Marketplace Terms of Service

Thank you for choosing the Fireberry Marketplace. These terms of service for the Fireberry Marketplace (the “Marketplace Terms”) form a binding agreement between Fireberry Ltd. (“Fireberry”, “us”, “we”, or “our”) and the individual or entity accessing the Marketplace (“you” or “your”). These Marketplace Terms operate alongside, and are supplementary to, the Fireberry Terms of Service (the “Terms of Service”), the Fireberry Privacy Policy (the “Privacy Policy”), and the Fireberry Acceptable Use Policy (the “AUP”), each of which shall continue to apply to your use of the Marketplace.

Capitalized terms used but not separately defined in these Marketplace Terms shall carry the meanings ascribed to them in the Terms of Service. To the extent of any conflict between these Marketplace Terms and the Terms of Service, these Marketplace Terms shall prevail solely with respect to your access to and use of the Marketplace and Apps made available through it. In all other respects, the Terms of Service shall continue to apply.Where you are acting in a representative capacity on behalf of an employer or other legal entity, you confirm that: (a) you hold the requisite legal authority to bind that employer or entity to these Marketplace Terms; and (b) you have reviewed and comprehended these Marketplace Terms in their entirety and agree to them in the name of and on behalf of such employer or entity.

1. Overview of the Fireberry Marketplace

1.1. The Fireberry Marketplace serves as a platform through which you may browse, assess, and deploy applications, integrations, widgets, templates, workflow automations, and related solutions (each, an “App”, and collectively, “Apps”) that are designed to augment the capabilities of the Fireberry platform (the “Service”). Certain Apps are created and maintained by independent software vendors or developers (each, a “Third-Party Provider”, and such Apps, “Third-Party Apps”), while other Apps may originate from Fireberry itself (“Fireberry Apps”). Certain Apps may be designated as beta, preview, or early-access offerings (“Beta Apps”), as further described in Section 5 below. Your activation of any App or engagement with the Marketplace signifies your acceptance of these Marketplace Terms. Should you not accept these Marketplace Terms, you must not submit orders for, or access or engage with, the Marketplace.

1.2. The Marketplace forms an integral part of the Service. References to “you” throughout these Marketplace Terms denote the Fireberry Customer holding an active Subscription to the Service. These Marketplace Terms supplement and do not limit or override the Terms of Service, which are incorporated herein by reference and apply in full to your engagement with the Marketplace. Data that Fireberry collects in the course of your interaction with the Marketplace, or that Fireberry receives from any Third-Party Provider, shall be processed in accordance with our Privacy Policy. Your use of the Marketplace is further subject to the AUP, and any breach of the AUP in connection with the Marketplace shall constitute a breach of these Marketplace Terms. For the purposes of these Marketplace Terms, the Marketplace encompasses every webpage, interface, or channel through which Fireberry makes Apps accessible for deployment.

1.3. Your use of Fireberry Apps shall be governed by the Terms of Service and by any product-specific, feature-specific, or supplemental terms communicated to you in connection with such Fireberry Apps, each as amended from time to time.

