Terms of Service
Effective Date: November 29, 2025
Please read on to learn the rules for using our application and website (“Firefli” or the “App”).
These Terms of Service (the “Terms”) are a contract between you and Firefli Fitness, Inc. (“we” and “us”). You need to accept all the Terms to use the App. Using the App means you agree to these Terms, which stay in effect while you use the App.
The “Arbitration and Class Action Waiver” section of these Terms explains how any disputes between you and Firefli will be handled. It includes an arbitration agreement that requires most disputes to go through binding arbitration instead of court. You can opt out of this arbitration agreement by following the instructions in that section. If you don’t opt out, you’ll need to bring any claims against us individually (not as part of a class action), and you’ll be giving up your right to go to court or have a jury trial.
Welcome to Firefli!
Firefli is a wellness engagement platform that helps you build healthy habits through Programs, earn Points for your Verified Activity, and redeem those Points for Rewards. We may offer various types of Programs from time to time—such as challenges, seasons, team experiences, or other formats—all designed to motivate and reward your wellness journey.
You may connect wearable devices and health apps (like Apple Health, Google Fit, or Oura) to track your activity. Features, Programs, and available Rewards may vary by user, Partner (such as your gym or employer), geography, or app version.
Firefli reserves the right to modify, suspend, or discontinue any feature, Program, or Reward at any time, with or without notice, to the extent permitted by law.
The following definitions apply to these Terms:
“Programs” means the wellness challenges, seasons, team experiences, and other engagement activities offered through Firefli from time to time, as you may register for through the App.
“Points” means the virtual credits you earn for completing Verified Activity, which may be redeemed for Rewards subject to the applicable Program Rules.
“Rewards” means the prizes, benefits, products, services, or other items available for redemption using Points, as offered through Firefli or by Partners from time to time.
“Partner” means any third-party organization that provides you access to Firefli or sponsors your participation, including gyms, fitness studios, employers, health plans, or other wellness program sponsors.
“Verified Activity” means wellness activities that Firefli determines count toward Program participation and Points earning, using automated or manual verification methods. What counts as Verified Activity may vary by Program and is subject to the applicable Program Rules.
Your Privacy
We’ll treat all personal data we collect in accordance with our Privacy Policy.
Using the App
Account Registration
The App is offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You’ll need to give us accurate, complete and up-to-date registration information about yourself at all times.
You can only use the App for your own personal purposes—not for any third party’s benefit and not impersonating anyone. You can’t transfer or share your account or password with anyone else, and you need to keep them secure. You’re responsible for all activity on your account and with your account.
If you access Firefli through a Partner (such as your gym or employer), your Partner may manage certain aspects of your account access. Your access to Firefli may change if your relationship with that Partner changes (for example, if your gym membership ends).
Our Rules and Requirements
We want you to have a great experience using the App, but there are some rules to follow. When you use the App, you promise not to use the App in ways that:
Infringe or violate anyone’s intellectual property or other rights;
Violate any laws or regulations, including U.S. Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR);
Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Include information you know (or should know) is wrong, incomplete, or debatable without proper disclaimers;
Put your account or anyone else’s at risk (like letting someone else log in as you);
Try to get passwords, account info, or other security information from other users;
Compromise computer network security or crack passwords or encryption codes;
Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you’re not logged in or that interfere with how the App works (including overloading our infrastructure);
“Crawl,” “scrape,” or “spider” any pages, data, or portions of the App or Content (whether manually or automatically); or
Decompile, reverse engineer, or try to get the source code or underlying ideas behind the App
If you violate any of these rules, we may terminate your right to use or access the App immediately.No Medical Advice
Firefli is a general wellness platform only. We do not provide medical advice, diagnosis, or treatment. The App is not a substitute for professional medical care. Before starting any wellness program or increasing your physical activity, especially if you have any pre-existing health conditions, you should consult with a qualified healthcare provider.
You assume all risk associated with physical activity and participation in wellness Programs. Physical activity carries inherent risks, including the risk of injury. You are responsible for understanding your own health status and physical limitations. Firefli has no duty to monitor your health or warn you of risks.
If you participate in activities at third-party facilities (such as gyms or fitness studios), those facilities and their trainers are independent third parties. Firefli is not responsible for the safety, condition, or operation of these facilities, or for the actions of their staff. Any in-club or in-person activities are at your own risk.
Device & Data ConnectionsYou may connect wearable devices, health apps, or other data sources (each a “Connected Source”) to Firefli to track your wellness activity. We will only connect data sources that we have approved and integrated.
By connecting a data source, you authorize Firefli to receive and process the data types we specify (such as steps, workouts, heart rate, sleep data, and activity minutes) in order to operate the Programs and provide you with the App. You represent that you have the right to share this data with us in accordance with the terms of your Connected Source provider.
