Marketplace Listing Terms
These Fireberry Marketplace Listing Terms (these “Terms”) constitute a binding agreement between Fireberry Ltd. (“Fireberry”, “us”, “we”, or “our”) and the person or entity that owns and offers an application, integration, widget, template, workflow automation, or other solution through the Fireberry Marketplace (the “App”), whether acting individually or in a representative capacity on behalf of an employer or other legal entity (“you” or “your”). These Terms are supplementary to, and shall be read in conjunction with, the Fireberry Terms of Service (the “Terms of Service”), the Fireberry Developer Terms and Conditions (the “Developer Terms”), the Fireberry Privacy Policy (the “Privacy Policy”), and the Fireberry Acceptable Use Policy (the “AUP”). Together, these instruments govern your submission of the App for listing on the Fireberry Marketplace (the “Marketplace”), the distribution of your App to Users (“App Users”), and your continuing relationship with Fireberry in the context of the Marketplace.
Capitalized terms used but not separately defined in these Terms shall carry the meanings ascribed to them in the Terms of Service and the Developer Terms. To the extent of any conflict between these Terms and the Terms of Service or the Developer Terms, these Terms shall prevail solely with respect to the submission, review, listing, distribution, billing, support, deprecation, and removal of Apps through the Marketplace. In all other respects, the Terms of Service and the Developer Terms shall continue to apply.
Your acceptance of these Terms is effected by submitting an App for listing, publishing an App, making available solutions that interoperate with the Service, or otherwise engaging with the Marketplace in any capacity. If you do not accept these Terms, you must not undertake any of the foregoing activities.
Where you accept these Terms in a representative capacity on behalf of an employer or other entity, you confirm that: (a) you possess the requisite legal authority to bind such employer or entity; and (b) you have reviewed these Terms in their entirety and accept them in the name of and on behalf of such employer or entity.
1. Marketplace Listing
1.1. Eligibility to List
Fireberry may permit you to list your App on the Marketplace, subject to your satisfaction of the applicable listing criteria, standards communicated through the Service, developer documentation, or other written communications, and your App’s compliance with the Terms of Service, the Developer Terms, the AUP, and such additional eligibility requirements as Fireberry may establish from time to time (collectively, the “Listing Conditions”). Your listing privilege is conditional upon your continuous adherence to the Listing Conditions. Fireberry retains absolute discretion to determine: (a) the features, functionality, and operational parameters of the Marketplace; and (b) whether you satisfy the Listing Conditions. You recognize that Fireberry is under no obligation to promote, distribute, list, or make your App available for acquisition, or to continue doing so at any time.
1.2. License Grant to Fireberry
You hereby confer upon Fireberry, and upon any third-party vendor that Fireberry may designate, a limited, worldwide, non-exclusive, royalty-free license to: (a) distribute, make available, or resell your App to current or prospective Users, whether directly or through Fireberry’s distribution partners, with or without the accompanying App Materials (as defined in Section 2), including any excerpts or adaptations thereof; (b) utilize, excerpt, adapt, reformat, transmit, display, and publicize the App Materials in connection with the Marketplace and the Service; (c) employ Your Brand Features (as defined below) for marketing and promotional purposes in connection with the Service, the Marketplace, or your App; (d) reproduce, use, and analyze your App and App Materials for conducting pre-listing and ongoing reviews, which may encompass functional testing, security scanning, privacy evaluation, and quality assessment; and (e) deploy your App for Fireberry’s own internal operational purposes within the scope of the App’s intended functionality for Users. “Your Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand indicia associated with you and your App.
1.3. Post-Termination License Continuation
The licenses conferred upon Fireberry under Section 1.2 shall persist following the termination of these Terms to the extent reasonably necessary for Fireberry to protect its legitimate interests, including without limitation: maintaining the App for Users with active subscriptions during the Wind-Down Period (as defined in Section 20); investigating and responding to Incidents; retaining archival and evidentiary copies; and fulfilling obligations under applicable law.
2. Submission and Assessment
2.1. Submission Requirements
You shall submit your App and each subsequent update to the App or its App Materials to Fireberry’s review team, accompanied by the following: (a) the App’s title, your full legal name, employer details (where applicable), a precise and comprehensive description of the App, complete contact and support information, and any additional information that Fireberry may request; (b) all graphical assets, artwork, images, trademarks, trade names, logos, and other visual or identifying materials associated with your App; (c) a recorded video providing a concise demonstration of the App’s functionality; (d) truthful and complete responses to Fireberry’s App review and security questionnaire; and (e) your App Terms (as defined in Section 3). Items (a) through (e), together with any supplementary information and materials that you provide, are collectively referred to as the “App Materials”. You bear full responsibility for the accuracy and currency of the App Materials, and must update them without delay whenever any change occurs. Fireberry reserves the right to: (i) request supplementary information, including reasonable evidence of insurance coverage maintained in accordance with Section 11 below, and, where commercially available and appropriate in Fireberry’s sole discretion, may require that Fireberry be named as an additional insured; and (ii) accept or decline any App, at any time, in its absolute discretion.
2.2. Security Assessment
As a component of the App review process, you shall complete Fireberry’s security questionnaire, which may address topics including but not limited to your data processing practices, encryption standards, access control mechanisms, incident response protocols, vulnerability management procedures, and your compliance posture under applicable data protection legislation. Fireberry may conduct periodic reassessments, and you shall cooperate with any such reassessment in a timely manner.
