Please read these Terms carefully because they are a legally binding agreement between you and Firmly and they govern your use of the Firmly website available at https://www.firmly.ai/ and the Firmly proprietary, cross-web, intelligent checkout solution (collectively, the "Platform"). When you register to use the Platform, or you access the Platform through Facebook or other online channels, you are agreeing to be bound by these Terms.

These Terms will also be displayed during checkout with participating merchants ("Merchants") as a reminder. If you do not agree to be bound by these Terms, you are not permitted to use the Platform. In addition, you represent that you are at least 18 years old and capable of entering into a legally binding agreement. Firmly is not liable for the use of the Platform by, or for any content or advertisements viewed by, minor children in violation of these Terms.

1. What is Firmly?

Firmly works with Merchants to offer customers a convenient way to purchase goods and services by simplifying the checkout process. If you checkout using Firmly with any of the participating Merchants, you will be automatically enabled for faster checkout for all other participating Merchants. All your information needed to checkout will automatically be populated for you the next time you place an order and you will be able to see all your past orders across the Merchants in one place.

2. Information

You agree to comply with all applicable laws, including with respect to all information you may receive from Firmly.

3. No Endorsement

All text, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials available through the Platform (the "Content") are provided for informational and transactional purposes only. In displaying any Content, Firmly relies on third-party sources that Firmly has not vetted. Your reliance on the Platform or the Content is at your own risk. Firmly does not endorse or warranty any product, service, opinion, or other information that may be referenced on or obtained through the Platform.

4. Access to the Platform

Subject to your acceptance of and compliance with these Terms, Firmly grants to you a non-exclusive, non-transferable, revocable limited license to use the Platform and associated Content for your personal non-commercial use. You agree not to use the Platform for any other purpose, or to download, save, copy or distribute the Content that is not owned by or contributed by you except strictly in connection with your proper use of the Platform or as specifically allowed in these Terms.

5. Ownership of Intellectual Property

Unless otherwise specified in writing, all Content and other materials that are part of the Platform are copyrighted under U.S. copyright law and/or similar laws of other jurisdictions. The name "Firmly" and the Firmly logos are trademarks of Firmly and may not be used without the express written permission of Firmly.

You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Firmly or the relevant Merchant, as applicable. You agree to include, and to not remove or alter, Firmly's trademark, copyright or other proprietary rights notices, as provided by Firmly on or in connection with the Platform.

6. Transactions with Merchants

Whenever you submit a payment using the Platform, Firmly will transmit information regarding your payment method ("Payment Method") to the Merchant or its designated payment processor. The Merchant will then charge your Payment Method and get started on fulfilling your order.

You agree that, except as described in these Terms, Firmly has no involvement in the transactions between you and the Merchant and that all transactions facilitated through the Platform are solely between you and the Merchant. Firmly is not a party to purchase and sale transactions between you and the Merchant and is not responsible for any issues regarding your Payment Method or the transaction between you and the Merchant, including authentication, authorization, processing, chargebacks, purchases, exchanges, returns, refunds, rewards, awards, or other activities.

7. Use of Payment Method

Your use of your Payment Methods through the Platform will at all times be subject to the terms of any cardholder agreement(s) you may have agreed to. You agree to use the Platform only in accordance with applicable law and not for any illegal or fraudulent purposes, or purposes that conflict with these Terms.

Only the cardholder authorized to use the card pursuant to the cardholder agreement between you and the issuer may use the Platform. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 18 USE THE PLATFORM.

At this time, we will be supporting only credit and debit cards as payment instruments. In the future, other payment methods may be supported.

8. Suspending or Terminating Your Access to the Platform

Firmly reserves the right to suspend or terminate your access to the Platform (a) if you breach these Terms; (b) to comply with a legal requirement or order from a court or regulatory agency; (c) if your use of the Platform causes harm to us or a third party.

9. Disclaimers; Limitations; Waivers of Liability

10. Release

You forever release and discharge Firmly from, and covenant not to sue Firmly for, any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of Firmly or otherwise, in connection with your use of the Platform or your interaction with any party through or as a result of the Platform.

11. Indemnification

You agree to defend, indemnify and hold harmless Firmly from and against all liability, claims, actions and expenses, including attorneys' fees and costs, arising out of your use of the Platform or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms.

12. Term and Termination

These Terms will remain in effect as long as you use the Platform (and for any applicable survival period). The privileges granted to you under these Terms will terminate immediately and automatically without notice from Firmly if, in Firmly's sole discretion, you fail to comply with any term or provision of these Terms or for any reason in Firmly's sole discretion.

13. Governing Law, Informal Dispute Resolution, and Arbitration

14. Third-Party Sites and Products

We may include links to third-party sites or services, or information about third-party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, you should review the terms of use and privacy policies of all sites and services linked to from or referred to by our Platform.

15. Additional Terms

You agree not to:

• interfere or attempt to interfere with the operation or use of the Platform in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs;
• reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or interfere with any security feature of the Platform;
• deliberately mislead anyone as to your identity, impersonate another, or allow another person or entity to use your identity in order to access the Platform;
• use any automated activity with the purpose of obtaining Content, information or data from the Platform, unless you receive the express written permission of Firmly.

16. Communications Decency Act Notification

Pursuant to 47 U.S.C. § 230(d) as amended, Firmly hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Information identifying providers of such protection is available at the following links:

• http://staysafeonline.org/stay-safe-online/
• https://consumer.ftc.gov/articles/parental-controls

17. Copyright Policy; Objectionable Content

If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Platform, please contact us promptly so we can evaluate the claim and take appropriate action.

18. Changes to These Terms

We reserve the right, in our sole discretion, to substitute, change, cancel or add to any part of these Terms at any time, except for Section 14(c), which can only be amended by mutual written agreement of both you and Firmly. We will use reasonable efforts to provide you with notification of any material changes by email, postal mail, website posting, pop-up screen, or in-service notice.

19. Statute of Limitations

You and Firmly both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or the claim will be forever barred.

20. Questions

If you have any questions about these Terms, including your rights hereunder, or if you have any complaints or claims, please contact: