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Terms and Conditions

FireAce Solutions s.r.o. 

Terms and Conditions

Last Updated: February 24, 2025 

These Terms of Service constitute a legally binding agreement between you and FireAce Solutions s.r.o.  (together with its affiliates, “FireAce Solutions”, “we,” “our” or “us”) governing your use of our products, services,  mobile application (the “App”), and website (the “Site” and collectively with the foregoing, the “Services ”). 

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON,  REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON  YOUR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE  READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU  HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN  YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date  you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.  If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you  represent and warrant that (i) you have full legal authority to bind your employer or such entity to these  Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these  Terms of Service on behalf of the party that you represent and any permitted users of such party. In such  an event, “you” and “your” will refer and apply to your employer or such other legal entity. 

Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“ Privacy Policy”), available at https://efficlose.com/privacy-policy. You acknowledge that by using the  Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these  Terms of Service and together form and are hereinafter referred to as this “Agreement.” 

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND FireAce Solutions CAN BE  RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER  (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE,  YOUR RIGHT TO OPT OUT OF ARBITRATION. 

1. Our Services 

We provide a platform that can record, transcribe, summarize, analyze, and take action on  conversations, helping users easily share their conversations and automate their work. Comment end  Additionally, our platform integrates with CRM systems and task managers, enabling seamless workflow automation and enhanced productivity.  

2. Account, Password, Security, and Mobile Phone Use 

You must register with FireAce Solutions and create an account to use the Services (an “Account”) and as part of  that process you will be requested to provide certain information, including without limitation your name,  and email address. By using the Services, you agree to provide true, accurate, current and complete  information as prompted by the registration process and to maintain and promptly update the Account  information to keep it accurate, current and complete. You are the sole authorized user of your Account.  You are responsible for maintaining the confidentiality of any log-in, password, and Account number  provided by you or given to you by FireAce Solutions for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account.  FireAce Solutions has no control over the use of any user’s Account and expressly disclaims any liability derived  therefrom. Should you suspect that any unauthorized party may be using your password or Account or  you suspect any other breach of security, you agree to contact FireAce Solutions immediately. 

The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes  of these Terms of Service and will be the person who is authorized to use any corresponding Account we  provide to the Account Owner in connection with the Services; provided, however, that if you are signing  up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account  Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to  all benefits accruing thereto. Your Account is not transferable to any other person or account. You must  immediately notify us of any unauthorized use of your password or identification or any other breach or  threatened breach of our security or the security of your Account. 

3. Billing and Payment 

Payment and any other expenses must be paid through the third party payment processing system (the “ PSP”) as indicated on the Services. You may be required to register with the PSP, agree to terms of service  of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of  Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services  Agreement. Please note that FireAce Solutions is not a party to the PSP Services Agreement and that you, the PSP  and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement  and that FireAce Solutions has no obligations, responsibility or liability to any user or any other party under the PSP  Services Agreement. 

All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or  other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in  the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you  provide to us, and will be calculated at the time a transaction is charged to your Account. Unless otherwise  indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. 

4. User Content 

“User Content” is defined as any content, information, and materials that may be textual, audio, or visual  that you provide, submit, upload, publish, or make otherwise available to the Services and other users. You are the only one who is in charge of User Content. You agree that you are the only one responsible  for the User Content you send, transmit, display, or upload while using the Services. You are also  responsible for following all laws that apply to the User Content, including, but not limited to, any laws  that require you to get permission from a third party to use the User Content and to give proper notices  of third-party rights. You promise and guarantee that you have the right to upload the User Content to  the Services and that doing so does not violate or infringe on the rights of any third party. Under no  circumstances will FireAce Solutions be responsible for (a) User Content that is sent or viewed while using the  Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind caused by the  authorised use of, access to, or denial of access to User Content. FireAce Solutions isn't responsible for any User  Content, but it has the right to delete any User Content at any time without notice if it breaks any of the  rules in this agreement or the law. You keep the right to copy User Content and any other rights you  already have. 

