Term of use

1. ACCEPTING THESE TERMS

This document, our rules, policies and the other documents referenced make up ourTerms and Conditions (“Terms”). The Terms are a legally binding contract between youand FireWork Solutions Ltd. (known as FireWork). This contract sets out your rights andresponsibilities when you use brand.thefirework.app. Please read them carefully.

2. CHANGES

FireWork may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it.

3. ELIGIBILITY

The Site is intended solely for persons who are (i) 18 or older, or (ii) 13 and older if either (a) an emancipated minor, or (b) he/she possess legal parental or guardian consent. By accessing or using the Site you represent and warrant that you are not legally prohibited from accessing the Site or using the Services under the laws of the country in which you access or use the Site.

4. ABOUT ATNMY MARKETING PLATFORM

The Site allows a User to access information and the Services and provides opportunities for a User to request information apply for an account, signup for notifications or engage with FireWork through provided communication options. You agree to provide accurate, current and complete information in all communications with FireWork and in all other use of the Site or Services.

THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE BRANDS AND INFLUENCERS TO CONNECT AND ENTER INTO AGREEMENTS. FireWork CANNOT AND DOES NOT CONTROL THE CONTENT POSTED BY USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SUCH USER CONTENT, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES, AND GUIDES.

5. USER AFFIRMATIONS, CONDUCT AND USE

By using the Site, you represent, warrant and agree to the following:

- You are at least 18 years of age.
- You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Site.
- Nothing that you upload, publish, represent, warrant or transmit using the Site, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Services.
- You will not use the Site for any commercial or other purposes that are not expressly permitted by these Terms.
- You will not copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these Terms.
- You will not interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- You will not systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- You will not access, tamper with, or use non-public areas of the Site, FireWork's computer systems, or any third-party provider system.
- You will not attempt to probe, scan, or test the vulnerability of any FireWork system or network or breach any security or authentication measures. If you are a security researcher, you can review our vulnerability disclosure policy.
- You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FireWork or any of FireWork's providers or any other third party (including other Users) to protect the Site.
- You will not advocate, encourage, or assist any third party in doing any of the foregoing.

FireWork will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. FireWork may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.

You acknowledge that FireWork has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or another governmental body.

6. OWNERSHIP

The Site is protected by copyright, trademark, and other laws of the United States and Canada. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of FireWork and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.

7. LINKS

The Site may contain links to third-party websites or resources. You acknowledge and agree that FireWork is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FireWork. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

8. ACCOUNTS

To use the Services, you need to establish an account by signing up through our site (the “Account”). You agree to provide accurate, current and complete information about yourself. You are responsible for keeping your password secret and secure. You must immediately notify us of any unauthorized use of your password, account or any other breach of security of which you become aware. You are liable for any Damages caused by any unauthorized use of your password, user name, or Account.

9. TERMINATION

FireWork may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to our Site.

10. DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE OR SERVICE, YOU DO SO AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FireWork EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FireWork MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FireWork MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE OR SERVICES.

11. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES REMAINS WITH YOU. NEITHER FireWork NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ANY SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FireWork HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. INDEMNIFICATION

You agree to release, defend, indemnify, and hold FireWork and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site, or your violation of these Terms; (b) your reliance on the Site;(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Site caused damage to a third party. FireWork shall have the right to control all defense and settlement activities.

13. PAYMENT

In consideration of the Services, we receive a fee (the "Service Fee") from Users posting marketing campaigns in exchange for providing the Services. 

Payments are processed through the Stripe service. To initiate a payment, the Influencer has to accept an offer, at which point the Brand will be prompted to pay. To send the funds, the brand will be directed to a payment modal where they will input the total amount they are paying, input their payment details and then submit to confirm payment. Payments are not recurring, but happen individually. The payment amount will be determined by the brand when they input it, with our standardized service fee and taxes added to it which the brand will review before finalizing the payment. Once the brand submits the payment, the amount, less taxes and fees, is then held by FireWork until the influencer completes all their deliverables outlined in their offer on the FireWork app. After completion of the deliverables, the payment is released to the influencer as a balance on their account, which they can withdraw from at any time.

14. NOTICES

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by FireWork by posting to the website or via electronic mail. For notices or communications by FireWork made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.

15. CONTROLLING LAW AND JURISDICTION

You agree that (i) the Site shall be deemed solely based in United States and Canada, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over FireWork, either specific or general, in jurisdictions other than United States and Canada. These Terms shall be governed by the internal substantive laws of the United States and Canada, without respect to its conflict of laws principles. 

YOU AND FireWork AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.

16. SEVERABILITY

These Terms are intended to govern the agreement between FireWork and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

17. FEEDBACK AND REPORTING MISCONDUCT

FireWork welcomes and encourages you to provide feedback, comments and suggestions (collectively "Feedback") for improvements to the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of FireWork and you hereby irrevocably assign to FireWork and agree to irrevocably assign to FireWork all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

18. ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between FireWork and you regarding the Site and supersede and replace any and all prior oral or written understandings or agreements between FireWork and you regarding the same.