Terms of Service

Last modified: December 31, 2024


Acceptance of the Terms of Service

Welcome and thank you for your interest in Firefli! These terms of service are entered into by and between any guest, invitee, or user of the Firefli Interfaces and/or the products (the “Products”) or services (“Services”) set forth therein (“you” or “your”) and Novel Ventures, LLC, a Texas limited liability company (“Company”, “Firefli”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”) govern your access to and use of the Company applications, websites, and account interfaces, including any content, products, functionality, and services offered on or through the foregoing or through www.Fireflifit.com (the “Site”) and/or the Firefli mobile application (the “Mobile Application” and together with the Site, collectively the “Firefli Interfaces”), whether as a guest, consumer, registered user, authorized user, or otherwise. The Company uses the Firefli Interfaces to offer various products and services offered by the Company from time to time to assist its customers with analyzing certain biometric information and quantifying the results of certain health related habit changes.

Please read these Terms of Service carefully before you start to use the Firefli Interfaces. By using the Firefli Interfaces, downloading any of the foregoing, or by clicking to accept or agree to the Terms of Service if this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our then-current privacy policy (the “Privacy Policy”), as may be found on one or more of the Firefli Interfaces, incorporated herein by reference as if fully set forth. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Firefli Interfaces and further agree to delete any copies or instances thereof immediately. 

The Firefli Interfaces are offered and available to users who are 18 years of age or older. In order to use the Firefli Interfaces, you must create an account. In order to create an account through any of the Firefli Interfaces, you must be 18 years of age or older. By using Firefli Interfaces, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are using the Firefli Interfaces on behalf of an entity or organization, you represent and warrant that you are authorized to accept these Terms of Service on such organization’s behalf and that such organization agrees to indemnify you and us for any violations of these Terms of Service by the organization, its authorized users, and/or its guests or invitees, as more fully explained herein. If you do not meet all of these requirements, you must not access or use the Firefli Interfaces. The Firefli Interfaces products, services, and/or applications must be initiated, used, and downloaded by an adult at least 18 years of age or older with authority to form a contract, accept and abide by these Terms of Service, and accept the Privacy Policy and any other policies or guidelines incorporated herein by reference. You understand and agree that you alone are responsible for your activities and interaction with the Firefli Interfaces. Firefli shall make commercially reasonable efforts to provide adequate support services for the services it offers through the Firefli Interfaces. Notwithstanding the foregoing, these Terms of Service do not entitle you to any guaranteed level, availability, or turnaround time of support services for the services.



Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Firefli Interfaces thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Firefli Interfaces.

Your continued use of the Firefli Interfaces following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access any of the Firefli Interfaces, so you are aware of any changes, as they are binding on you. If you do not agree to any changes or modifications to these Terms of Service or to any applicable policies or guidelines promulgated regarding the Firefli Interfaces, your sole recourse is to stop accessing and using our Firefli Interfaces immediately. 


Electronic Communications

Notwithstanding any terms to the contrary herein, the Company may choose to electronically deliver communications to you through email, posting messages through the Firefli Interfaces, updating these Terms of Service or other policies on one or more of the Firefli Interfaces, or through other reasonable methods. If the Company chooses to electronically deliver messages directly to you, you understand these messages may contain, transmit, or convey information about action taken either on your request or by or through your account. You agree to do business with the Company electronically through any of the above means and further agree to electronically receive notices, disclosures, communications, and information which the parties hereto stipulate shall satisfy any legal requirement to communicate in writing. An electronic notice will be deemed to have been received by you if sent via email upon sending by us or upon your next use of the Firefli Interfaces following any updates by the Company and reasonable notice to you thereof. If you disagree with receiving electronic communications, you must immediately stop using the Firefli Interfaces.


Accessing the Firefli Interfaces and Account Security

Firefli grants you a limited license to access the Site and Mobile Application, subject to these Terms of Service. If you choose to subscribe to and use the Firefli Interfaces, Firefli further grants you a license to access and use the services subscribed for, subject to and conditioned upon your compliance with these Terms of Service, the Privacy Policy, and any other rules and requirements communicated to you by Firefli, including your payment of applicable fees. You acknowledge and agree that Firefli may modify, update, and otherwise change the services it provides at any time, in its sole discretion. Any purchases you make are intended for you, as the end user only, and not authorized for resale without our express permission and authorization. We reserve the right to refuse or cancel your order if we suspect you are purchasing our services for resale. 

We reserve the right to withdraw or amend Firefli Interfaces, and any service, product, or material we provide on the Firefli Interfaces, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Firefli Interfaces is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Firefli Interfaces, or the entire Firefli Interfaces, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Firefli Interfaces.

