Terms of Service

1. Acceptance of Terms

By accessing or using the EmberNet platform, website (embernet.ai), dashboard (dashboard.embernet.ai), or any related services (collectively, the "Services") provided by Fireball Industries, located at 1410 Highland Rd #1, Macedonia, OH 44056, United States ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

2. Description of Services

EmberNet is a secure industrial monitoring and automation platform designed for edge computing environments. The Services include, but are not limited to:

• The EmberNet dashboard for real-time operational monitoring
• Edge computing infrastructure deployment and management
• Industrial data collection, processing, and visualization
• Zero-trust networking and encrypted communications
• Per-site access management and data isolation
• Documentation, APIs, and developer resources

3. Account Registration

To access certain features of the Services, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to other systems or accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services to develop a competing product or service
• Resell, sublicense, or redistribute the Services without written authorization

5. Data Ownership and Responsibility

5.1 Your Data

You retain ownership of all data you submit to the Services ("Customer Data"), including industrial telemetry, operational metrics, and configuration data. We process Customer Data solely to provide the Services as described in our Privacy Policy.

5.2 Data Isolation

EmberNet isolates each customer site's data. Each site is logically separated and accessible only to authorized users within that site's organization. We do not share, analyze, or monetize Customer Data across sites.

5.3 Data Backup

While we implement reasonable backup procedures, you are responsible for maintaining independent backups of your critical data. We recommend implementing redundant data storage as part of your operational continuity plan.

6. Intellectual Property

The Services, including all software, designs, logos, trademarks, documentation, and content (excluding Customer Data), are the exclusive property of Fireball Industries and are protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Services except for the limited right to use them in accordance with these Terms.

7. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, deploy updates, or temporarily suspend access to the Services with reasonable advance notice when possible. Emergency maintenance may be performed without prior notice.

8. Fees and Payment

Certain features of the Services may require payment of fees. If applicable:

• Fees are set forth in your subscription agreement or order form
• All fees are non-refundable unless otherwise specified
• We reserve the right to change pricing with 30 days' written notice
• Failure to pay may result in suspension or termination of access

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIREBALL INDUSTRIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fireball Industries, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

Either party may terminate these Terms with 30 days' written notice. We may immediately suspend or terminate your access if you violate these Terms. Upon termination:

• Your right to access the Services ceases immediately
• You may request export of your Customer Data within 30 days
• We will delete your Customer Data within 90 days of termination, unless legally required to retain it
• Sections regarding liability, indemnification, and intellectual property survive termination

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Summit County, Ohio.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

15. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and Fireball Industries
• Severability: If any provision is found to be unenforceable, the remaining provisions remain in full force
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision
• Assignment: You may not assign these Terms without our prior written consent

16. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: info@fireballz.ai
• Phone: 1-855-693-7225
• Address: Fireball Industries, 1410 Highland Rd #1, Macedonia, OH 44056, United States
• Website: fireballz.ai