Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, software products, platforms, and professional services (collectively, the “Services”) provided by FalconIgnite Technologies (“FalconIgnite,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.

If you do not agree to these Terms, you must not access or use the Services. Specific products or engagements may be subject to an additional order form, statement of work (“SOW”), or master services agreement (“MSA”), which prevails over these Terms to the extent of any conflict.

You must be at least 18 years old and capable of forming a binding contract to use the Services. Where account registration is required, you agree to provide accurate, current, and complete information and to keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at security@falconignite.com of any unauthorised use or suspected breach of security.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes. We may update, enhance, or modify the Services over time to improve functionality, performance, or security.

Professional services (such as custom software development, integration, and IT consulting) are delivered as described in the applicable SOW. Timelines and deliverables depend on your timely cooperation, including the provision of accurate requirements, access, and feedback.

You agree not to, and not to permit others to:

• Use the Services in violation of any applicable law, regulation, or third-party right;
• Reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by law;
• Copy, resell, sublicense, or commercially exploit the Services without our written consent;
• Upload or transmit malware, or interfere with the integrity, security, or performance of the Services;
• Attempt to gain unauthorised access to any systems, accounts, or data; or
• Use the Services to store or transmit unlawful, infringing, or harmful content.

We may suspend or terminate access for any violation of this section, with or without notice, to protect the Services and other users.

Fees for paid Services are set out in the applicable order form, SOW, or subscription plan. Unless stated otherwise, fees are exclusive of taxes, quoted in the agreed currency, and non-refundable except as expressly provided.

• Invoices are due within the period stated on the invoice. Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.
• We may suspend the Services for non-payment after providing reasonable notice.
• You are responsible for all applicable taxes, except taxes based on our net income.

The Services, including all software, designs, text, graphics, and related intellectual property, are owned by FalconIgnite or our licensors and are protected by intellectual property laws. Except for the rights expressly granted to you, we reserve all rights, title, and interest in and to the Services.

Custom development deliverables

For bespoke development engagements, ownership of custom deliverables transfers to you upon full payment, as specified in the applicable SOW. We retain ownership of our pre-existing materials, tools, frameworks, and know-how, and grant you a licence to use them solely as embedded in the deliverables.

Feedback

If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve our Services without obligation to you.

You retain all rights to data you submit to the Services (“Customer Data”). You grant us a limited licence to host, process, and transmit Customer Data solely to provide and support the Services. Our handling of personal data is described in our Privacy Policy, and, where we process personal data on your behalf, in a Data Processing Addendum. You are responsible for the accuracy and legality of Customer Data and for obtaining any necessary consents.

The Services may interoperate with, or contain links to, third-party products and services that we do not control. We are not responsible for the availability, content, or practices of those third parties, and your use of them is subject to their own terms and policies.

We will provide the Services with reasonable skill and care and substantially in accordance with the applicable documentation or SOW.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

You agree to indemnify, defend, and hold harmless FalconIgnite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Services in breach of these Terms, or your violation of applicable law or third-party rights.

These Terms remain in effect while you use the Services. Either party may terminate an engagement as set out in the applicable order form or SOW, or for material breach that remains uncured after a reasonable notice period.

Upon termination, your right to use the Services ceases. We will, on request and where technically feasible, make Customer Data available for export for a limited period, after which we may delete it in accordance with our retention practices. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

These Terms are governed by the laws of [State/Country], without regard to its conflict-of-laws principles. The parties will attempt to resolve any dispute in good faith. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts located in [State/Country], unless otherwise required by applicable law.

We may revise these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be directed to:

• FalconIgnite Technologies
• Legal: legal@falconignite.com
• General: contact@falconignite.com