  • Ensuring that all persons who access the Firefli Interfaces through your internet connection, account, or through your agreement with the Company are aware of these Terms of Service and comply with them.

  • Ensuring no restrictions prohibit your use of the Firefli Interfaces and that you aren’t located in a country subject to US Government embargo or that violates OFAC compliance.

To access the Firefli Interfaces or some of the resources it offers, you may be asked to create and/or provide certain registration details or other information, expressly including your email and password and other information listed in the Privacy Policy. It is a condition of your use of the Firefli Interfaces that all the information you provide on the Firefli Interfaces is correct, current, and complete. You agree that all information you provide to register with Firefli Interfaces or otherwise, including, but not limited to, through the use of any interactive features on the Firefli Interfaces, is governed by our Privacy Policy which is set forth on one or more of the Firefli Interfaces and as the same may be updated from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to Firefli Interfaces or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. By signing up for an account with any of the Firefli Interfaces, you represent and warrant to us, and agree that we may rely on such representations and warranties, that: 

  1. you are authorized to use the Firefli Interfaces, the products, services, and other features contained therein; 

  2. all of your account information, registration information, address, phone number, email address, and other payment information that you may provide from time to time is true, correct, accurate, and complete; 

  3. you agree to maintain the security of your account, your account details, and your password; 

  4. you accept full responsibility for all activity that occurs under your account, expressly including compliance with these Terms of Service;

  5. you acknowledge that the Company will use the email address you provide as the primary method for communication and you agree to update and keep current your email address on file with the Company;

  6. you acknowledge and agree that: (i) it is your sole responsibility to keep your password secure and to ensure that no third party uses your password; and (ii) the Company shall not be liable for any loss or damage from your failure to maintain the security of your account information and password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security;

  7. you are responsible for all your activity and content relating to your account and your use of the Firefli Interfaces, including, but not limited to, photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account through your access to and use of Firefli Interfaces (collectively “Materials”), and you represent and warrant to the Company that: (i) you either own your Materials; or (ii) have the legal right to use your Materials in the manner in which you use your Materials through use or access to the services;

  8. any breach or violation of any term in these Terms of Service, as determined in the sole discretion of the Company, may result in immediate termination of your right to access Firefli Interfaces and use the Company’s services. The Company reserves the right to take action against any party that would breach or violate these Terms of Service; 

  9. you are authorized to contract on behalf of and legally bind any entity which you represent to these Terms of Service at the time of any application for, subscription to, or use of the Firefli Interfaces; and

  10. you shall at all times comply, and cause any authorized user, guest, and/or invitee associated with your account to comply, with all existing applicable laws, regulations, and ordinances (collectively “Applicable Laws”) while using or accessing the Firefli Interfaces.


Intellectual Property Rights

The Firefli Interfaces and its text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Firefli Interfaces is owned, controlled or licensed by or to the Company and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Firefli Interfaces does not imply any affiliation, sponsorship, or endorsement of the Company by the respective owners of such trademarks or service marks, or that a license of any kind has been granted to the Company.  

Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of the Content on the Firefli Interfaces is strictly prohibited, and may result in legal action against those engaging in such activities. In particular, but without limitation, users may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on the Firefli Interfaces, nor allow any third party to do so through the user account or their devices, even without the user’s knowledge. Any applicable statutory limitation or exception to copyright law or trademark law shall remain unaffected.

The Company uses commercially reasonable efforts to ensure that the Content provided on the Firefli Interfaces infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are asked to report any complaints using the contact details provided in the Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA section below.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Firefli Interfaces, except as follows:

  • Your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your browser or device for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Firefli Interfaces for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not, and hereby agree not to:

  • Modify copies of any materials from Firefli Interfaces.

  • Use any illustrations, photographs, video or audio sequences, or any graphics or other Content separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Firefli Interfaces.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Firefli Interfaces in breach of the Terms of Service, your right to use the Firefli Interfaces will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Firefli Interfaces or any intellectual property or Content of the Company and/or on the Firefli Interfaces is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Firefli Interfaces not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. To the extent that you have or obtain any ownership interest in any of Company’s intellectual property for any reason, you agree to assign or otherwise transfer, and hereby do assign and transfer, any and all such ownership interest to the Company without further action. You further agree to provide any reasonable amount of assistance necessary to transfer to the Company and protect any proprietary rights in Company’s intellectual property. You further agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other intellectual property of the Company. 


Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA

In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, the Company will respond expeditiously to clear notices of alleged copyright infringement that are reported to the Company’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on the Firefli Interfaces that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to the Company by providing the Company’s designated copyright agent listed below with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit the Company to locate the material.