FireAce Solutions is a passive conduit for your online distribution and publication of your User Content. You  acknowledge and agree that FireAce Solutions: 

  • Is not involved in the creation or development of User Content. 
  • Disclaims any responsibility for User Content.
  • Cannot be liable for claims arising out of or relating to User Content. 
  • Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or  remove User Content on the Services at its sole discretion. 

You hereby represent and warrant to FireAce Solutions that your User Content (i) will not be false, inaccurate,  incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade  secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law,  statute, ordinance, or regulation (including without limitation those governing export control, consumer  protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be  defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain  pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not  facilitate human trafficking; (vii) will not support terrorism or terrorist organizations; (viii) will not be  fraudulent, false or misleading; (ix) will not be defamatory, harassing, threatening or abusive, which  includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin,  gender or sexual orientation; (x) will not send unauthorized messages, advertising or spam, including  unsolicited promotional or commercial content or other mass solicitation materials; (xi) will not  misrepresent your identity or affiliation with any entity or organization, or impersonate any other person;  (xii) will not harvest, collect or gather user data without consents; (xiii) will not contain any viruses, Trojan  Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to  damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or  personal information; (xiv) will not represent you being employed or directly engaged by or affiliated with  FireAce Solutions or purport you to act as a representative or agent of FireAce Solutions; and (xv) will not create liability for  FireAce Solutions or cause FireAce Solutions to lose (in whole or in part) the services of its ISPs or other suppliers. 

You are responsible for compliance with all recording laws. You may choose to record certain meetings  in FireAce Solutions. By using the Services, you are giving FireAce Solutions consent to store recordings for any or all  FireAce Solutions meetings or webinars that you join, if such recordings are stored in FireAce Solutions’ systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being  recorded, you can choose to leave the meeting. 

5. Representations and Warranties 

You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required  age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts,  and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms  and conditions of this Agreement, and that you will so abide. When you enter into this Agreement on  behalf of a company or other organization, you represent and warrant that you have authority to act on  behalf of that entity and to bind that entity to this Agreement. 

You further represent and warrant that (i) you have read, understand, and agree to be bound by these  Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act  professionally and responsibly in your interactions with other users, and (iii) when using or accessing the  Services, you will act in accordance with any applicable local, state, or federal law or custom and in good  faith. 

You agree not to engage in any of the following prohibited activities, among others: (i) copying,  distributing, or disclosing any part of the Services in any medium other than as allowed by the Services  and these Terms of Service; (ii) using any automated system (other than any functionalities of the  Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;

(iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext,  spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or  decipher any transmissions to or from the servers running the Services; (v) violating any international,  federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful  purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data,  viruses, worms, or other software agents through the Services; (viii) infringing upon or violate our  intellectual property rights or the intellectual property rights of others; (ix) impersonating another person  or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or  attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing,  stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity)  of any other users or visitors of the Services or staff member of FireAce Solutions; (xi) interfering with or any activity  that threatens the performance, security or proper functioning of the Services; (xii) uploading or  transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile,  disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv)  bypassing the security features or measures we may use to prevent or restrict access to the Services,  including without limitation features that prevent or restrict use or copying of any content or enforce  limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts  or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any  manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual  to do any of the foregoing. 

You hereby warrant and represent that, other than as fully and promptly disclosed to FireAce Solutions as set forth  below, you do not have any motivation, status, or interest which FireAce Solutions may reasonably wish to know  about in connection with the Services, including without limitation, if you are using or will or intend to use  the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant 

and represent that you will promptly disclose to FireAce Solutions in writing any such motivation, status or  interest, whether existing prior to registration or as arises during your use of the Services. 

6. Technology services 

Artificial Intelligence services 

For certain services, FireAce Solutions may employ Artificial Intelligence (AI) or other similar technologies, which  may include the processing of user data. FireAce Solutions will take reasonable means to preserve the privacy and  security of such data, but FireAce Solutions is not liable for any loss or harm resulting from the user's use of AI or  similar technologies. By utilizing FireAce Solutions' services, the user understands and accepts the risks involved  with the use of AI or similar technologies and agrees to indemnify and hold FireAce Solutions harmless for any  claims, damages, or losses resulting from such usage. 