2.3. No Endorsement Implied
Fireberry’s review, assessment, or acceptance of your App shall not be construed as an endorsement, guarantee, or certification of the App’s reliability, quality, security, or fitness for purpose, nor shall it create any assurance that the App will not be deactivated, suspended, or withdrawn. You shall not state, suggest, or imply that Fireberry endorses, sponsors, or vouches for your App. Irrespective of acceptance into the Marketplace or the conferral of any certification, badge, or recognition, you remain exclusively responsible for all aspects of your App. Neither Fireberry’s review nor any certification diminishes your obligations, representations, liabilities, warranties, or indemnification commitments under these Terms.
3. Relationship with Users
3.1. Fireberry neither is, nor shall be deemed, a party to the relationship between you and the users of your App, and you shall not represent or suggest otherwise. The terms of service and privacy policy that you establish for your App (collectively, the “App Terms”) shall govern your relationship with your App Users. The App Terms must: (a) be consistent with these Terms, the Terms of Service, the Developer Terms, and the AUP; (b) comply with all applicable laws and regulatory requirements; and (c) be made available to Users prior to their downloading, installing, or accessing your App.Any provision of the App Terms that is inconsistent with these Terms, the Terms of Service, the Developer Terms, or the AUP shall not bind Fireberry, and Fireberry may require you to revise such App Terms as a condition to listing, continued listing, or continued distribution of the App.
3.2. You acknowledge and accept that Fireberry bears no responsibility or liability in connection with your or your App Users’ compliance or failure to comply with the App Terms.
3.3. You undertake to consistently identify the legal entity that owns the App, and that furnishes the App to Users in all App-related communications, including, without limitation, the App Terms, the App’s Marketplace listing page, OAuth authorization screens, and all other interfaces presented to Users.
4. Commercial Terms: Pricing, Billing, and Revenue Sharing
4.1. Your Pricing Discretion
You may set the price at which your App is offered to Users. Fireberry reserves the right to introduce fees for the use of the Marketplace, the listing of your App, or the distribution of your App to Users (“Listing Fees”), subject to sixty (60) days’ advance written notice to you.
4.2. Billing Models
(a) Your App shall be designated as either a “Fireberry-Billed App” or a “Developer-Billed App”, as agreed between you and Fireberry or as specified in the applicable Marketplace documentation.(b) Fireberry-Billed Apps. Where your App is designated as a Fireberry-Billed App, Fireberry shall manage billing on your behalf, either directly or through third-party payment processors. This may encompass invoicing App Users, collecting payments or charges, administering cancellations and refunds, issuing tax documentation, and performing all other actions necessary to carry out billing in respect of the App. By listing your App as a Fireberry-Billed App, you authorize Fireberry and its affiliated entities to perform such billing activities on your behalf. For Fireberry-Billed Apps: (i) you shall not establish, offer, or make available any alternative payment mechanism for your App or any portion thereof; and (ii) all fees and charges payable by App Users for a Fireberry-Billed App must be processed and collected through Fireberry. Amounts collected by Fireberry from App Users on your behalf shall be treated as having been received by you, and such collection shall satisfy the App User's payment obligation to you in respect of the amounts actually collected. Fireberry assumes no liability for securing payment from any App User and will have no liability for any failure by an App User to complete payment, for failed collections, or for any processor, banking, or chargeback-related issue.(c) Developer-Billed Apps. Where your App is designated as a Developer-Billed App, you shall be solely responsible for all billing, invoicing, payment collection, refund processing, and related financial administration in respect of your App. Fireberry shall have no role in, and shall bear no liability for, the billing or collection of any fees in connection with Developer-Billed Apps. You shall comply with all applicable laws and regulations governing payment processing, consumer protection, and tax collection in each jurisdiction in which you offer your App.(d) In-App Purchases. Where your App offers premium features, enhanced functionality, add-ons, or upgrades for a fee within the App itself ("In-App Purchases"), you shall: (i) clearly disclose the availability and pricing of In-App Purchases in your App Materials and on the Marketplace listing page; (ii) ensure that the core functionality described in the Marketplace listing is available without requiring an In-App Purchase, unless expressly disclosed otherwise; (iii) comply with all applicable consumer protection laws governing In-App Purchases, including any requirements relating to transparent pricing disclosure, cancellation rights, and refund obligations; and (iv) not engage in any practice designed to mislead Users regarding the scope of free functionality or to compel an In-App Purchase to access functionality that was represented as free. Fireberry does not process, facilitate, or guarantee any In-App Purchases and bears no responsibility for any transaction or dispute arising in connection therewith.
4.3. Settlement Process
(a) For Fireberry-Billed Apps, at the close of each calendar month, or in accordance with such other reporting cadence as Fireberry may designate upon notice, Fireberry shall furnish you with a statement detailing the Net App Revenues collected in respect of your App during the applicable period, which statement may be provisional and subject to later adjustment for refunds, reversals, chargebacks, fraud, processor deductions, withholding, tax corrections, or other permitted adjustments under these Terms. (b) You shall issue an invoice to Fireberry on the basis of such statement, reflecting the following deductions from undisputed collected amounts: (i) the Revenue Share (as defined below), where applicable; (ii) processing, banking, and other transactional costs borne by Fireberry in connection with payment collection on your behalf; (iii) refunds issued; (iv) any amounts deducted pursuant to a specific program in which you participate; and (v) statutory withholding amounts, where required by law. (c) Settlement shall be effected in accordance with payment cycles established by Fireberry (each, a “Payment Cycle”), by transfer to a bank account you designate. Fireberry may adjust the Payment Cycle upon prior notification. You must deliver your invoice no later than fifteen (15) days before a Payment Cycle. (d) Fireberry may withhold, delay, or decline to process any transaction that it reasonably suspects to be fraudulent, unlawful, or in breach of these Terms. Fireberry may further set off any sums you owe to Fireberry against amounts otherwise payable to you. Upon termination of these Terms, Fireberry shall not be required to refund any Revenue Share previously paid or accrued.