Important limitations: The accuracy, completeness, and availability of data from Connected Sources depend on sensors, firmware, device connectivity, and third-party APIs that are outside our control. Firefli does not warrant the accuracy or reliability of data from Connected Sources. The App may be unavailable or limited if third-party APIs, devices, or data sources experience outages or changes.
We may add, change, or remove integrations with Connected Sources at any time, including if a provider changes its terms, API availability, or data access policies.
Programs, Points & Rewards
When you enroll in a Program, you will agree to the specific rules for that Program, which may include how you earn Points, redemption requirements, expiration periods, and other operational details (the “Program Rules”). Points represent a limited, promotional right to seek redemption of Rewards while available—they are not cash, not stored value, not property, and cannot be transferred, sold, or bartered. Firefli determines what counts as verified wellness activity, and our determinations are final absent clear error. We may correct errors in Points balances and make equitable adjustments as needed. Redemption is subject to availability, and we may substitute unavailable Rewards with items of equal or greater value or restore your Points. Some Rewards may be funded by Partners; if a Partner doesn’t honor a Reward, our sole obligation is to substitute or restore Points. Rewards may be taxable income, and you’re responsible for any taxes owed. We may collect tax forms and issue tax documents as required by law.
You may not manipulate devices, data, or accounts to game the system or abuse Programs. If we suspect prohibited conduct, we may investigate, place holds on Points or Rewards, reverse transactions, void Rewards, or suspend or terminate your account. These actions may be based on automated fraud signals or other evidence, and our decisions are final in our reasonable discretion. All Points will be forfeited upon account termination, except as required by law or specified in the Program Rules.
Your Subscription
Subscription Plans and Billing
Firefli may offer both free and paid subscription plans. Paid features require a subscription, with fees and payment terms detailed during registration or in your account settings. By selecting a paid plan, you agree to pay the fees listed at the time of purchase.
Unless noted otherwise during your registration, your subscription will automatically renew for additional periods of the same length at our then-current prices. These Terms start on the earlier of when you begin using the App or when you register or activate your account with us.
Payment Terms
You'll need to provide valid and current payment information (credit card, debit card, or other accepted payment method). You authorize us to charge your payment method for the subscription fees according to the billing terms when payment is due. You agree to pay all fees on time according to the billing schedule.
If your payment fails or is declined, we may suspend or restrict your access to paid features until payment is received. If you don't pay on time, we reserve the right to add a finance charge of 1.5% per month (or the maximum allowed by law if lower), plus all collection expenses including reasonable attorneys’ fees.
Price Changes
We reserve the right to adjust subscription fees at any time. We'll provide you with notice of any price changes via email, a notification through the App, or another reasonable communication method at least thirty (30) days before the new prices take effect. Your continued use of paid features after the price change takes effect constitutes acceptance of the updated fees. If you don't agree to the price change, you may cancel your subscription before the new price takes effect.
Cancellation and Non-Renewal
You can cancel your subscription at any time by logging into the App and following the cancellation instructions in your account settings, or by contacting us at support@fireflifit.com.
Please note that if you cancel your subscription, your access to paid features will continue until the end of the subscription period for which fees have been paid, and you will not receive a refund for any unused portion of your subscription term (except as required by law). Your subscription will not renew for the next billing cycle.
Either party may choose not to renew your subscription by delivering notice to the other party at least thirty (30) days before your current subscription term ends.
RefundsAll payments are generally final and non-refundable, except where required by applicable law or as expressly stated during checkout. We may, in our sole discretion, provide refunds on a case-by-case basis for exceptional circumstances.
If you believe you're entitled to a refund, please contact us at support@fireflifit.com with details about your request. We'll review refund requests and use commercially reasonable efforts to respond within a reasonable timeframe.
TaxesUnless we state otherwise at checkout, listed prices exclude any applicable sales, use, value-added tax (VAT), or similar taxes. Where required by law, we will calculate and display these taxes at checkout based on your billing address, and you agree to pay these taxes along with your subscription fees.
If a taxing authority later determines that additional taxes should have been collected, you agree to pay any additional amounts owed (unless the shortfall resulted solely from our error). If you claim a tax exemption, you must provide us with a valid tax exemption certificate before purchase, as taxes already paid are non-refundable.
Termination and Suspension
We may suspend or terminate your account and subscription at any time if you breach these Terms, engage in suspected fraud or abuse, or for legal or operational reasons. You may close your account at any time by contacting support@fireflifit.com.
