1. Agreement to Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and FireAlerted (“Company,” “we,” “us,” or “our”), governing your access to and use of the firealerted.com website (the “Website”) and the fire incident monitoring and data delivery service (the “Service”).
By accessing the Website, subscribing to the Service, or otherwise using any aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website or Service.
If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Description of Service
FireAlerted provides a fire incident monitoring and data delivery service designed for fire restoration companies and related businesses. The Service includes:
- 24/7 Fire Monitoring: Automated monitoring of fire dispatch activity within your designated monitoring zone(s) using proprietary methods and data sources.
- Incident Scoring: AI-powered severity scoring of fire incidents based on factors including responding unit count, incident type, and property characteristics.
- Property Classification: AI-assisted classification of affected properties by type using public records and artificial intelligence.
- Address Validation: Correction and validation of property addresses using publicly available government records and databases.
- Owner Research: Retrieval of publicly available property owner contact information through our proprietary research processes.
- Data Delivery: Delivery of packaged fire incident data to your designated phone number(s) via the agreed-upon communication channel(s).
- Dispatch Communication Analysis: Collection, transcription, and AI-powered analysis of publicly available emergency dispatch communications (when available).
- On-Demand Updates: Ability to request extended follow-up updates on active fire incidents using reference codes provided in data deliveries.
- SMS Alert Service: As part of the Service, FireAlerted sends fire incident alert notifications via SMS to phone numbers provided and consented to by subscribed clients. Message frequency varies based on incident activity in your service area. Msg & data rates may apply. To opt out, reply STOP to any message. For help, reply HELP or contact us at support@firealerted.com.
3. Subscription and Billing
3.1 Subscription Plans
Access to the Service requires a paid subscription. Plans, pricing, and coverage are as described on our Website or as agreed upon in a separate service agreement.
3.2 Billing Cycle
Subscriptions are billed monthly beginning on the date of activation. Payment is due at the beginning of each billing cycle. We reserve the right to change pricing with thirty (30) days' written notice.
3.3 Payment Methods
We accept credit card, debit card, and other methods as available through our payment processor.
3.4 Non-Payment and Account Forfeiture
Important: If payment is not received within five (5) calendar days of the due date, your Service will be immediately disconnected and your account will be forfeited. All monitoring will cease, your assigned zone(s) will be released, your account data will be permanently deleted, and no refunds or credits will be issued. Resuming service requires a new application at then-current pricing.
3.5 No Refunds
Due to the nature of the Service (real-time data monitoring and delivery), subscription fees are non-refundable once a billing cycle has begun. If you cancel, the Service will remain active through the end of the current paid billing period.
4. Data Exclusivity and Ownership
4.1 Exclusive Monitoring Zones
When you subscribe and are assigned monitoring zones, those specific agency zones are exclusive to you for the duration of your active subscription. Exclusivity applies only to the specific fire agencies assigned to your account.
4.2 Release of Exclusivity
Exclusive assignments are released upon cancellation, account forfeiture due to non-payment, termination by us, or your written request.
4.3 Your Data
All fire incident data delivered to you through the Service is yours. We do not claim any ownership interest in the packaged data once it has been delivered to you.
4.4 No Resale
You may not resell, redistribute, sublicense, or commercially share the raw data with third parties operating competing services. You may share individual incident data with your employees, contractors, and subcontractors.
5. Client Responsibility for Data Use
Important: Our clients are independent businesses. Once packaged data is delivered to a client, that client assumes full and sole responsibility for how they use, store, disclose, share, and act upon the information. Each client is independently and exclusively responsible for ensuring that their use of the data complies with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), state telemarketing laws, Do Not Call regulations, CAN-SPAM Act, consumer protection statutes, and any other applicable privacy, communication, or data protection regulations.
FireAlerted does not control, direct, supervise, monitor, or approve how our clients use the data we provide. We make no representations or warranties regarding any client's compliance with applicable laws. FireAlerted shall not be held liable for any misuse of data by any client or any third party.
6. Acceptable Use
6.1 Permitted Use
The Service is intended for use by legitimate fire restoration, remediation, and related service businesses to identify and contact property owners affected by fire incidents.
6.2 Prohibited Uses
You agree not to use the Service or any information obtained through the Service to:
- Engage in harassment, stalking, intimidation, or abuse.
- Make false, misleading, or deceptive representations to property owners.
- Violate the TCPA, CAN-SPAM Act, or any applicable laws.
- Engage in predatory, fraudulent, or unethical business practices.
