Developer Terms and Conditions
Explore the Fireberry Developer Terms and Conditions for guidelines on using our CRM API and resources. Learn about data protection & compliance requirements.Greetings, and welcome to our Developer Terms and Conditions. These terms, in conjunction with any other terms and policies mentioned and incorporated by reference herein, subject to potential amendments over time (collectively referred to herein as the "Terms"), constitute a legally binding agreement effective as of the Effective Date (as defined below). These Terms govern your access to and usage of our application program interfaces, software, or accompanying documentation or materials (collectively referred to herein as the "API"), as well as our development kits, developer tools, software, and accompanying documentation and materials (collectively referred to herein as the "Developer Materials"). We strongly recommend you thoroughly review these Terms before accessing or using the API or downloading, installing, or using the Developer Materials.
These Terms are between Fireberry Ltd ("Fireberry" "us", "we", or "our") and you, whether individually or on behalf of your employer or any other entity you represent ("you" or "your"). In case you are representing your employer or another entity, you hereby affirm that: (a) you possess full legal authority to legally bind your employer or the applicable entity (as applicable) to these Terms, and (b) you have thoroughly read and understood these Terms, and you consent to them on behalf of your employer or the respective entity (as applicable), thereby legally binding your employer or said entity (as the case may be) to these Terms.YOU HEREBY ACKNOWLEDGE AND RECOGNIZE THAT THESE TERMS ARE LEGALLY BINDING, AND YOU CONFIRM AND EXPRESS YOUR CONSENT TO THESE TERMS BY EITHER: (I) ACCESSING OR UTILIZING THE API AND DOWNLOADING, INSTALLING, OR USING THE DEVELOPER MATERIALS; OR (II) EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS; OR (III) SELECTING AN ACCEPTANCE BUTTON OR CHECKING A CHECKBOX TO INDICATE YOUR ACCEPTANCE OF THESE TERMS, WHICHEVER OCCURS FIRST (THE "EFFECTIVE DATE"). IF YOU DO NOT CONSENT TO ABIDE BY AND BE LEGALLY BOUND BY THESE TERMS, OR IF YOU LACK THE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE REFRAIN FROM ACCEPTING THESE TERMS OR UTILIZING THE API AND DEVELOPER MATERIALS.
1. Definitions
1.1. "Developer Account" means a Fireberry Developer Account.
1.2. "Service(s)" shall have the same meaning as defined in the Fireberry Terms of Service.
1.3. "Developer Solution" means your website, website asset, software application, product, service, software module, template, connected service, integration, and/or anything you create using the Developer Materials and/or our API.
1.4. "Customer Data" shall have the same meaning as defined in the Fireberry Terms of Service.
1.5. "Fireberry Customer" or "Customer" shall have the same meaning as defined in the Fireberry Terms of Service.
2. Developer Registration and Documentation
2.1. Registration
To access and use our Developer Materials, you must sign up for a Developer Account with Fireberry. Registration is done by submitting the dedicated application form accessible via Fireberry's website at www.fireberry.com/partner/become-a-partner (the "Application Form"). Once approved, the use of Fireberry Developer Account shall be subject to Fireberry's Terms of Service. Additionally, you are responsible for ensuring that the Application Form is completed with precise, truthful, comprehensive, and current information.
2.2. Application Review
Fireberry will review the submitted Application Form and communicate its decision regarding the acceptance or rejection of the application within approximately 60 business days from the last communication between Fireberry and you about the Application Form. If Fireberry does not make a decision within the specified 60-day period, the Application Form will be considered rejected. To avoid any doubt, if you do not receive written confirmation explicitly approving your Application Form from Fireberry, you will not be permitted to use our Developer Materials; however, you will still be entitled to use our API subject to your adherence to these Terms.
2.3. Documentation
You must keep the information you provide to Fireberry accurate and up-to-date at all times. Any information you provide will be subject to our Privacy Policy. We may use the information you provide to contact you about our relevant content, products, services, and information about changes to the Developer Materials and API. You may unsubscribe from these communications at any time.
3. Restricted Permission to Use API and Developer Materials
3.1. API License
Subject to your compliance with the Terms, Fireberry hereby grants you a limited, non-transferable, non-exclusive, revocable, royalty-free license, excluding sublicensing rights, to utilize the API for developing, implementing, integrating, and interfacing your Developer Solution with the Fireberry Services. This API license is provided to enable the distribution of your Developer Solution to end users who are also customers of the Fireberry Service.