  • Provide information reasonably sufficient to permit the Company to contact you, including a name, address, telephone number and email address.

  • If possible, provide information sufficient to allow the Company to notify the owner/administrator of the allegedly infringing content.

  • Include the following statements:

    • “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

    • “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

  • Sign the notice.

  • Send the notice to [Info@Fireflifit.com].

  • Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.


Prohibited Uses; Authorized User Policy Provisions

You may use the Firefli Interfaces only for lawful purposes and in accordance with these Terms of Service, expressly including the following terms and conditions. The Company has the right, but not the obligation or duty, to monitor and/or investigate your use of the Firefli Interfaces. The Company’s determination that you have violated these Terms of Service will be final and binding and shall be made in the Company’s sole discretion, and any action taken by the Company, including no action at all deemed appropriate, shall also be in Company’s sole discretion. You agree not to use the Firefli Interfaces:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Firefli Interfaces, or which, as determined by us, may harm the Company or users of the Firefli Interfaces, or expose them to liability.

Additionally, you agree not to:

  • Use the Firefli Interfaces in any manner that could disable, overburden, damage, or impair the Firefli Interfaces or interfere with any other party’s use of the Firefli Interfaces, including their ability to engage in real time activities through the Firefli Interfaces.

  • Use any robot, spider, or other automatic device, process, or means to access the Firefli Interfaces for any purpose, including monitoring or copying any of the material on the Firefli Interfaces.

  • Use any manual process to monitor or copy any of the material on the Firefli Interfaces, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Firefli Interfaces.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Firefli Interfaces, the server on which the Firefli Interfaces is stored, or any server, computer, or database connected to the Firefli Interfaces. 

  • Attack the Firefli Interfaces via a denial-of-service attack or a distributed denial-of-service attack.

  • Delete or alter any material that does not belong to you. 

  • Harass, incite harassment, or advocate harassment, or otherwise bully, defame, or threaten any person, group, or company.

  • Otherwise attempt to interfere with the proper working of the Firefli Interfaces.

  • Resell or assign any rights or obligations you have under these Terms of Service.

  • To engage in any conduct that condones or promotes violence against people based on race, ethnicity, color, national origin, citizenship, religion, age, sex, gender, sexual orientation, disability, medical condition or veteran status.

  • To engage in any conduct that infringes on the copyright, trademark, or any other intellectual property rights of others.

  • You may not post or upload any materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

  • You may not offer goods or services, or post or upload materials, that promote self-harm.

  • You may not offer goods or services, or post or upload materials, that imply or promote support or funding of, or membership in, a terrorist organization.

  • You may not post or upload any materials that are objectionable to the Company or that could potentially harm the Company’s reputation, as determined by the Company in its sole and reasonable discretion.

  • You may not engage in verbal or written abuse of any kind (including threats of abuse or retribution) of any customer, employee, member, or officer of the Company, or any other third-party.


User Contributions

The Firefli Interfaces may contain message boards, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) from time to time that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Firefli Interfaces. All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the Firefli Interfaces or otherwise provide to us will be considered non-confidential and non-proprietary. By providing any User Contribution on the Firefli Interfaces or otherwise communicating such User Contribution directly to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, disclaim any intellectual property right to such User Contribution, and agree that any recommendation, idea, thought, suggestion, or improvement to the Firefli Interfaces that may be communicated by you to us shall be considered non-confidential, non-proprietary, and the Company may use any such User Contribution at its sole discretion without obligation to provide attribution and without further obligation to you. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Service. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Firefli Interfaces. We are not responsible for the deletion or removal of any User Contributions of any applicant, user, or company for any reason. In the event of an account deletion, for any reason, any and all User Contributions and content may be deleted or lost.


Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Firefli Interfaces or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Firefli Interfaces. 

  • Terminate or suspend your access to all or part of the Firefli Interfaces for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Firefli Interfaces. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Firefli Interfaces and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 


Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Reliance on Information Posted

The information presented on or through the Firefli Interfaces is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Firefli Interfaces, or by anyone who may be informed of any of its contents.

Firefli Interfaces may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.


Changes to the Firefli Interfaces

We may update the content on Firefli Interfaces from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Firefli Interfaces may be out of date at any given time, and we are under no obligation to update such material. 


Information About You and Your Use of the Firefli Interfaces

All information we collect on Firefli Interfaces is subject to our Privacy Policy which is found on our Firefli Interfaces. By using the Firefli Interfaces, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 


Linking to the Firefli Interfaces and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Firefli Interfaces may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on Firefli Interfaces.