2. Nature of Third-Party Apps

THIRD-PARTY APPS DO NOT CONSTITUTE ANY PART OF THE FIREBERRY SERVICE AND, FOR PURPOSES OF THESE TERMS, EACH THIRD-PARTY APP SHALL BE DEEMED A "THIRD-PARTY SERVICE" AS SUCH TERM IS DEFINED IN THE TERMS OF SERVICE, THE RELEVANT PROVISIONS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. EACH THIRD-PARTY PROVIDER ACTS SOLELY ON ITS OWN BEHALF AND INDEPENDENTLY OF FIREBERRY, AND THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF SERVICE IN CONNECTION WITH YOUR USE OF ANY SUCH THIRD-PARTY APP SHALL APPLY IN FULL FORCE AND EFFECT. ACCORDINGLY, ANY COLLECTION, USE, DISCLOSURE, OR OTHER PROCESSING OF YOUR DATA THAT OCCURS WITHIN OR THROUGH ANY THIRD-PARTY APP SHALL BE GOVERNED EXCLUSIVELY BY THE CONTRACTUAL ARRANGEMENTS BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER, AND NOT BY THE FIREBERRY PRIVACY POLICY OR ANY OTHER FIREBERRY POLICY, NOTICE, OR AGREEMENT. FOR THE AVOIDANCE OF DOUBT, ANY PROCESSING CARRIED OUT BY FIREBERRY ITSELF IN CONNECTION WITH THE OPERATION, ADMINISTRATION, SECURITY, BILLING, SUPPORT, ANALYTICS, OR ENFORCEMENT OF THE MARKETPLACE SHALL REMAIN GOVERNED BY THE APPLICABLE FIREBERRY TERMS, POLICIES, NOTICES, AND AGREEMENTS.

2.1. Fireberry bears no responsibility for the development, upkeep, or technical support of Third-Party Apps. Each time you activate or engage with a Third-Party App, you enter into a direct contractual relationship with the relevant Third-Party Provider on terms agreed between you and that provider. Fireberry is not a party to any such arrangement and accepts no responsibility or liability for the performance, conduct, or omissions of any Third-Party Provider or Third-Party App. All risks associated with the deployment and operation of any Third-Party App rest solely with you, and you should only activate Third-Party Apps that you have independently assessed and determined to be trustworthy.

2.2. Although Fireberry may carry out baseline functional and security assessments of Third-Party Apps and may facilitate their distribution through the Marketplace, no such assessment shall be interpreted as an endorsement, certification, warranty, or guarantee of any Third-Party App. The responsibility for evaluating Third-Party Apps prior to their deployment lies exclusively with you, and you acknowledge that Fireberry shall bear no liability arising from the listing, assessment, certification, or activation of any Third-Party App.Without limiting the foregoing, if Fireberry becomes aware that a listed Third-Party App may pose a material security risk or may fail to comply with applicable data protection legislation, Fireberry may, in its sole discretion, take such steps as it deems reasonable to address such risk, which may include notifying affected Customers, suspending or disabling the App, restricting its availability, or removing the App from the Marketplace.

2.3. Your engagement with Third-Party Apps is subject to the terms of service, privacy policies, and other applicable conditions published by the relevant Third-Party Provider (collectively, the “Third-Party Terms”). You are obligated to review the Third-Party Terms applicable to each App, and you should refrain from deploying any App whose Third-Party Terms you do not accept. You further undertake to deploy Third-Party Apps exclusively in conjunction with those components of the Service for which the App is designed.

2.4. To the maximum extent permitted by applicable law, in the event of any disagreement or dispute between you and a Third-Party Provider, you hereby release Fireberry, its officers, directors, employees, affiliates, and agents from all claims, demands, liabilities, and damages, whether actual, consequential, direct, or indirect, of any nature whatsoever, that arise out of or relate to such disagreement or dispute.

2.5. When you download, activate, or engage with a Third-Party App, Fireberry may share with the applicable Third-Party Provider certain account, contact, administrative, technical, and usage information reasonably necessary to enable, administer, support, secure, improve, or bill for the relevant App and the Marketplace, including without limitation your name, organization name, email address, account identifiers, installation details, granted permissions, support-related information, and aggregated or de-identified usage data, in each case in accordance with the Fireberry Privacy Policy and subject to applicable law.

2.6. Service Level Exclusion

For the avoidance of doubt, any service level commitments or availability guarantees that Fireberry offers under its Service Level Agreement or the Terms of Service apply exclusively to the Fireberry Service. Such commitments do not extend to Third-Party Apps, and Fireberry shall bear no liability for any unavailability, performance degradation, or service interruption attributable to a Third-Party App.