Upon termination or suspension:
Your access to the App and paid features will end immediately
All Points will be forfeited, except as may be required by law or handled under the applicable Program Rules
Pending Rewards redemptions may be canceled
You will not receive a refund for any unused portion of your subscription (except as required by law)
Firefli may retain your data as permitted by law and our Privacy Policy
After termination, certain provisions of these Terms will continue to apply, including any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms
Community & User Content
Firefli may include community features such as teams, leaderboards, challenges, and user profiles. All community participation is subject to our Community Guidelines, which prohibit harassment, hate speech, spam, impersonation, and other harmful conduct.
Special Rules for Team Leads & Trainers: If you serve as a team lead, trainer, or other community leader, you must not provide medical advice, make health claims, or diagnose conditions. You may share your personal wellness journey and general motivation, but you must avoid crossing into medical or therapeutic territory.
Firefli may remove content, restrict features, or suspend accounts at any time for violations of the Community Guidelines or these Terms, in our sole discretion.
Your Content
As between you and Firefli, Content that you upload and process through the App, including your photos, messages, and wellness data (your “Content”) belongs to you. You’re responsible for all Content you contribute to the App, and by contributing it, you represent and warrant that you have all the necessary rights to do so.
To provide you with the App and its features, we need certain permissions to Your Content. Accordingly, for the sole purpose of providing the App and improving our products and services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content. This license terminates after Your Content is deleted from our systems.
Additionally, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use Content that has been anonymized, aggregated, or otherwise rendered non-identifiable for any purpose, including analytics, research, product development, and business operations.
Upon account deletion, we will delete Your Content posted to your personal account, subject to our standard archival and disaster recovery systems. Notwithstanding the foregoing, we may not immediately delete Content when others use it under applicable licenses, technical limitations prevent deletion, or retention is necessary to investigate illegal activity, protect our systems and users, comply with legal preservation obligations, or respond to judicial, administrative, law enforcement, or government requests. We retain such Content only as long as necessary for these purposes.
Our Intellectual Property
We own and retain all rights, title, and interest in and to the App (including all intellectual property rights). When you use the App, except where we’ve specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the App.
If you have any feedback, suggestions, or share content publicly with us, that’s great. Just know that we may freely use, modify, and incorporate it into our products and services. We do appreciate your input!
Firefli™ and all related marks, logos, and user interface elements are trademarks owned exclusively by Firefli Fitness, Inc. You may not use, reproduce, or copy these trademarks without explicit written consent from Firefli.
Communications
Service Communications. We will send you messages related to your account, security, Programs, and transactions. These messages are necessary to provide the App and you cannot opt out of them while you have an active account.
Program Notifications. We may send you notifications about your progress, achievements, challenges, team activity, and other Program-related updates via email, SMS, or push notifications. You can manage your communication preferences in your account settings.
Marketing Communications. We may send you promotional messages about new features, Programs, or offers. You can opt out of marketing communications at any time by using the unsubscribe link in emails or adjusting your preferences in settings.
For SMS messages, message and data rates may apply. You can opt out by replying STOP. Specific SMS terms and opt-out keywords will be provided when you opt in to SMS communications.
Changes to the App
We’re always working to improve Firefli, so the App may change from time to time. We might suspend or stop offering certain parts of the App, add new features, set limits on features, or restrict access to some parts of the App. When it’s practical, we’ll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as we deem reasonably necessary to maintain security, performance, and quality of service for all users.
Experimental Features
From time to time, we may offer beta or experimental features within the App, whether called “Beta,” “Experimental,” or something else. You’ll have fun trying them out, but these features might only be available for a limited time and could change without letting you know first. They might work differently or have fewer features than our regular offerings. These beta/experimental features are provided at your own risk, which means we won’t be responsible for any bugs or unexpected things that happen when you use them.
Changes to these Terms
These Terms might need to change as we improve the App. We can update the Terms at any time, but if we do, we’ll let you know by posting a notice on the Firefli website, sending you an email, or notifying you another way. If you don’t like the new Terms, you can reject them; unfortunately, that means you cannot continue using Firefli. You can stop using the App at any time. We explain in our Privacy Policy how we handle your information after you stop using the App, along with the licenses described above. Your Content may take a little while to be completely removed from our platform.
If we make changes to these Terms and you continue using the App after those changes take effect, that means you accept all the changes.
Third-Party Services & Partners
Firefli may integrate with or offer Rewards from independent third parties, including gyms, fitness studios, wellness brands, and merchants. These third parties are not controlled by Firefli, and their own terms and policies apply to any products, services, or facilities you use.
Firefli makes no representations or warranties about third parties and is not responsible for their acts, omissions, products, services, or facilities. Any disputes with third parties are solely between you and them.
Some Rewards may be redeemed at partner gyms or facilities. You may be required to present a redemption confirmation code or other verification. If a third-party partner refuses to honor a redemption, Firefli’s sole obligation is to substitute a comparable Reward or restore your Points, at our discretion.