  • Send emails or other communications with certain content, or links to certain content, on Firefli Interfaces.

  • Cause limited portions of content on Firefli Interfaces to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Firefli Interfaces or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Firefli Interfaces other than the homepage.

  • Otherwise take any action with respect to the materials on Firefli Interfaces that are inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 


You agree that upon permitting the Company access to any of your social or digital accounts, you permit the Company to develop and post content, as well as place ads on your behalf.

You understand that while the Company provides reporting to its clients it does not guarantee that reporting is always accurate as part of the data may be reliant on third party systems which can be inaccurate at times, as well as potential technology glitches that prevent accurate reporting. While our intention is always to provide the most accurate reporting possible, we do not guarantee that reporting is always correct.


You understand that your Materials (not including credit card information), may be transferred in an unencrypted manner and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over our networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by the Company, is governed by the Company’s privacy policy.


Precautions

THE SERVICES ARE NOT MEDICAL ADVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.

THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FIREFLI.

You should always consult a physician before making any changes to your sleep or activity based on information provided through the Services, or if you have any questions regarding a medical condition. Firefli is not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body's responses. For example, if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.


Payment and Fees

Paid services may be one-time purchases or automatically renewing subscription services (“Paid Services”), including our Site and Mobile App (“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and Firefli reserves the sole discretion to determine which services or portions thereof require payment.

Paid Services may include pre-ordered products that will be produced for you in the future (“Pre-Order”). You will be charged a Pre-Order fee when placing your Pre-Order. The actual date for shipping any accepted Pre-Order will depend on a variety of factors, including but not limited to, the date of payment of your Pre-Order fee and Firefli's manufacturing schedule. There is no shipping date guarantee for Pre-Orders.

You agree to pay all applicable fees for Paid Services including, without exclusion, any monthly subscription fees, user fees, and offering fees and any other fees, charges, or costs that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the Agreement.

You authorize Firefli to charge your designated payment method for Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the service. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. Individual discounts may not be combined or stacked with any other discount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.

Subscriptions

Certain Paid Services are subscription-based purchases, to which the following terms apply:

Your Subscription term may vary as a continuous, monthly, or annual term (“Subscription Term(s)”), as described in the course of purchasing the Paid Services. Your Subscription will auto-renew for additional Subscription Terms until your Subscription is cancelled by you, or suspended or terminated by Firefli. Unless otherwise indicated by us, your designated payment method will be charged prior to, or at the beginning of, each Subscription Term for the Subscription fee plus any applicable taxes and other charges. [Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.]

You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term. To cancel your subscription and automatic payment, click on the “Cancel Account” button from your account screen or contact our team by visiting [website] and submitting a ticket. Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Subscription Term. In the event you cancel your Subscription, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

If you reside outside the United States and change your mind about your purchase, you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-Off Period.

From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. Prior to starting your free trial we will notify you of the applicable Subscription fees that will be charged at the expiration of your free trial. Unless you cancel your Subscription prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basis for your Subscription fee, plus any applicable taxes and other charges, for as long as your Subscription continues. You must cancel your Subscription before the end of your free trial period to avoid any charges. Instructions for canceling your Subscription are described above.

Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or annual basis depending upon your choice, and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method you provide one day prior to the monthly or yearly anniversary of the initial purchase date.

[In the event that you have not logged in or otherwise used the Services for six (6) months or longer following purchase or receipt of a Product during a free trial, we reserve the right to terminate your subscription, cancel any pending purchase(s), and refund you the purchase price of the Product only. You will not be entitled to a refund for the value of the Subscription during the free trial.]

Firefli reserves the right to adjust the Fees for our Paid Services, or any features or parts of our Paid Services, at any time. You acknowledge that Firefli may change the Fees for Paid Services at any time. In the event of such a change, Firefli will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.


Links from the Firefli Interfaces

The Firefli Interfaces may contain links to other sites, third-party plug-ins, and resources provided by third parties, as well as allowing you to integrate with third-party services and apps. If you choose to click on these links or otherwise use the interfaces, plug-ins, or apps, you understand your information may be shared with third-parties and the public more generally depending on how such third-party services function. Each of the foregoing, including links contained in advertisements, banner advertisements, and sponsored links, may be provided to you for your convenience only and in no way implies an affiliation, endorsement, approval, control, or adoption by us. We have no control over the contents or business practices of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We make no claims, and hereby disclaim, the security or adequacy of any such services, websites, or plug-ins. If you decide to access any of the third-party websites, plug-ins, or services linked to Firefli Interfaces, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 