3.2. Developer Materials License
Fireberry shall grant you a restricted, non-transferable, non-exclusive, revocable, royalty-free license, excluding sublicensing rights, to access and use the Developer Materials, subject to the following conditions: (a) you must comply with the Terms; (b) you shall not download, install, or sublicense the Developer Materials; and (c) you shall use the Developer Materials solely for the purpose of creating and maintaining your Developer Solution.
3.3. General License Restrictions
Unless explicitly authorized under these Terms, you are prohibited from: (a) using the results, usage statistics, data, or information (whether in the aggregate or otherwise) derived from your use or your Developer Solution's use of the API, Developer Materials, or Services (collectively referred to herein as "Services Data") unless it is used for your legitimate and lawful internal business purposes; (b) providing access to the functionality of the API or Developer Materials to any third party, including but not limited to hosting, application services provision, service bureau arrangements, or any other similar services; (c) utilizing, reproducing, altering, displaying, distributing, transferring, or sublicensing any part of the API or Developer Materials; and (d) utilizing the Fireberry name, trademarks, logos, anything confusingly similar, or anything that may imply false endorsement by Fireberry. This prohibition extends to the association of such elements with any Developer Solution created by you, or in a manner that suggests endorsement, sponsorship, or false association with Fireberry.
You hereby acknowledge and consent that certain components of the API, Developer Materials, and Services, which encompass but are not limited to, the source code, specific design, and structure of individual modules or programs, constitute or contain trade secrets and proprietary information belonging to Fireberry and its licensors. Consequently, you undertake: (i) not to engage in any disassembly, decompilation, or reverse engineering of the API, Developer Materials, or Services, whether in whole or in part, and not permit or authorize any third party to undertake such actions, except in cases where such activities are explicitly allowed by mandatory law, overriding this prohibition; and (ii) to fully comply with all Israeli and U.S. export laws, as well as any other pertinent export laws and regulations, ensuring that neither the API, Developer Materials, Services, any associated technical data, nor any direct product thereof are exported or re-exported, directly or indirectly, in contravention of these laws and regulations or used for purposes prohibited by them.
4. Requirements for Developer Solution Compatibility and Usage
To ensure access to the API and Services, each Developer Solution must maintain full compatibility with the API. This entails the following: (a) the integration of all functionalities identified as critical by Fireberry; (b) the implementation of all updates provided by Fireberry related to the Developer Materials and API; and (c) support for any standards, including encryption standards, specified by Fireberry.You are obliged to comply with any limitations on access, calls, or the use of the API, Developer Materials, and Services set by Fireberry ("Service Limits"). Any attempt to circumvent these Service Limits without obtaining separate prior written consent from Fireberry is strictly prohibited.Furthermore, the use of the API or Services for purposes such as monitoring availability, performance, functionality, or any form of benchmarking or competitive analysis is expressly forbidden.
5. Support, Updates and Changes
Fireberry reserves the right but is not obligated, to maintain, support, modify, update, discontinue, or provide error corrections for the API or Developer Materials. Any updates or maintenance release for the API or Developer Materials will be governed by the terms and conditions specified in these Terms unless a separate license is obtained from Fireberry for that specific update or release, expressly superseding the terms outlined in these Terms.To avoid any doubt, Fireberry may enforce Service Limits on the Developer Materials and API at Fireberry's discretion and may change the Service Limits at any time by modifying the Developer Materials usage guidelines and/or API guidelines published on www.fireberry.com/developers. Fireberry will make reasonable efforts to inform you before implementing changes to these Service Limits; however, Fireberry may not always be able to do so.
6. Developer Solution
6.1. End User Agreement
You must obtain express permission from each Fireberry Customer or any end-user before they use your Developer Solution. Any use of your Developer Solution, either by a Fireberry customer or any end-user, must be under the terms of a user agreement ("User Agreement") and a privacy policy ("Your Privacy Policy") applicable to your Developer Solution. Your User Agreement and Privacy Policy must be presented to users before they download or access your Developer Solution. You commit to ensuring that both the User Agreement and Your Privacy Policy comply with all applicable laws. Additionally, you undertake to obtain and maintain all necessary consents and permissions concerning the collection, use, storage, and sharing of data presented in a clear, understandable, and accurate manner. You agree that each User Agreement and Your Privacy Policy will provide at least the same level of protection to Fireberry's proprietary rights in the API and Developer Materials as outlined in the Terms. Such measures of protection shall include, but are not limited to, provisions benefiting Fireberry related to (i) restrictions on reverse engineering (to the maximum extent allowed by applicable law); (ii) disclaimers of warranties; and (iii) limitation of liability.