What Else Do I Need to Know?
Program Rules & Order of Precedence
These Terms incorporate the Program Rules by reference. Program Rules set forth the specific mechanics for Programs, including earning rates, redemption requirements, expiration periods, eligibility criteria, and other operational details. Program Rules may be updated from time to time without amending these Terms, and we will post updated Program Rules on the App or website.
In the event of any conflict: (1) these Terms control over Program Rules with respect to our respective rights and obligations; and (2) Program Rules control over these Terms with respect to user-facing Program mechanics, unless the Program Rules conflict with applicable law.
Governing Law
These Terms and your use of the App will be governed by California and United States law, without regard to conflict-of-law rules. You and Firefli agree to submit to the courts in San Diego, California or the United States District Court for the Southern District of California in San Diego for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described in the Arbitration and Class Action Waiver section below.
Entire Agreement
These Terms, together with our Privacy Policy, any Program Rules you enter into, our Community Guidelines, and other policies referenced herein, constitute the complete agreement between you and Firefli, and they replace all previous agreements or understandings about the subject matter of these Terms. No third parties are intended to benefit from these Terms.
No Promises
We provide the App on an “as-is” basis. This means we don’t make any promises or guarantees about the App, including that they’ll work perfectly, be suitable for your specific needs, won’t infringe on others’ rights, or will always be available without interruption. Some states don’t allow these kinds of disclaimers, so they may not apply to you.
FIREFLI MAKES NO GUARANTEE OF ANY PARTICULAR HEALTH OR WELLNESS OUTCOME from your use of the App or participation in Programs. Individual results vary based on many factors including your health status, effort level, consistency, and other circumstances beyond our control.
We make no guarantees about the availability, accuracy, or completeness of data from Connected Sources. Device and sensor data may be inaccurate, delayed, or unavailable due to factors outside our control.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FIREFLI (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FIREFLI IN CONNECTION WITH THE APP IN THE THREE MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Firefli and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the App (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Suspension, Termination & EffectsFirefli may suspend or terminate your account at any time for any violation of these Terms, suspected fraud or abuse, or for legal or operational reasons. You may close your account at any time by contacting [to be inserted].
Upon termination or suspension, your access to the App will end immediately. All Points will be forfeited, except as may be required by law or handled under the applicable Program Rules. Pending Rewards redemptions may be canceled. Firefli may retain your data as permitted by law and our Privacy Policy.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Firefli’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.
Notices
For any official notices:
Email us at: info@fireflifit.com
We’ll email you at the address you gave us when you signed up (or any new one you add to your settings)
Notices count as delivered when: sent by email, delivered in person or by overnight courier, or five (5) days after being sent by certified mail. Email works for all communications about the App and updates to these Terms. Make sure to keep your email current in your settings so you get our messages
Enforceability
If either of us doesn’t enforce a right, that doesn’t mean we’re giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.
Force Majeure
Firefli shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet service interruptions, or third-party service provider failures.
Arbitration and Class Action Waiver
“Dispute” means any dispute, controversy, or claim arising out of or relating to your use of Firefli, these Terms, any products or services provided through Firefli, or any Content or user submissions on Firefli.
Please read this carefully. It affects your rights. YOU AND FIREFLI AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF FIREFLI, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH FIREFLI, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON FIREFLI SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Firefli’s right to seek injunctive or other equitable relief in state or federal court in California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
Before initiating an arbitration, you and Firefli each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 675 9th Ave #1509, San Diego, CA 92101 or emailed at [to be inserted]. Firefli will provide a Notice of Dispute to you via the email address associated with your Firefli account. You and Firefli agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 30-day post-notice resolution period expires.
If an agreement cannot be reached within 30 days of receipt of the Notice of Dispute, you or Firefli may commence an arbitration proceeding.
Opt-Out Right
You have the right to opt out of the arbitration agreement by sending written notice of your decision to opt out to the following address: Firefli Fitness, Inc., 675 9th Ave #1509, San Diego, CA 92101, Attention: Legal Department, or by email to [to be inserted]. Your notice must include your name, mailing address, email address associated with your Firefli account, and a clear statement that you want to opt out of this arbitration agreement. The notice must be sent within 30 days of the date you first agreed to these Terms. If you opt out of the arbitration agreement, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Unless you and Firefli agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Firefli expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FIREFLI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Firefli each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $5,000, you and Firefli agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Firefli submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Firefli, or deemed necessary by the arbitrator, you and Firefli agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the Federal Arbitration Act, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $10,000, Firefli will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
As an alternative to arbitration, you or Firefli may resolve Disputes in a small claims court that has jurisdiction over your claim.
These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Firefli on your behalf.