Private Cloud services 

The Private Cloud user acknowledges and agrees that all Personal User Information (PII), Protected  Health Information (PHI), User Content, Organizational Strategies, and Confidential Information  collected, accessed, or processed via the FireAce Solutions Private Cloud will be kept strictly confidential and  protected. FireAce Solutions.ai, as the supplier of the Private Cloud solution, shall only access and process the  user's sensitive data with the user's express permission and solely for the agreed-upon services. The  user is entirely responsible for maintaining the secrecy and security of its personal information and for  adhering to all applicable data privacy and security legislation.

The Private Cloud user understands and accepts that he or she is solely responsible for the availability  and uptime of the FireAce Solutions Private Cloud solution. The user is responsible for administering and  monitoring the Private Cloud solution, including keeping adequate backups, disaster recovery plans, and security protocols. FireAce Solutions.ai will provide the required infrastructure and assistance to ensure that the  Private Cloud solution is operational. FireAce Solutions.ai is not liable for any damages or losses resulting from  outage or unavailability of the Private Cloud service as a result of inadequate management and  monitoring by the user. 

7. Termination and Suspension 

You may cancel and delete your Account at any time by either using the features on the Services to do so  (if applicable and available) or by written notice to [email protected]. After cancellation your profile will  be purged and, you will no longer have access to your Account, your profile or any other information  through the Services. The provisions of these Terms of Service which by their intent or meaning intended  to survive such termination, including without limitation the provisions relating to disclaimer of  warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of  Service and any termination of your use of or subscription to the Services and shall continue to apply  indefinitely. 

At any time and for any reason, we have the right to deny access to the Services to anybody. If FireAce Solutions is  investigating you or believes you have violated any of the terms of this Agreement, we may prevent you  from accessing the Services or restrict how much of them you can use. We'll inform you in writing or by  email. This notice of termination or limitation shall be effective immediately. You cannot register for and 

create a new Account in the name of a third party, a fake or borrowed name, or your own identity if  FireAce Solutions terminates or restricts your ability to use the Services due to this section, even if you are acting  on their behalf. 

Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable  against you. FireAce Solutions reserves the right to take appropriate legal action, including but not limited to  pursuing arbitration in accordance with Section 14 of these Terms of Service. 

FireAce Solutions reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the  Services at its sole discretion. FireAce Solutions is not liable to you for any modification or discontinuance of all or  any portion of the Services. FireAce Solutions has the right to restrict anyone from completing registration as a user  if FireAce Solutions believes such a person may threaten the safety and integrity of the Services, or if, in FireAce Solutions’  discretion, such restriction is necessary to address any other reasonable business concern. 

Following the termination or cancellation of your Account (as defined below), we reserve the right to  delete all your data, including any User Content, in the normal course of operation. Your data cannot be  recovered once your Account is terminated or canceled. 

8. Links to Third-Party Websites 

From time to time, the app may have links to sites outside of it. These sites may have links to offers and  promotions from third parties. We put these in so that you can find information, products, or services that  you might find helpful or interesting. We are not responsible for what is on these sites or what they offer,  and we can't promise that they will always be up and running. Just because we have links to these other  sites doesn't mean that we support or work with the people who run or promote them. 

The terms and conditions of use and privacy policies for any website controlled, owned, or run by a third  party tell you how to use that website. You use these websites run by other people at your own risk. 

FireAce Solutions makes it clear that it is not responsible for anything that happens because you use or look at  websites or other content linked from the Services. You agree to not hold FireAce Solutions responsible for anything  that might happen if you click on a link on the Services. 

