Terms of service
Effective Date: December 31, 2024 - Version: 1.0
1. Services
Amplifire shall provide the Services to Customer and its authorized users. Amplifire's ability to provide the Services is contingent upon the proper functioning of its systems, facilities, and equipment. If necessary, an authorized affiliate of Amplifire may provide the Services.
2. Acceptable Use Policy
The Services must be used in accordance with Amplifire's Acceptable Use Policy, available at Amplifiresolutions.com/terms-aup.
3. Disclaimer of Warranties and Liability
AMPLIFIRE PROVIDES SERVICES "AS IS" AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
AMPLIFIRE MAKES NO WARRANTY REGARDING: (i) THE UNINTERRUPTED OR ERROR-FREE PROVISION OF SERVICES, INCLUDING 911 CALLS; (ii) NETWORK SECURITY, ENCRYPTION, OR DATA INTEGRITY; (iii) THE EFFECTIVENESS OF SECURITY PROCEDURES IN PREVENTING DATA LOSS, ALTERATION, OR UNAUTHORIZED ACCESS; OR (iv) THE INTEROPERABILITY OF SERVICES WITH CUSTOMER OR THIRD-PARTY APPLICATIONS, EQUIPMENT, OR NETWORKS.
AMPLIFIRE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (i) SERVICE DEFECTS, DELAYS, ERRORS, OR INTERRUPTIONS, INCLUDING 911 CALL INTERRUPTIONS (EXCEPT AS EXPRESSLY PROVIDED HEREIN); (ii) LOST OR ALTERED TRANSMISSIONS; OR (iii) UNAUTHORIZED ACCESS, THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER OR THIRD-PARTY DATA, APPLICATIONS, CONTENT, OR SYSTEMS.
4. Limitation of Liability
AMPLIFIRE'S LIABILITY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED TO THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION, OR IF NONE, THE TOTAL NET CHARGES FOR THE AFFECTED SERVICE DURING THE BREACH PERIOD.
THIS LIMITATION DOES NOT APPLY TO DAMAGES FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY AMPLIFIRE'S NEGLIGENCE OR WILLFUL MISCONDUCT.
ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED "AS IS." NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES.
5. Indemnification
Customer shall indemnify and hold harmless Amplifire, its Affiliates, and their respective employees, directors, subcontractors, and suppliers from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of Customer's or a User's use of the Services.
6. General Provisions
This Agreement and related proposals are confidential. Public disclosure requires written consent, except as required by law.
Each party shall comply with applicable laws and privacy regulations. Amplifire shall ensure its personnel globally protect Customer Personal Data.
Customer shall encrypt sensitive data if confidentiality is required. Customer is responsible for obtaining necessary consents for data sharing.
This Agreement grants no third-party rights. Governing law is Georgia.
7. Definitions
"Affiliate" means an entity controlling, controlled by, or under common control with a party.
"Customer Personal Data" means personally identifiable information that Customer makes accessible to Amplifire for the Services.