Geographic Restrictions

The owner of the Firefli Interfaces is based in the State of Texas in the United States. We make no claims that the Firefli Interfaces or any of its content is accessible or appropriate in any specific country. Access to the Firefli Interfaces may not be legal by certain persons or in certain countries. If you access the Firefli Interfaces from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Firefli Interfaces will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Firefli Interfaces for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FIREFLI INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIREFLI INTERFACES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE FIREFLI INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIREFLI INTERFACES IS AT YOUR OWN RISK. THE FIREFLI INTERFACES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIREFLI INTERFACES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FIREFLI INTERFACES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE FIREFLI INTERFACES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIREFLI INTERFACES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE FIREFLI INTERFACES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FIREFLI INTERFACES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FIREFLI INTERFACES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FIREFLI INTERFACES, ANY WEBSITES LINKED TO IT, ANY DAMAGE OR INJURY RESULTING FROM HACKING OR UNAUTHORIZED ACCESS, ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS TO THE COMPANY’S SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR VIRUSES, ANY ERRORS OR OMISSIONS IN ANY CONTENT, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, ANY CONTENT ON THE FIREFLI INTERFACES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO THE FIREFLI INTERFACES FOR THE LAST 12 MONTHS PRECEDING THE DATE OUT OF WHICH LIABILITY FOR THE CLAIM AROSE. YOU UNDERSTAND AND AGREE THAT THE COMPANY WOULD NOT MARKET ITS FIREFLI INTERFACES OR MAKE THEM AVAILABLE TO THE PUBLIC WITHOUT THESE LIMITATIONS OF LIABILITY AND, BY DOWNLOADING, USING, OR INTERACTING WITH THE FIREFLI INTERFACES, YOU AGREE THESE LIMITATIONS OF LIABILITY ARE ACCEPTABLE, FAIR, AND ACCURATE OF YOUR AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Service or your use of the Firefli Interfaces, (2) your violation of any law, rule, or regulation, (3) your violation of any third-party rights, (4) your User Contributions, (5) any use of the Firefli Interfaces’ content, services, and products other than as expressly authorized in these Terms of Service, or (6) your use of any information obtained from the Firefli Interfaces.


Governing Law and Jurisdiction

The parties hereto expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms of Service. All matters relating to the Firefli Interfaces and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Firefli Interfaces shall be instituted exclusively in the federal or district courts of Collin County in the State of Texas. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. 


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE FIREFLI INTERFACES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:

Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834

or by telephone at (800) 952-5210.


Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 


Assignment

These Terms of Service are assignable by Company at any time, for any reason, without further permission or consent from any user. Users may not assign or transfer their rights or obligations under these Terms of Service in any way without the Company’s prior written consent. These Terms of Service shall be binding upon and will inure to the benefit of the parties and their respective heirs, representatives, administrators, successors, and permitted assigns. 


Service Interruption

The Company reserves the right to interrupt the services and products in the Firefli Interfaces for any reason, including maintenance, updates, or changes. The Company also has the right to suspend or terminate the Firefli Interfaces altogether and, if such services are discontinued, the Company will allow a reasonable time not less than thirty (30) days for users to extract personal information, if any, and cease further subscription charges. The services or products contained in the Firefli Interfaces may be unavailable due to any number of force majeure events and, in such case, the Company will use commercially reasonable efforts to restore access as soon as reasonably possible. In the event the Firefli Interfaces services or products are interrupted continuously for more than ten (10) days in any month as a result of an intentional act or omission by the Company, users should contact the Company for a replacement period of time equal to such continuously interrupted period without additional charge. Except as otherwise provided for specifically herein, this shall be such users’ only remedy.


No Reselling

No user may reproduce, duplicate, copy, sell, resell, or exploit any portion of the Firefli Interfaces without the Company’s express prior written permission. 


Termination

Firefli shall have the right to terminate these Terms of Service for any reason by providing thirty (30) days notice to you, immediately if you breach these Terms of Service, or immediately upon non-payment of Fees. Firefli reserves the right to suspend, modify, or remove or disable access to any of its Services at any time for any reason. You may terminate your use of the Services at any time and may terminate any Subscription services in the manner set forth herein. 


Entire Agreement

The Terms of Service and our Privacy Policy, including any other documents referenced herein or therein, constitutes the sole and entire agreement between you and the Company regarding the Firefli Interfaces and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Firefli Interfaces. Even after you are no longer a user of Firefli Interfaces, the terms and provisions contained herein that are intended to, or naturally, survive termination shall continue in effect. 


Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Firefli Interfaces should be directed to: [Info@Fireflifit.com]. 

End of Terms of Service