Terms of Use – fireboost.io

Effective Date: March 16, 2025
Last Updated: March 16, 2025

These Terms of Use (this “Agreement”) contain the terms and conditions that govern your access to and use of the Fireboost.io website and our Service Offerings (as defined below). This Agreement is a binding agreement between Fireboost.io (“Fireboost,” “we,” “us,” or “our”) and you. This Agreement takes effect when you click an “I Accept” button or checkbox presented with these terms or, if earlier, when you use any of the Service Offerings (the “Effective Date”). By using the Service Offerings, you represent that you (a) have read, understand, and agree to be bound by this Agreement, and (b) are lawfully able to enter into contracts (e.g., you are not a minor). If you are using the Service Offerings on behalf of an entity, you agree to this Agreement for that entity and represent that you have the authority to bind that entity to this Agreement (in which case “you” and “Subscriber” refer to that entity). If you do not agree to be bound by this Agreement, you may not access or use this website or the Service Offerings.

Your use of, and participation in, certain services offered by Fireboost may be subject to additional terms (“Supplemental Terms”), which will either be listed in this Agreement or presented for acceptance when you sign up for the supplemental service. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control for that service. This Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.”

This Agreement limits the remedies that may be available to you in the event of a dispute. This Agreement constitutes the entire agreement between you and Fireboost with respect to the subject matter hereof, superseding all prior or contemporaneous understandings or agreements, written or oral.

Fireboost reserves the right to update this Agreement at any time. Users will be notified via email or website notice of material changes. Any changes will be effective immediately for new users and thirty (30) days after notification for existing Subscribers, unless you provide consent to the updated Agreement earlier. Continued use of the Service Offerings constitutes acceptance of the revised terms.

1. USE OF THE SERVICE OFFERINGS

1.1 Service Offerings
Fireboost provides high-performance cloud solutions for WordPress sites, including API endpoint acceleration, caching, and hosting services for developers and businesses (“Subscribers”). This Agreement sets forth the terms pursuant to which Subscribers may access and use Fireboost’s Service Offerings. Subject to this Agreement, Fireboost grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service Offerings solely for your own use and not for the use or benefit of any third party, except as expressly permitted herein. Fireboost and its licensors retain all rights, title, and interest in the Service Offerings, including software, documentation, and any updates or modifications thereto.

1.2 Access to Service Offerings
Fireboost will use reasonable efforts to ensure that its services are available 24/7, subject to periodic maintenance, upgrades, and unexpected outages. However, we do not guarantee uninterrupted service and will not be liable for any downtime. Fireboost retains the right to modify, suspend, or discontinue any aspect of the Service Offerings at any time, including the availability of any feature or functionality, without notice or liability. You are responsible for obtaining and maintaining any equipment or services needed to access the Service Offerings, including hardware, software, and internet connectivity.

1.3 Subscriber Registration
To use the Service Offerings, you may be required to create an account and provide accurate, complete, and updated registration information. You are solely responsible for safeguarding your login credentials and all activity conducted under your account, releasing Fireboost from any liability concerning such activity. You shall notify Fireboost immediately of any actual or suspected unauthorized use of your account or credentials.

1.4 User Responsibilities & Acceptable Use Policy (AUP)
You may not, and may not allow others to:

Sell, lease, license, or sublicense the Service Offerings without Fireboost’s prior written permission.
Attempt to reverse engineer, decompile, disassemble, modify, or create derivative works of the Service Offerings.
Use the Service Offerings in any way that violates applicable laws or Fireboost’s Acceptable Use Policy.
Engage in unauthorized access, data mining, or scraping of information.
Host, store, distribute, or transmit any material that is unlawful, harmful, defamatory, infringing, harassing, or otherwise objectionable, including content that violates intellectual property laws, privacy laws, or contains malicious code.
Use the Service Offerings to store or share content that promotes or enables illegal activities, including fraud, unauthorized data collection, child exploitation, terrorism, or drug trafficking.
Overload, exploit, or misuse Fireboost’s resources, including excessive API requests, bandwidth abuse, or bypassing rate limits.
Use the Service Offerings for High Risk Activities (e.g., operation of nuclear facilities, air traffic control, or life support systems) where failure could lead to death, injury, or environmental damage.
Process or store Restricted Data, including personal health information (as defined by HIPAA), government-issued identification numbers, financial account information, payment card data, or special categories of personal data (e.g., racial or ethnic origin, political opinions, biometric data), unless expressly authorized by Fireboost in writing.

