Terms of Service

Welcome to FireGuard. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FireGuard, Inc. ("FireGuard," "we," "us," or "our") governing your access to and use of the FireGuard platform, including our website, mobile applications, and all related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

1. Acceptance of Terms

By creating an account, accessing, or using the FireGuard platform, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into these Terms
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms
• Your use of the Services complies with all applicable laws and regulations
• All information you provide to us is accurate, current, and complete

2. Description of Services

FireGuard provides a comprehensive fire safety compliance management platform that includes:

• Fire watch scheduling and management
• Building compliance monitoring and tracking
• Fire guard certification and credential verification
• Hot work permit management
• Real-time compliance reporting and analytics
• Integration with emergency services and authorities
• Document management and audit trails

3. Critical Emergency Disclaimer

4. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Accept full responsibility for all activities under your account
• Immediately notify us of any unauthorized account access
• Not share your account credentials with any third party
• Not create accounts for fraudulent or deceptive purposes

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

5. User Types and Responsibilities

FireGuard serves multiple user types, each with specific responsibilities:

5.1 Authorities Having Jurisdiction (AHJ)

Users representing fire departments, fire marshals, or regulatory bodies must maintain proper governmental authorization and comply with all applicable regulations governing their jurisdiction.

5.2 Service Providers

Fire safety service providers must maintain all required licenses, certifications, and insurance. You represent that all fire guards you employ or contract meet applicable certification requirements.

5.3 Property Owners/Managers

Property owners and managers are responsible for ensuring accurate building information, maintaining compliance with fire safety codes, and coordinating with qualified service providers.

5.4 Fire Guards

Individual fire guards must maintain valid certifications (F-01, F-02, F-03, F-04, F-80, S-95, W-07, or equivalent), accurately report their activities, and fulfill all assigned duties.

6. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Submit false, misleading, or fraudulent information
• File false fire safety reports or compliance certifications
• Impersonate any person or entity
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems to access the Services without authorization
• Transmit viruses, malware, or other harmful code
• Harvest or collect user information without consent
• Reverse engineer, decompile, or disassemble any part of the Services
• Circumvent any security or access restrictions
• Use the Services in any manner that could damage our reputation

7. Subscription and Payment Terms

Certain features of the Services require a paid subscription:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Subscriptions automatically renew unless cancelled before the renewal date
• Prices may change with 30 days' advance notice
• Refunds are generally not provided for unused subscription periods
• We may suspend access for non-payment
• Promotional pricing is subject to the terms specified in the promotion

8. Intellectual Property Rights

The Services and all associated content, features, and functionality are owned by FireGuard and protected by United States and international intellectual property laws. This includes:

• Software code and architecture
• User interface designs and graphics
• Trademarks, logos, and brand elements
• Documentation and training materials
• Proprietary algorithms and methodologies

You receive a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

9. User Content and Data

You retain ownership of content you submit to the Services ("User Content"). By submitting User Content, you grant FireGuard a worldwide, royalty-free license to use, store, process, and display such content as necessary to provide the Services.

You represent that you have all necessary rights to submit User Content and that such content does not infringe any third-party rights.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to defend, indemnify, and hold harmless FireGuard, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content
• Any claims by third parties related to your fire safety activities

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Request by law enforcement or government agency
• Discontinuation or modification of Services
• Extended periods of inactivity
• Suspected fraudulent, abusive, or illegal activity

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall survive.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending notification through the Services or via email

Your continued use of the Services after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms shall be resolved through:

1. Good faith negotiations between the parties
2. Binding arbitration conducted in accordance with the American Arbitration Association rules
3. Arbitration shall take place in Wilmington, Delaware

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and FireGuard regarding the Services and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms, please contact us at: