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Terms of Use

Website Terms of Use
Version 1.0
Last revised on: November 1st, 2022

The website located at Firmpilot.com (the “Site”) is a copyrighted work belonging to FirmPilot, LLC (“Company”, “us”, “our”, and “we”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site.  By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  you may not access or use the Site or accept the Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

please be aware that section 10.2 of THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  • 8.              Term and Termination.   Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

    1.   These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    1. Please read this Section 10.2 (sometimes referred to herein as this “Arbitration Agreement”) carefully.  It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
      1. Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
      1. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 100 NW 6th St, , Miami, Florida 33136.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
      1. Arbitration Rules.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Authority of Arbitrator.  The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Company.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
    • Waiver of Jury Trial.  YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) (Applicability of Arbitration Agreement) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Florida.  All other disputes, claims, or requests for relief shall be arbitrated.30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Hello@firmpilot.com, within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.Severability.  Except as provided in Section 10.2(f) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.Modification.  Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: Hello@firmpilot.com.Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.Disclosures.  Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.Electronic Communications.  The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.
    • Copyright/Trademark Information.  Copyright © 2022 FirmPilot, LLC. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Address: 1900 NE Miami Ct
Suite 211 Miami FL, 33139

Email: Hello@Firmpilot.com

 

FirmPilot AI Terms of Use 

Last Updated: February 4, 2026

1. Welcome

Welcome to FirmPilot.com! FirmPilot AI, Inc. (“we,” “us,” “ours,” or “FirmPilot”) provides the FirmPilot AI marketing engine and our related services (the “Services”).

You are a user (“you,” “your,” “yours,” or “User”) granted access to the Platform (as defined below). These Terms of Use set forth the legally binding terms and conditions that govern your use of the Platform (these “User Terms”).  By accessing or using the Platform, you are accepting the User Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these User Terms (on behalf of yourself or the entity that you represent). 

Please review these User Terms carefully. By using the Platform and the Services, you agree to all of the terms and conditions in these User Terms and they become a binding legal commitment between you and FirmPilot.  Sometimes in these User Terms we refer to you and us a “party” or together, the “parties.” There are other defined terms throughout these User Terms. You can tell if a term is being defined if it has quotation marks around it. Defined terms are capitalized when used again in the User Terms, except for when we refer to you/your/yours, us/we/ours, or party/parties.

IN THESE USER TERMS, YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL AS PROVIDED IN SECTION 7.  

We reserve the right to update or modify these User Terms at any time without prior notice. We encourage you to visit this page regularly for any changes.

2. The Services and the FirmPilot Property 

Our Ownership of the Services and the FirmPilot Property

We own all of the following, which we sometimes collectively call the “FirmPilot Property”: 

  • The Services;

  • The “Platform,” which means the electronic systems, applications, and internet sites of FirmPilot, including https://firmpilot.com and others, and through which we offer and provide the Services;

  • The “FirmPilot Content,” which means content or other information created, derived, owned, or licensed by FirmPilot that we make available in connection with the Services or on the Platform; and

  • “Usage Data,” which means any technical data or other information collected, created, derived, or aggregated by us about the use or performance of the Services or the Platform. 

Between you and us, we own all right, title, and interest to the FirmPilot Property, all components and derivative works of the FirmPilot Property, all improvements to the FirmPilot Property, all Feedback (defined in Section 3 below), and the copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the FirmPilot Property. We reserve all rights in the FirmPilot Property not expressly granted to you in these User Terms. You acquire no ownership interest, derivative work, or component of the FirmPilot Property through your use of it. You are not granted right, title, or interest to use any trademark, service mark, logo, or trade name of FirmPilot.

Errors, Inaccuracies, and Omissions

The Services, the Platform, or the FirmPilot Content may contain typographical, technical, photographic, or other errors, inaccuracies, or omissions. We do not guarantee that the FirmPilot Content or any other information contained in the Services or on the Platform is accurate, complete, or current.  We have the right, but not the obligation to correct any errors, inaccuracies, or omissions. 

Changes 

You acknowledge that the Services, the Platform, or the FirmPilot Content, including any feature, may be updated, removed, or otherwise be subject to change in our sole discretion and without notice to you. You agree that we will not be liable to you or any third party for any change, suspension, or discontinuance of the Services, the Platform, the FirmPilot Content, or any feature of them. 