Fireboost reserves the right to investigate any suspected violations and take appropriate action, including suspending or terminating accounts and cooperating with law enforcement authorities where required. Any breach of this Section constitutes immediate, irreparable harm to Fireboost for which monetary damages are inadequate, and injunctive relief is an appropriate remedy.

1.5 Account Termination & Suspension Policy
Fireboost may suspend or terminate an account at its discretion, including but not limited to:

Violations of this Agreement or Fireboost’s Acceptable Use Policy.
Non-payment of fees.
Security threats or fraudulent activity associated with the account.
Illegal activity or misuse of Fireboost’s services.

Fireboost may suspend services immediately without notice for breaches posing security risks or involving illegal activity. Upon termination, your right to use the Service Offerings ceases immediately, and Fireboost may delete your data within 30 days unless required to retain it by law. Users may appeal a termination decision by contacting Fireboost support at contact@fireboost.io. Fireboost is not responsible for retaining user data post-termination.

1.6 Refund & Cancellation Policy
Payments for Fireboost’s paid Service Offerings are non-refundable unless explicitly stated otherwise. Users may cancel their subscription at any time, but refunds or prorated charges will not be issued unless required by applicable law.

1.7 Data Ownership & Retention Policy
Users retain ownership of their content hosted or cached by Fireboost (“Subscriber Content”) but grant Fireboost a worldwide, non-exclusive, royalty-free, non-transferable license to use, copy, cache, publish, display, distribute, modify, and store such Subscriber Content solely to provide the Service Offerings. Upon termination, Fireboost may delete Subscriber Content without liability unless legally required to retain it. Fireboost does not provide long-term data storage or backup services. You are responsible for maintaining local backups of all Subscriber Content.

1.8 Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any disputes shall be resolved in accordance with Section 1.14 (Dispute Resolution).

1.9 Changes to Terms of Use
Fireboost reserves the right to update these terms at any time. Users will be notified via email or website notice of material changes. Any changes will be effective immediately for new users and thirty (30) days after notification for existing Subscribers, unless you consent earlier. Continued use of the Service Offerings constitutes acceptance of the revised terms.

1.10 Service Level Agreement (SLA)
Fireboost aims for 99.9% uptime for its services. If uptime falls below this threshold, Fireboost may issue service credits at its discretion. The SLA does not apply to:

Scheduled maintenance.
User-caused outages.
Third-party service failures.

You are solely responsible for the technical operation of Subscriber Content, including compatibility with Fireboost’s APIs, and for ensuring compliance with this Agreement and applicable laws.

1.11 Privacy Policy & Data Processing
Fireboost follows its Privacy Policy regarding the handling of personal data. Fireboost acts as a processor of personal data you provide as a Subscriber (the controller), processing it solely to deliver the Service Offerings. You are responsible for obtaining all necessary consents from data subjects. Users subject to GDPR (General Data Protection Regulation) have the right to:

Request access to their data.
Request deletion of personal data.
Opt out of data processing activities where applicable.

Requests can be made through Fireboost support at contact@fireboost.io.. Fireboost shall not transfer personal data outside the European Economic Area (EEA) unless compliant with GDPR (e.g., via standard contractual clauses or adequacy decisions). If Fireboost becomes aware of a confirmed security incident affecting your data, we will notify you without undue delay and cooperate reasonably to mitigate the impact. Fireboost may engage third-party subprocessors, remaining liable for their actions, and will provide an updated list of subprocessors upon request.

1.12 Intellectual Property
Fireboost retains all rights, title, and interest in the Service Offerings, including software, documentation, and any updates or modifications thereto. Except as expressly set forth herein, no express or implied license or right is granted to you regarding the Service Offerings. You warrant that you have the right to grant Fireboost the license to Subscriber Content in Section 1.7 and that such content does not infringe third-party rights.

1.13 Feedback
Any suggestions, ideas, or feedback you provide about the Service Offerings may be used by Fireboost without obligation. You grant Fireboost a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, and incorporate such feedback into the Service Offerings.