As part of the way the Services work, you can link your Account with online accounts you may have with  third-party service providers like Google (each such account, a "Third-Party Account") by either: I  providing your Third-Party Account login information through the Services; or (ii) allowing FireAce Solutions to  access your Third-Party Account, as permitted by the terms and conditions that govern your use of each  Third-Party Account. You promise that you have the right to give FireAce Solutions your Third-Party Account login  information and/or give FireAce Solutions access to your Third-Party Account, without breaking any of the terms  and conditions that govern your use of the applicable Third-Party Account and without requiring FireAce Solutions  to pay any fees or making FireAce Solutions subject to any usage limits set by such third-party service providers. By  giving FireAce Solutions access to any Third-Party Accounts, you agree to the following: (1) FireAce Solutions may access,  make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your Account,  including, but not limited to, any friend lists; and (2) FireAce Solutions may send and receive additional information  to your Third-Party Account to the extent you are no longer the account holder. Unless these Terms of  Service say something different, all SNS content, if any, is considered to be User Content. Depending on  the Third-Party Accounts you choose and the privacy settings you've made in those Third-Party Accounts,  personally identifiable information that you post to your Third-Party Accounts may be available on and  through your Account on the Services. Please note that SNS Content may no longer be available on and  through the Services if a Third-Party Account or an associated service becomes unavailable or if FireAce Solutions'  access to a Third-Party Account is cut off by the third-party service provider. As explained below, you will  be able to turn off the link between your Account on the Services and your Third-Party Accounts at any  time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH  YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY  PROVIDERS. FireAce Solutions doesn't try to check any SNS Content for accuracy, legality, or lack of infringement,  among other things, and FireAce Solutions isn't responsible for any SNS Content. 

9. Intellectual Property Rights 

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs,  music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content  (collectively “Proprietary Material”) that users see or read through the Services is owned by FireAce Solutions,  excluding User Content, which users hereby grant FireAce Solutions a license to use as set forth herein. Proprietary  Material is protected in all forms, media and technologies now known or hereinafter developed. FireAce Solutions  owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of  such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The  Proprietary Material is protected by the domestic and international laws governing copyright, patents,  and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit  anything from the Services without FireAce Solutions’ express prior written consent and, if applicable, the holder  of the rights to the User Content. 

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the  prior permission of FireAce Solutions and, if applicable, the holder of the rights to the User Content. 

The service marks and trademarks of FireAce Solutions, including without limitation FireAce Solutions and FireAce Solutions logos, are  service marks owned by FireAce Solutions. Any other trademarks, service marks, logos and/or trade names  appearing via the Services are the property of their respective owners. You may not copy or use any of  these marks, logos or trade names without the express prior written consent of the owner.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the  Services, including without limitation about how to improve our services or our products (“Feedback”).  By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without  restriction and will not place FireAce Solutions under any fiduciary or other obligation, and that we are free to use  the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your  submission, FireAce Solutions does not waive any rights to use similar or related Feedback previously known to  FireAce Solutions, developed by its employees, or obtained from sources other than you. You acknowledge that all  email and other correspondence that you submit to us shall become our sole and exclusive property. 

In addition, FireAce Solutions retains all rights to aggregated and anonymous data derived from your use of the  Service, with the understanding that such data will not be identifiable as belonging to or emanating from  you nor will such data contain information that directly or indirectly identifies you or any other person  (natural or otherwise). 

Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive,  nontransferable, freely revocable, right to access and use the Services. We may terminate this right at any  time for any reason or no reason. The Services and all materials therein or transferred thereby, including,  without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service  marks, reports generated by the Services, and copyrights (the “FireAce Solutions Content”), and all Intellectual  Property Rights (as defined below) related thereto, are the exclusive property of FireAce Solutions or, as applicable,  its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a  license or other right in or under any such Intellectual Property Rights, and you agree not to sell, license,  rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit  or create derivative works from any materials or content accessible on the Services. Use of the FireAce Solutions  Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly  prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights,  copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service  mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or  hereafter come into existence, and all applications therefore and registrations, renewals and extensions  thereof, under the laws of any state, country, territory or other jurisdiction. 

Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict  adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated  with your use of the App. FireAce Solutions may modify such guidelines in its sole discretion at any time. FireAce Solutions  reserves the right to terminate your Account and access to the Services if it determines that you have  violated any such applicable guidelines. 

