FIREFLY APP TERMS OF SERVICE

This Terms of Service (“Terms”) is entered into between Firefly Team (“Firefly,” “we,” “us”) and you, the user of our mobile application (the “App”).

The App is designed to provide users with access to information and services for personal use. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

  1. Acceptance of Terms. By downloading, accessing and/or using the App, you agree to be bound by these Terms and to use the App in compliance with all applicable laws and regulations. If you do not agree to these Terms, do not use the App.

  2. Changes to Terms. We reserve the right to modify these Terms at any time. You agree to be bound by any changes to these Terms when you use the App after any such modification is posted. It is therefore important that you review these Terms regularly.

  3. Consent to Electronic Communications. By using the App, you consent to receive electronic communications from us. These electronic communications may include notices about applicable fees, applicable laws, and other information concerning or related to the App.

  4. User Content. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that you upload, post, or otherwise transmit via the App. You must not upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

  5. User Accounts. You must create an account in order to access and use certain features of the App. You are responsible for safeguarding your account, so use a strong password and limit its use to this App. We are not responsible for any losses due to stolen or hacked passwords. You are responsible for any activity associated with your account.

  6. Termination of Use. We may terminate or suspend your access to all or part of the App, without notice, for any conduct that we believe is in violation of these Terms or any applicable law or is harmful to the interests of another user or the App.

  7. Proprietary Rights. You acknowledge that the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the App in compliance with these Terms.

  8. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE APP IS PROVIDED “AS IS” AND WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.

  9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE APP.

  10. Indemnification. You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of the App.

  11. Governing Law. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the App shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.

  12. Miscellaneous. These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the App and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the App.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

No waiver by us of any of these Terms will be of any force or effect unless we expressly state otherwise in writing. No failure to exercise or enforce any of these Terms, by us, will be deemed to be a waiver of such term or condition or any other term or condition.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

  1. Contact Information. If you have any questions about these Terms, please contact us at [email protected].

Last Updated: 3/4/2021