Third-Party Links and Services 

The Services and Platform may include links, integrations, or connections to third-party websites, applications, services, or content. This inclusion does not imply review or endorsement by us; you proceed at your own risk when you use a third-party website, application, service, or content. We do not warrant, and are not responsible for, the services, products, statements, or claims made by or about a third party, or the actions or omissions of any third party. You must review and comply with any third-party terms of service or other provisions.

3. Your Use of the Services

Your Permitted Use

You must be 18 years of age or older to access or use the Services. As a parent or guardian, you may provide or make available personal information of your children to us via the Services, and, by doing so, you agree and consent to our collection and use of your children’s information.  

You represent that you are 18 years of age or older and that you are authorized to use the Services. You must comply with all of the terms and conditions contained in these User Terms while you access or use the Services, the Platform or any other FirmPilot Property. Should you object to any terms and conditions of these User Terms, including if you do not agree with any update or change to these User Terms or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Services, the Platform, or such other FirmPilot Property.

Feedback and Comments

We encourage you to submit Feedback to us.  “Feedback” means any suggestion, enhancement request, recommendation, correction, change, or other feedback regarding the Services, the Platform, or other FirmPilot Property. We also collect Usage Data about the use and performance of the Services. We own all Feedback, all Usage Data, as well as all improvements, modifications, and changes to the FirmPilot Property based on such Feedback or Usage Data. You assign us all right, title, and interest to any Feedback provided to us and Usage Data collected by us. To the extent that we require further rights, you grant us an exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, sublicensable (through multiple tiers of distribution), and worldwide license to access, store, process, use, copy, modify, remove, translate, display, perform, publish, disclose, distribute, transfer, sublicense (through multiple tiers of distribution), and export Feedback provided by and Usage Data collect from you, in any form or medium, without restriction. We have no obligation to pay any compensation for Feedback or Usage Data. You may not repost, republish, or redistribute Feedback or Usage Data. We have the right, but do not assume any responsibility to review, screen, or approve Feedback.  You are responsible for the accuracy and legality of any Feedback you make. We take no responsibility and assume no liability for any Feedback posted or transmitted by you, other users, or third parties. 

Content You Submit via the Services 

When you upload or submit content or information (such as data, text, audio, video, or images) in connection with the use of the Services and/or the Platform at any time (excluding Usage Data and Feedback) (collectively, “User Content”), you hereby grant FirmPilot a worldwide, perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed.  If you post User Content to the website, unless we indicate otherwise, you grant FirmPilot and its affiliates a worldwide, nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers of distribution) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Platform and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these User Terms and will not violate any rights of or cause injury to any person or entity . We are not responsible or liable for the User Content, including the accuracy, quality, integrity, legality, reliability, and appropriateness of the User Content.

We may delete any and all User Content at the conclusion of the Services. We have no duty to store or backup the User Content.  Any use of the Platform in violation of the foregoing violates these User Terms and may result in termination or suspension of your right to use the website. We reserve the right to restrict or remove any User Content posted or stored on the website at any time and for any reason without notice.

WE ARE NOT ATTORNEYS OR LEGAL ADVISORS AND WE DO NOT PROVIDE ANY LEGAL ADVICE OR OTHER PROFESSIONAL ADVICE.

Privacy Policy  

Please review our Privacy Policy for more information on how we collect and use personal information. 

Prohibited Uses

You shall not do any of the following in connection with the Services or the Platform:  

  • Decompile, disassemble, or reverse engineer the Services or the Platform, or attempt to obtain or perceive the source code from which any component of the Services or the Platform is compiled or interpreted.

  • Duplicate or create any derivative product from the FirmPilot Property or any component of the FirmPilot Property.

  • License, sublicense, lease, resell, or transfer any of the FirmPilot Property to a third party or allow third parties to gain access to the FirmPilot Property.

  • Access the FirmPilot Property if you are a direct competitor of us, access the FirmPilot Property for a competitive purpose, or provide any FirmPilot Property, directly or indirectly, to any competitor of ours (including any screenshots of the Services or reports regarding the Services).

  • Remove any copyright, trademark, or other proprietary notions from the FirmPilot Property.

  • Transmit material containing viruses, malware, or other harmful or deleterious computer code, files, scripts, agents, or programs through the Services or the Platform.

  • Interfere with or disrupt the integrity or performance of the Services or the Platform.

  • Attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services or the Platform.

  • Conduct any denial of service (DoS) attack on the Services or the Platform or otherwise attempt to disrupt, disable, or overload the Services or the Platform.

  • Attempt to gain access to the Services or the Platform by automated means, such as bots.

  • Attempt to gain unauthorized access to the Services, the Platform, or the computer systems or networks related to the Services or the Platform.