10. Copyright Complaints and Copyright Agent 

FireAce Solutions respects the intellectual property of others, and expects users to do the same. If you believe, in  good faith, that any materials provided on or in connection with the Services infringe upon your copyright  or other intellectual property right, please send the following information to FireAce Solutions’ Copyright Agent at [email protected] or FireAce Solutions s.r.o., Sokolovská 428/130, Karlín, CZ-18600 Praha: 

A description of the copyrighted work that you claim has been infringed, including the URL  (Internet address) or other specific location on the Services where the material you claim is  infringed is located. Include enough information to allow FireAce Solutions to locate the material, and  explain why you think an infringement has taken place; 

  • A description of the location where the original or an authorized copy of the copyrighted work  exists -- for example, the URL (Internet address) where it is posted or the name of the book in  which it has been published;
  • Your address, telephone number, and email address; 
  • A statement by you that you have a good faith belief that the disputed use is not authorized by  the copyright owner, its agent, or the law; 
  • A statement by you, made under penalty of perjury, that the information in your notice is  accurate, and that you are the copyright owner or authorized to act on the copyright owner’s  behalf; and 
  • An electronic or physical signature of the owner of the copyright or the person authorized to act  on behalf of the owner of the copyright interest. 

11. Confidential Information 

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset  of FireAce Solutions and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer  or use) any Confidential Information for any purpose other than using the Services in accordance with  these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized  employees and agents provided that they are also bound to maintain the confidentiality of Confidential  Information. You shall promptly notify FireAce Solutions in writing of any circumstances that may constitute  unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect  Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and  any copies of any and all materials containing Confidential Information to FireAce Solutions upon termination of  this Agreement for any reason whatsoever. 

The term “Confidential Information” shall mean any and all of FireAce Solutions’ trade secrets, confidential and  proprietary information, and all other information and data of FireAce Solutions that is not generally known to the  public or other third parties who could derive value, economic or otherwise, from its use or disclosure.  Confidential Information shall be deemed to include technical data, know-how, research, product plans,  products, services, customers, markets, software, developments, inventions, processes, formulas,  technology, designs, drawings, engineering, hardware configuration information, marketing, finances,  strategic and other proprietary and confidential information relating to FireAce Solutions or FireAce Solutions’ business,  operations or properties, including information about FireAce Solutions’ staff, users or partners, or other business  information disclosed directly or indirectly in writing, orally or by drawings or observation. 

12. Disclaimer of Warranties 

WE DO NOT GIVE YOU ANY KIND OF WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE FireAce Solutions  SERVICES WE GIVE YOU UNDER THIS AGREEMENT. THIS INCLUDES ANY IMPLIED WARRANTY OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AND CANNOT PROMISE THAT  FireAce Solutions SERVICES WILL WORK WITHOUT PROBLEMS OR THAT SOME OR ALL OF THEM WILL BE UP AND  RUNNING ALL THE TIME. YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR  CONTRACTORS ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL  DAMAGES RELATED TO OR CAUSED BY ANY FireAce Solutions SERVICES AND PRODUCTS PROVIDED UNDER THIS  AGREEMENT OR BY YOUR USE OF OR ACCESS TO FireAce Solutions, INCLUDING LOSS OF PROFITS, REVENUE, DATA,  OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE. 

IF, DESPITE THE ABOVE EXCLUSIONS, IT IS DETERMINED THAT FireAce Solutions AND AFFILIATES OR THEIR  CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY,  WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (I)  THE TOTAL FEES YOU PAID BY YOU TO SUBSCRIBE TO FireAce Solutions DURING THE SIX MONTHS PRIOR TO THE  TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY  APPLICABLE LAW.

13. Indemnification 

You hereby agree to indemnify, defend, and hold harmless FireAce Solutions and its officers, directors, employees,  agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and  all Liabilities incurred in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or  third party and (iv) any content submitted by you or using your Account to the Services, including, but not  limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be  illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from  your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other  action you take that imposes an unreasonable burden or loan on our infrastructure. FireAce Solutions reserves the  right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any  matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter  without the prior written consent of FireAce Solutions. 

14. Dispute Resolution – Arbitration & Class Action Waiver 

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND  FireAce Solutions CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION,  REQUIRE YOU AND FireAce Solutions TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL  ARBITRATION ON AN INDIVIDUAL BASIS. 

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you  will contact us at [email protected] and you and FireAce Solutions will attempt in good faith to negotiate a  written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after  notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined  below. Except for the right to seek injunctive or other equitable relief described under the “Binding  Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions  without first having attempted to resolve the matter by mediation, then you agree that you will not be  entitled to recover attorneys' fees, even if you may have been entitled to them otherwise. 