3. Data and Privacy

3.1. Treatment of Customer Data

Customer Data that is transmitted through or in connection with a Third-Party App shall be governed by the applicable Third-Party Terms and the corresponding Third-Party Provider’s privacy policy. Fireberry disclaims all responsibility and liability in relation to any processing, use, disclosure, or transfer of Customer Data undertaken by a Third-Party Provider or through a Third-Party App.

3.2. 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 Third-Party Providers or through Third-Party Apps. Each Third-Party Provider is independently responsible for establishing appropriate data processing arrangements with Users in accordance with applicable data protection legislation.If Fireberry reasonably determines, or is required by applicable law or a competent authority to treat, a Third-Party Provider as a sub-processor in respect of any processing of personal data in connection with the Service, Fireberry may require such Third-Party Provider to enter into a written sub-processing agreement on Fireberry's standard terms (including equivalent DPA obligations) as a condition to continued listing on the Marketplace and access to Customer Data. Fireberry may suspend or disable the applicable App until such agreement is executed. Nothing in this Section creates any obligation on Fireberry to appoint any Third-Party Provider as a sub-processor, nor shall it be construed as an acknowledgment that any such relationship exists.

3.3. Access Permissions

Certain Apps may require access to Customer Data or to other information stored within your Fireberry Account. Prior to activating an App, you will be presented with a description of the permissions and data access scopes that the App requires. By activating an App, you grant Fireberry authorization to furnish the applicable Third-Party Provider with access to such data and functionalities as fall within the scope of the permissions you have approved. It is your responsibility to review and understand the nature and extent of access sought by each App before activation.

3.4. Fireberry’s Data Practices

Information that Fireberry gathers as a result of your interaction with the Marketplace—including browsing activity, installation records, and usage analytics—shall be processed in accordance with our Privacy Policy. Fireberry acts as data controller with respect to such information.

3.5. Revoking App Access

You may revoke authorization for, or uninstall, any Third-Party App at any time through your Fireberry Account. Following revocation, the applicable Third-Party Provider is obligated, pursuant to the Fireberry Developer Terms and Conditions and the Marketplace Listing Terms (accessible at www.fireberry.com/legal), to purge your data within thirty (30) days or to secure your explicit consent for continued retention, unless continued retention is required by applicable law. Fireberry does not control, and shall not be liable for, any independent act or omission of a Third-Party Provider, including any failure by such provider to comply with its own contractual or legal obligations.

4. Fees and Payment

4.1. App Pricing

Certain Apps are offered at no cost, while others require fees. Certain Apps that are listed as free may nevertheless offer premium features, enhanced functionality, add-ons, or upgrades for a fee within the App itself ("In-App Purchases"). It is your responsibility to review the pricing terms disclosed in each App's Marketplace listing and in the applicable Third-Party Terms before making any In-App Purchase. Fireberry is not responsible for, and makes no representations regarding, the pricing, availability, or quality of any features or functionality offered through third-party In-App Purchases, and all such In-App Purchases are governed exclusively by the applicable Third-Party Terms. Access to paid Apps is contingent upon your payment of the applicable fees, inclusive of all taxes displayed at the point of purchase. Where mandated by law, indirect taxes shall be applied in addition to the stated fees. The pricing of all Apps and their associated features remains subject to modification at any time at the sole discretion of Fireberry or the relevant Third-Party Provider, and may vary based on the country designated in your billing account. In the event that Fireberry or a Third-Party Provider revises a recurring subscription fee or other periodic charge for an App, such revision shall take effect only from the commencement of the next billing cycle. Renewal terms, including applicable pricing, shall be specified in the App's Marketplace listing.

