End User License Agreement

1. Acceptance of Agreement

This End User License Agreement (“Agreement”) you are reading is a legally binding agreement between FireArc Inc (“Company”, “We” or “Us”) and yourself. By installing, copying, downloading, accessing, or otherwise using FlowWrite – your AI-powered writing assistant that helps you generate various types of written content quickly and easily and the website associated with it (the “Product” and “Website”) you agree that you have read, understood, accept and agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Product or Website. Please note that the term “you” also includes the company or other entity/organization on whose behalf you are accepting this Agreement, to the extent applicable. If you do not have the requisite authority, you may not accept this Agreement and/or use the Website and Product on behalf of any company or other entity/organization.

By accessing the Product or Website, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you are unwilling to accept all of the terms of this Agreement, you should not download the Product or access the Website.

We may change these terms at any time. The new terms (or any amendment thereto) may be displayed onscreen and you may be required to read and accept them to continue your use of the Product or Website. Depending on the update, you may not be able to use the Product until you have downloaded the latest version of the Product and accepted any new terms.

Your continued use of the Website and Product after a change or modification of this Agreement has been made, will constitute your acceptance of the revised Agreement. If you do not agree to the Agreement, your only remedy is to discontinue your use of the Website and Product.

If you violate the Agreement, the Company reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the access to the Website and Product. You agree that Company does not need to provide you notice before terminating or suspending your access to the Website and Product, but it may provide such notice in its sole discretion.

You declare that by acceptance of this Agreement and/or by using the Website and Product you are of legal age to form a binding contract with the Company or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Website and Product and may not accept this Agreement if you are a person barred from receiving the services provided through the Website and Product under the laws of the country in which you are resident or from which you use the Website and Product.

2. License Grant to Use the Product

The Company hereby grants you a personal, non-exclusive, non-transferable and non-sublicensable, revocable license, which is time-limited to the term of this Agreement, to install the Product solely for your internal use. For the removal of doubt, no commercial use may be made by you or any others on your behalf with the use of the Product without the Company’s prior written consent. The Product is licensed, not sold, to you for use only under the terms of this Agreement. We reserve all rights not expressly granted to you.

You shall not make any copies of the Product and are expressly prohibited from providing the Product or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by the Company in writing.

The Company may make modifications, additions and upgrades to the Product, as it deems necessary. The terms of this Agreement will apply to any updates that the Company may make available to you unless the update is accompanied by a separate license, in which case the terms of that license will govern. You agree that updates may require you to change or update the Product, and may affect your ability to use, access or interact with the Product. The Company is not obligated to provide any maintenance, technical or other support for the Product.

3. Access to the Website and Product

The Company cannot guarantee that the Website and Product will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Product, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. The Company takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from pandemics, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

4. AI Provisions

You may submit text, prompts, images, and other content to the Product and related services (“Input”). Based on your Input, the Services may generate text, images, edits, or other AI-generated results (“Output”). Input and Output together are “User Content.” You are solely responsible for your User Content, including ensuring that it complies with these Terms and applicable law. You represent and warrant that you own or have all rights, licenses, consents, and permissions needed to submit the Input and use it through the Services, and that your Input and use of the Services do not infringe, misappropriate, or otherwise violate any third-party rights or applicable law. The Company is not obligated to review, screen, or monitor any User Content or your use of it. Any breach of this Section may result in suspension or termination of your access to the Product or Services, in addition to any other rights or remedies available to the Company.

Output is provided on an “as is” basis. To the maximum extent permitted by applicable law, the Company makes no representations or warranties regarding any Output, including that it will be accurate, complete, reliable, non-infringing, lawful, or fit for any particular purpose, or that it will meet your requirements or expectations. Any use of or reliance on Output is at your sole risk, and the Company disclaims all liability arising from or relating to such Output.

Due to the nature of AI, Output may not be unique, and the same or similar Output may be generated for other users. Output may also be incomplete, inaccurate, misleading, offensive, or otherwise objectionable, and may not depict real people, places, or events. References in Output to third-party products or services do not imply any endorsement, sponsorship, or affiliation by the Company.

