Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between you and Simon Says Technology LLC, doing business as WarnFire (“WarnFire,” “we,” “us,” or “our”). They govern access to and use of the WarnFire websites, hosted incident-response service, application programming interfaces, documentation, integrations, support, and mobile applications (collectively, the “Service”).
If you use the Service for an organization, you represent that you have authority to bind that organization. In that case, “you” and “Customer” refer to the organization. If you do not agree to these Terms, do not access or use the Service.
1. Eligibility and accounts
You must be legally able to enter into these Terms and comply with applicable law. You must provide accurate account information and keep it current. You are responsible for protecting credentials, integration keys, devices, and recovery methods associated with your account and for activity performed through accounts you authorize.
Workspace owners and administrators may invite users, assign roles, configure responders and contact methods, connect systems, and control workspace data. Customer is responsible for those decisions and for obtaining any notices, permissions, or consents needed to provide responder information and configure communications.
2. Right to use the Service
Subject to these Terms and payment of applicable fees, WarnFire grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription or authorized evaluation period to access and use the Service for Customer’s internal incident-response activities. Customer may authorize its personnel and contractors to use the Service on its behalf and remains responsible for their compliance with these Terms.
Authorized use includes use of published APIs, integration keys, webhooks, mobile applications, and supported automation. No right is granted to resell the Service, provide it as a service bureau, or make it available to an unrelated third party unless WarnFire agrees in writing.
3. Customer data and confidential information
Customer retains its rights in information submitted to or generated through the Service, including incident content, responder information, configuration, and activity history (“Customer Data”). Customer grants WarnFire a limited right to host, process, transmit, display, and otherwise use Customer Data as necessary to provide, secure, maintain, support, and improve the Service and to comply with law.
Customer represents that it has the rights and permissions needed for Customer Data and its use through the Service. Customer should limit sensitive information in free-form incident fields and must not submit information whose processing would require WarnFire to enter into a legal or regulatory agreement that WarnFire has not signed. WarnFire does not offer a HIPAA business associate agreement, and the Service must not be used to process protected health information when a business associate agreement is required.
Each party will use reasonable care to protect non-public information received from the other party and will use it only to perform or exercise rights under these Terms. This obligation does not apply to information that is public through no breach, was already lawfully known, is independently developed, or is lawfully received without confidentiality obligations. A party may disclose information when required by law after giving notice when legally permitted.
4. Incident response and notification delivery
WarnFire coordinates incident information, schedules, escalation policies, and notifications. Delivery depends on networks, carriers, device platforms, third-party providers, recipient configuration, and other systems outside WarnFire’s control. WarnFire does not guarantee that any notification will be delivered, received, read, acknowledged, or acted upon within a particular time.
Customer must maintain accurate responder and escalation configuration, test its workflows, and use appropriate fallback procedures. The Service is not an emergency-dispatch, public-safety, medical, or life-safety service and must not be the sole means of communication where delayed or failed delivery could cause death, personal injury, or material property damage.
Recipients who expressly opt in may receive recurring, non-marketing operational SMS messages. Message frequency varies with incident activity. Message and data rates may apply. Reply STOP to opt out or HELP for assistance. Consent to receive SMS is not a condition of purchasing WarnFire. Customer may not configure SMS or voice communications without the recipient permissions required by law and carrier rules.
5. Plans, limits, and paid channels
Plans may include limits on users, events, active incidents, notification volume, paid-channel credits, or other resources. Current plan features, allowances, rate limits, credit weights, and prices are published on the pricing page or stated in an order accepted by WarnFire. We may enforce those limits to protect service reliability and control provider spend.
Included monthly allowances reset at the stated interval and do not carry over. Purchased prepaid credits roll over while the workspace remains active, have no cash value, cannot be transferred between customers, and are not refundable except where required by law. Push and email treatment, paid-channel grace, and send limits are described on the pricing page. Third-party carrier behavior may cause a message to use more than one segment or credit.