4.2. Billing Models

Fees for Third-Party Apps may be collected in one of two ways, as designated in the App's Marketplace listing:(a) Fireberry-Billed Apps. Fireberry may act as a billing intermediary for certain Third-Party Apps listed on the Marketplace, either directly or through designated third-party payment processors ("Fireberry-Billed Apps"). Where an App is designated as a Fireberry-Billed App, and you elect to access such a paid App, you authorize Fireberry to charge the credit card, debit card, or other payment instrument registered to your Account for all applicable fees, taxes, refunds, and adjustments, as and when they fall due. Fireberry's role with respect to Fireberry-Billed Apps is limited to that of a payment facilitator.(b) Developer-Billed Apps. Certain Third-Party Apps may be billed directly by the applicable Third-Party Provider ("Developer-Billed Apps"). Where an App is designated as a Developer-Billed App, you shall transact directly with the Third-Party Provider under the applicable Third-Party Terms, and Fireberry shall have no role in, and shall bear no responsibility for, the billing, collection, invoicing, or processing of payments in respect of such App. All payment disputes, refund requests, and billing inquiries relating to Developer-Billed Apps shall be directed exclusively to the applicable Third-Party Provider.(c) General. Notwithstanding the billing model applicable to a particular App, once your order is confirmed or access is activated, your ongoing use of any Third-Party App shall be governed by the applicable Third-Party Terms. You shall have no recourse against Fireberry with respect to amounts remitted to any Third-Party Provider, whether under a Fireberry-Billed App or a Developer-Billed App. All return, cancellation, and termination policies apply exclusively as between you and the relevant Third-Party Provider.

4.3. Refund Entitlement

(a) For Fireberry-Billed Apps, you may discontinue your use of an App and obtain a full refund of fees paid, provided that you cancel within thirty (30) days of the initial purchase date (the "Refund Period"). To request a refund, please contact support@fireberry.com. Following the expiry of the Refund Period, purchases are final and non-refundable. Without derogating from the foregoing, Fireberry or the applicable Third-Party Provider may, in their absolute discretion, authorize a refund if an App is subject to verified, material failure to conform to the functional specification or description expressly provided by Fireberry or the applicable Third-Party Provider. The granting of any such refund shall not establish a precedent or obligation to grant similar refunds in the future. (b) For Developer-Billed Apps and third-party In-App Purchases, all refund terms and policies shall be as set forth in the applicable Third-Party Terms. Fireberry bears no obligation to process, facilitate, or guarantee refunds for Developer-Billed Apps or In-App Purchases.

4.4. Subscription Cancellation

For Apps that operate on a recurring subscription or periodic fee model, whether Fireberry-Billed or Developer-Billed, you may terminate the subscription in accordance with the applicable cancellation mechanism. For Fireberry-Billed Apps, you may cancel through the App or through your Fireberry Account settings; upon cancellation, your access to the App shall cease at the conclusion of the then-current billing period, and no further charges shall be levied thereafter. No refund shall be issued in respect of the billing period in which cancellation occurs. For Developer-Billed Apps, cancellation procedures shall be as set forth in the applicable Third-Party Terms, and Fireberry shall bear no responsibility for the processing or consequences of such cancellation.

4.5. Tax Obligations

All stated fees are net of applicable taxes. You bear sole responsibility for all taxes, levies, duties, and similar governmental charges, including value-added, sales, use, and withholding taxes, imposed by any jurisdiction in connection with your acquisition of paid Apps (collectively, “Taxes”). Where Fireberry is legally required to do so, it shall collect applicable Taxes and furnish you with a compliant tax invoice.

5. Beta and Preview Apps

5.1. Fireberry or Third-Party Providers may, from time to time, make available through the Marketplace certain Apps that are designated as beta, preview, pilot, early-access, or otherwise not generally available (“Beta Apps”). Beta Apps are experimental in nature and are furnished for evaluation and testing purposes only.

5.2. BETA APPS ARE PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT ANY WARRANTY, REPRESENTATION, OR SERVICE LEVEL COMMITMENT WHATSOEVER. FIREBERRY AND THE APPLICABLE THIRD-PARTY PROVIDER EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR USE OF A BETA APP, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, BUSINESS DISRUPTION, OR INCOMPATIBILITY WITH THE SERVICE.