6.2. End User's Consent to Collect Data
You are required to obtain explicit consent from the end user before collecting, using, posting, or sharing any Customer Data obtained through the API on behalf of an end user. To avoid any doubt, the mere authorization of your Developer Solution or its use by the end user does not constitute consent. Under no circumstances should you or the Developer Solution engage in any transmission, storage, access, or other use of Customer Data outside the scope of what the end-user has explicitly consented to.
6.3. Third-Party Policies and Obligations
Regarding any third-party "open source" software or other third-party intellectual property incorporated into any Developer Solution ("Third Party Code"): (i) You shall fully comply with the terms and conditions governing such Third Party Code, including, but not limited to, displaying any attributions, copyright information, and other notices, terms, and conditions required to be provided to end users based on your use of such Third Party Code; and (ii) You shall use only Third Party Code that does not impose any obligations on or affect Fireberry, the end users, or any aspect of our Services (including our Marketplace) and related intellectual property, in the ordinary use and exploitation of your Developer Solution (as indicated in any terms applicable between you and Fireberry).
7. Acceptable Use
Accessing or utilizing the API, Developer Materials, or Services for unlawful purposes, not explicitly authorized herein, or in any way conflicting with these Terms, is strictly prohibited. Furthermore, you commit that you and/or your Developer Solutions will not: (i) use Third-Party Code that imposes obligations on Fireberry or impacts Fireberry, end users, or any facet of our Services and associated intellectual property while using or operating your Developer Solution; (ii) collect or retain any personally identifiable information from other users of the Services without their explicit consent; (iii) violate any applicable law or regulation; (iv) gain entry to, interfere with, or utilize non-public sections of the Services, Fireberry's computer infrastructure, or the technical distribution systems of Fireberry's service providers; (v) evade, circumvent, disable, impair, dismantle, decrypt, or otherwise bypass any technological safeguard instituted by Fireberry, its providers, or any third party (including other users) to protect the Services; (vi) utilize, display, replicate, or frame the Services or any distinct component of the Services without the explicit written consent of Fireberry; (vii) attempt to scan, probe, or test the vulnerability of any Fireberry system or network or breach any security or authentication measures; and (viii) include any content that: (a) is fraudulent, false, misleading, or deceptive; (b) is defamatory, obscene, pornographic, vulgar, or offensive, nor should it promote discrimination, bigotry, racism, hatred, harassment, violence, or illegal activities; (c) infringes, misappropriates, or violates the intellectual property rights of a third party, including patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, or rights of privacy; (d) violates or encourages behavior violating any applicable law or regulation, resulting in civil liability; or (e) promotes illegal or harmful activities or substances, including but not limited to activities involving fraud, hacking, piracy, substance abuse, or any other unlawful or hazardous conduct.
8. Data Protection
All data, content, Customer Data, or information obtained or collected under provision 8.1 herein shall be collectively referred to herein as "End User Data".
8.1. Data collection
In connection with your use of the API, we may provide you access to data or information (including personal data) associated with your Developer Solutions. Additionally, you may collect further details, content, Customer Data, or any other information from end users who have installed your Developer Solutions. This data collection may take place during the Developer Solution's performance, interaction, or by gathering information from end users while they utilize the Developer Solution or for any other legitimate purpose, potentially including personal data.
8.2. End User Data
You commit to: (a) handling, storing, transmitting, utilizing, or otherwise processing the End User Data solely in compliance with these Terms, your Privacy Policy, the User Agreement(s) established with individual end users, and all applicable laws, rules, regulations, orders, and additional mandates from governmental agencies (collectively referred to herein as the "Laws") and; (b) utilize, process, share, transfer, and restrict the data gathered from API calls as End User Data strictly within the parameters explicitly authorized by the end-user or as deemed necessary and lawfully authorized for the enhancement and provision of your Developer Solution's functionalities. This usage must align with the specifications outlined in Your Privacy Policy and/or any other data protection agreement established with the end user, governing the collection and utilization of the End User Data; and (c) adhere to all data subject rights of the end users, including, but not limited to, the rights regarding deletion, revocation, and review of the End User Data. FIREBERRY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR THE PROCESSING, UTILIZATION, SHARING, OR TRANSFER OF THE END USER DATA CONDUCTED BY YOU OR YOUR DEVELOPER SOLUTION.
