Terms of Service

Interpretation and Definitions

Interpretation

Words whose initial letters are capitalized have the meanings defined below. The definitions have the same meaning whether they appear in singular or plural.

Definitions

• Account means a unique account created for You to access the Service.

• Application means any Fyremind web or mobile application provided by the Company.

• Application Store means a digital distribution service operated by Apple or Google through which an Application is made available.

• Company (referred to as the "Company," "We," "Us," or "Our") means Atuscloud LLC in San Francisco, California.

• Country refers to California, United States.

• Device means any device that can access the Service, including a computer, mobile phone, or tablet.

• Premium means the paid or granted Fyremind service features identified in the Service.

• Service means the Fyremind website, web application, mobile applications, and related services provided by the Company.

• Subscription means automatically renewing Premium access billed at the interval disclosed before purchase.

• Terms means these Terms of Service.

• You means the individual or legal entity accessing or using the Service.

Acknowledgment

These Terms govern Your use of the Service and form an agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not use the Service.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. The Company does not permit anyone under 18 to use the Service.

Your use of the Service is also subject to Our Privacy Policy.

User Accounts

You may be required to create an Account to access parts of the Service. You must provide accurate and complete information and keep Your login credentials confidential. You are responsible for activity under Your Account and must promptly notify Us of suspected unauthorized use.

We may remove, reclaim, or change a username that We reasonably determine is inappropriate, misleading, unlawful, or objectionable.

Paid Subscriptions and Automatic Renewal

Fyremind may offer monthly, annual, or other Subscription plans. The applicable price, currency, billing interval, Premium features, and any applicable taxes are displayed before You purchase. Those checkout disclosures are incorporated into these Terms.

Subscriptions renew automatically until canceled. By purchasing a Subscription, You expressly authorize the Company and its payment processor, Stripe, to charge the payment method You provide for the amount and at the frequency displayed before purchase, plus applicable taxes, until You cancel.

You must provide current and accurate billing information. Stripe processes payment-card information as described in Our Privacy Policy. Fyremind does not receive or store Your complete card number or card security code.

We may change Subscription prices or material terms prospectively. We will provide any notice required by applicable law before a change takes effect. Unless the notice states otherwise, a price change applies at a future renewal and not retroactively.

If a payment fails, Stripe may retry the charge. We may limit or end Premium after the applicable paid-through period and any payment-recovery period have ended.

Subscriptions purchased through an Application Store are also governed by that store's billing, cancellation, and refund rules. Any conflict concerning a store-processed payment is governed by the store's applicable mandatory terms.

Cancellation and Refunds

You may cancel automatic renewal through the subscription controls in Your Fyremind Account. Cancellation prevents future renewal charges but does not, by itself, refund a completed charge. Unless a refund is issued or applicable law requires otherwise, Premium remains available through the end of the current paid period.

For purchases processed directly by Fyremind, refund requests are governed by Our Refund Policy. When a refund ends Premium access, Your Account remains available and You may continue using the free version of Fyremind.

Purchases processed by Apple or Google must be refunded through the applicable Application Store and are subject to that store's policies and processing times.

Nothing in these Terms limits any non-waivable cancellation or refund right provided by applicable law.

SMS Terms of Service

By opting into SMS from a web form or other medium, You agree to receive SMS messages from Atuscloud LLC, including account notifications. Message frequency varies. Message and data rates may apply.

See Our Privacy Policy at https://www.fyremind.com/privacy. Message HELP for help. Reply STOP to any message to opt out.

Links to Other Websites

The Service may contain links to third-party websites or services not owned or controlled by the Company. The Company does not control and is not responsible for their content, privacy policies, or practices. We recommend reviewing the terms and privacy policies of any third-party service You use.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, if You breach these Terms or where otherwise permitted by law. Upon termination, Your right to use the Service will cease. Termination does not eliminate payment obligations already incurred or rights that by their nature survive termination.

Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of the Company and its suppliers under these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service or USD $100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for special, incidental, indirect, or consequential damages, including loss of profits, data, privacy, or business interruption, arising from the use of or inability to use the Service, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, liability will be limited only to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and freedom from harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or statutory consumer rights. In those jurisdictions, these exclusions apply only to the greatest extent permitted by law.

Governing Law and Disputes

The laws of California, excluding its conflict-of-law rules, govern these Terms and Your use of the Service, except where mandatory local consumer law applies. If You have a concern or dispute, You agree to first try to resolve it informally by contacting the Company.

If You are a consumer in a jurisdiction with mandatory consumer protections, You retain those protections.

United States Legal Compliance

You represent that You are not located in a country subject to a United States government embargo or designated as supporting terrorism, and that You are not listed on a United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms is held unenforceable or invalid, it will be interpreted to accomplish its objective to the greatest extent permitted, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver of that provision or any later breach.

Changes to These Terms

We may update these Terms from time to time. If a revision is material, We will provide notice as required by applicable law before the new terms take effect. Continued use after the effective date constitutes acceptance where permitted by law.

Contact Us

Questions about these Terms may be sent to support@fyremind.com.