5.3. Fireberry reserves the right to modify, suspend, or permanently discontinue any Beta App at any time, without advance notice and without incurring any liability to you. Features, functionality, and availability of Beta Apps may change without notice and without obligation to maintain backward compatibility.

5.4. Feedback, suggestions, or observations that you provide in connection with any Beta App may be used by Fireberry or the applicable Third-Party Provider without restriction, attribution, or compensation.

6. Proprietary Rights

6.1. Fireberry retains full ownership of, and all intellectual property rights subsisting in, the Marketplace, the Service, the Fireberry Apps, and all related proprietary interests, encompassing patents, copyrights, trademarks, trade secrets, and all other proprietary rights. Nothing in these Marketplace Terms confers upon you any ownership interest or right in the Marketplace or the Service beyond the limited right to utilize the Marketplace in accordance with these Marketplace Terms and the Terms of Service.

6.2. Each Third-Party Provider retains full ownership of, and all intellectual property rights subsisting in, its respective Third-Party App, subject to any licenses extended to you under the applicable Third-Party Terms. The listing of a Third-Party App on the Marketplace does not transfer or confer upon Fireberry any ownership interest in such App.

6.3. Unless expressly authorized under applicable law or the terms governing a particular App, you shall not reproduce, adapt, distribute, reverse engineer, decompile, disassemble, or create derivative works based upon any App, whether a Fireberry App or a Third-Party App.

7. Exclusion of Warranties

7.1. THE MARKETPLACE, TOGETHER WITH ALL APPS ACCESSIBLE THEREON, IS MADE AVAILABLE ON A STRICTLY “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIREBERRY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, IN RELATION TO THE MARKETPLACE, ANY APP, AND ANY CONTENT OR FUNCTIONALITY ACCESSIBLE ON OR THROUGH THE MARKETPLACE.

7.2. WITHOUT LIMITING THE GENERALITY OF SECTION 7.1 HEREIN, FIREBERRY MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE MARKETPLACE OR ANY APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE MARKETPLACE OR ANY APP WILL OPERATE WITHOUT INTERRUPTION, IN A TIMELY FASHION, SECURELY, OR FREE OF ERRORS OR DEFECTS; (C) ANY DATA, OUTPUTS, RECOMMENDATION OR RESULTS DERIVED FROM THE USE OF ANY APP WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY DEFECTS OR ERRORS IN THE MARKETPLACE AND/OR ANY APP WILL BE DETECTED, IDENTIFIED, CORRECTED OR REMEDIED.

7.3. NO STATEMENT, REPRESENTATION, GUIDANCE, INFORMATION, DOCUMENTATION, DEMONSTRATION, OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN AND WHETHER MADE BY FIREBERRY, ANY THIRD-PARTY PROVIDER, OR ANY OTHER PARTY, OBTAINED IN CONNECTION WITH THE MARKETPLACE OR ANY APP, SHALL CREATE OR GIVE RISE TO ANY WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THESE MARKETPLACE TERMS.

8. Cap on Liability

8.1. UNDER NO CIRCUMSTANCES SHALL FIREBERRY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BEAR LIABILITY UNDER OR IN CONNECTION WITH THESE MARKETPLACE TERMS OR YOUR ENGAGEMENT WITH THE MARKETPLACE OR ANY APP FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER; OR (B) ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, DATA, USE, OR EXPECTED SAVINGS—REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND IRRESPECTIVE OF WHETHER FIREBERRY WAS FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. WITHOUT DEROGATING FROM SECTION 8.1, AND SUBJECT TO SECTION 8.4 BELOW, FIREBERRY'S MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE MARKETPLACE TERMS OR THE MARKETPLACE SHALL NOT EXCEED, IN THE AGGREGATE: (A) WITH RESPECT TO FIREBERRY-BILLED APPS, THE TOTAL AMOUNT OF REVENUE SHARE ACTUALLY RETAINED BY FIREBERRY (AFTER REMITTANCE OF THE DEVELOPER'S SHARE) IN RESPECT OF THE APPLICABLE APP(S) DURING THE TWELVE (12) CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM; AND (B) WITH RESPECT TO ALL OTHER MATTERS, INCLUDING DEVELOPER-BILLED APPS, IN-APP PURCHASES, AND NON-PAID APPS, ONE HUNDRED UNITED STATES DOLLARS (US $100). THE FOREGOING CAP SHALL APPLY TO ALL CLAIMS IN THE AGGREGATE AND SHALL NOT BE MULTIPLIED BY THE NUMBER OF CLAIMS, INCIDENTS, OR APPS.

