1. Acceptance of Terms
By accessing or using FIRY ("Platform" or "Service"), namely firy.io and its additional domains and subdomains, a service of Mercano Global SRL (ID: RO43621443), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Your Account
To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update this information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account. When you create an account, you agree to comply with these Terms and that you’re over 18 and legally able to enter these Terms with us.
If you think your account has been compromised, please contact us immediately. You must not assign or transfer your account to someone else or use your account (or allow it to be used by anyone) in a way which in our reasonable opinion, causes damage to FIRY or our reputation, or infringes another’s rights or applicable laws and regulations.
You may not use as a username/Name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You may not register a username or create Biolinks with the purpose of selling it, or in any other way "squat" or "park" a username/Biolink. Failure to comply may result in your account being suspended.
If issues emerge over the use of existing usernames/Biolinks, for example where another individual/company claims that your username appropriates their name/brand, we will consider the circumstances fairly and might require you to alter your username. Failure to comply may result in your username/Biolink being automatically reassigned.
3. User Responsibilities
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
- Content Compliance: You are solely responsible for the Content you create, upload, link to, or otherwise make available via our services. You agree not to use our services for any unlawful or abusive purposes, or for promoting illegal activities.
- Prohibited Activities: You agree not to misuse our services, including but not limited to spamming, distributing malware, posting – obscene, indecent, inappropriate, defamatory, disparaging, seditious, offensive, pornographic, threatening, violent, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of rights, confidence or privacy – content, or violating any applicable laws.
We are under no obligation to regularly monitor the accuracy, reliability or compliance of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
Your Content may have its consumers and visitors (End Users). How the End Users use and communicate with your Content (as distinct from our commitments to you regarding the FIRY Service itself) is exclusively your responsibility. This responsibility consists of compliance with all laws and policies about End Users, and the supply of products or services (if any) to End Users.
4. Personal Data
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal data in compliance with GDPR.
FIRY and Mercano Global SRL acknowledge and agree to comply with the applicable legislation in terms of personal data protection, namely the European General Data Protection Regulation (The GDPR) no. 2016/679 with regards to the Platform users.
5. Payments and Subscriptions
- Pricing: Our services may be offered as free or paid one-time/recurring subscriptions. Details on pricing and subscription plans are available on our website. FIRY, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
- Billing: Payment for subscriptions will be charged either one-time or on a recurring basis as per the chosen plan and/or payment method. You agree to pay all fees associated with your account in a timely manner. FIRY may suspend, downgrade or terminate the Service if fees are past due. Failure to pay fees or Renewal Fees when due may lead to termination, cancellation or suspension of the Service.
- Refunds: We offer free options for our services, so customers can use and test them before purchasing a paid package. Because of these free options, refunds are generally not offered, though we may make an exception for paid plan cancellations within 24 hours (contact us).
- Disputes: The customer agrees that he/she needs to contact FIRY support prior to opening any Disputes, in order to try and solve out their issues. Opening a Dispute without contacting FIRY support beforehand may result in account/services suspension or termination. Fraudulent payments/chargebacks will result in immediate account/service suspension or termination, and FIRY will provide all client/order information to the proper authorities.
6. Termination
We reserve the right to suspend or terminate your account or access to our services at our sole discretion, without notice or liability, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Please be aware that you won't receive a refund for any fees paid in advance. We won't be responsible for any content that is lost as a result of your account being suspended, canceled or downgraded to a free account (including where functionality that you previously had under a paid account is lost).
7. Intellectual Property
- Ownership: All domains, content, trademarks, service marks, and logos on the site are the property of FIRY and our group companies, and are protected by intellectual property laws.
- User Content: By submitting content through our services, you grant FIRY a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display such content.
8. Disclaimer of Warranties
Our services are provided "as is" and "as available" without any warranties, either express or implied. We do not guarantee that our services will be uninterrupted, error-free, or completely secure.
This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9. Limitation of Liability
To the fullest extent permitted by applicable law, FIRY or our group companies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
You agree and accept that we cannot be held liable for and do not guarantee: (a) the continuous availability of the Service and/or FIRY Website; (b) the response time of the Service and/or the FIRY Website.
We want to clarify that we are not responsible for how you use the Platform, and it’s crucial that you maintain backups of your own content. We are not liable for any damages resulting from actions such as downloading, installing, or utilizing the Platform, or even copying, distributing, or downloading content from it. It’s on you to ensure your data, content, and devices are adequately protected and backed up while using the Platform.
10. Indemnification
You agree to indemnify, defend, and hold harmless FIRY, its group companies, affiliates, officers, agents, employees, and licensors from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees), arising out of or in connection with your use of the services, your violation of these Terms, or your violation of any rights of another.
11. Third-party Links, Sites, and Services
Our Service may contain links to third-party web sites or services that are not owned or controlled by FIRY and Mercano Global SRL.
FIRY and Mercano Global SRL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that FIRY and Mercano Global SRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12. Changes to Terms
We may modify these Terms at any time. We will provide notice of such changes by updating the “Last Updated” date and, where appropriate, by other means. Your continued use of the services after the changes have been posted constitutes your acceptance of the new Terms.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Romania. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Romania.
14. Contact Information
- If you have any questions about these Terms, please contact us at support@firy.io
- For Abuse Reports, please use the dedicated form here.