4.4. Refund Obligations
You shall maintain a refund policy entitling App Users to a full refund upon cancellation of their license, subscription, or other entitlement within thirty (30) days of the original purchase (the “Refund Period”). Fireberry retains the right, at its sole discretion, to authorize cancellations and to issue refunds to Users in respect of amounts paid, regardless of whether the Refund Period has expired. Where Fireberry issues a refund to a User after having already remitted the corresponding fees to you, Fireberry may recoup such amounts by offset against future payments due to you under these Terms. Where a refund is granted after the Refund Period, Fireberry shall not be obligated to return the Revenue Share already collected.Any failure by you to honor refund obligations applicable under this Section 4.4 within the required timeframe shall constitute a material breach of these Terms and may result in suspension, removal of the App from the Marketplace, set-off, recoupment, or termination.
4.5. Revenue Share
Fireberry may levy a revenue share on the Net App Revenues generated by your Apps (the “Revenue Share”), calculated at a rate determined by Fireberry in its sole discretion (the “Revenue Share Rate”). Fireberry may modify the Revenue Share Rate, the Revenue Share mechanism, or the Revenue Share term, in whole or in part, by providing you with sixty (60) days’ advance written notice. For the purposes of these Terms, “Net App Revenues” means the total gross sums actually received from App Users for the use, deployment, or upgrade of your applicable App, net of any indirect taxes.
4.6. Tax Matters and Currency
You are solely responsible for all taxes, duties, levies, and governmental charges of any description (collectively, “Taxes”) arising in connection with the conduct of your business. Fireberry bears no obligation to determine or remit Taxes applicable to transactions involving your App, except where Fireberry is registered with the relevant tax authority, in which case Fireberry shall collect the applicable Taxes and issue compliant tax documentation to Users. All amounts payable by you to Fireberry are exclusive of any applicable taxes, deductions, or withholdings. Amounts paid by Fireberry to you shall be subject to any applicable withholding obligations. Where an App is priced or transacted in a currency other than the new Israeli Shekel (NIS), Fireberry shall determine the applicable exchange rate at its sole discretion and may deduct any exchange-rate-related costs that it incurs.
4.7. Audit Rights
You shall maintain complete and accurate accounting records in respect of all transactions with Users. Fireberry shall be entitled, no more than once per calendar year (or more frequently where reasonably necessary to protect its legitimate interests), to inspect such records and any supporting documents in your possession or control, for the purpose of verifying amounts due from you to Fireberry. Any inspection shall be conducted at Fireberry’s cost, unless the inspection reveals a discrepancy of five percent (5%) or greater, in which case you shall bear all inspection-related costs and shall promptly remit any outstanding amounts.
5. Use of Fireberry Brand Assets
5.1. Authorized Use
You may use the trademarks, logos, design elements, badges, and other creative assets furnished to you by Fireberry (the “Fireberry Brands”) exclusively for the purpose of displaying, offering, and promoting your App on and through the Marketplace. All such use must conform to the Brand Guidelines that Fireberry may publish and update from time to time at its sole discretion (the “Brand Guidelines”). Any use of Fireberry Brands that falls outside the scope of the Brand Guidelines or these Terms requires Fireberry’s prior written authorization.
5.2. Prohibited Conduct
You shall not: (a) incorporate or embed Fireberry Brands, or any confusingly similar variations thereof, into your business name, logo, branding, advertising, social media profiles, domain names (including top-level domains, sub-domains, and URLs), or App names, without Fireberry’s express written consent; (b) employ Fireberry Brands in any manner that is likely to create a misleading impression of affiliation with, or endorsement by, Fireberry; (c) bid on, target, or otherwise compete with Fireberry Brands in paid marketing channels without Fireberry’s express prior approval; or (d) register, seek to register, or acquire any domain name that incorporates any Fireberry Brand, or any phonetic, visual, or conceptual imitation thereof.
6. User Assistance
6.1. You shall furnish your App Users with support services for your App, at a minimum via email. You shall maintain accurate and current support contact information and shall clearly delineate and publish the scope of the support you offer, both on your App’s Marketplace listing page and on any other App-related web pages accessible to Users.
6.2. You commit to responding to any support request, service ticket, or inquiry from a User or from Fireberry within two (2) business days. Requests that Fireberry or a User designates as urgent shall receive a prompt response.
6.3. You bear exclusive responsibility and liability for the provision of support and ongoing maintenance of your App. Fireberry does not offer support for your App. Persistent failure to furnish timely support may result in the suspension or withdrawal of your App from the Marketplace.
7. Ongoing App Maintenance and Updates
7.1. You are responsible for the continuous maintenance and timely updating of your App. You shall submit App updates on a regular basis to preserve the App’s operational integrity. Where Fireberry reasonably requests that you resolve bugs or address user-reported issues, you shall do so through appropriate App updates.
7.2. No update may materially alter the App’s core characteristics or functionality relative to the version initially reviewed and approved by Fireberry, unless you have provided Fireberry with advance notice of the proposed material changes and submitted such changes for Fireberry’s review prior to deployment.
7.3. Following any update, your App must continue to comply with all applicable standards, specifications, and requirements established by Fireberry, including those set out in the Developer Terms and Fireberry’s developer documentation. You must give App Users advance notice of any update that may affect their use of the App or the fees associated with their subscription. Non-compliance may result in the suspension or withdrawal of your App from the Marketplace.
8. Representations, Warranties, and Covenants
You represent, warrant, and undertake that:8.1. You shall establish and present to your Users App Terms that govern your relationship with them and that comply with all applicable laws, regulations, and regulatory guidance. Such App Terms shall afford Fireberry’s proprietary rights in the API and Developer Materials (as those terms are defined in the Developer Terms) a degree of protection no less rigorous than that afforded under the Developer Terms, including with respect to reverse engineering restrictions, warranty disclaimers, and limitations of liability.8.2. You are of legal capacity and possess the right, power, and authority necessary to enter into these Terms and to perform all obligations contemplated herein.8.3. The identity of the individual or legal entity specified in the App Materials is the true and correct legal name of the App’s developer and owner.8.4. You have secured all rights, licenses, and authorizations required for Fireberry’s exercise of the rights granted under these Terms in connection with the App, and you shall bear sole responsibility for any royalties or other obligations owed to licensors in respect of the App and the App Materials.8.5. Fireberry’s utilization, promotion, listing, or publication of your App and App Materials, and Fireberry’s exercise of any rights conferred under these Terms, will not expose Fireberry to liability, cause Fireberry to infringe any third-party right, or result in any breach of any agreement, source code restriction, or other obligation—including without limitation obligations relating to privacy, intellectual property, and open-source licensing.8.6. You shall not access or utilize Fireberry’s API, Developer Materials, Service, or any User data in any unauthorized manner.8.7. You shall discharge your obligations under these Terms in a professional manner consistent with generally accepted industry standards and practices.8.8. You accept sole responsibility and liability for every facet of your App’s operation, encompassing its development, maintenance, support, security, quality, and compliance with all applicable laws and regulations.8.9. In the event of any suspected or confirmed data access or security event, you shall follow Fireberry’s instructions without delay.8.10. The App Materials provide a complete and accurate depiction of your App’s characteristics and functionality. Material discrepancies may result in corrective action by Fireberry, including suspension or withdrawal of your App.8.11. You shall not publish or distribute any content or material that could be considered defamatory, or that portrays any individual or organization in a negative light, including, without limitation, Fireberry and its Users.8.12. Your App shall conform to all applicable security requirements, including those specified in the Developer Terms, the developer documentation, and the security questionnaire, as each may be updated from time to time.8.13. Your App shall observe all applicable service limitations, including restrictions on service calls, API usage, and Developer Materials usage, as documented in the applicable developer documentation.8.14. Your App complies with applicable accessibility standards, including but not limited to the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA, or such other accessibility standards as may be required under applicable law or as Fireberry may specify from time to time.
9. Intellectual Property Ownership
Fireberry retains exclusive ownership of the Marketplace, the Service, the Fireberry Brands, and all intellectual property rights subsisting therein, and reserves all rights not expressly conferred upon you under these Terms. As between you and Fireberry, you retain all right, title, and interest in your App and in the App Materials that you deliver to Fireberry, with the exception of any Fireberry-owned materials, technologies, or content that are incorporated in, interface with, or are otherwise utilized by your App, which shall remain the sole property of Fireberry.
10. Data Protection and Privacy
10.1. Collection of User Data
You are solely responsible for securing all requisite permissions and consents from App Users in connection with any access to, collection, storage, transmission, use, disclosure, sharing, or other processing of Customer Data or any other data furnished by Users or gathered by you or the App (collectively, “User Data”). Where you and/or your App collect User Data, such collection must serve specified, explicit, and lawful purposes. You must communicate a clear and comprehensive statement to App Users identifying such purposes.
10.2. Data Handling Obligations
You warrant that, absent App Users’ informed consent or a specific mandate under applicable law, you shall not: (a) access User Data except as strictly necessary to deliver the App’s stated functionality or to provide support to App Users; (b) disclose or transfer User Data to any third party; or (c) modify or alter User Data. Fireberry disclaims all liability in connection with User Data that is processed, used, disclosed, or transferred by you or through your App.
10.3. Data Processing Demarcation
Fireberry’s Data Processing Addendum (“DPA”) governs exclusively the processing of personal data that Fireberry carries out in its capacity as a data processor on behalf of its Customers in connection with the Service. The DPA does not extend to, and Fireberry assumes no processor obligations in respect of, any data that is collected, accessed, transmitted, or otherwise processed by you or through your App. You are independently responsible for establishing and maintaining appropriate data processing arrangements with Users and for ensuring that your data processing practices comply with all applicable data protection legislation.If Fireberry reasonably determines, or is required by applicable law or a competent authority to treat you as a sub-processor in respect of any processing of personal data in connection with the Service, you shall, upon Fireberry's request and within the timeframe specified by Fireberry, enter into a written sub-processing agreement on Fireberry's standard terms (including equivalent DPA obligations) as a condition to continued Marketplace listing and access to Customer Data. Fireberry may suspend or disable your App until such agreement is executed. Nothing in this Section shall be construed as an acknowledgment by Fireberry that any sub-processor relationship exists prior to such determination.
10.4. Your Privacy Policy
Your App Terms must include a clear and comprehensive privacy policy addressed to your App Users that describes in detail: the categories of User Data collected; the purposes of collection and processing; any sharing or onward disclosure practices; the jurisdictions in which User Data is stored; and all other information mandated by applicable law. In the event that you modify your privacy policy, you must promptly notify both App Users and Fireberry. Your privacy policy must be submitted as part of the App review process and must comply with all relevant data protection legislation, including, without limitation and where applicable, the Israeli Privacy Protection Law, 5741-1981 and the Protection of Privacy Regulations (Data Security) 5777-2017, the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA) and its amendments, the California Privacy Rights Act (CPRA).
10.5. Responding to User Rights Requests
You shall honor App User requests to access, export, anonymize, rectify, or erase their User Data in accordance with applicable law and within the response periods prescribed by such law.
10.6. Data Deletion Requirements
Upon termination or deprecation of your App, upon termination by an App User, or at the conclusion of the Wind-Down Period, you shall delete all User Data within thirty (30) days, except where continued retention is mandated by law or where you have obtained express, informed, and written consent from the affected Users authorizing a longer retention period. The data deletion obligations established in Section 8 of the Developer Terms shall apply concurrently and without limitation.
10.7. Security Incidents
In the event of any actual, suspected, or reasonably apprehended unauthorized access to, acquisition, use, disclosure, alteration, or destruction of User Data, or any vulnerability or compromise affecting your App, or any event that materially impairs Fireberry’s systems or infrastructure (each, an “Incident”), you shall comply with all instructions issued by Fireberry, including those set forth in Section 8.5 of the Developer Terms. You shall notify Fireberry immediately, and in any event within twenty-four (24) hours, upon becoming aware of any actual or reasonably suspected Incident, and shall cooperate fully with Fireberry in investigating, containing, and remediating the Incident.
10.8. Security Standards
You shall manage and protect all User Data in strict compliance with applicable law and with industry-standard privacy and security practices. You shall implement and maintain appropriate technical, physical, and organizational safeguards, as stipulated in the Developer Terms and in the security requirements set forth in Addendum A thereto.
11. Insurance Requirements
11.1. Throughout the term of these Terms and for a period of twelve (12) months following their termination or expiration, you shall obtain and maintain, at your own expense, insurance coverage that is appropriate and proportionate to the nature, scope, and risks of your operations in connection with the Marketplace and the App. Such coverage shall, at a minimum, address: (a) general commercial liability; (b) professional liability (errors and omissions); and (c) cyber and privacy liability, including coverage for data breaches, network security failures, and claims arising from the unauthorized access to, or loss of, personal data.
11.2. The type, scope, and limits of insurance coverage you maintain shall be commensurate with generally accepted industry standards for businesses of a similar nature and size engaged in comparable activities, and shall be adequate to cover the liabilities and obligations you assume under these Terms.
11.3. Fireberry reserves the right, at any time and from time to time, to request that you furnish certificates of insurance or other reasonable documentary evidence demonstrating that the coverage required under this Section 11 is in force. You shall provide such documentation promptly upon request. Where commercially available, Fireberry may require that it be named as an additional insured under your applicable policies.
11.4. You shall provide Fireberry with no less than thirty (30) days' advance written notice of any material modification, cancellation, or non-renewal of any insurance coverage maintained pursuant to this Section 11.
11.5. The insurance obligations set forth in this Section 11 do not define or limit the extent of your liability under these Terms or otherwise. Failure to obtain or maintain adequate insurance shall constitute a breach of these Terms and may result in the suspension or removal of your App from the Marketplace.
12. Third-Party Disputes
You acknowledge that Fireberry neither participates in, nor bears any obligation to intervene in, disputes that may arise between you and third parties, including other developers or publishers of Apps on the Marketplace. Fireberry is under no duty to take corrective action in respect of Apps or App developers on the basis of your assertions, grievances, or complaints. Where Fireberry receives a third-party claim pertaining to your App and communicates that claim to you, you shall respond directly to the claimant without undue delay.
13. App Removal and Intellectual Property Takedown
13.1. Without prejudice to Fireberry's rights under Section 15 (Duration and Termination), Fireberry reserves the right to immediately remove, disable, or restrict access to any App from the Marketplace, without prior notice to you, where Fireberry reasonably determines that: (a) the App contains malicious code, malware, or functionality designed to damage, interfere with, or gain unauthorized access to systems, networks, or data; (b) the App infringes or is alleged to infringe the intellectual property rights of any third party; (c) the App violates applicable law, the AUP, or any Fireberry policy; (d) the App poses a risk to the security, privacy, or integrity and/or continuity of the Service, the Marketplace, or Users’ data; or (e) removal is otherwise required to protect Fireberry’s legitimate interests or those of its Customers.
13.2. Where Fireberry receives a bona fide notification from a third party alleging that your App or App Materials infringe such third party’s intellectual property rights, Fireberry may, at its sole discretion: (a) suspend or remove the App from the Marketplace pending resolution of the dispute; (b) notify you of the allegation and require you to provide a substantive response within ten (10) business days; and (c) restore the App if you provide Fireberry with a reasoned counter-notification supported by adequate evidence that the allegation is unfounded. Repeated or unresolved infringement allegations may result in the permanent removal of your App and the termination of these Terms.