8.3. THE LIMITATIONS SET FORTH IN THIS SECTION 8 SHALL REMAIN OPERATIVE AND ENFORCEABLE NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

8.4. THIRD-PARTY APPS AND RELATIONSHIP TO TERMS OF SERVICE

(A) THIRD-PARTY APPS CONSTITUTE THIRD-PARTY SERVICES AS DEFINED IN, AND GOVERNED BY, THE TERMS OF SERVICE. WITHOUT DEROGATING FROM ANY OTHER PROVISION OF THESE MARKETPLACE TERMS, FIREBERRY'S LIABILITY IN CONNECTION WITH THIRD-PARTY APPS IS LIMITED EXCLUSIVELY TO ITS ROLE AS OPERATOR OF THE MARKETPLACE AND, WHERE APPLICABLE, AS BILLING INTERMEDIARY. FIREBERRY SHALL BEAR NO LIABILITY WHATSOEVER FOR THE PERFORMANCE, FUNCTIONALITY, QUALITY, AVAILABILITY, SECURITY, LEGALITY, OR FITNESS FOR PURPOSE OF ANY THIRD-PARTY APP, OR FOR ANY ACT, OMISSION, REPRESENTATION, OR DEFAULT OF ANY THIRD-PARTY PROVIDER, REGARDLESS OF WHETHER FIREBERRY REVIEWED, ASSESSED, CERTIFIED, OR FACILITATED THE DISTRIBUTION OF SUCH THIRD-PARTY APP. (B) WHERE FIREBERRY ACTS SOLELY AS BILLING INTERMEDIARY IN RESPECT OF A FIREBERRY-BILLED APP, FIREBERRY'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ARISING EXCLUSIVELY FROM FIREBERRY'S OWN DEMONSTRABLE ERROR IN THE PROCESSING OR REMITTANCE OF PAYMENTS, AND SHALL IN NO EVENT EXCEED THE CAP SET FORTH IN SECTION 8.2(A). (C) THE WARRANTY EXCLUSIONS AND LIABILITY LIMITATIONS SET FORTH IN SECTIONS 7 AND 8 OF THESE MARKETPLACE TERMS APPLY SPECIFICALLY TO MATTERS ARISING UNDER OR IN CONNECTION WITH THE MARKETPLACE AND OPERATE IN ADDITION TO, AND WITHOUT DEROGATION FROM, THE CORRESPONDING PROVISIONS CONTAINED IN THE TERMS OF SERVICE. TO THE EXTENT OF ANY CONFLICT, INCONSISTENCY, OR AMBIGUITY BETWEEN THE LIABILITY PROVISIONS OF THESE MARKETPLACE TERMS AND THOSE OF THE TERMS OF SERVICE, THE PROVISION THAT LIMITS OR EXCLUDES FIREBERRY'S LIABILITY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW SHALL PREVAIL.

