used by Firecamp in accordance with our Privacy Policy.

5. Responsibility of Visitors and Users​

We haven’t reviewed, and can’t review, all of the content made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

6. Fees, Taxes, and Renewal​

6.1 Fees

Your use of the Services is subject to you paying Firecamp the fees applicable to the Services plan selected and/or used by you ("Subscription Fee"). The Subscription Fees, permitted usage, and available features for each Services plan are listed at the "Pricing page"

You will pay all fees in United States Dollars per the payment terms on an Order or otherwise agreed upon at the time of purchase. The amount of fees payable by you shall vary depending upon the number of Users and the period for which you are authorized to Use the Services ("Subscription Term"). Payment obligations are non-cancelable and, except as expressly stated in these Terms, fees paid are non-refundable. In making payment, you acknowledge and agree that you are not relying on being able to Use the Services beyond the Subscription Term or on the availability of any future enhancements or upgrades. If you fail to pay any fees on time, Firecamp reserves the right, in addition to taking any other action at law or equity, (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) suspend or terminate the applicable Services.

Except as otherwise specified in an Order, all subscriptions will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates outlined in the Pricing) unless you cancel auto-renewal of your subscription through your Account at least thirty (30) days prior to the end of the then-current Subscription Term. If you cancel auto-renewal, your subscription will terminate at the end of the then-current billing cycle, or immediately if you so choose, however, you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

6.2 Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

6.3 Payment

When you purchase a subscription ("Purchase"), you expressly authorize Firecamp (or our third party payment processor) to charge you the Subscription Fee (at the then-current Pricing) and Taxes, as follows: (i) monthly in advance for monthly plans, (ii) annually in advance for annual plans for additional Users you add during an existing Subscription Term. Subscription Fees are subject to change, although Firecamp will notify you in advance of any such change.

Firecamp may ask you to supply additional information relevant to your Purchase, including your credit card number and expiration date, and your billing address (such information, as "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Purchase, you authorize Firecamp to provide your Payment Information to our third party service providers so Firecamp can complete your Purchase and to charge your payment method for the type of Purchase you have selected (plus any Taxes and other applicable charges).

6.4 Authorization for Recurring Payments

By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or Firecamp. Firecamp (or our third party payment processor) will automatically charge you in accordance with your Subscription Term (e.g., each month or year), on the calendar day corresponding to the commencement of your Subscription Term, using the Payment Information you have provided. In the event your Subscription Term begins on a day not contained in a given month, your payment method will be charged on 1st day of each month. Your subscription continues until cancelled by you or Firecamp terminates your access to or use of the Services or the subscription in accordance with these Terms. You will pay all fees in United States Dollars per the payment terms on an Order or as otherwise agreed at the time of purchase.

• Cancelling Automatic Renewal: You can manage and cancel your Paid Services through our website.

• Fees and Changes: We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

7. Feedback​

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, a testimonial you agree that we’re free to use them without any restriction or compensation to you.

8. General Representation and Warranty​

You represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the country in which you reside and the use or provision of financial services);
• Will not be for any unlawful purposes or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of Firecamp or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

9. Copyright Infringement​

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

10. Intellectual Property​

The Agreement doesn’t transfer any of our or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Firecamp and you) solely with Firecamp. Trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of us or other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Firecamp or third-party trademarks.

11. Third-Party Services​

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins or authentication providers) provided or manufactured by a third party or yourself (“Third-Party Services”). If you use any Third-Party Services, you understand that:

• Third-Party Services aren’t vetted, endorsed, or controlled by us.
• Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
• Some Third-Party Services may request or require access to your data through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
• If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly. In rare cases, we may at our discretion, suspend, disable, or remove Third-Party Services from your account.

12. Changes​

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13. Termination​

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers​

Our Services are provided “as is.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your discretion and risk.

15. Jurisdiction and Applicable Law​

This Service is operated by M/s. Firecamp Pvt Ltd., a Private Limited Company registered in India. These Terms are governed by the laws applicable in India. You hereby consent to the exclusive jurisdiction and venue of courts in Gujarat, India.

16. Limitation of Liability​

In no event will Firecamp, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Firecamp under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. Indemnification​

You agree to indemnify and hold harmless Firecamp, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement.

18. Translation​

These Terms were originally written in English. We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

19. Miscellaneous​

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between us and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We may assign our rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Changes

1st March, 2023