Terms of Use

Last Revision: December 14, 2013

Description of Service

Firelink (hereinafter "the Service" or “the Services”) is a professional web-based toolset for the search engine rank tracking which allows to track and compare the website SERP and keyword performance in historical context. The Service, that is offered by Firelink Ltd, a company incorporated in British Virgin Islands having registered address at Sea Meadow House, Blackburne Highway, (P.O. Box 116), Road Town, Tortola, British Virgin Islands (“the Company”), provides the individuals and businesses with access to professional SEO data and recourses that allows the Firelink user (hereinafter "the User" or “You”) to track the website search engine rankings with the accuracy using reliable ranking tools, reports and appealing visuals (including charts, tables and graphs).  

Firelink service includes but is not limited to search engine ranks tracking and the keyword analysis tool, competitors tracking, reporting feature, visual content, as well as the Firelink site (“the Site”), the user interface, user-generated content, source codes, copyrights and other content that is available through the Service.

Acceptance of Terms

The Services provided by Firelink are subject to these Terms of Use. By using the Services You automatically agree to these Terms of Use and acknowledge to follow them and take any responsibilities associated with the Terms of Use nonobservance. The Company reserves the right to modify these Terms of Use at any time, with or without prior notice. The User agrees to be bound to any Terms of Use updates as soon as they are posted. If You object to anything in these Terms of Use or the changes posted You are recommended not to use the Services or the website content.

The Company reserves the right to change the Service at any time, with or without prior notice, by modifying, updating, adding or suspending any features of the Service for any reason, including but not limited to suspending or discontinuing the Service as a result of the Firelink overuse. By accepting these Terms of Use You understand that the Service is provided “AS IS” and the Company doesn’t take any liability for the Service availability and security.

Use of Service

The Firelink service is provided “AS IS” and your use of the Service is at your sole risk. The User of the Service must follow these conditions:

• The Service is provided for the users who reached the age of 13 years or more.
• The Service use by “bots” is not permitted.
• The Users must submit truthful personal information required and maintain the accuracy of any data provided at the Company request, including but not limited to legal name, email address, credit card details.
• The User must not share their account data and login information with any third party as the multi-use of one account is not permitted. The Company is not liable for any loss of data or any kind of damage resulting from the failure to comply with this term of use.
• The User agrees not to use the Service for any illegal purpose associated with the violation of the laws, including but not limited to copyright and intellectual property rights, and not to cause damage to the Service by any means.
• The User is obliged to inform the Firelink support team about any suspicious activities through the Service or related to their account, or the third party’s improper use of the Services.
• The User is responsible for any activities (legal and illegal) that occur under their account and the User must not provide any false and provocative information associated with the Service and its use.
• The Service is only available to the Users who do not do any harm to any person at the Site and do not misrepresent their identities or try to misrepresent the identities of any third parties.
• The User must not modify or hack the Service or else use any content or technology associated with Firelink at any other websites or services.
• Any public use of any portion of the Service is permitted only with the written permission of Firelink and Firelink Ltd. The User must not reproduce, copy, sell or resell use or access to the Service.
• By use of the Service the User agrees that the Site and Service are publicly available to other users who can also use its Services if it doesn’t conflict with their rights. The User also understands that the Service may be accessible by any syndication programs, search engines, crawlers, metasearch tools, etc.
• The User understands that their activities through the Service may be monitored and disclosed if the Firelink finds necessary to:  respond to legal process; protect the rights and interests of Firelink and Firelink Ltd., its employees and customers; or check the User compliance with these Terms of Use.

The User may access the certain components of the Service and the Site for free (including but not limited to the Site content, demo versions, free trial versions). The Company reserves the right to charge fees for any benefits associated with the use of the Service with or without any prior notice. The Company also reserves the right to suspend or block the User access to the Services as a result of the User’s violation of these Terms of Use or any other reasons that the Company finds harmful or illegal. Any verbal, written or physical abuse (including threats and retribution) of the Firelink team and customers may result in immediate account suspension.

