Terms of Service

These Terms of Service (the “Terms”) are a binding contract between you and FIREmodeling LLC (“FIREmodeling,” “we,” or “us”) covering your use of firemodeling.com and the planning application, APIs, and related services we provide through it (together, the “Service”). Our Privacy Policy is incorporated into and forms part of these Terms.

In these Terms, “you” means the person using the Service. If you are using the Service on behalf of a company or other legal entity, “you” means that entity, and you represent that you have authority to bind it to these Terms.

BY CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

THE SERVICE IS A FINANCIAL MODELING AND EDUCATIONAL TOOL. IT IS NOT FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE, AND ITS PROJECTIONS ARE ILLUSTRATIVE ESTIMATES, NOT PREDICTIONS. SEE SECTION 9.

ARBITRATION NOTICE: SECTION 13 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS BY FOLLOWING THE INSTRUCTIONS IN SECTION 13.4.

1. Eligibility and accounts

1.1 Age. You must be at least 18 years old to use the Service. By using it, you confirm that you are.

1.2 Your account. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity that occurs under your account. Tell us promptly at support@firemodeling.com if you believe your account has been accessed without your authorization.

1.3 Availability and support. We will use commercially reasonable efforts to keep the Service available and to respond to support requests, but we do not commit to any specific uptime or response time unless we have agreed to one in a separate written agreement with you.

2. Plans, fees, and renewal

2.1 Free and paid tiers. The Service includes a free tier and a paid subscription tier. The features and price of each tier are described on our pricing page, which is incorporated by reference. We may change what each tier includes, but we will not reduce what you have already paid for during a term you have paid for.

2.2 Billing. Paid subscriptions are billed in advance for the subscription period shown at checkout (the “Billing Cycle”). Payments are processed by Stripe; we do not store your full card details. Fees are exclusive of taxes, and you are responsible for any sales, use, or value-added taxes other than taxes on our income. If a payment fails, we may suspend access to paid features until the balance is settled.

2.3 Free trial. If we offer you a free trial, we collect your payment method at signup and do not charge it until the trial ends. At the end of the trial your subscription converts automatically to a paid subscription at the then-current fee unless you cancel first. We will remind you before the trial converts.

2.4 AUTOMATIC RENEWAL. YOUR PAID SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING CYCLE AT THE THEN-CURRENT FEE UNTIL YOU CANCEL. YOU CONSENT TO THESE RECURRING CHARGES WHEN YOU COMPLETE YOUR PURCHASE.

2.5 Cancellation and refunds. You may cancel at any time from your account settings or by emailing support@firemodeling.com. Cancellation takes effect at the end of the current Billing Cycle; you keep paid access until then, after which your account reverts to the free tier. Except where refunds are required by law, fees are non-refundable and we do not prorate partial Billing Cycles.

2.6 Price changes. We may change our fees. We will give you at least 30 days’ notice by email before an increase takes effect, and the new price will apply no earlier than your next Billing Cycle. If you do not want to continue at the new price, you may cancel before it takes effect. Continuing to use paid features after that date means you accept the new price. Where applicable law requires your affirmative consent to a material price increase, we will obtain it before charging you.

3. Your content

3.1 Ownership. “Your Content” means the plans, figures, assumptions, notes, and other information you enter into the Service. As between you and us, Your Content is yours. We claim no ownership of it.

3.2 License to operate the Service. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, and display Your Content solely to provide, secure, back up, and support the Service for you, and to do so for as long as your account exists. This license exists so that we can run the product; it does not permit us to sell Your Content or use it to market to third parties.

3.3 Third-party information. If you enter information about another person, such as a spouse, partner, or dependent, you confirm you are permitted to do so and are responsible for any notices or consents required. Do not enter information you are not authorized to share.

3.4 Backups. We take reasonable measures to preserve Your Content, but you are responsible for keeping your own copies of anything you cannot afford to lose. Export tools are available in the Service.

4. Acceptable use

We grant you a limited, revocable, non-transferable, non-sublicensable right to access and use the Service for your own planning purposes, subject to these Terms. You will not:

• share your account credentials or let anyone else use your account
• copy, modify, translate, or create derivative works from the Service
• resell, rent, sublicense, or otherwise make the Service available to a third party, except as permitted in Section 5
• reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service, except to the extent applicable law expressly permits it
• scrape the Service, access it through an unapproved interface, or circumvent any rate limit, paywall, or access control
• interfere with the operation, integrity, or security of the Service or the infrastructure it runs on
• use the Service to build or train a competing product or service
• use the Service for anything unlawful, fraudulent, deceptive, or infringing

5. Professional use

If you use the Service in a professional capacity, including providing financial planning, coaching, or advisory services to clients (“Professional Use”), the following also applies. You may share outputs of the Service with your clients, but you may not give them access to your account.

