Terms of Use

PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OUR APPS

A. AGREEMENT

This End-User License Agreement (“Terms of Use”) is a legal agreement between you and Publisher (“we”, “us” or “our”) which governs your use of the Firesys Apps. By installing or otherwise using the Firesys Apps, you: (a) agree to be bound by the terms and conditions of this Terms of Use, (b) you represent and warrant that you own or control the mobile device in which the Firesys App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this Terms of Use also apply to any Firesys App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this Terms of Use, do not install or use any Firesys App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Firesys App shall constitute reasonable means. Your continued use of the Firesys Apps after we post any amendments to this Terms of Use will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Firesys Apps. Do not use the Firesys Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the Terms of Use.
Use of the Firesys Apps is subject to our Privacy Policy, which is hereby incorporated into this Terms of Use by reference. This Terms of Use also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Firesys Apps. The Firesys Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Firesys Apps if you download or install the Firesys Apps through such marketplaces.

B. GRANT OF LICENSE

Subject to your compliance with the terms and conditions of this Terms of Use, Publisher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Firesys Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Firesys Apps or use the Firesys Apps for the benefit of any third party. Unless expressly authorized by Publisher or permitted under the applicable mobile platform terms, you are prohibited from making the Firesys Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Firesys Apps, except to remove Firesys Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Firesys Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Firesys Apps in any way. You do not have the right to and may not create derivative works of any Firesys Apps or any portions thereof. All modifications or enhancements to the Firesys Apps remain the sole property of Publisher.
Firesys Apps Updates. We reserve the right to add or remove features or functions to existing Firesys Apps. When installed on your mobile device, the Firesys Apps periodically communicate with our servers. We may require the updating of the Firesys Apps on your mobile device when we release a new version of the Firesys Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms of Use before you will be permitted to use any subsequent versions of the Firesys Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Firesys Apps may be ended upon the availability of updates, supplements or subsequent versions of the Firesys Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Firesys Apps.
Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Firesys Apps. If you access an Firesys App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Firesys Apps from your device. Downloading, installing or using certain Firesys Apps may be prohibited or restricted by your network provider and not all Firesys Apps may work with your network provider or device. Publisher makes no representation that the Firesys Apps can be accessed on all devices or wireless service plans. Publisher makes no representation that the Firesys Apps are available in all languages or that the Firesys Apps are appropriate or available for use in any particular location.
In-App Purchases & Cancellation Rights. Certain Firesys Apps will allow you to make an in-application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase, you:
(a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in the Firesys App;
(b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app.
and (c) acknowledge that, to the extent permitted by law, all sales are final and that Publisher is not required to provide a refund for any reason.
Subscription Services:
Certain Publisher on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple).
The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
The payment will be charged to your iTunes Account when you confirm the purchase.
Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 (“Trial Periods“) for further information.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account (open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > Assembly > Cancel Subscription button at the bottom.
). The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“In-App Purchases & Cancellation Rights“) for further information. If you want to know more about this, please go to http://support.apple.com/kb/ht4098
You can switch subscription plan anytime. Just open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > AppName > select the subscription plan you are after.
Any unused portion of a free trial period will be forfeited when the user purchases our subscription.
Trial Periods.
Certain of our subscription services on the Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis.
You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes account.
Weekly free trial automatically converts to a paid weekly subscription unless auto-renew is turned off at least 24-hours before the end of the trial period. From that point onwards, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple).

D. THIRD-PARTY PARTNERS

Third-Party Services and Content. The Firesys Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Firesys App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Firesys Apps may provide access or links to Third Party Partner websites or resources. Publisher has no control over such websites and resources, and you acknowledge and agree that Publisher is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Publisher will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
Access to Third-Party Services and Content through Firesys Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an Firesys App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Firesys App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Publisher be liable in any way for any Content created by or originating with entities other than Publisher, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Publisher App.

E. SECURITY

Firesys Apps, like other consumer technologies, may not be 100% secure. By accepting this Terms of Use you acknowledge and accept that the Firesys Apps and any information you download or offer to share by means of a Publisher App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.

F. REGISTRATION/PASSWORDS

Registration. Most Firesys Apps will not require a registration: however, some Firesys Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this Terms of Use and you should refer to the relevant Third Party Partner’s website for their policies.
Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Firesys App, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Terms of Use and in furtherance of your use of the Firesys App services, in accordance with the Privacy Policy located here.

I. UNINSTALL/REMOVAL OF AN PUBLISHER’S APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Firesys Apps, please use the application manager provided with your device or consult your device manual for reference.

G. INTELLECTUAL PROPERTY

The Firesys Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Publisher are Firesys property or the property of Firesys licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Firesys Apps. All rights not expressly granted hereunder are expressly reserved to Publisher and its licensors.
The Firesys names, logos and affiliated properties, are the exclusive property of Publisher or its affiliates. All other trademarks appearing on any Firesys App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Publisher App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

H SUPPLEMENTAL TERMS

To the extent permitted by applicable law, the following supplemental terms shall apply:
Apple App Store: By accessing the Firesys App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
This Terms of Use is between Publisher and you; Apple is not a party to this Terms of Use.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Firesys App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
Apple is not responsible for Firesys App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Firesys App.
In the event of any failure of the Firesys App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Firesys App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Firesys App.
Apple is not responsible for addressing any claims by you or a third party relating to the Firesys App or your possession or use of the Firesys App, including without limitation (a) product liability claims; (b) any claim that the Firesys App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Firesys App or your possession and use of the Firesys App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of this Terms of Use and upon your acceptance of the terms and conditions of this Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof.
Publisher expressly authorizes use of the Firesys Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.