The Service is provided to the User for their personal use only. On signing up the User must provide accurate identification information that is required during the registration process or use of the Service. The User is granted a limited and non-exclusive right to use the Service in accordance to their Service Plan only. The scope of the allowed content (including but not limited to the number of tracked sites and competitors, reports, search engines, keywords, support) is defined by the User chosen and settled Service Plan. The User reserves the right to use the Services in full during the subscription period and also change the Service Plan only after the termination of the current Service Plan.

In accordance to these Terms of Use, during the subscription period the User is granted the right to get the Service reports and use its data as follows:

• copy and reproduce, adapt or otherwise modify the Service reports;
• publish or transmit the Service reports indicating the source.

The Company may immediately terminate the granted rights if the User fails to comply with these Terms of Use.

User Responsibilities

As a condition of these Terms of Use, the User is liable for any personal data, messages, texts, links, visuals, other materials and activities associated with the use of the Service. By accepting these Terms of Use the User accepts all the liabilities associated with any breaches in security and confidentiality of the Site, the Service, its team, customers and the third parties. The User is responsible for maintaining the confidentiality of the login/account information. The User agrees and understands that a single account may not be used by multiple users at any time and for any reason. The User is responsible for any attempt to encourage any third party to abuse these Terms of Use regarding confidentiality, legality, and accuracy of the information. The distribution of the abusive, unlawful, threatening, offensive content through the Service is not permitted and will result in the User liabilities. Any spam, personal attacks, spreading of viruses or defamation are considered unlawful in compliance with these Terms of Use.

The User is liable for violation of any copyright, trademark, publicity and other intellectual property rights set by Firelink Terms of Use. The User agrees not to copy and repost any information protected by the copyright law without the prior written permission. Violation of these Terms of Use may result in the Service termination without any compensation for the Service use, or other legal sequences.

Cancellation and Termination

The User may terminate the use of the Service or these Terms of Use at any time by sending a notice to the Company. The Company, in its sole discretion,  may terminate the Services and Terms of Use or suspend the account at any time and for any reason with or without prior notice, if the User activities violate these Terms of Use and Privacy Policy. After the termination takes effect or the User receives a notification about account termination, the User must stop using the Service immediately.

The User is responsible for terminating their account properly. An email or phone request is not considered termination or cancellation, the User must follow all the steps indicated in the account with the special mark “Termination/Cancellation.”

In case of termination, the User account is disabled and the User may not be granted the rights to use any Services provided by Firelink, including but not limited to the access to the account, profile, different files and services, however the residual copies of the generated data and personal details may remain in the system. The terminated account may be immediately deleted or continue to exist for some time until the cancellation takes effect. Deleted information can’t be recovered once the account is terminated. Upon the termination or cancellation takes effect, the User shall not receive any refunds of the subscription or any other fees paid by the date of termination. The User won’t be charged again for any Services after the termination takes effect.

Terms of Payment and Refunds

Firelink provides free trial version and also several fee-based Subscription plans with the set monthly fees. Each Subscription fee is based on the plan features You choose.

The User is liable for providing Firelink and Firelink Ltd with the accurate and up-to-date credit card details (or any other information associated with any other payment method). The Company is not liable for any troubles with charging the monthly fee, which arise from the fact that payment information is incomplete, not accurate or the User is not authorized to use the payment method they choose. The Company reserves the right to cancel the User’s subscription at any time with or without prior notice if the Company cannot charge the User’s credit card or any other payment method. In case of the subscription cancellation the User may lose access to the Firelink services or any other data associated with the subscription until the fee is charged in full.

Accepting these Terms of Use, the User understands and agrees that the Company is not obliged to provide them any refund at any time and for any reason. If the User chooses to cancel their subscription during the Subscription period, they will not be refunded in whole or in part. If the User chooses to change the current subscription plan with the new one with the lower monthly fee during the current subscription period, they may be entitled to pay the lower fee. In no event the User is entitled to cash out any refund or discount which arise from the User’s decision to downgrade the Firelink membership.