8.3. Security Compliance
You are required to manage and safeguard all End User Data in compliance with: (a) all applicable Laws, and (b) privacy and security protocols to maintain its confidentiality and safety. Additionally, you commit to deploying suitable technical, physical, and organizational safeguards that are designed to; (i) meet or exceed industry standards with respect to the sensitivity of the data you are accessing or providing; (ii) ensure a level of security appropriate for your processing activities; and (iii) prevent unauthorized access, use, processing, storage, destruction, loss, alteration, disclosure of End User Data. Furthermore, you must adhere to the security stipulations outlined in the enclosed Addendum A and any additional requirements communicated by Fireberry.
8.4. Data Deletion
Upon de-authorization, deactivation, uninstallation, or termination of a Developer Solution by us or an end user, you are obliged to either: (a) permanently erase all End User Data and any associated metadata gathered, transmitted, created, or received by the Developer Solution within 10 days; or (b) Secure express, written consent from the end user for retaining End User Data beyond 10 days, ensuring such consent is unequivocal and explicit.Should you opt to retain End User Data, it must be upheld in accordance with Your Privacy Policy and the User Agreement with the end user, alongside maintaining any security measures employed during collection. End User Data should be promptly deleted upon an end user's withdrawal of consent for data collection and usage.
8.5. Security Incidents
In the event of any actual, suspected, or alleged incidents, such as: (a) security vulnerabilities or compromises of a Developer Solution, (b) unauthorized access, acquisition, use, disclosure, modification, loss, or destruction of End User Data, whether accidental or intentional, or (c) any issue substantially impairing Fireberry's systems or networks (collectively referred to herein as an "Incident"), you are required to promptly inform Fireberry within 24 hours of first becoming aware of the Incident, preceding any communication with the end users.Upon request, you must provide Fireberry with additional details and immediate support concerning the Incident, including its potential impact on Fireberry and the end users. You are also obliged, at your own expense, to investigate and address any Incident in accordance with all relevant Laws and contractual commitments, which include notification obligations. Furthermore, you agree to fully indemnify Fireberry for any expenses, costs, or damages that Fireberry might incur due to such an Incident.
9. Feedback and Branding
9.1. Feedback
While using our API, Developer Materials, and Services, you and/or your end users may provide us with recommendations, suggestions, enhancement requests, comments, or other feedback concerning the Fireberry Services, API, and Developer Materials (collectively referred to herein as "feedback"). By doing so, you and/or your end users acknowledge and agree that any such Feedback becomes the sole property of Fireberry, and we are entitled to use or reject, either in part or in full, any such feedback without limitation or restriction.When providing Fireberry with feedback, you hereby assert and confirm that such feedback: (a) is accurate and complete; (b) does not infringe upon any third-party rights; (c) does not grant you any rights; and (d) explicitly and irrevocably waives any and all claims relating to such feedback.To remove any uncertainty, such feedback will not be considered confidential Information as defined in these Terms, and Fireberry will have the right to use such feedback without limitation or restriction.
9.2. Branding
Throughout the duration of these Terms, you are permitted to use our logos, trademarks, service marks, and trade names (collectively referred to herein as "Brand Features") for the following purposes only: (i) exclusive utilization of our Brand Features in association with your Developer Solution; (ii) strict adherence to the provided Brand Features without making any alterations; and (iii) prompt compliance with our request to cease your use of our Brand Features. You are strictly prohibited from: (i) using our Brand Features misleadingly or disparagingly; (ii) implying our endorsement, sponsorship, or approval of your services or products unless explicitly authorized by Fireberry in writing or in another agreement; or (iii) utilizing our Brand Features in violation of applicable laws or in connection with material concerning an obscene, indecent, or unlawful subject. For further guidance on our Brand Features, please refer to our guidelines, which are available here.Throughout the term of these Terms, you shall provide us with all requisite rights to generate and circulate incidental depictions, such as screenshots, videos, or other content from your Developer Solution. Additionally, you authorize us to utilize your company or product names and logos for promotional, marketing, and demonstration purposes of your Developer Solution in connection with Fireberry Services.
10. Ownership rights
Accessing and using the Developer Material and API does not grant you ownership rights regarding the Developer Material, API, Customer Data, our intellectual property (including, but not limited to, our Brand Features), Sites, or Services.All ownership rights to the Developer Material, API, Customer Data, our intellectual property (including, but not limited to, our Brand Features), Sites, and Services shall always remain with Fireberry.Fireberry shall reserve all rights not expressly granted to you within these Terms.
