Terms of Use

These Terms of Use (the “Terms”) are a binding agreement between you and Firedance Multimedia LLC (“Firedance,” “we,” “us,” or “our”). They govern your access to and use of the website at firedance.io (the “Site”), the Firedance mobile and desktop applications (the “App”), the FirePod hardware and its embedded software and firmware (“FirePod”), and related services (together, the “Services”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old, or the age of majority where you live, to accept these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind it, and “you” includes that organization.

2. Pre-release Services

Some of the Services, including FirePod and the App, may be offered in pre-release, preview or beta form. Information on the Site about features, compatibility, availability, pricing and timing describes our plans only. It is subject to change, is not an offer, and is not a commitment to deliver any product or feature. Pre-release Services are provided without any commitment to support or continue them.

3. Accounts

Some features may require an account. You agree to provide accurate information, to keep your credentials confidential, and to be responsible for activity under your account. Notify us promptly of any unauthorized use. We may suspend or close accounts that violate these Terms.

4. License to use the App and FirePod

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App, and to use the software and firmware in FirePod, for your own non-commercial use. The App and FirePod software are licensed, not sold. Except as the law does not allow us to restrict, you may not copy, modify, distribute, sell, lease, reverse engineer, decompile or attempt to extract the source code of the Services, or remove any proprietary notices.

5. Hardware and purchases

Purchases of FirePod or other products, including pricing, shipping, returns and warranty, are governed by the sale terms presented at the time of purchase. If there is a conflict between those terms and these Terms, the sale terms control for the purchase.

6. Updates

We may provide updates to the App and FirePod software or firmware, which may add, change or remove features. Some updates may be required for the Services to keep working or to remain secure. Updates are covered by these Terms unless they come with separate terms.

7. Third-party services and devices

The Services work with products and services that we do not own or control, such as music services, smart lights, smart-home platforms, wireless standards and your home network. Your use of them is governed by their own terms and policies. We do not guarantee that any third-party product or service will be compatible with, or continue to work with, the Services, and we are not responsible for them. Third-party names and marks belong to their owners. They are used only to identify compatibility and do not indicate endorsement or affiliation.

8. Acceptable use

You agree not to:

• violate any law, regulation or the rights of others;
• interfere with, disrupt, overload or attempt to gain unauthorized access to the Services, our systems, or other users’ accounts or devices;
• use automated means to access or submit information to the Services, other than as we permit;
• submit information that is false, misleading or belongs to someone else without their permission;
• circumvent any security, access or usage restriction; or
• use the Services in any way that could cause harm to people or property.

9. Safety

Lighting that changes with sound can include rapid flashing, strobing and color changes, which may trigger seizures in people with photosensitive epilepsy or other sensitivities. You are responsible for configuring and using lighting effects appropriately for the people around you. Install, connect and use all lights, power supplies and electrical equipment according to their manufacturers’ instructions and applicable safety standards.

10. Your content and feedback

You retain ownership of the content and information you submit. You grant us a worldwide, non-exclusive, royalty-free license to use it as needed to operate and provide the Services. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

11. Intellectual property

The Services, including all software, designs, text, graphics, images, product drawings, the Firedance name and logo, and related intellectual property, are owned by Firedance or its licensors and protected by law. Except for the limited rights expressly granted in these Terms, no rights are granted to you.

12. Privacy

Our Privacy Policy explains how we handle personal information. By using the Services, you agree to that handling.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, secure or error-free, or that any defects will be corrected. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law, Firedance and its affiliates, officers, employees and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to the Services or these Terms, however caused. To the maximum extent permitted by law, our total liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim arose and one hundred U.S. dollars (US$100). Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Firedance and its affiliates, officers, employees and licensors from claims, liabilities, damages and expenses, including reasonable legal fees, arising out of your misuse of the Services or your violation of these Terms or of any law or third-party right.

16. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Services. Provisions that by their nature should survive termination will survive, including those on intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.

17. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Firedance is organized, without regard to conflict-of-law rules. Any dispute arising from them or the Services will be resolved in the courts of that jurisdiction, and you consent to their jurisdiction and venue, except where applicable law gives you the right to bring a claim in your home jurisdiction. Before filing a claim, you agree to contact us and try in good faith to resolve the dispute informally.

18. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above shows when they last changed. If we make material changes, we will provide notice as required by law. Your continued use of the Services after changes take effect means you accept the revised Terms.

19. General

These Terms, together with the Privacy Policy and any additional terms that apply to a specific product or purchase, are the entire agreement between you and Firedance about the Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent. We may assign them freely. Nothing in these Terms creates a partnership, agency or employment relationship.

20. Contact

For questions about these Terms, contact Firedance through the contact details provided on firedance.io, or by replying to any email we send you.