Free Service Plan Terms of Use

The Company provides Free Service Plan, which is the Firelink package provided for free for unlimited period of time, as the supplementary service aimed at informing the Users about all the features and capabilities of the Firelink tool, and it can be used by the Users for their in-house analysis with low volume of data for lifetime period, unless provided otherwise. The Company reserves the right at its sole discretion to cancel the Free Service Plan, change its features, conditions, and subscription terms whenever found necessary by the Company with or without prior notice.

The Company reserves the right to cancel the User subscription to Free Service Plan in case the User does not sign in to use the Firelink services for over 14 days. The User can’t downgrade back to Free Service Plan once they upgrade their account to any of the paid plans. The Free Service Plan account terminated by the User or by the Company may be immediately deleted and all the generated information can’t be recovered once the subscription is canceled.

Intellectual Property Rights

Accepting these Terms of Use, the User acknowledges that Firelink and Firelink Ltd.  owns all intellectual property rights on all the content available on the Site and through the Service. This content may include site design, text, all graphics, images, data, interfaces, software, interactive features, computer code, video, sound, and other components associated with the Service use, including some parts of user-generated content.

The Firelink logos are trademarks of the Service protected by the copyright law. The User may use logos for promotional purposes only to identify themselves as the user of the Service, upon a prior written permission. The Company may ask the User to use the special Service marks, logos or references to the Firelink when using publicly the reports and files generated by the User, or any other information associated with the Service and Site.

The Use must not reproduce, modify, adapt and share any of the Firelink content or claim ownership of the Service marks, logos, trademarks and technology. By accepting these Terms of Use, the User agrees not to use any devices or programs to copy and reproduce the data, code or any other information protected by copyright.

Confidentiality

By using the Services You automatically agree to the Terms of Use and Privacy Policy regarding the user privacy and confidentiality. You understand and agree that the Company may access, preserve and disclose your personal and account information, generated content, e-mails if the User violates the Terms of Use, in case of gathering statistics for the Company inner use or if required by law, legal process or governmental request to respond to official claims that the User content violates the laws, these Terms of Use or the rights of any third party. Any personal information submitted to the Service and Company may be used to provide support or protect the property rights of Firelink and Firelink Ltd.

You understand that the User personal information may be stored and processed in any country. The Service technical processing with the User data may include transmissions over various networks and third party hosting partners to provide all the necessary technology for the Service, and You agree that the Company is not liable for any damages and your personal data use arising from this process.

The Company shall not share any information associated with your Service projects with the third parties without your prior permission, unless required by law, regulation or court order.

The Company reserves the right to change these Terms of Use regarding User privacy at any time and for any reason with or without notice.

Limitation of Liability

As a condition of these Terms of Use, You agree to limit Firelink and Firelink Ltd. potential liability to You /User as described in this clause. In no event shall Firelink and Firelink Ltd. be liable for any direct or indirect, incidental or special, consequential or punitive damages including but not limited to the loss of profits or revenues, loss of sales or business, loss or damage to the data resulting from the use, misuse or inability to use the Services, or as a result of reliance on and using the information displayed on the Site and through the Service. The Company shall not be liable for any damages and loss resulting from any claims and demands about the violation of these Terms of Use or the third party’s rights. The Company shall be relieved of any responsibilities for any damages caused by changing, modifying or maintaining the Service by anyone other than Firelink or Firelink Ltd. agents.

In no event shall the Company be liable for any damage, delay or failure of the Service performance resulting from direct or indirect acts of the forces out of the Company’s control, including but not limited to the Internet failures, computer and telecommunication equipment failures, employees strikes, riots, materials shortages, natural disasters (fires, storms, floods), governmental actions, non-performance of third parties. The Company shall not be liable for the damages resulting from the direct intentional or unintentional actions of the third parties, and the User actions that conflict with these Terms of Use. The Company is not liable for any offensive, breaching, illegal or infringing conduct of other Users and third parties, including but not limited to the matters related to the Site and Services, third party sites, programs, viruses, software and transaction failures.