Binding Arbitration. You and FireAce Solutions agree that any dispute, claim or controversy arising out of or relating  to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding  arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court  of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation  of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This  means that you and FireAce Solutions both agree to waive the right to a trial by jury. Notwithstanding the  foregoing, you may bring a claim against FireAce Solutions in “small claims” court, instead of by arbitration, but  only if the claim is eligible under the rules of the small claims court and is brought in an individual, non class, and non-representative basis, and only for so long as it remains in the small claims court and in an  individual, non-class, and non-representative basis. 

Class Action Waiver. You and FireAce Solutions agree that any proceedings to resolve Disputes will be conducted on an  individual basis and not in a class, consolidated, or representative action. This means that you and FireAce Solutions  both agree to waive the right to participate as a plaintiff as a class member in any class action  proceeding. Further, unless you and FireAce Solutions agree otherwise in writing, the arbitrator in any Dispute  may not consolidate more than one person’s claims and may not preside over any form of class action  proceeding. 

Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association  (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer  Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA  Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a  written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge  or an attorney licensed to practice law in the state of California and will be selected by the parties from  the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an  arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the  arbitrator in accordance with AAA Rules. 

Arbitration Location and Procedure. Unless you and FireAce Solutions agree otherwise, the seat of the arbitration  shall be in San Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will  be conducted solely on the basis of documents you and FireAce Solutions submit to the arbitrator, unless you  request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds  USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator  will have the discretion to direct a reasonable exchange of information by the parties, consistent with the  expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if  requested and agreed to by the parties. 

Arbitrator’s Decision and Governing Law. The arbitrator shall apply California law consistent with the  Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege  recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules.  Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of  damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section  above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent  necessary to provide relief warranted by the claimant’s individual claim. 

Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules. 

15. Governing Law 

Except as provided in Section 14 or expressly provided in writing otherwise, this Agreement and your use  of the Services will be governed by, and will be construed under, the laws of the State of California,  without regard to choice of law principles. This choice of law provision is only intended to specify the use  of California law to interpret this Agreement. 

16. No Agency; No Employment 

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is  intended or created by this Agreement. 

17. General Provisions 

This Agreement constitutes the complete and exclusive agreement between you and FireAce Solutions with respect  to its subject matter, This agreement is legally binding unless otherwise noted by FireAce Solutions. The provisions  of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and  enforceable. Except for the “Class Action Waiver” in Section 14, in the event any provision is found to be  partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to  the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision  cannot be so modified or restructured, it shall be excised from the Agreement without affecting the  validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned  or transferred by you without our prior written approval. We may assign or transfer this Agreement  without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an  acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section  shall be null and void. 

18. Changes to this Agreement and the Services 

FireAce Solutions reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement,  suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms  of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently,  the Services or any content or information through the Services at any time, effective with or without  prior notice and without any liability to FireAce Solutions. FireAce Solutions will endeavor to notify you of material changes  by email, but will not be liable for any failure to do so. If any future changes to this Agreement are  unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate,  and immediately stop using, the Services. Your continued use of the service after any and all modifications  represents your acceptance of the agreement. In addition, FireAce Solutions may place restrictions on your use of  specific features or limit your access to all or a portion of the services. 

19. No Rights of Third Parties 

None of the terms of this Agreement are enforceable by any persons who are not a party to this  Agreement. 

20. Notices and Consent to Receive Notices Electronically 

You consent to receive any agreements, notices, disclosures and other communications (collectively, “ Notices”) to which this Agreement refers electronically including without limitation by email or by posting  Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal  requirement that such communications be in writing. Unless otherwise specified in this Agreement, all  notices under this Agreement will be in writing and will be deemed to have been duly given when received,  if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is  electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day  delivery by a recognized overnight delivery service. 

21. Contacting Us 

If you have any questions about these Terms and Conditions or about the Services, please contact us by email  at [email protected] or by mail to FireAce Solutions s.r.o., Sokolovská 428/130, Karlín, CZ-18600 Praha.