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Terms & Conditions

Please read these Terms carefully and reach out if you have any questions. If you don’t agree with them, please don’t use Fyrno.

OVERVIEW

By using Fyrno, you agree to these Terms & Conditions (“Terms”) and the other policies that we link to here and on the Platform.

These Terms (and the policies we link to) apply to your use of our website (https://fyrno.com/), apps and any other software or features provided in connection with our services (collectively the “Platform” or “Fyrno”). When we say “we”, “our” or “us” in these Terms, we’re referring to Fyrno.

MODIFICATION OF AGREEMENT, SITE OR SERVICES

FYRNO may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, FYRNO may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. FYRNO assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, FYRNO may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. FYRNO RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, FYRNO finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.

FYRNO shall not be liable for any loss or damage resulting from FYRNO’s reliance on any instruction, notice, document or communication reasonably believed by FYRNO to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, FYRNO reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to FYRNO that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If FYRNO has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, FYRNO reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, FYRNO recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify FYRNO immediately of any breach of security or unauthorized use of your Account. FYRNO will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss FYRNO or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  1. You will not use this Site or the Services in a manner (as determined by FYRNO in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding FYRNO or FYRNO Services.
    • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  1. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by FYRNO..
  2. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  3. You will not access FYRNO Content (as defined below) or User Content through any technology or means other than through this Site itself, or as FYRNO may designate.
  4. You agree to back-up all of your User Content so that you can access and use it when needed. FYRNO does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  5. You will not re-sell or provide the Services for a commercial purpose, including any of FYRNO related technologies, without FYRNO’s express prior written consent.
  6. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any FYRNO Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the FYRNO Content or the User Content therein.
  7. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  1. You are aware that FYRNO may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether FYRNO asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which FYRNO is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of FYRNO that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from FYRNO. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of FYRNO that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from . Message and data rates may apply.
  1. Without limiting any of the rights set forth elsewhere in this Agreement, FYRNO expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any FYRNO policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by FYRNO in its sole and absolute discretion).
  2. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, FYRNO may cancel any service associated with your name, email address or account and close any associated FYRNO accounts. If FYRNO, in its sole discretion, determines that any conducted activity is fraudulent, FYRNO reserves the right to take any necessary legal action and you may be liable for monetary losses to FYRNO including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact FYRNO Care.

PRIVACY & DATA

We care about the privacy of our users and Profile Visitors.

Our Privacy Notice explains how we handle your personal data for our own purposes. Whereas our Data Processing Addendum (“DPA”) (which is incorporated into these Terms) sets out your responsibilities (and ours) for respecting the privacy rights of visitors to your profile. In creating your account, you agree that where the DPA applies to you, you have read, understood and agreed to it.

All data (and any IP rights in data) that we or the Platform create or generate based on your use (or profile visitors’, or other users’ use) of the Platform or content (“Data”) will be owned by us. We may provide Data or visualisations of Data to you as part of the service we offer on the Platform (we call this “Data Analytics”). We make no representations or warranties as to the accuracy or completeness of the Data Analytics, but we’ll try to make it as accurate and complete as we can.

USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with FYRNO, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to FYRNO that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate FYRNO to treat your User Submissions as confidential or secret, that FYRNO has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that FYRNO may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

FYRNO shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize FYRNO to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant FYRNO a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and FYRNO’s (and FYRNO’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that FYRNO may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, FYRNO shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or FYRNO’s (or FYRNO’s affiliates’) business(es). If you have a website or other content hosted by FYRNO, you shall retain all of your ownership or licensed rights in User Content.

AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

FYRNO generally does not pre-screen User Content (whether posted to a website hosted by FYRNO or posted to this Site). However, FYRNO reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. FYRNO may remove any item of User Content (whether posted to a website hosted by FYRNO or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by FYRNO in its sole and absolute discretion), at any time and without prior notice. FYRNO may also terminate a User’s access to this Site or the Services found at this Site if FYRNO has reason to believe the User is a repeat offender. If FYRNO terminates your access to this Site or the Services found at this Site, FYRNO may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

DISCONTINUED SERVICES; END OF LIFE POLICY

FYRNO reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although FYRNO makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by FYRNO, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, FYRNO will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by FYRNO in its sole and absolute discretion. FYRNO may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by FYRNO in its sole and absolute discretion, FYRNO will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. FYRNO will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

BETA SERVICES

From time to time, FYRNO may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) FYRNO reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) FYRNO may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that FYRNO may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to FYRNO; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by FYRNO. To the fullest extent permitted by law, FYRNO disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

FEES AND PAYMENTS

You must pay all subscription fees when they become due. Fyrno transaction fees as well as processing fees will be deducted automatically from the proceeds of any transactions you make on your profile.