You acknowledge that AI-generated Output may contain unintended changes, errors, or alterations that the Company cannot fully predict, prevent, or control. You are solely responsible for reviewing all Output before using, sharing, printing, or relying on it, and the Company disclaims all liability for any unintended Output or the consequences of its use.

5. Privacy and Information Collection

All of your information collected by the Website and Product will be used, stored and managed in accordance with the terms and conditions of our privacy policy, available here (the “Privacy Policy”).

We may change the Privacy Policy as set forth in the Privacy Policy. The new Privacy Policy (or any amendment thereto) may be displayed on-screen and you may be required to read and accept it to continue your use of the Website and Product.

Your continued use of the Website and Product after a change or modification of the Privacy Policy has been made, will constitute your acceptance of the revised Privacy Policy. If you do not agree to the Privacy Policy, your only remedy is to discontinue your use of the Website and Product.

6. Rules of Conduct and Usage

You undertake that you shall not defraud, or attempt to defraud, the Company or other users, and that you shall not act in bad faith in your use of the Website and Product. If the Company determines that you have acted in bad faith and/or in violation of this Agreement, or if the Company determines that your actions fall outside of reasonable standards, Company may, at its sole discretion, terminate this Agreement and prohibit you from using the Product. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

• Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
• Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, bully, discriminate or abuse anyone, hatefully, racially, ethnically or in any other manner;
• Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Website and Product;
• Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website and Product or the mobile phones of other users of the Website and Product;
• Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website and Product in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
• Make representations with respect to the Company not approved in advance and in writing by the Company;
• Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s prior written consent;
• Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
• Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Product; and/or
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Product.

7. Intellectual Property Ownership

The Company and/or its affiliates retain all rights in the Website and Product (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Company Materials”). The entire contents of the Website and Product are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website and Product pursuant to this Agreement or otherwise exploit any of the Product Materials without the Company’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Website and Product in accordance with this Agreement. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.

The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Company Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website and Product or by accessing any of the Company Materials, or rights to any derivative works thereof.

You are not required to provide The Company with any feedback or suggestions regarding the Website and Product or any of the Company Materials. However, should you provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of the Website and Product and/or any of the Company Materials, then, subject to the Agreement and conditions of this Agreement, you hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company’s and its sub-licensee’s products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions.

8. Disclaimer of Warranty; Limitation of Liability; Indemnification

You agree that your use of the Website and Product shall be at your sole risk. The Website and Product is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Website and Product. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and Product and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE AND PRODUCT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE AND PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND PRODUCT, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US $10.

The Company provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website and Product. By using the Website and Product you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content, or for any failure to, or delay in removing User Content.

You agree to indemnify and hold the Company, and each of its affiliates and its and their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

• Your use of, and access to the Website and Product;
• Use of and access to the Website and Product by any person on your behalf;
• Your violation of any term of this Agreement;
• Your violation of any third party right, including without limitation any copyright, property, or privacy right;
• Any claim that any user submission made by you has caused damage to a third party; and/or
• Any User Content you post or share on or through the Website and Product.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

9. Third Party Materials and Links

The Website and Product may enable you to access third party services, content, materials, websites, or other resources, including linked sites (collectively, “Third Party Materials”). Third Party Materials are not under the Company’s control, and the Company is not responsible for their availability, accuracy, legality, quality, content, products, services, updates, or transmissions. Your access to and use of Third Party Materials is at your sole risk, does not imply any endorsement or association, and the Company disclaims all liability for any harm, loss, or damage arising from or related to such access, use, or reliance. You may use Third Party Materials only as authorized by their owners, and the Company may suspend access to the Website and Product, if it reasonably suspects any infringement, misappropriation, or other violation of third party rights in connection with Third Party Materials.

10. Notices

Notices to you may be made via the Website and Product and/or e-mail. The Company may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Product. You agree that all agreements, notices, disclosures and any other communications that the Company provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.

11. General

By using or visiting the Website and Product, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern this Agreement and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Website and Product shall be decided exclusively by a court of competent jurisdiction located in Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. The Company reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any changes. Your use of the Website and Product following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to the Website and Product must be commenced by you within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

The failure by the Company to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

This Agreement constitutes the complete and exclusive agreement between the Company and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of each party.

For any questions about this Agreement or any other issue regarding the Company or the Website and Product please contact us at: [email protected]