Terms of Use

INTRODUCTION

Last modified April 2022

Welcome to Firehawk Analytics. We are glad to onboard you but before we proceed, we would expect you to read and accept these terms. We have done our best to explain it all without using too much jargon, so it is clear what we expect from you and what you can expect from us.

These are your legal rights and obligations, so please do read everything. If you still have questions or comments after you have read these terms, please contact us. We would love to help you.

DEFINITIONS

1. You and Firehawk Analytics: When we say Client, you or your, we mean both you and any entity or firm you are authorised to represent. When we say Firehawk Analytics, we, our or us, we are talking about the Firehawk Analytics entity you contract with and pay fees to the Firehawk Analytics product you would be using.
2. Our services: Our services consist of all the services we provide you as agreed by both of us as agreed between you and Firehawk Analytics.
3. Agreement date: Agreement date is the date that you and Firehawk Analytics agreed to the terms mentioned in this agreement.
4. Commencement date: Commencement date is the date that Firehawk Analytics has agreed to commence the services as agreed between you and Firehawk Analytics.
5. Onboarding due date: Onboarding due date is the date that Firehawk Analytics will be aiming to complete the services required to onboard the client but does not warrant services will be complete within the time frame.
6. Moving to subscription: Once the onboarding is complete, you move to a subscription to use our services and accept these terms, you become a subscriber. If you are the subscriber, you are the one responsible for paying for your subscription.
7. Fair Use Policy: You are entitled to request changes or seek support during the subscription phase apart from the maintenance. Support will be provided to ensure the smooth running of the services, such as minor updates to APIs, webhooks, systems architecture, and dashboard redesigns – but does not include major rebuilds or new service initiatives. If you exceed the fair use support, you will be charged on an incremental basis or Firehawk Analytics holds the right to deny that service.
8. People invited to use the Firehawk Analytics portal: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. Invited users could be board members, staff, shareholders, etc. All the invited users are considered to have accepted the terms and conditions outlined in this agreement and it is the subscriber’s responsibility to communicate or share the terms of use with all invitees.
9. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you are granting to invited users.
10. Number of member portal accounts: You will be allocated the set number of accounts based on the pricing plan that you opted for. If you exceed the limit, additional charges will be added to the monthly subscription fee for each account you request.
11. The right to use our services: Whether you are a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role, and the level of access you have been granted) for as long as the subscriber continues to pay for the subscription until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
12. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. For example:
13. 1. You control access to a subscription. You decide who is invited to use our services you have subscribed to and what kind of access the invited user has. You can change or stop that access at any time
    2. You are responsible for resolving any disputes with any invited users over access to your subscription
    3. You are responsible for all your invited users’ activity
13. Rules: Whatever your role, when you use Firehawk Analytics you agree to follow the rules outlined in Do’s and Don’ts section. Please read them and make sure you understand what you should and should not do.
14. Your responsibilities: You promise that you will keep your information (including a current email address) up to date. You are responsible for providing true, accurate, and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax, and compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards, but you will ensure that passwords are very strong and not easily guessable.
15. When we introduce new or revised services: Since we are always thinking about how to make Firehawk Analytics the best it can be – we regularly update and expand our services. For new or updated services, there might be additional terms. We will let you know what those terms are before you start using those services.
16. What we own: We own everything we have put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify, or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
    

PRICING

1. Onboarding Fee: Based on the pricing plan that you have agreed to opt for, and onboarding fee is applicable for the onboarding process. This fee would be scoped based on the requirements that were discussed before commencing the phase. If any new requirements are to be added, then the onboarding fee will be re-quoted to include the new requirements.
2. Firehawk Analytics pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal, and cancellation terms. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan will not apply retrospectively and, if we make changes and you are a subscriber, we will make every effort to let you know.
3. Consulting fees: From time to time you may require additional services that go beyond the Fair Use Policy in relation to your account. We will agree a Statement of Works inclusive of corresponding fees prior to commencing.
4. Taxes for your use of our services: You are responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means the location information you give us must be accurate for tax residency purposes.
5. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we do not receive timely payments, we may suspend access to your subscription until the payment is made
   

DATA PRIVACY

1. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a license to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription and send you information we think may be of interest to you based on your marketing preferences.
2. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, we process your own personal data that you provide Firehawk Analytics, like your name and email address for creating user accounts and track your activity in our platform.
3. Anonymised statistical data: When you use our services, we may create anonymized statistical data from your data and usage of our services, including through aggregation. Once anonymized, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses, we communicate to you.
4. Data breach notifications:Where we think there has been unauthorized access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of the unauthorized access, and the location of your affected contacts, you may be required to assess whether the unauthorized access must be reported to the contact and/or relevant authority.
   