  • Create a false identity or attempt to mislead others as to your identity or the identity of the sender or the origin of any data or communications.

  • Use the Services or the Platform to violate any law or rights of others.

  • Interfere with another person’s use and enjoyment of the Services or the Platform.

  • Use or export the FirmPilot Property in violation of US export laws and regulations.

Suspension or Termination of Your Access and Removal of Content

We may suspend or terminate your access to the Services or remove any content, including User Content, you submit immediately and indefinitely if we, in good faith, believe: that you have materially breached any provision of these User Terms;  that you are using the Services in a manner that threatens the security, integrity, or reliability of the Services;  that there has been unauthorized access or fraud related to your access to the Services; or that the provision of the Services (or a portion thereof) will expose us or you to legal, regulatory, or compliance risk.

4. Your Access to the Services

You may create or obtain access credentials (for example, username and password) to access certain features of the Services or the Platform. You must have unique access credentials. You may not share access credentials with another user or any third party. You are responsible for maintaining the confidentiality of your access credentials. You agree to use prudent and reasonable efforts to prevent unauthorized access to or use of the Services or the Platform. You will notify us immediately of any unauthorized access to or use of your access credentials or the Services. We have no liability to you for any unauthorized access to or use of your access credentials or the Services caused by your acts, omissions, or breach of these User Terms.

You agree that the Services are a tool for retrieving, analyzing, and managing User Content and are not a storage system or other system of record for User Content. You are responsible for extracting and backing up User Content onto your networks and systems on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your User Content. We will not be responsible for any backup, recovery, or other steps to ensure User Content is recoverable in the event of a data loss. We expressly disclaim any obligations with respect to storage of User Content.

5. No Warranties

YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISKS IN CONNECTION WITH YOUR USE OF THE SERVICES AND THE PLATFORM. THE SERVICES, THE PLATFORM, THE FIRMPILOT PROPERTY, AND ANY OTHER CONTENT, DATA, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU OF ANY KIND IN CONNECTION WITH THE SERVICES AND THE PLATFORM, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We expressly disclaim any warranties of system integration, non-interference, absence of any defects (whether latent or patent), or security of data.  We do not warrant or make any representations concerning the accuracy, completeness, quality, usability, or reliability of information or materials provided in connection with our Services, found on our Platform, or linked to our Platform. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through our Services or our Platform. We make no warranty or representation on the basis of trade usage, course of dealing, or course of performance. We do not warrant or represent that the Services, or any other materials, data, software, products, or services provided under these User Terms or on the Platform will meet your requirements, comply with applicable law, generate enforceable obligations, or that the operation of them will be uninterrupted, error-free, or that all errors will be corrected. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.  We are not responsible for any delays, delivery failures, or other damages resulting from such problems. 

6. Limitations on Liability

ALL OF THE LIMITATIONS ON LIABILITY IN THIS SECTION 6, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLY (A) REGARDLESS OF THE THEORY OF LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE; (B) REGARDLESS OF THE CAUSE OF THE DAMAGES, INCLUDING NEGLIGENCE; (C) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (D) WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR ANY REMEDIES HAVE FAILED THEIR ESSENTIAL PURPOSE; AND (E) TO ANY CLAIMS YOU MAY BRING AGAINST ANY THIRD PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT THIRD PARTY FOR SUCH CLAIM.

WE HAVE NO LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES (OR OTHER MONETARY RELIEF) AGAINST US TO DIRECT AND ACTUAL DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM US. WE HAVE NO LIABILITY FOR DAMAGES RELATED TO: unauthorized access to, loss, or theft of your information or data, lost profits, costs of delay, failure of delivery, business interruption, costs of procurement of substitute goods, services, or technology, or personal injury or death. We have no liabilities to third parties arising from any source. 

WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. You agree that we are not liable for delays, problems, or damages caused by you, another user, or a third party, by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics), or by any criminal activity by someone unrelated to us.

YOU AGREE TO LIMIT THE AMOUNT OF DAMAGES PAYABLE BY US. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FIRMPILOT, OUR AFFILIATES, AND OUR THIRD-PARTY PROVIDERS, LICENSORS, OR SUPPLIERS TO YOU ARISING OR RELATING TO SERVICES, THE PLATFORM, THESE USER TERMS OR OUR PRIVACY POLICY IS $100.

YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. To the fullest extent permitted by law you and we each agree that all claims related to the Services, the Platform, these User Terms, or our Privacy Policy must be brought within two (2) years of the date the claim arises (even if applicable law provides for a longer statute of limitations).

YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations on liability in this Section 6 constitute an important part of these User Terms and are among the reasons you and we are willing to enter into the agreements in these User Terms.

7. Disputes and Claims

Informal Dispute Resolution 

If you have a dispute with or claim against us, you must give us an opportunity to resolve your claim informally by sending a written description of your claim to hello@firmpilot.com. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any court proceeding unless you and we are unable to resolve the claim within sixty (60) days after we receive our claim description and you have made a good faith effort to resolve your claim directly with us during that time.

Court Proceedings; JURY TRIAL WAIVER 

Court proceedings must be brought in the state or federal courts located in either (x) Miami-Dade County, Florida or (y) the state or jurisdiction in which you reside, but not outside of the United States. EACH OF YOU AND WE HEREBY VOLUNTARILY AND IRREVOCABLY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THESE USER TERMS OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THESE USER TERMS. 

Injunctive Relief

You and we acknowledge and agree that a breach by you of your responsibilities under Sections 3 or 4 of these User Terms could cause us irreparable harm for which monetary damages would not be an adequate remedy. You and we agree that, in the event of such breach or threatened breach, that we will be entitled to equitable relief, including, without limitation, a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.  These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

Notice and Procedure for Making Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (as amended and/or supplemented from time to time, the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Services or Platform or the FirmPilot Content infringe upon your copyright rights, you may request that the material be removed or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Your notice or counter-notice to us must include all of the following: 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed upon.

  • A description where the material that you claim is infringing is located in the Services on the Platform.

  • Your address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices and counter-notices must meet the statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before submitting a notice or counter-notice. Please be aware that there can be substantial penalties for false claims. DMCA notices and counter-notices for the Services or Platform should be sent to: hello@firmpilot.com. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

8. General

Choice of Law

These User Terms are governed by the laws of the state of Delaware, without regard to the conflicts of laws rules. 

Notices

You may deliver notices to us by email to hello@firmpilot.com. If you are commencing a legal proceeding against us, we do not accept notice or service via email and you must serve us with legal process as required by applicable law. We may deliver notices to you via email, mail, or electronic means using your contact information or by posting the notice in the Services or on the Platform. Electronic notices are considered delivered when sent or posted. Postal notices shall be considered delivered three (3) days after mailing.  Notices delivered by a nationally recognized courier (for example, UPS and FedEx) are considered delivered when received.

Electronic Communications and Signatures (E-Sign) Consent

We may need to provide you with certain communications, notices, agreements, or disclosures (“Communications”) in writing regarding the Services. You agree and consent to receive Communications electronically from us, our affiliates, and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You also acknowledge and agree that you have the ability to receive Communications electronically. You may withdraw your consent to receive Communications electronically at any time by sending us notice specifying your request at the email address in the Notice Section above. If you choose to withdraw your consent, we may terminate your access to the Services. 

Third-Party Beneficiaries

Our third-party providers, licensors, and suppliers and our affiliates are considered to be third-party beneficiaries of these User Terms solely to the extent necessary for them to enforce any protections afforded them by these User Terms, except as otherwise provided in these User Terms. There are no other third-party beneficiaries to these User Terms. 

Assignment 

You are prohibited from assigning these User Terms to a third party without the prior written consent of us. We may assign these User Terms and/or our rights and obligations under these User Terms, in whole or in part, without notice to you or your consent: (i) in connection with a merger, acquisition, corporate reorganization or sale of substantially of all our assets, or (ii) to an affiliate of ours. Subject to the foregoing restrictions on assignment, these User Terms will bind and inure to the benefit of your and our respective successors and permitted assigns. 

Waiver

You and we cannot waive any provision of these User Terms except in a writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these User Terms or any of our rights is not a waiver of any provision or right.

Severability

If any part of these User Terms is held invalid or unenforceable, that part may be severed from these User Terms to the minimum extent necessary to cure such invalidity or unenforceability.

Amendment

We reserve the right to amend these User Terms at our discretion and at any time. When we do, we will post the revised User Terms on the Platform or in the Services with a new “Last Updated” date. We may, but are not required to, also provide you with notice of the amended User Terms via any others means we consider reasonable, including, without limitation, email. Your continued use of the Services or the Platform following the posting of changes (or other notice we provide in our sole discretion) constitutes your acceptance of such changes. We may, but are not required to, also provide you with alternative means of accepting any changes to or amended version of these User Terms. We encourage you to visit this page regularly for any changes.