Introduction
Welcome to Pyro Inc. ("Pyro", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our services, including our website, applications, and hosting services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
Acceptance of Terms
By accessing or using the Services, you affirm that you are at least 18 years old, or the age of majority in your jurisdiction, and are fully able and competent to enter into and comply with these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Definitions
For the purposes of these Terms and all incorporated agreements, the following terms shall have the meanings defined below unless explicitly stated otherwise:
- Account: A registered user profile and associated credentials that grant access to the Services.
- Authorized User: Any individual or entity granted access to the Services through your Account, including your employees, agents, or contractors.
- Content: Any data, text, graphics, images, music, software, audio, video, information or other materials transmitted, stored, or processed using the Services.
- Customer Data: Any data, including personal data, that you or your Authorized Users upload, store, transmit, or process using the Services.
- Documentation: The technical specifications, user guides, and operational manuals provided by Pyro regarding the Services.
- Fees: All charges and payments required for use of the Services, including subscription fees, usage-based fees, and any additional charges.
- Infrastructure: The computing resources, including servers, storage, databases, networking equipment, and data centers used to provide the Services.
- Intellectual Property Rights: All patents, copyrights, trademarks, trade secrets, know-how, and any other intellectual property rights recognized in any jurisdiction worldwide.
- Service Credits: Credits issued pursuant to the Service Level Agreement for service unavailability or performance issues.
- Services: The cloud hosting, infrastructure, platform services, and related technologies provided by Pyro, including APIs, web interfaces, and technical support.
- Subscription Term: The period during which you have agreed to subscribe to the Services, including any renewal periods.
- User Content: Content uploaded, transmitted, or stored by you or your Authorized Users through the Services.
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such modifications shall become effective immediately upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of changes constitutes your acceptance of those changes.
Eligibility
The Services are intended solely for Users who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old and meet all the eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
Account Registration and Security
To access certain features of the Services, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
- Notify us immediately of any unauthorized use of your account.
Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations. You are responsible for all content that you upload, post, or otherwise transmit via the Services.
Acceptable Use Policy
Your use of the Services is subject to our Acceptable Use Policy, which outlines prohibited activities and content. Violation of the Acceptable Use Policy may result in immediate termination or suspension of your access to the Services.
Payment Terms
Certain features of the Services may require payment of fees. All fees are stated in U.S. dollars and are exclusive of taxes. You agree to pay all applicable fees and taxes in a timely manner with a valid payment method. We use third-party payment processors such as Stripe and PayPal. By submitting payment information, you grant us the right to provide such information to these third parties.
You agree that we may charge your payment method for any Services purchased and for any additional amounts (including taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees.
Refund Policy
Unless otherwise required by law, all fees are non-refundable. Any requests for refunds will be considered on a case-by-case basis and are at our sole discretion.
Intellectual Property Rights
All content and materials available on the Services, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Pyro or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. Unauthorized use of any materials may violate copyright, trademark, and other laws.
User Content
You retain all rights to any content that you upload or transmit through the Services ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving the Services.
You represent and warrant that you have the necessary rights to grant us this license and that your User Content does not violate any third-party rights or applicable laws.
License Grant
Subject to these Terms, Pyro grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely in accordance with these Terms and any documentation we provide. You may not use the Services for any purpose not expressly permitted by these Terms. All rights not expressly granted to you are reserved by Pyro and its licensors.
Termination
We may terminate or suspend your access to the Services, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may discontinue using the Services or contact us for assistance.
Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your use of the Services is at your sole risk.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Pyro, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services.
- Any conduct or content of any third party on the Services.
- Any content obtained from the Services.
- Unauthorized access, use, or alteration of your transmissions or content.
Indemnification
You agree to indemnify, defend, and hold harmless Pyro and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or in any way related to your violation of these Terms or your use of the Services.
Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, power failures, or internet disruptions.
Entire Agreement
These Terms constitute the entire agreement between you and Pyro regarding the Services and supersede and replace any prior agreements. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
Contact Information
If you have any questions about these Terms, please contact us at:
Pyro Inc.
16192 Coastal Highway
Lewes, Delaware 19958
United States
Email: support@pyro.host