11. Term and Termination
11.1. Term
The Terms shall remain in effect from the Effective Date until their termination as detailed in Section 11 herein.
11.2. Developer's Termination Notice
You have the right to terminate the Terms by providing notice of such termination to Fireberry at any time.
11.3. Fireberry's Termination Notice
Fireberry retains the authority, at its sole discretion, to terminate these Terms or any licenses or permissions granted herein by issuing you a notice of such termination within a period of thirty (30) days.In the event of your breach of any term or condition outlined in these Terms, Fireberry reserves the sole discretion, without prior notice, to: (a) immediately revoke all licenses or permissions granted herein; (b) immediately suspend your Developer Account and your Developer Solution’s access to the API, Developer Materials, or Services; and/or (c) immediately terminate these Terms.
11.4. Effect of Termination
Following termination: (i) all licenses or permissions granted to you herein will cease and shall become void; (ii) you must discontinue your Developer Solution’s access to and use of the API, Developer Materials, and Services; and (iii) within fifteen (15) days of receiving the termination notice, you are required to delete all copies of the API, Developer Materials, Services Data, and any Confidential Information belonging to Fireberry.
12. Indemnity
You hereby agree to indemnify, defend, and hold Fireberry, its employees, its affiliates, and agents harmless against any liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) incurred due to any third-party claim, action, or proceeding (collectively referred to herein as a "Claim") arising from your Developer Solution or the utilization of the API, Developer Materials, and/or Services. This includes, but is not limited to, any alleged infringement, violation, or misappropriation of any third-party rights (such as intellectual property rights and privacy rights) or your breach of these Terms.Upon receipt of such a Claim, Fireberry shall provide written notice to you and allow you to assume control over the defense and/or settlement of the Claim, provided that Fireberry shall retain the right to engage legal counsel, at its own expense, to participate in the defense and resolution of the Claim.
13. Warranties and Limitation of Liability
13.1. Warranty Disclaimer
THE API, DEVELOPER MATERIALS, SITES, AND OUR SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY. FIREBERRY, ITS AFFILIATES, AND AGENTS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS INCLUDES ANY WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALINGS OR USAGE OF TRADE PERTAINING TO THE API, DEVELOPER MATERIALS, SITES AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, RECEIVED FROM ELSEWHERE, SHALL ESTABLISH ANY WARRANTY OR CONDITION NOT EXPLICITLY STATED IN THESE TERMS.
13.2. Limitation of Liability
FIREBERRY’S AGGREGATE LIABILITY TO YOU ARISING FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY IN ACCORDANCE WITH THESE TERMS WILL BE CAPPED AND SHALL NOT EXCEED 100 DOLLARS (ONE HUNDRED DOLLARS). UNDER NO CIRCUMSTANCES SHALL FIREBERRY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS RESULTING FROM OR IN CONNECTION WITH THESE TERMS, OR THE UTILIZATION, ACCURACY, OR PERFORMANCE OF THE API, DEVELOPER MATERIALS, SITES AND/OR SERVICES. THIS APPLIES EVEN IF SUCH LIABILITY ARISES FROM A CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE AFOREMENTIONED LIMITATIONS WILL REMAIN IN EFFECT AND APPLY EVEN IF ANY LIMITED REMEDY STIPULATED IN THESE TERMS IS DEEMED TO HAVE FAILED IN ITS FUNDAMENTAL OBJECTIVE.
14. Confidentiality
The API and Developer Materials, encompassing but are not limited to, formulas, prototypes, computer programs, records, data, concepts, methods, techniques, processes, projections, plans, marketing information, materials, financial statements, memoranda, analyses, notes, legal documents, personally identifiable information (PII), protected health information (PHI), and any other data in any form, alongside enhancements, expertise, intellectual property, and patents (whether pending or duly registered) pertinent to Fireberry's business (collectively referred to herein as "Confidential Information"), are regarded as the confidential property of Fireberry. You agree to refrain from utilizing the API and Developer Materials unless expressly authorized herein and solely for the purpose of exercising your rights under these Terms.Unless explicitly authorized under those Terms, you are prohibited from disclosing Fireberry’s Confidential Information to any third party. Nevertheless, you may disclose Fireberry’s Confidential Information to your employees and subcontractors who necessitate such information to fulfill obligations under these Terms. Such disclosure is permissible under the condition that each of these employees or subcontractors is bound by a written agreement enforcing usage and disclosure constraints at least as stringent as those set forth herein.You commit to exerting all reasonable efforts to maintain the confidentiality of Fireberry’s Confidential Information, employing measures no less rigorous than the strictest of the following: (i) industry standards; or (ii) those measures typically applied to safeguard your own proprietary information of comparable importance.