- Attempt to reverse-engineer the Service's data sources, algorithms, or methods.
- Attempt to identify or directly contact our data sources or technology partners.
- Share your Service credentials or allow unauthorized access.
- Use automated systems or bots not expressly authorized by us.
- Use the Service for any illegal purpose.
6.3 Compliance With Laws
You are solely responsible for ensuring that your use of the data complies with all applicable laws and regulations.
7. Service Availability and Limitations
7.1 No Guarantee of Completeness
We do not guarantee that every fire incident will be detected or that every data package will include complete property owner contact information.
7.2 Data Accuracy
Data is provided on an “as-available” basis. We do not independently verify the accuracy of all information and cannot guarantee that property owner contact information is current, AI-generated assessments are accurate, or severity scores reflect actual damage extent.
7.3 Service Uptime
We aim for continuous 24/7 monitoring but do not guarantee uninterrupted service. We are not liable for disruptions due to maintenance, third-party outages, infrastructure failures, or force majeure events.
7.4 Geographic Availability
The Service is available across the United States where our data sources and monitoring capabilities permit. Coverage varies by region and is confirmed during onboarding.
8. Intellectual Property
8.1 Company Property
The Website, Service, and all associated technology, software, algorithms, methods, branding, and content are the exclusive property of FireAlerted.
8.2 Trade Secrets
The specific data sources, collection methods, processing algorithms, and technologies constitute confidential trade secrets. You agree not to attempt to discover, reverse-engineer, or disclose any proprietary methods.
8.3 Feedback
If you provide feedback or suggestions, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use and incorporate such feedback.
9. Disclaimers
9.1 The service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
9.2 We do not guarantee that use of the service will result in any particular number of data deliveries, business opportunities, contracts, or revenue.
9.3 AI systems may produce inaccurate, incomplete, or misleading results. AI-generated content is for informational purposes only.
10. Indemnification
You agree to indemnify, defend, and hold harmless FireAlerted from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to:
- Your use of the Service or any data obtained through the Service.
- Your outreach to or communications with property owners.
- Your violation of these Terms or any applicable law.
- Your violation of any third party's rights.
- Any claim by a property owner or third party arising from your business practices.
- Any claim arising from the actions of your employees, agents, or contractors.
11. Limitation of Liability
11.1 In no event shall FireAlerted be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the service.
11.2 Our total cumulative liability shall not exceed the total amount you have paid in subscription fees during the three (3) months immediately preceding the event.
11.3 You acknowledge that these limitations are an essential element of the agreement and that the service would not be provided at current pricing without them.
12. Termination
12.1 Termination by You
You may cancel your subscription at any time by contacting us at support@firealerted.com or through your account dashboard. Cancellation takes effect at the end of your current paid billing period.
12.2 Termination by Us for Cause
We may suspend or terminate your access immediately if you breach these Terms, engage in prohibited uses, fail to pay, or if required by law.
12.3 Termination by Us for Convenience
We may terminate your subscription upon fifteen (15) days' written notice, with a pro-rated refund of unused subscription fees.
12.4 Effect of Termination
Upon termination, your access ceases, exclusive agency assignments are released, and you retain ownership of all previously delivered data.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by the laws of the State of Florida.
13.2 Informal Resolution
Before filing formal proceedings, you agree to attempt informal resolution by contacting us at legal@firealerted.com.
13.3 Arbitration
If informal resolution fails within thirty (30) days, disputes shall be settled by binding arbitration administered by the American Arbitration Association in Orange County, Florida.
13.4 Class Action Waiver
You and FireAlerted agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
13.5 Small Claims Exception
Either party may bring an individual action in small claims court in Orange County, Florida.
14. Modifications to Terms
We may modify these Terms at any time. Updated Terms will be posted on our Website. Your continued use of the Service constitutes acceptance of updated Terms. If you do not agree, your sole remedy is to cancel your subscription.
15. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FireAlerted regarding the Service.
- Severability: If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions continue in full force.
- Waiver: Our failure to enforce any right shall not be deemed a waiver.
- Assignment: You may not assign your rights without our prior written consent. We may assign our rights without restriction.
- Force Majeure: We shall not be liable for failures resulting from causes beyond our reasonable control.
- Notices: Notices to you will be sent to your account email. Notices to us should be sent to legal@firealerted.com.
- Independent Contractors: The relationship between you and FireAlerted is that of independent contractors.
16. Contact Us
If you have any questions about these Terms, please contact us at: