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Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your access to and use of the services, software, and websites (collectively, the "Services") provided by The Machine Tools Company, Inc. ("Fireweave," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Fireweave provides data infrastructure, analytics, and intelligence services designed to help organizations manage, analyze, and derive insights from their data. The specific features and functionality available to you depend on your subscription plan and may change over time.

3. Account Registration

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

4. Acceptable Use

You agree not to:

  • Use the Services in violation of any applicable law or regulation
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services or related systems
  • Use the Services to transmit malicious code or conduct security attacks
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Use the Services to infringe upon the intellectual property rights of others
  • Resell, sublicense, or transfer the Services without our prior written consent

5. Customer Data

You retain all rights to data you submit to the Services ("Customer Data"). You grant us a limited license to use, process, and store Customer Data solely to provide the Services. We will maintain appropriate administrative, physical, and technical safeguards to protect Customer Data.

6. Intellectual Property

The Services and all related technology, documentation, and content are the exclusive property of Fireweave and its licensors. Except for the limited rights expressly granted herein, nothing in these Terms grants you any intellectual property rights in the Services.

7. Payment Terms

If you subscribe to paid Services, you agree to pay all applicable fees as described in your order or subscription agreement. Fees are non-refundable except as expressly set forth herein or required by law. We may change our fees upon reasonable notice to you.

8. Term and Termination

These Terms remain in effect until terminated. Either party may terminate for convenience with 30 days written notice. We may terminate or suspend your access immediately if you breach these Terms. Upon termination, your right to use the Services ceases, and we may delete your Customer Data after a reasonable retention period.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIREWEAVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fireweave and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your Customer Data, or your violation of these Terms.

12. Confidentiality

Each party agrees to protect the confidential information of the other party using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information shall not be disclosed to third parties except as necessary to perform obligations under these Terms.

13. Data Processing

To the extent we process personal data on your behalf, we will do so in accordance with our Data Processing Agreement, which is incorporated herein by reference. We comply with applicable data protection laws, including GDPR and CCPA where applicable.

14. Modifications to Terms

We may modify these Terms from time to time. We will provide notice of material changes through the Services or by email. Your continued use of the Services after such notice constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. General Provisions

These Terms constitute the entire agreement between you and Fireweave regarding the Services. If any provision is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign these Terms without our prior written consent.

17. Contact Information

For questions about these Terms, please contact us at legal@fireweave.ai.