Firewalla

Term of Service

Firewalla Terms of Service

(Effective as of 11/1/2017, Updated 12/6/2017)

Welcome to Firewalla, an application (“App”) and website (http://firewalla.com) operated by Firewalla LLC. (the “Company”).

Using the App, you can operate the Firewalla cyber security product (“Product”) to help protect your home and your family from cyber intrusions and viruses (the “Service”).

The following Terms of Use (“Terms”) apply when you use the App, website, and Service. The term “App” is used in these Terms to refer to both the website and App.

Please review these Terms carefully.  By accessing or using the App or Service, or by clicking “I agree” when you create an account, you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the App or Service.

ABOUT THE APP AND SERVICE

You will be charged for access to the Service based on the plan you pick when you create an account, or via an in-App purchase.

You will be required to provide the Company or its billing service provider with information regarding your credit card or other payment methods. You represent and warrant to the Company that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date).

You hereby authorize the Company or its billing service provider to bill you in advance (on a lifetime or periodic basis, if this is applicable to the plan you pick)  in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

The term of the Subscription Service will continue on the date of purchase of the applicable Product (or the date you purchase a renewed subscription) and continue for the applicable term purchased. Company will have the right to terminate the Subscription Service prior to expiration of the applicable term by providing you notice, provided that if you purchased a term by paying in advance (e.g. a $0 Subscription or 12-month Subscription), then upon any termination Company will refund to you a pro-rata portion of the payment you made for the term of the Subscription Services (the $0 Subscription will be deemed a 30-month term for refund purpose). By way of example, if you paid $60 for a 12-month term, and Company terminates the term after 6 months, then Company would refund $30. There is no refund offered for lifetime service bundled with the Product. These refunds only apply to Products and Services purchased directly from the Company; for purchases from any other source, please contact the seller, which may have a different policy. The company is not responsible for any refunds for Products or Services obtained other than directly from the Company.

Information about our current fees is here.  We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the App or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

We may terminate your access to the Service for any reason, at our sole discretion

You can terminate your use of the Service at any time.

The App and Service are under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

The Product may send de-bugging information to our servers to ensure the operation of the Service.

USE OF THE APP AND SERVICE

You need to be at least 13 years of age to use the App and Service.

You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.

The Company does not want to receive confidential or proprietary information from you through the App or Service. Any information or material sent to the Company will be deemed NOT to be confidential. By sending the Company any information or other material, you grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferable, sublicensable right and license to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information.

You agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution.

USE RESTRICTIONS

Your permission to use the Service is conditioned upon the following restrictions and conditions.

You agree that you will not:

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the App and Service (except for user content, third-party content, and public domain content), including applicable copyrights, trademarks, and other proprietary rights.

Subject to your compliance with these Terms, with respect to any software installed or embedded in any Company products (“Software”), the Company grants you a limited non-exclusive, non-transferable, non-sublicensable license to use the Software on the product solely for your own personal non-commercial purposes. You may not: (i) copy, modify, translate or create derivative works based on the Software; (ii) distribute, transfer, publish, disclose, sublicense, lease, lend, sell or rent the Software to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the Software, or otherwise attempt to derive the source code; (iv) make the functionality of the Software available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the Software.

The Company reserves all rights that are not expressly granted to you under these Terms.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to (a) your use or attempted use of the App or Services in violation of these Terms; (b) your violation of any law or rights of any third party.

DISCLAIMER

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the App or conveyed using the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the App or created using the Service.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

If you discover that someone else has posted material belonging to you via the App, website, or Service without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site or Service who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at [Insert Address and email]:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Service are covered by a single notification, a representative list of such works at the Site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you provide when you sign up for the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company, App, and Service and special offers. You may opt out of such email by changing your account settings or sending an email to help@firewalla.com.

WARRANTY DISCLAIMER

THE APP AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE APP OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICE; (C) THE APP AND SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID  FOR THE  APP AND  SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

BETA / DEVELOPMENT RELEASE

WE EXPRESSLY REPRESENT THAT BETA/DEVELOPMENT RELEASE SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. IT MAY SEND DEBUG INFORMATION TO FIREWALLA LLC TO IMPROVE SOFTWARE.  WE DO NOT RECOMMEND INSTALLING BETA/DEVELOPMENT RELEASE SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL BETA/DEVELOPMENT RELEASE SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.

You will give Firewalla LLC feedback about Firewalla LLC software consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide Firewalla LLC with any Feedback, as part of the testing and evaluation of Firewalla LLC Beta/Development RELEASE Software, you agree that: (a) FIREWALLA LLC may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Firewalla LLC product, specification or other documentation; and (b) you will not give FIREWALLA LLC any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any FIREWALLA LLC product incorporating or derived from any Feedback, or other FIREWALLA LLC intellectual property, to be licensed to or otherwise shared with any third party.

THIRD PARTY WEBSITES OR RESOURCES 

The Services and App may use links to third-party websites, resources or services. We provide these only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources/services.

MODIFICATION OF TERMS OF USE

The Company can amend these Terms at any time.  It’s your responsibility to check the App from time to time to view any such changes.  If you continue to use the App or Service, you show your agreement to our revisions to these Terms.   Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY

The Company respects the privacy of its users.  Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the App or Service, you show that you agree to this Privacy Policy.

GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

You and Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction 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 action described in the foregoing clause (ii), an “IP Protection Action”). The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.  The arbitration will be conducted in  San Jose, California, before a single arbitrator.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

If you have any questions, you can contact the Company at help@firewalla.com.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users 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 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

If you are agreeing to these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, you may not use the Service on behalf of such entity.

I AGREE __