CONFIDENTIAL INFORMATION

We take reasonable precautions to protect your confidential information and expect that you will do the same for ours.

1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorized individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
   

SECURITY

1. Security safeguards: We have invested in technical, physical, and administrative safeguards to do our part to help keep your data safe and secure. Read more about these measures on our security page. While we have taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We will notify you if there appears to be unauthorized access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorized user.
2. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible (meaning we are not liable) for any consequences of not using those features.
3. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there has been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Firehawk Analytics’ systems or services to store personal data (unless it is a field explicitly asking for personal data – like a first name or the last name), credit card details, tax identifiers, or bank account details.

MAINTENANCE, DOWNTIME, AND DATA LOSS

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

1. Availability: We strive to maintain the availability of our services and provide technical support. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.
2. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time
3. Modifications: We frequently release new updates, modifications, and enhancements to our services, and in some cases discontinued features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
   

DO's AND DON'Ts

This section is super important because it outlines how you can (and cannot) use our services. Much of it will be common sense.

1. Feedback: We love your feedback and may use it without restriction.
2. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
3. Limitations: Some of our services may be subject to limits such as a cap on the number of screens, accounts and data sources
4. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:

• • 1. Undermine the security or integrity of our computing systems or networks.
    2. Use our services in any way that might impair functionality or interfere with other people’s use.
    3. Access any system without permission.
    4. Introduce or upload anything to our services that include viruses or other malicious code.
    5. Share anything that may be offensive, violates any law, or infringes on the rights of others.
    6. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
    7. Resell, lease or provide our services in any way not expressly permitted through our services.
    8. Repackage, resell or sublicense any leads or data accessed through our services.
    9. Commit fraud or other illegal acts through our services.
    10. Act in a manner that is abusive or disrespectful to a Firehawk Analytics employee, partner, or other Firehawk Analytics customer. We will not tolerate any abuse or bullying of our Firehawk Analytics employees in any situation.
        

TERMINATION

You can terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

1. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
2. Termination by Firehawk Analytics: Firehawk Analytics may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Firehawk Analytics may also terminate or suspend your subscription or access to all or any data immediately if:
3. you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
4. you breach any of these terms and the breach cannot be remedied,
5. you fail to pay subscription fees, or
6. you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
7. No refunds: No refund is due to you if you terminate your subscription or Firehawk Analytics terminates it in accordance with these terms.
8. Retention of your data: Once a subscription is terminated by you or us, it is archived, and the data submitted or created by you is no longer available to you. We retain it for a period, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
   

LIABILITY AND INDEMNITY

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands, or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we are at fault).
2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
3. Limitation of liability: Other than liability that we cannot exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence), or otherwise, is limited as follows:
4. We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax, or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary, or special loss, damage or expense.
5. For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
6. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose
   

IMPORTANT NOTE

Here we set out some additional terms. Take a read as they cover important issues.

1. No professional advice: Just to be clear, Firehawk Analytics is not a professional services firm of any sort and is not in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a small business, but this should not be seen as a substitute for professional advice, and we are not liable for your use of the information in that way.
2. Events outside our control: We do our best to control the controllable. We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
3. Exclusion: In some places, there may be non-excludable warranties, guarantees, or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict, or modify them. Except for non-excludable guarantees and other rights, you have that we cannot exclude, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
4. Blocking your access, disabling your subscription, or refusing to process a payment: As our clients are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there is a risk – as a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you are not located in a sanctioned country and are not on a sanctioned person’s list. We may also block users from a country if we cannot receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
5. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other subscriber or invited user. You are solely responsible for resolving disputes between you and any other subscriber or invited user. Firehawk Analytics may assign these terms – or any of our rights or obligations in these terms – to another Firehawk Analytics entity as it deems appropriate.
6. Changes to these terms:We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavor to provide you with 30 days’ notice of material changes before they become effective unless we need to make immediate changes for reasons, we don’t have control over. When we notify you, we will do it by email or by posting a visible notice through our services. If a change is not material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Firehawk Analytics.