13.3. No Liability for Removal
You acknowledge and agree that Fireberry shall bear no liability to you or to any third party for the removal, suspension, or restriction of any App pursuant to this Section 13, whether such action is ultimately determined to have been warranted or not.
14. Non-Confidentiality of Submissions; Freedom to Operate and Compete
14.1. Fireberry is engaged in the continuous development of its products and services, both independently and in collaboration with its partners and vendors. Information that you furnish to Fireberry shall not be treated as confidential, and you should not transmit to Fireberry any information that you wish to shield from use or disclosure. The foregoing does not apply to your source code, to the extent that you provide it to Fireberry or that Fireberry obtains access to it in the course of reviewing your App.
14.2. You acknowledge and accept that: (a) Fireberry may independently develop, acquire, license, market, or distribute features, products, or services that are similar to, or competitive with, your App, and your participation in the Marketplace shall not restrict or limit Fireberry’s freedom to do so; (b) Fireberry is under no obligation to limit the number or type of Apps available on the Marketplace, including Apps that may compete with your App; and (c) Fireberry may develop and offer its own Apps with functionality that overlaps or is identical to the functionality provided by your App, and no claim of any nature shall arise from such development or offering. Nothing in these Terms shall be interpreted as conferring upon you any exclusive right to list, offer, or distribute Apps of a particular type or within a particular category on the Marketplace.
15. Duration and Termination
15.1. Effective Date and Duration
These Terms become effective upon the earlier of: (a) your initial submission of an App; or (b) your acceptance of these Terms, and shall remain in force until terminated by either party in accordance with this Section 15.
15.2. Your Right to Terminate
You may terminate these Terms at any time by delivering thirty (30) days’ advance written notice to Fireberry.
15.3. Fireberry’s Right to Terminate
Fireberry may terminate these Terms at its sole discretion: (a) for any reason, upon thirty (30) days’ written notice to you; or (b) with immediate effect, if Fireberry determines that you have breached any provision of these Terms or any other agreement between you and Fireberry, or that your App poses a risk to the legitimate interests of Fireberry or its Customers.
15.4. Right to Suspend
Fireberry may, in its sole discretion and without advance notice, suspend: (a) your App’s access to, and presence on, the Marketplace, the API, and the Service; (b) all licenses and permissions conferred under these Terms; or (c) any other aspect of its relationship with you. Any suspension may be made permanent and may culminate in termination.
15.5. Effect of Termination
Upon termination, except to the extent necessary to sustain the App for existing Users during the Wind-Down Period (as defined in Section 20), all licenses, rights, and permissions conferred under these Terms shall immediately cease. The following Sections shall survive termination and the Wind-Down Period: Sections 1.2 and 1.3 (License and Post-Termination License Continuation), 4 (Commercial Terms), 6 (User Assistance), 8 (Representations, Warranties, and Covenants), 9 (Intellectual Property Ownership), 10 (Data Protection and Privacy), 11 (Insurance Requirements), 12 (Third-Party Disputes), 13 (App Removal and IP Takedown), 16 (Liability Cap), 17 (Indemnification Obligation), 18 (Confidentiality Obligations), and 21 (Additional Provisions). All applicable provisions shall remain operative throughout the Wind-Down Period.
16. Liability Cap
16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN RESPECT OF A BREACH OF YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 17, A BREACH OF SECTION 8 (REPRESENTATIONS, WARRANTIES, AND COVENANTS), OR A BREACH OF SECTION 18 (CONFIDENTIALITY OBLIGATIONS), NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF DATA, BUSINESS DISRUPTION, OR LOSS OF PROFITS, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE MARKETPLACE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS FOUNDED AND IRRESPECTIVE OF WHETHER SUCH PARTY WAS ADVISED OF OR FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR LOSS. THESE LIMITATIONS SHALL SURVIVE AND REMAIN ENFORCEABLE NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN.
16.2. WITHOUT DEROGATING FROM SECTION 16.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREBERRY'S MAXIMUM AGGREGATE CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKETPLACE SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL SUCH CLAIMS: (A) WITH RESPECT TO DIRECT DAMAGES ARISING FROM FIREBERRY-BILLED APPS, THE TOTAL AMOUNT OF REVENUE SHARE RETAINED BY FIREBERRY (IF ANY) IN RESPECT OF THE APPLICABLE APP(S) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM; AND (B) WITH RESPECT TO ALL OTHER DIRECT DAMAGES, INCLUDING THOSE ARISING FROM DEVELOPER-BILLED APPS, IN-APP PURCHASES, OR NON-PAID APPS, ONE HUNDRED UNITED STATES DOLLARS (US $100). THE FOREGOING CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE, AND SHALL NOT BE MULTIPLIED BY THE NUMBER OF CLAIMS, INCIDENTS, OR APPS.
16.3. THE LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS SET FORTH IN THIS SECTION 16 APPLY TO ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MARKETPLACE, AND ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY LIMITATIONS, DISCLAIMERS, OR EXCLUSIONS CONTAINED IN THE TERMS OF SERVICE AND THE DEVELOPER TERMS. TO THE EXTENT OF ANY CONFLICT, INCONSISTENCY, OR AMBIGUITY BETWEEN THESE SECTION 16 AND THE DEVELOPER TERMS AND/OR THE TERMS OF SERVICE, WITH RESPECT TO LIMITATIONS, DISCLAIMERS, OR EXCLUSIONS OF LIABILITY, THE PROVISION(S) THAT LIMIT OR EXCLUDE FIREBERRY'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW SHALL PREVAIL.