15. General
15.1. Entire Agreement
These Terms, encompassing referenced policies, guides, and appendices attached herein, serve as the comprehensive agreement overseeing the use and access to the Developer Materials and API. They supersede all preceding proposals and agreements—whether electronic, oral, or written—between you and us. We object to and refute any additional or differing terms proposed by you, including those within your purchase order, acceptance, or website.
15.2. Severability
These Terms will be enforced to the fullest extent permitted under applicable law. In the event that any provision of these Terms is deemed by a court of competent jurisdiction to be contrary to law, the court will modify the provision to achieve the original objective to the fullest extent allowed by law. The remaining provisions of these Terms will remain in effect.
15.3. Changes and Modifications
We reserve the right to update, delete, and/or modify the provisions of these Terms at our sole discretion and at any time. Any changes to these Terms will be communicated to you through written notice, which shall include posting the modified terms on Fireberry’s website at https://www.fireberry.com/legal. If any changes to these Terms provided in the notice are unacceptable to you, your sole remedy will be to terminate these Terms as outlined in Section 11 above. Your continuation of accessing or using the API or Developer Materials after receiving notice of such Modifications shall constitute your acceptance of the modified Terms.
15.4. Governing Law and Jurisdiction
The provisions of these Terms and any actions arising therefrom shall be governed and construed in accordance with the laws of the State of Israel, without regard to any principles of conflicts of law that may necessitate the application of laws from another jurisdiction. Any disputes or claims arising from or related to these Terms shall be exclusively resolved in the courts of competent jurisdiction situated in Tel Aviv-Jaffa, Israel. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.5. Assignment
You are prohibited from transferring any of your rights and/or obligations under these Terms without obtaining prior written consent from Fireberry. Fireberry retains the discretion to assign any of its rights and/or obligations under these Terms at its sole discretion.
15.6. Relationship of the Parties
These Terms shall not establish a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and Fireberry. Fireberry and you shall be considered as independent contractors.
15.7. No Third-Party Beneficiaries
Except for the provisions outlined in section 15.5 herein, these Terms, whether expressly stated or implied, do not intend nor shall they grant any right, benefit, or remedy of any kind to any third party, individual, or entity by virtue of these Terms.
15.8. No waiver
The absence of action or delay by either party in exercising any right under these Terms shall not be considered a waiver of that right. No waiver under these Terms shall be valid unless it is made in writing and signed by an authorized representative of the party presumed to have granted the waiver.
15.9. Force Majeure
Neither Fireberry nor you shall be held liable for any failure or delay in the performance of their respective obligations due to events beyond reasonable control, including but not limited to denial-of-service attacks, interruptions or failures of the Internet or utility services, deficiencies in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, pandemics, terrorism, and governmental actions.
15.10. Translated Version
These Terms were originally written in English, and for convenience, we may provide translations into other languages. In the event of any conflict between a translated version (non-English) and the English version (these Terms), the provisions of the English version shall prevail.
15.11. Injunctive Relief
You acknowledge that any unauthorized use or disclosure of the Customer Data, API, and Developer Materials could result in irreparable injury to us or our customers. Therefore, you consent to our entitlement to secure an immediate injunction to prevent any breach or anticipated breach of these Terms, in addition to our ability to seek any and all other legal and equitable remedies available in the event of such a breach.
15.12. Notice
We will use the contact details available in our records to issue notices to you in accordance with the provisions outlined herein. Below, you will find our contact information for sending notices. You acknowledge that any notices regarding these Terms that we send to you will be via email or in connection with your use of the API and Developer Materials. Notice to you will be considered effective upon the earlier occurrence of: (i) receipt; or (ii) within 24 hours of delivery. To send notices to us, please address communications to Fireberry at legal@fireberry.com, or send them to Post Office Box 120, Tel-Aviv, 6100002, and they will be deemed delivered upon Fireberry's written confirmation.
15.13. Survival
Sections 3.3, 7, 8, 9.1, 10, 11, 12, 13, 14, and 15 (excluding section 15.3) shall survive the termination of these Terms.