Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fierce Builds Software ("FierceBuilds", "we", "us", or "our") governing your access to and use of our website (fiercebuilds.com), products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

Eligibility

You must be at least 13 years of age to use our Services. By using our Services, you represent and warrant that you meet this requirement and that all information you provide is accurate, current, and complete.

Account Registration

Some of our products may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal or internal business purposes. You may not sublicense, sell, or transfer this license.

You agree not to use our Services to:

• Violate any applicable law, regulation, or third-party right
• Engage in fraudulent, deceptive, or misleading activities
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Scrape, harvest, or collect data from our Services without authorization
• Impersonate any person or entity
• Post or transmit content that is unlawful, defamatory, obscene, or otherwise objectionable

We reserve the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you have violated these acceptable use provisions.

Our Content

All content, features, and functionality on our Services — including text, graphics, logos, icons, images, audio clips, software, and the compilation thereof — are the exclusive property of Fierce Builds Software or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Trademarks

The FierceBuilds name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fierce Builds Software. You may not use these marks without our prior written permission.

Your Content

Any content you submit or transmit through our Services remains your property. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving our Services.

Some of our products may be offered on a subscription basis. By subscribing, you agree to pay all applicable fees and charges. Subscription fees are billed in advance on a recurring basis according to the plan you select.

You may cancel your subscription at any time. Upon cancellation, you will continue to have access to the paid features until the end of your current billing period. No refunds will be provided for partial billing periods.

We reserve the right to change our pricing at any time. We will notify you of any price changes in advance, and your continued use after the change constitutes acceptance of the new pricing.

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we are not liable for any loss or damage arising from your use of such third-party resources.

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIERCE BUILDS SOFTWARE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless Fierce Builds Software and its affiliates, licensors, and service providers, 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 your violation of these Terms or your use of the Services.

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware.

You agree to attempt to resolve any dispute informally before initiating formal proceedings. If a dispute cannot be resolved informally, both parties agree to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in court for intellectual property disputes.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fierce Builds Software regarding the use of our Services, superseding all prior or contemporaneous agreements, communications, and proposals.

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

Email: contact@fiercebuilds.com