1.14 Dispute Resolution
Any dispute arising out of or relating to this Agreement, your use of the Service Offerings, or Fireboost’s actions shall be resolved exclusively through final and binding arbitration under the rules of the American Arbitration Association (AAA) in Tennessee, on an individual basis only. YOU AND FIREBOOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking it. If arbitration is inapplicable (e.g., by court order), disputes shall be resolved exclusively by state or federal courts in Tennessee, and you consent to their jurisdiction. To initiate arbitration, send a written Notice of Dispute to contact@fireboost.io , describing the claim and relief sought. If unresolved within 30 days, either party may file with AAA.

1.15 Miscellaneous

No Waiver: No delay or failure by Fireboost to enforce any right under this Agreement constitutes a waiver of that right unless expressly waived in writing by an authorized officer of Fireboost.
Severability: If any provision of this Agreement is unenforceable, it shall be limited to the minimum extent necessary, and the remaining provisions remain in effect.
Assignment: You may not assign or transfer this Agreement without Fireboost’s prior written consent. Fireboost may assign this Agreement at any time without your consent.
Force Majeure: Fireboost is not liable for delays or failures due to causes beyond our reasonable control, including acts of God, natural disasters, or systemic failures.
Export Compliance: You may not export or re-export the Service Offerings except in compliance with U.S. export laws and regulations.

2. FEES AND PAYMENTS

Fireboost may charge fees for certain Service Offerings, as specified on the Fireboost website. All payments are due in U.S. dollars as specified and are non-refundable unless otherwise stated. Fees are subject to change with prior notice. Overdue payments accrue interest at 1.5% per month or the maximum legal rate, whichever is lower. Fireboost may use third-party payment processors, which may impose additional terms. If you fail to pay fees, Fireboost may suspend or terminate services without notice or liability.

3. SUPPORT

Fireboost offers support services as described on its website. Fireboost reserves the right to modify or discontinue support services at any time.

4. LIMITATIONS OF LIABILITY

THE SERVICE OFFERINGS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FIREBOOST DOES NOT WARRANT THAT THE SERVICE OFFERINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. FIREBOOST IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. FIREBOOST’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES YOU PAID FOR THE SERVICE OFFERINGS IN THE 12 MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. INDEMNIFICATION

You agree to defend, indemnify, and hold Fireboost harmless, including our employees, officers, directors, and licensors, from any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your or your end users’ use of the Service Offerings.
Breach of this Agreement or violation of applicable law by you or your end users.
Subscriber Content, including alleged infringement of third-party rights.
Disputes between you and any end user or third party.

You will cooperate with Fireboost in defending such claims, and Fireboost may not settle without your consent (not to be unreasonably withheld).

6. DMCA NOTICE & TAKEDOWN POLICY

Fireboost respects intellectual property rights and follows the Digital Millennium Copyright Act (DMCA) for handling infringement claims. If you believe content hosted by Fireboost infringes your copyright, send a DMCA takedown request to:
Email: contact@fireboost.io

7. CONTACT INFORMATION

For any questions regarding this Agreement, please contact:
Email: contact@fireboost.io

8. TERMS AND DEFINITIONS

“API”: An application program interface.
“High Risk Activities”: Uses such as nuclear operations, air traffic control, or life support systems where failure could lead to death, injury, or environmental damage.
“Restricted Data”: Personal health information (per HIPAA), government-issued IDs, financial account information, payment card data, or special categories of personal data (e.g., racial origin, biometric data).
“Service Offerings”: High-performance cloud solutions, including API endpoint acceleration, caching, and hosting services provided by Fireboost.io.
“Subscriber”: The individual or entity entering into this Agreement with Fireboost.
“Subscriber Content”: Content you or your end users run on, interface with, or upload to the Service Offerings.

Notes for Implementation

Legal Review: This revised ToU should be reviewed by a lawyer familiar with Tennessee law, cloud services, and data privacy regulations (e.g., GDPR, CCPA) to ensure full compliance and enforceability.
User Notification: Upon adoption, notify users via email or website notice as per Section 1.9 to ensure the changes are binding.

This version strengthens your original ToU by adding detailed provisions for intellectual property, data privacy, dispute resolution, liability limits, and user responsibilities, making it more comprehensive and protective for Fireboost.io.