9. Your Obligation to Indemnify

9.1. You undertake to indemnify, defend, and hold harmless Fireberry, 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 court costs) arising from or in connection with any third-party claim, suit, or proceeding (each, a “Claim”) that relates to: (a) your engagement with the Marketplace or any App in contravention of these Marketplace Terms, the Terms of Service, or any applicable Third-Party Terms; (b) your infringement of any applicable law, regulation, or third-party right; or (c) any dispute between you and a Third-Party Provider. Upon becoming aware of such a Claim, Fireberry shall notify you in writing and afford you the opportunity to assume conduct of the defense and any settlement thereof, subject to Fireberry’s right to engage its own counsel at its own cost to participate in such defense and settlement proceedings.

9.2. Relationship to Terms of Service

The indemnification obligations set forth in this Section 9 apply specifically to matters arising under or in connection with the Marketplace and operate in addition to, and without derogation from, any indemnification obligations established under the Terms of Service. To the extent of any direct conflict between the indemnification provisions of these Marketplace Terms and those of the Terms of Service with respect to the same Marketplace-specific subject matter, this Section 9 shall govern solely for that Marketplace-specific subject matter.

10. Marketplace Modifications

10.1. Fireberry may, in its sole discretion, withdraw Apps from the Marketplace or curtail or disable the functionality of Apps where a Third-Party Provider has breached its contractual obligations to Fireberry, or where such action is necessary to safeguard Fireberry’s legitimate interests, the interests of its Customers, or the operational integrity of the Service. You acknowledge and accept that, even where such measures affect you, you shall have no claim or recourse against Fireberry in connection therewith.

10.2. Fireberry provides no assurance that Apps will maintain uninterrupted interoperability with the Service, or that modifications to the Service will not partially or wholly impair the interoperability of any App.

10.3. Fireberry reserves the right to discontinue the Marketplace at any time. Such discontinuation shall not, of itself, affect your use of Third-Party Apps previously obtained, which shall continue to be governed by the applicable Third-Party Terms.

10.4. Fireberry may revise, supplement, or amend these Marketplace Terms at any time at its sole discretion. Notification of any material revision shall be communicated by email, through the Service, or by publication of an updated version on the Fireberry website. Where any revision is unacceptable to you, your exclusive remedy shall be to cease using the Marketplace. Your continued engagement with the Marketplace following receipt of such notification shall constitute acceptance of the revised Marketplace Terms.

11. Applicable Law and Forum

These Marketplace 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, excluding its conflict-of-laws rules. The competent courts situated in Tel Aviv-Jaffa, Israel, shall possess sole and exclusive jurisdiction over any controversy or claim arising out of or in connection with these Marketplace Terms. Both parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

12. Additional Provisions

12.1. Entire Agreement

These Marketplace Terms, read together with the Terms of Service, the Privacy Policy, and the AUP, constitute the complete and exclusive understanding between you and Fireberry with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, representations, and agreements, whether oral or written.

12.2. Severability

Should any provision of these Marketplace 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.

12.3. Preservation of Rights

The failure or delay of either party to exercise or enforce any right or provision under these Marketplace Terms shall not operate as, or be construed as, a waiver of such right or provision. A waiver of any right or provision shall be effective only if set forth in writing and executed by a duly authorized representative of the waiving party.

12.4. Assignment

You shall not assign, delegate, or otherwise transfer any of your rights or obligations arising under these Marketplace Terms without Fireberry’s prior written consent. Fireberry may freely assign its rights and obligations hereunder without notice to or consent from you, including in connection with a corporate reorganization, merger, acquisition, or disposition of substantially all of its assets. Subject to the foregoing restrictions, these Marketplace Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

12.5. Independent Parties

Nothing in these Marketplace Terms shall be construed as establishing a partnership, franchise, joint venture, agency, fiduciary relationship, or employment relationship between you and Fireberry or between you and any Third-Party Provider.

12.6. Prevailing Language

These Marketplace Terms are drafted in English. Where a translated version is made available, and any inconsistency arises between the translated text and the English original, the English version shall prevail.

12.7. How to Reach Us

Questions or correspondence regarding these Marketplace Terms should be directed to legal@fireberry.com.

Fireberry Ltd.Last Updated: 30.4.26