  • Subscription fees — If you’ve chosen a paid plan, you must pay your subscription fees when they fall due. Unless otherwise stated, fees are in USD and are inclusive of transactional taxes (e.g. GST/VAT).

All subscription fees will be billed in advance on a recurring basis, based on your chosen billing cycle (either monthly or annual). Your paid plan will automatically renew under these Terms (as updated at the time of the renewal) at the end of your billing cycle unless you’ve cancelled your plan.

We may change our subscription or transaction fees from time to time, but we’ll always give you prior notice (and we will aim to do so at least 1 month in advance). If you don’t agree to the revised fees, you can cancel your plan before your next billing cycle starts.

INTERNATIONAL PAYMENT OPTIONS

FYRNO offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at FYRNO. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by FYRNO.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or FYRNO reserve the right to decline a transaction for any reason and (ii) neither the IPP nor FYRNO shall be liable to you or any third party regarding the same. You acknowledge that FYRNO will not attempt to fulfill the Services purchased by you until FYRNO receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If FYRNO does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your FYRNO account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time FYRNO receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, FYRNO may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, FYRNO reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by FYRNO will be net of the IPP Fees unless otherwise specified.

ADDITIONAL RESERVATION OF RIGHTS

FYRNO expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by FYRNO in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by FYRNO in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of FYRNO, its officers, directors, employees and agents, as well as FYRNO’s affiliates, including, but not limited to, instances where you have sued or threatened to sue FYRNO, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to FYRNO’s business, operations, reputation or shareholders.

FYRNO expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

FYRNO expressly reserves the right to terminate, without notice to you, any and all Services where, in FYRNO’s sole discretion, you are harassing or threatening FYRNO and/or any of FYRNO’s employees.

FYRNO Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“FYRNO Content”), are owned by or licensed to FYRNO in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. FYRNO Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of FYRNO. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. FYRNO reserves all rights not expressly granted in and to the FYRNO Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

  • We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
  • Email Messages
  • Newsgroup postings
  • Windows system messages
  • Pop-up messages (aka “adware” or “spyware” messages)
  • Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  • Online chat room advertisements
  • Guestbook or Website Forum postings
  • Facsimile Solicitations
  • Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse.

TRADEMARK AND/OR COPYRIGHT CLAIMS

FYRNO supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to FYRNO’s Trademark and/or Copyright Infringement Policy referenced above and available here.

LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by FYRNO. FYRNO assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, FYRNO does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release FYRNO from any and all liability arising from your use of any third-party website. Accordingly, FYRNO encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FYRNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FYRNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND FYRNO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FYRNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FYRNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FYRNO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless FYRNO and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by FYRNO directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

COMPLIANCE WITH LOCAL LAWS

FYRNO makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

Disclaimer

There’s a few things we disclaim under these Terms.

Your use of Fyrno and any content contained on the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including (but not limited to), up-time or availability, or any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Fyrno, its affiliates and its licensors do not make any express or implied warranties or representations, including that:

  • the Platform will function uninterrupted, securely or be available at any time or place;
  • any errors or defects will be corrected;
  • the Platform is free of viruses or other harmful components;
  • the Platform is effective or the results of using the Platform will meet your needs; or
  • any content on the Platform (including any user content) is complete, accurate, reliable, suitable or available for any purpose.

These Terms apply to the maximum extent permitted by law and nothing in them is intended to exclude, restrict or modify legal rights that you may have, which cannot be excluded, restricted or modified by contract. If these Terms are governed by the Australian Consumer Law, our liability to you for not complying with a consumer guarantee is limited to re-supply of the services or payment.

Cancelling your account

If you don’t comply with these Terms, we may suspend or cancel your account or limit the functionality of the Platform, which you have access to (e.g. if you don’t pay your fees on time, we may convert your paid plan to a free plan with less features).

Depending on what the non-compliance is, we may not use this right to suspend or cancel your account, but if there is repeat non-compliance, or a material non-compliance, we are likely to. If we suspend or cancel your account, we will usually notify you beforehand (but we don’t have to) and you will not receive a refund of any fees paid upfront.

If you think your account has been cancelled by mistake or you have an issue with these Terms or the Platform, please email support@fyrno.com. Both us and you will use all reasonable efforts to resolve the issue in good faith, and neither of us will bring any legal action on the issue until we have spent at least 1 month trying to work it out.

Changes

Fyrno is constantly evolving and improving. From time to time we may make changes to the Platform or these Terms. If the change will have a significant negative impact on you, we’ll notify you beforehand.

We may need to change these Terms from time-to-time to reflect business updates, changes to the Platform (including if we decide to discontinue any functionality, features or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests.

We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes. However, if a change will have a material negative effect on you, we’ll use our best efforts to notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform).

Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to stop using Fyrno and cancel your account.