6. Subscriptions and billing
Paid subscriptions renew automatically for successive billing periods until canceled. By starting a paid subscription, you authorize WarnFire and its payment provider to charge the payment method on file for subscription fees, applicable seat changes, prepaid-credit purchases you request, auto-recharge purchases you enable, and taxes.
Subscription charges are billed in advance. Seat additions may be charged on a prorated basis when they occur, and seat decreases may produce a credit applied according to the billing interface and current pricing terms. If you enable auto-recharge, WarnFire may purchase the pack you selected when the configured threshold is reached, subject to the displayed safeguards.
You may cancel through the billing portal. Cancellation stops future renewals and takes effect as shown when you cancel. Unless required by law or expressly stated otherwise, payments and prepaid-credit purchases are non-refundable. A free evaluation does not become paid unless an authorized user affirmatively starts a paid subscription.
You must keep billing information current. We may suspend paid features or the workspace after payment failure, subject to any displayed recovery period. Enterprise orders or another agreement signed by both parties may contain different commercial terms; those terms control to the extent of a conflict.
7. Acceptable use
You may not use the Service to violate law or the rights of others; access systems or data without authorization; send unlawful, deceptive, abusive, or unsolicited communications; distribute malware; probe or disrupt the Service except through an authorized security-testing program; evade rate, plan, credit, or access limits; share credentials outside their intended scope; reverse engineer proprietary portions of the Service except where a restriction is prohibited by law; or submit content you lack authority to process.
8. Third-party services
The Service may connect to third-party monitoring, collaboration, communications, identity, billing, cloud, and mobile-platform services. Your use of a third-party service is governed by your agreement with its provider. WarnFire is not responsible for a third party’s systems, terms, availability, security, or changes. You authorize WarnFire to exchange information with a connected service as needed to provide the integration you configure.
Mobile applications obtained through an application store are also subject to that store’s terms. Unless a custom end-user license applies, Apple’s standard licensed application end-user license agreement applies to the iOS application.
9. Ownership and feedback
WarnFire and its licensors own the Service, documentation, software, designs, and related intellectual-property rights. Except for the limited rights granted in these Terms, each party retains its rights. If you provide suggestions or feedback, you grant WarnFire a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or obligation.
10. Privacy, security, and deletion
The Privacy Policy explains how WarnFire processes personal information. We use administrative, technical, and organizational safeguards appropriate to the Service, but no service can guarantee complete security. Customer must promptly report suspected credential compromise or unauthorized use.
Authorized users may delete their accounts as described in the Privacy Policy. Deleting the last owner’s account deletes the workspace and cancels its subscription after the warnings and confirmations shown by the Service. Deletion is intended to be permanent, subject to limited retention required for security, fraud prevention, billing, dispute resolution, backups, or law.
11. Service changes and availability
We may maintain, update, add, remove, or change Service features. We will provide reasonable advance notice of a material reduction to paid functionality when practicable. We may make immediate changes when needed for security, legal compliance, provider changes, or service integrity.
Unless a signed order states otherwise, the Service has no service-level agreement, uptime guarantee, support-response commitment, or service credit. Preview or beta features may be changed or discontinued and may be less reliable than generally available features.
12. Suspension and termination
We may suspend or restrict access when reasonably necessary to address a security risk, unlawful activity, material breach, payment failure, risk to other customers, or harm to the Service. When practicable, we will give notice and an opportunity to cure. We may terminate these Terms for an uncured material breach or if continued service would violate law.
You may stop using the Service at any time and may cancel a paid subscription as described in Section 6. Upon termination, your right to use the Service ends. Sections that by their nature should survive will survive, including provisions concerning payment obligations, ownership, confidentiality, disclaimers, indemnity, liability, disputes, and general terms.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WARNFIRE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WARNFIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT A NOTIFICATION OR INTEGRATION WILL SUCCEED.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
14. Indemnification
To the extent permitted by law, Customer will defend and indemnify WarnFire and its officers, employees, and agents from third-party claims, damages, and reasonable costs arising from Customer Data, Customer’s unlawful or unauthorized use of the Service, Customer’s violation of these Terms, or Customer’s violation of another person’s rights. WarnFire will promptly notify Customer of a covered claim, allow Customer to control the defense and settlement, and reasonably cooperate at Customer’s expense. Customer may not settle a claim in a way that admits fault by or imposes obligations on WarnFire without WarnFire’s written consent.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARNFIRE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS CUSTOMER PAID WARNFIRE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) $100.
