KPI FIRE TERMS OF SERVICE

By using the KPI Fire (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). KPI Fire, (“Company”) reserves the right to update and change these Terms of Service without notice. SUBSCRIBER SHOULD REVIEW THIS AGREEMENT CAREFULLY AND INDICATE SUBSCRIBER’S ACCEPTANCE BY CLICKING ON THE “I AGREE” CHECKBOX (“CHECKBOX”). BY CLICKING THE CHECKBOX, SUBSCRIBER AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. Violation of any of the terms below may result in the termination of your account.

ACCOUNT TERMS

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

PAYMENT, UPGRADING AND DOWNGRADING TERMS

  1. PAYMENT – KPI Fire requires payment at the time of sign up unless a free trial period has been authorized. Every month, 3 months or quarter we will bill your credit card the fee stated at the time of purchase plus applicable tax. As soon as you’ve successfully completed this sign-up process and your payment is confirmed, your membership will begin.
  2. RENEWAL – After that, we will renew your monthly subscription automatically, unless you cancel. The price is subject to change, but we will always notify you beforehand.
  3. If you fail to pay for additional months, your account will be frozen and inaccessible until payment is made.
  4. Adding additional users or changing users to different roles will result in the new rate being charged at the next billing cycle. There will be no prorating for users downgraded or removed in between billing cycles.
  5. Fees for data usage and storage are charged at $0.10 per GB of data above 30GB unless your sales agreement states otherwise. These fees are in addition to the monthly service fee.
  6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

CANCELLATION AND REFUNDS

  1. No-Fault Cancelation: You may cancel at any time and no further charges will be due, however no refunds will be issued for previous amounts paid. If you choose to cancel, contact Customer Support at support@kpifire.com and including in the subject line “Cancel Account”.
  2. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
  3. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the KPI Fire site or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

INTELLECTUAL PROPERTY, COPYRIGHT AND CONTENT OWNERSHIP TERMS

  1. All content posted on the Service is must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  3. KPI Fire is Patent Pending. KPI Fire functionality including linking of metrics, goals, and projects is Patent Pending. The look and feel of the Service is copyright © KPI Fire. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  4. You must not modify, adapt or hack the Service.
  5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  8. You agree to allow use of your company name and logo on the Company website and marketing materials including the Company’s list of customers.

SERVICE, SUPPORT, AND GENERAL CONDITIONS

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Basic technical support is provided via email as well as through the application. Premium technical support is an additional service and fee that entitles the you the user to limited phone support.
  3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
  5. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  7. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  8. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  9. Questions about the Terms of Service should be sent to support@KPIFire.com.
  10. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

SMS MESSAGING TERMS & CONDITIONS

  1. By providing your phone number and opting in to receive SMS messages from KPI Fire (“Service”), you agree to receive text messages from KPI Fire (“Company”) in accordance with the terms outlined below.
  2. DESCRIPTION OF SMS PROGRAM: KPI Fire may send SMS (text) messages to users who have opted in. These messages may include, but are not limited to, appointment reminders, meeting confirmations, follow-ups related to scheduled demos, account notifications, customer support communications, product updates, onboarding guidance, and other service-related messages. Message frequency will vary depending on user interaction and account activity.
  3. OPT-OUT INSTRUCTIONS: You may opt out of receiving SMS messages at any time by replying “STOP” to any message. After you send “STOP,” you will receive a confirmation message and will no longer receive SMS messages from KPI Fire unless you opt in again. For assistance, reply “HELP” or contact support@kpifire.com
  4. MESSAGE AND DATA RATES: Message and data rates may apply depending on your mobile carrier and plan. KPI Fire is not responsible for any charges incurred from your mobile provider.
  5. CARRIER LIABILITY DISCLAIMER: Carriers are not liable for delayed or undelivered messages.
  6. AGE RESTRICTION: You must be at least 18 years old or have permission from a parent or legal guardian to participate in KPI Fire’s SMS program.
  7. PRIVACY POLICY: Your privacy is important to us. Information collected through SMS communications is handled in accordance with our Privacy Policy, which can be found at https://www.kpifire.com/privacy-policy/. We do not sell or share your phone number with third parties for their marketing purposes.
  8. CONSENT: By opting into KPI Fire’s SMS messaging, you confirm that you are the authorized user of the phone number provided and consent to receive SMS messages as described above. You understand that consent to receive SMS messages is not a condition of purchase.
  9. SUPPORT CONTACT INFORMATION: For questions or assistance related to SMS communications, please contact support@kpifire.com

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