17. Indemnification Obligation
17.1. You undertake to defend, indemnify, and hold harmless Fireberry and its officers, directors, employees, affiliates, and agents against any and all liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising from or in connection with any third-party claim, suit, or proceeding brought against Fireberry (each, a “Claim”) that arises from, or related to: (a) your App, your App Materials, or your engagement with the Marketplace or any service provided by Fireberry under these Terms; (b) any alleged infringement, misappropriation, or violation of any third-party right, including intellectual property and data privacy rights; (c) any breach by you of these Terms or of your representations and warranties hereunder; (d) any failure by you to fulfill your Wind-Down Period obligations; or (e) any Incident attributable to you or your App. Upon becoming aware of a Claim, Fireberry shall give you written notice and afford you the opportunity to assume conduct of the defense and any settlement thereof, subject to Fireberry’s right to retain independent counsel at its own expense to participate in the defense and settlement proceedings.
17.2. Relationship to Terms of Service and Developer Terms
The indemnification obligations set forth in this Section 17 apply solely to matters arising under or in connection with the Marketplace and are in addition to, and do not limit or otherwise derogate from, any indemnification obligations set forth in the Terms of Service or the Developer Terms. To the extent of any direct conflict between this Section 17 and the Terms of Service and/or the Developer Terms with respect to the same Marketplace-specific subject matter, this Section 17 shall govern solely for that Marketplace-specific subject matter.
18. Confidentiality Obligations
18.1. Confidential Information (as defined below) that Fireberry discloses to you in connection with your engagement with the Marketplace, your submission of an App, or your broader relationship with Fireberry relating to the Marketplace, shall be used by you exclusively for the purpose of performing your obligations under these Terms or delivering your App and associated services to Users. You shall maintain such Confidential Information in strict confidence and shall restrict access to those members of your personnel who have a demonstrable need to access such information in order to perform under these Terms.
18.2. “Confidential Information” of Fireberry means any proprietary or non-public business, marketing, technical, or personal information that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure, including without limitation: (a) information relating to the Marketplace, the Service, or Users; (b) information pertaining to Apps listed on the Marketplace; (c) User contact details and usage analytics; and (d) technical specifications and product roadmaps. Confidential Information shall exclude information that: (i) is or becomes publicly available through no act or omission of yours; (ii) was legitimately in your possession prior to its disclosure by Fireberry; or (iii) is lawfully received from a third party that is not subject to a confidentiality obligation to Fireberry.
18.3. You recognize that the unauthorized use or disclosure of Confidential Information is likely to cause irreparable harm to Fireberry. Fireberry shall accordingly be entitled to seek injunctive or other equitable relief in respect of any actual or threatened breach of this Section 18, in addition to all other remedies available at law or in equity.
18.4. Upon Fireberry’s written request, you shall promptly delete or destroy all Confidential Information in your possession and shall furnish Fireberry with written confirmation that you have done so.
18.5. Fireberry shall treat as confidential any information that you provide to Fireberry and that you designate in writing as confidential at the time of disclosure, subject to the carve-outs established in Section 14.1 above.
19. Warranty Disclaimer
THE MARKETPLACE, THE SERVICE, AND ALL ASSOCIATED FEATURES AND FUNCTIONALITIES ARE FURNISHED ON A STRICTLY “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT GUARANTEE OF ANY DESCRIPTION. FIREBERRY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIED PURPOSE, TITLE, AND NON-INFRINGEMENT, IN EACH CASE AS THEY RELATE TO THE MARKETPLACE OR ANY FUNCTIONALITY OR SERVICE DELIVERED IN CONNECTION THEREWITH.
20. App Deprecation, Wind-Down, and Beta Apps
20.1. Wind-Down Period
All active User licenses and subscriptions, together with any associated support and maintenance obligations, shall continue in effect following the termination or expiration of these Terms for the balance of each User’s then-current subscription term (the “Wind-Down Period”). Throughout the Wind-Down Period, you shall maintain the infrastructure and support necessary to ensure uninterrupted access to, and usability of, the App. You shall continue to make the App accessible for use, download, re-download, and reinstallation by existing App Users for the remainder of their subscription terms. Fireberry reserves the right, in its sole discretion, to waive the Wind-Down Period, in which case you shall comply promptly with any directives that Fireberry issues regarding the cessation of App availability and User support.
20.2. Consequences of Non-Compliance
Should you fail to discharge your Wind-Down Period obligations, or should Users be unable to access the App or receive related services during their subscription period, you shall be liable to issue refunds to affected Users, calculated on no less than a pro-rata basis for the unexpired portion of each User’s subscription. Fireberry may issue such refunds directly and recoup the corresponding amounts from any sums otherwise payable to you. You shall further indemnify and hold Fireberry harmless against all Claims, damages, and losses arising from your failure to comply with this Section 20.
20.3. User Notification
In the event of the termination or deprecation of your App, you shall promptly notify your App Users of such termination or deprecation. You bear sole responsibility for informing App Users of Fireberry’s right to discontinue the App at any time, with or without advance notice.