These exclusions and limits allocate risk between the parties and apply even if a limited remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited.
16. Binding individual arbitration
Informal resolution first. Before starting arbitration, the claimant must send a written notice describing the claimant, account or workspace, facts, legal basis, requested relief, and contact information to support@warnfire.com with the subject “Notice of Dispute.” WarnFire will send notices to the email associated with your account. The parties will try in good faith to resolve the dispute for 30 days after receipt.
Agreement to arbitrate. Except for the exceptions below, you and WarnFire agree that every dispute or claim arising out of or relating to these Terms, the Service, or communications between us will be resolved by binding individual arbitration administered by JAMS under its rules applicable to the dispute. The Federal Arbitration Act governs this arbitration agreement. Questions about the scope or enforceability of this arbitration agreement will be decided by the arbitrator, except that a court will decide questions concerning the class-action waiver.
Procedure and fees. Arbitration may be conducted through written submissions, by telephone or video, or in person as permitted by the applicable JAMS rules. A consumer may choose an in-person hearing in the county of the consumer’s billing address. Fees and costs will be allocated under the applicable JAMS rules and Consumer Minimum Standards. The arbitrator may award any individual relief available in court and must provide a reasoned written decision.
Exceptions. Either party may bring an individual action in small-claims court if it qualifies; seek relief from a government agency; or seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, credentials, or service security while arbitration is pending.
No class or representative actions. YOU AND WARNFIRE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. Unless every affected party agrees in writing, the arbitrator may not combine claims or preside over a representative proceeding.
Thirty-day opt-out. You may opt out of this arbitration agreement by emailing support@warnfire.com with the subject “Arbitration Opt-Out” within 30 days after first accepting these Terms. Include your full legal name, account email, workspace name if applicable, and a clear statement that you opt out of arbitration. Opting out will not affect the other Terms or your access to the Service.
Effect of unenforceability. If the prohibition on class or representative arbitration is found unenforceable for a particular claim or request for relief, that claim or request will proceed in court after the remaining individual claims are arbitrated. If this entire arbitration agreement is found unenforceable or you validly opt out, disputes will be resolved by a court with jurisdiction, and each party waives a jury trial to the extent permitted by law.
17. Changes to these Terms
We may update these Terms. We will post the revised date and provide reasonable notice of material changes through the Service or the email associated with your account. Changes apply prospectively. If you continue using the Service after the stated effective date, you accept the updated Terms. If you do not agree, you must stop using the Service and cancel any subscription before the change takes effect.
18. General terms
These Terms, the Privacy Policy, the pricing and plan terms incorporated above, and any signed order or additional terms accepted by both parties form the entire agreement concerning the Service. A signed order controls over these Terms when it expressly says so. You may not assign these Terms without our consent, except in connection with a merger or sale of substantially all assets. WarnFire may assign these Terms in connection with a reorganization, merger, acquisition, or sale of assets.
Except for the Federal Arbitration Act as applied in Section 16, these Terms are governed by the laws of the State of California without regard to conflict-of-law principles. Any court proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in Riverside County, California, and each party consents to their personal jurisdiction.
Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective. Headings are for convenience. Electronic notices and acceptance satisfy writing and signature requirements to the extent permitted by law.
19. Contact
WarnFire is a DBA of Simon Says Technology LLC. Questions, legal notices, and support requests may be sent to support@warnfire.com or mailed to Simon Says Technology LLC, 30141 Antelope Road, Suite D-135, Menifee, CA 92584.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.