FirstBIT Self-Serve Subscription Agreement
Effective August 21, 2019
THIS AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST FIRSTBIT.
By clicking on the “Create Account” button (or any similar button) that is presented to you at the time of sign-up or by using or accessing the Service, you indicate your assent to be bound by this Agreement. FirstBIT may modify this Agreement from time to time.
If you are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to this Agreement for that Entity and representing to FirstBIT that you have the authority to bind such Entity to this Agreement, in which case the terms “you,” “your” or a related capitalized term herein will refer to such Entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and must not use the Service.
GENERAL TERMS AND CONDITIONS
This Agreement governs FirstBIT's cloud-based solutions (including this website) (“Cloud Services”) and software made available in connection with the Cloud Services (“Software”). Section 2 (Cloud Services) applies specifically to the Cloud Services, and Section 3 (Software) applies specifically to Software. Unless otherwise specified, all other Sections of this Agreement apply to both the Cloud Services and the Software (collectively, the “Service”).
2. Cloud Services
2.1. Access to Cloud Services
Subject to your compliance with this Agreement (including, without limitation, all payment obligations), FirstBIT hereby grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable (except to Affiliates) right, to access and use the Cloud Services (“Cloud License”). If you are agreeing to this Agreement on behalf of an Entity, such Entity’s Affiliates may also access and use the Cloud Services provided that such Affiliates agree to be bound by the terms of this Agreement, and the Entity remain fully liable for such Affiliates’ actions and omissions in connection with this Agreement as if the Entity had performed such acts and omissions itself. “Affiliate” means any means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity.
2.2. Subscription Terms, Renewals and Cancellations
All Cloud Services that are provided to you as Paid Services (each a, “Paid Cloud Service”) will be provided to you on a subscription basis for the length of term that you specified during the initial sign-up process (“Subscription Term”). All of your subscriptions to Paid Cloud Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the Cloud Services’ account dashboard prior to your next scheduled billing date.
3.1. License Grant
Subject to the terms and conditions of this Agreement, Cloudflare grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable (except to Affiliates license to install and use the Software during your use of the applicable Cloud Services in accordance with this Agreement and any Cloudflare documentation (“License”). You License will end upon the earlier of the termination of your use of the Cloud Services requiring such Software or the termination of this Agreement. Some Software may contain open source or third party software, which may have additional terms and restrictions regarding such software’s use.
You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Software (collectively, "Reverse Engineering") or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of your own or third party software with the Software, and to the limited extent permitted by directly applicable law, but only if:
- (a) Reverse Engineering is strictly necessary to obtain such information; and
- (b)you have first requested such information from us and we fail to make such information available (for a fee or otherwise) under reasonable terms and conditions.
4.1 Recurring Billing
In order to access those Services for which we require a fee (“Paid Services”) you will be required to provide FirstBIT with your payment information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method on a monthly, quarterly, semi-annual, annual basis, or as otherwise applicable for the fees associated with the Paid Services that you sign up for. All such payment we requested in advance. All billing we do on daily bases.
Any Payment Method that you provide us must be valid, and kept current by you during the Subscription Term. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. FirstBIT will begin billing your Payment Method for the Paid Services on the day that you sign up for such Paid Services, regardless of whether you have fully configured the Paid Services as of that date. FirstBIT will produce the payment by some of authorised payment gateway.
4.2 Payment Confirmation
In order to confirm your payment status we will inform you during 24 hours, since you finish the payment, by pressing buttom "Checkout" in FirstBIT's website. The notification will be delivered to your primary email, which you mentioned during account creation process.
Please note, that FirstBIT is not responsible for client email hosting, and in case of issues on client\clients email system FirstBIT will not be affected.
4.3 Price Changes
We reserve the right to change the fees that we charge for the Service, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.
4.4 Refund Policy
FEES ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. Following any cancellation, however, you will continue to have access to the Paid Services through the end of your current Subscription Term. We may, in our sole discretion, provide a refund, discount, or credit (“Credits”) to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate us to provide additional Credits.
5. Cancellation Policy
All Cloud Services that are provided to you as Paid Services (each a, “Paid Cloud Service”) will be provided to you on a subscription basis for the length of term that you specified during the initial sign-up process (“Subscription Term”). All of your subscriptions to Paid Cloud Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the Cloud Services’ account dashboard or email message from initialy registred email to our email address - email@example.com.
During cancelation process non used days from current paid subscription will be holded on your credit balance, which you can use to order new “Paid Cloud Service”. Credit is NONREFUNDABLE.