20.4. Beta and Preview Apps
Where your App is designated as a Beta App (as defined in the Marketplace Terms of Service), the following additional terms will apply: (a) Fireberry may require that you clearly label the App as “beta”, “preview”, or “early access” in the App Materials and on the Marketplace listing page; (b) Fireberry may withdraw a Beta App from the Marketplace at any time without triggering the Wind-Down Period or any refund or compensation obligation; and (c) the enhanced disclaimers and exclusions applicable to Beta Apps under the Marketplace Terms of Service shall apply in addition to, and without limitation of, the disclaimers and exclusions in these Terms.
21. Partner Programs
21.1. Fireberry may maintain various partner programs that may extend benefits, certifications, or recognition based on your eligibility and program tier (respectively, “App Programs”, “Program Tiers”, and “Program Benefits”), as further described in Fireberry’s program documentation accessible at www.fireberry.com/partners (when applicable). Eligibility for any App Program is determined by Fireberry in its sole discretion, and Fireberry reserves the right to modify eligibility criteria and to introduce additional requirements at any time, including by changing or terminating any Program Tier or Program Benefit.
21.2. Certain App Programs may be governed by supplemental terms specific to that program. By enrolling in, activating, or engaging with any such App Program, you acknowledge that such supplemental terms are binding upon you and govern your participation.
21.3. You represent and warrant that all information submitted to Fireberry in connection with your participation in an App Program is accurate and complete. Fireberry may share such information with end users and third parties as necessary in connection with the administration of the App Programs and the Marketplace.
21.4. Participation in an App Program may entitle you to receive badges, certifications, or related marketing assets (“Program Assets”). Your use of Program Assets must comply with the accompanying guidelines. Fireberry may revoke, downgrade, or withdraw any App Program certification, badge, or recognition at any time. Fireberry may rebrand, restructure, or discontinue any App Program, Program Benefits, or Program Assets at any time.
21.5. Fireberry may modify, suspend, or discontinue any App Program, Program Tier, Program Benefit, or Program Asset at any time, in whole or in part, in its sole discretion, with or without notice, and without liability to you.
22. Additional Provisions
22.1. Applicable Law and Forum
These Terms, and any cause of action arising hereunder, shall be governed by and construed in accordance with the substantive laws of the State of Israel, without reference to its conflict-of-laws principles. The competent courts situated in Tel Aviv-Jaffa, Israel, shall have sole and exclusive jurisdiction over any controversy or claim arising out of or relating to these Terms. Both parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
22.2. Amendments
Fireberry may amend these Terms at any time in its sole discretion. Notification of amendments shall be considered duly given when communicated by email to the address you have provided to Fireberry, or when an amended version or change notice is published on the Fireberry website. Where any amendment is unacceptable to you, your sole recourse shall be to terminate these Terms in accordance with Section 15. Your continued engagement with the Marketplace following receipt of such notification shall constitute acceptance of the amended Terms.
22.3. Entire Agreement
These Terms, together with the Terms of Service, the Developer Terms, the Privacy Policy, and the AUP, represent the complete and exclusive understanding between you and Fireberry with respect to the matters addressed herein and supersede all prior or contemporaneous representations, negotiations, and agreements, whether oral or written. To the extent of any inconsistency between these Terms and the Developer Terms in relation to the specific matters addressed herein, these Terms shall prevail.
22.4. Severability
Should any provision of these Terms be adjudged by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such provision shall be reformed to the minimum extent necessary to render it enforceable in a manner that most closely reflects the original intent of the parties, and all remaining provisions shall continue in full force and effect.
22.5. Assignment
You shall not assign, delegate, or otherwise transfer any rights or obligations arising under these Terms without Fireberry’s prior written consent. Fireberry may freely assign its rights and obligations hereunder without notice to or consent from you. Subject to the foregoing, these Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
22.6. Preservation of Rights
The failure or delay of either party to exercise or enforce any right under these Terms shall not constitute a waiver of that right. A waiver shall be effective only if embodied in a written instrument executed by a duly authorized representative of the waiving party.
22.7. Independent Parties
Nothing in these Terms shall be construed as establishing any partnership, franchise, joint venture, agency, fiduciary relationship, or employment relationship between you and Fireberry. Each party operates as an independent contractor.
22.8. No Third-Party Rights
Save as expressly provided herein, nothing in these Terms is intended to confer any benefit, right, or remedy upon any person or entity other than the parties hereto.
22.9. Force Majeure
Neither party shall incur liability for any failure or delay in discharging its obligations hereunder (other than payment obligations) where such failure or delay results from circumstances beyond its reasonable control, including without limitation denial-of-service attacks, Internet or utility service failures, deficiencies in third-party hosting infrastructure, labor disputes, shortages, civil unrest, fire, natural disasters, armed conflict, pandemics, acts of terrorism, and governmental action.
22.10. Prevailing Language
These Terms are drafted in English. Where a translated version is made available, and any discrepancy arises between the translated text and the English original, the English version shall control.
22.11. Notices
Fireberry shall deliver notices to you using the contact information on file. A notice shall be deemed effective upon the earlier of: (i) actual receipt; or (ii) the expiry of twenty-four (24) hours following dispatch. Notices to Fireberry should be addressed to Fireberry Ltd. at legal@fireberry.com, or dispatched by post to Post Office Box 120, Tel-Aviv 6100002, Israel, and shall be deemed delivered only upon Fireberry’s written acknowledgment of receipt.
22.12. Survival
The provisions identified in Section 15.5 and all other provisions that by their nature or purpose are intended to endure beyond termination shall survive the termination or expiration of these Terms.
Fireberry Ltd.Last Updated: 30.4.26