Terms of Service
Last updated: February 25, 2025
These Terms of Service ("Terms") govern your access to and use of Firemetrix (the "Service"), a SaaS platform operated by Firemetrix LLC, Hüfferstr. 54, 33378 Rheda-Wiedenbrück, Germany ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
In case of any discrepancy between the English and German versions of these Terms, the English version shall prevail.
1. Definitions
"Service" means the Firemetrix web application, including all features, tools, and related services.
"User", "you", "your" means any individual or entity that accesses or uses the Service.
"Content" means any data, text, configurations, or other material you submit, upload, or generate through the Service.
"Subscription" means a paid plan that grants access to specific features of the Service.
"Third-Party Services" means external services integrated with the Service, including but not limited to Google Ads, Google Merchant Center, and Google Analytics.
2. Account Registration and Authentication
2.1 To use the Service, you must create an account. You may register using Google OAuth (Single Sign-On) or any other authentication method we provide.
2.2 By authenticating via Google OAuth, you authorize us to access certain information from your Google account as described in our Privacy Policy. You also authorize us to connect to Google services (Google Ads, Google Merchant Center, Google Analytics) on your behalf, subject to the permissions you grant.
2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
2.4 You must provide accurate, current, and complete information during registration and keep your account information up to date.
2.5 You must be at least 18 years old or have the legal capacity to enter into a binding agreement to use the Service.
3. Subscriptions and Payments
3.1 Certain features of the Service require a paid Subscription. Pricing, features, and billing cycles are described on our pricing page.
3.2 Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You can cancel your Subscription at any time through your account settings.
3.3 All fees are stated exclusive of applicable taxes (including VAT) unless otherwise indicated. You are responsible for any applicable taxes.
3.4 Payments are processed through our third-party payment provider. By subscribing, you agree to the payment provider's terms of service.
3.5 We reserve the right to change Subscription fees upon 30 days' prior notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
3.6 Refunds are handled in accordance with applicable law. For EU consumers, statutory withdrawal rights apply as outlined in Section 11.
4. Use of the Service
4.1 We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms and your Subscription plan.
4.2 You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to reverse-engineer, decompile, or disassemble the Service; (c) interfere with or disrupt the integrity or performance of the Service; (d) access the Service through automated means (bots, scrapers) without our written consent; (e) resell, sublicense, or redistribute the Service without authorization; (f) use the Service to infringe on intellectual property rights of any third party.
5. AI-Powered Features
5.1 The Service includes features powered by artificial intelligence ("AI Features"). AI-generated outputs are provided on an "as-is" basis and may contain errors, inaccuracies, or biases.
5.2 You are solely responsible for reviewing, verifying, and validating any AI-generated output before relying on it for business decisions, publishing, or any other use.
5.3 We do not guarantee the accuracy, completeness, or fitness for a particular purpose of any AI-generated content. AI Features are tools to assist you, not substitutes for professional judgment.
5.4 We may use anonymized and aggregated usage data to improve our AI models and the Service. Personal data processing is governed by our Privacy Policy.
5.5 We reserve the right to modify, update, or discontinue AI Features at any time without prior notice.
6. Google Services Integration
6.1 The Service integrates with Google services, including Google Ads, Google Merchant Center, and Google Analytics. By connecting these services, you authorize us to access and process data from your Google accounts as necessary to provide the Service.
6.2 Your use of Google services is subject to Google's own terms of service and privacy policies. We are not responsible for any changes, interruptions, or limitations imposed by Google.
6.3 You represent that you have the authority to grant us access to the connected Google accounts and that such access does not violate any agreements you have with Google or any third party.
6.4 We are not liable for any losses, damages, or costs arising from actions taken by Google, including suspension or termination of your Google accounts or services.
6.5 You may revoke access to Google services at any time through your account settings or your Google account permissions. Revoking access may limit or disable certain features of the Service.
7. Intellectual Property
7.1 The Service, including its software, design, trademarks, and all related intellectual property, is and remains our exclusive property or that of our licensors.
7.2 You retain ownership of any Content you submit to the Service. By submitting Content, you grant us a limited, non-exclusive license to use, process, and store your Content solely to provide and improve the Service.
7.3 AI-generated outputs created using your inputs are considered your Content, subject to the limitations in Section 5.
8. Data Protection and Privacy
8.1 We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).
8.2 Where we process personal data on your behalf (e.g., data from your Google Ads account), we act as a data processor. A separate Data Processing Agreement (DPA) may apply.
8.3 You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining any necessary consents from your end users.
9. Limitation of Liability
9.1 To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
9.2 Our total aggregate liability for any claims arising out of or related to these Terms or the Service shall not exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
9.3 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.
9.4 We do not guarantee uninterrupted, error-free, or secure operation of the Service. The Service is provided "as is" and "as available".
10. Termination
10.1 You may terminate your account at any time through your account settings or by contacting us at info@firemetrix.io.
10.2 We may suspend or terminate your access to the Service immediately if you breach these Terms, engage in fraudulent or illegal activity, or if required by law.
10.3 Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete your Content after a reasonable retention period of 60 days; (c) any outstanding fees remain due and payable.
10.4 Sections that by their nature should survive termination (including Sections 7, 9, 12, and 13) shall survive.
11. Right of Withdrawal (EU Consumers)
11.1 If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason.
11.2 The withdrawal period expires 14 days after the day the contract is concluded.
11.3 To exercise the right of withdrawal, you must inform us at Firemetrix LLC, Hüfferstr. 54, 33378 Rheda-Wiedenbrück, Germany, info@firemetrix.io of your decision to withdraw by an unequivocal statement (e.g., a letter sent by post or email).
11.4 If you have requested to begin the performance of services during the withdrawal period, you shall pay us an amount proportional to what has been provided until you have communicated your withdrawal.
11.5 By expressly consenting to the immediate provision of the Service upon Subscription and acknowledging the loss of the right of withdrawal once the Service has been fully performed, you may waive this right as permitted by applicable law.
12. Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws principles.
12.2 For consumers in the EU, mandatory consumer protection laws of the consumer's country of residence shall apply where they provide a higher level of protection.
12.3 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Rheda-Wiedenbrück, Germany, unless mandatory consumer protection laws require otherwise.
12.4 The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Miscellaneous
13.1 We may amend these Terms at any time by posting the updated version on the Service. Material changes will be communicated to you at least 30 days in advance via email or in-app notification. Your continued use of the Service after such notice constitutes acceptance of the revised Terms.
13.2 If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
13.5 For questions or concerns regarding these Terms, please contact us at info@firemetrix.io.