You represent that you hold every license, registration, and authorization your services require under applicable federal and state law, and that your use of the Service complies with the rules that govern you, including those on investment advice, suitability, fiduciary duty, and client disclosure. You are solely responsible for independently reviewing every output before you rely on it or present it to a client, for making all disclosures your regulator requires, and for not presenting any projection as a guaranteed outcome. We do not supervise, verify, or monitor your compliance, and providing the Service to you creates no oversight or fiduciary obligation on our part.

6. Our intellectual property

The Service, including its simulation engine, models, interfaces, and all intellectual property rights in them, belongs to FIREmodeling and its licensors. These Terms grant you a right to use the Service, not any ownership interest in it. All rights we do not expressly grant are reserved.

If you send us feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate them without obligation to you. You are not required to send us feedback.

7. Privacy, security, and usage data

7.1 How we handle your data. We process Your Content to provide and support the Service, as described in our Privacy Policy. We do not sell Your Content, and we do not connect to your bank or brokerage accounts or ask for those credentials — you decide what figures to enter.

7.2 Security. We maintain administrative, technical, and organizational safeguards designed to protect Your Content against unauthorized access, disclosure, alteration, and loss. We may update those safeguards over time, provided we do not materially weaken overall protection. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur.

7.3 Service providers. We use third-party providers to operate the Service, including hosting, database, payment, and email providers. They may process Your Content only to provide services to us, and we remain responsible for their handling of it under these Terms.

7.4 Incidents. If we confirm an unauthorized access to or disclosure of Your Content that compromises its security or confidentiality, we will notify you without undue delay to the extent the law permits, with the information we reasonably have. Notifying you is not an admission of fault or liability.

7.5 Usage data. We collect technical and usage data about how the Service is used — logs, device and performance data, and feature usage statistics. We may use this to operate, secure, analyze, and improve the Service, and to produce aggregated statistics, provided that data used this way does not identify you or any individual.

7.6 Your privacy rights. Depending on where you live, you may have rights to access, correct, delete, or port your personal information, or to object to certain processing. To exercise them, email support@firemodeling.com. We will not discriminate against you for exercising these rights.

8. Confidentiality

If either of us shares non-public business or technical information with the other in connection with the Service, the receiving party will protect it with at least reasonable care, use it only for purposes of these Terms, and disclose it only to people who need it and are bound by similar obligations. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it without restriction, was rightfully received from a third party, or was independently developed. Either party may disclose information where the law or a court requires it, after giving the other party notice where legally permitted.

9. Disclaimers

9.1 Not financial, tax, or legal advice

THE SERVICE IS A MODELING AND EDUCATIONAL TOOL. EVERY PROJECTION, CHART, SCORE, AND SUGGESTED STRATEGY IT PRODUCES IS ILLUSTRATIVE, IS DERIVED FROM ASSUMPTIONS AND FIGURES YOU SUPPLY, AND IS NOT A PREDICTION, GUARANTEE, OR REPRESENTATION OF ANY FUTURE FINANCIAL OUTCOME. ACTUAL RESULTS WILL DIFFER, POSSIBLY BY A LARGE MARGIN.

FIREMODELING IS NOT A REGISTERED INVESTMENT ADVISER, BROKER-DEALER, ACCOUNTING FIRM, OR LAW FIRM, AND NOTHING IN THE SERVICE IS FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE OR A RECOMMENDATION TO BUY, SELL, OR HOLD ANY SECURITY OR PRODUCT. TAX CALCULATIONS ARE ESTIMATES BASED ON RULES THAT CHANGE AND THAT MAY NOT MATCH YOUR CIRCUMSTANCES. YOU SHOULD CONSULT A QUALIFIED FINANCIAL, TAX, OR LEGAL PROFESSIONAL BEFORE ACTING ON ANYTHING YOU SEE IN THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS.

9.2 Service provided as is

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ANY DATA, REPORTS, OR EXPORTS IT PRODUCES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ITS CALCULATIONS OR UNDERLYING DATA ARE ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

9.3 Third-party services

The Service links to and integrates with services we do not control. We are not responsible for their content, security, or practices, and your use of them is governed by their own terms.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIREMODELING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SAVINGS, INVESTMENT LOSSES, TAX PENALTIES, BUSINESS INTERRUPTION, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

These limits apply even if a limited remedy fails of its essential purpose, and they are an essential part of the bargain between us: our pricing reflects them. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you, and nothing here limits liability that cannot be limited by law, including liability for fraud.

11. Indemnification

You will defend, indemnify, and hold harmless FIREmodeling and its officers, members, employees, and agents from any third-party claim, and any resulting damages, losses, and reasonable attorneys’ fees, arising out of or relating to your use of the Service, Your Content, your breach of these Terms, your Professional Use under Section 5, or your violation of any law or third-party right. We will notify you of the claim, let you control the defense (you may not settle in a way that admits our fault or binds us without our written consent, which we will not unreasonably withhold), and cooperate reasonably at your expense.

12. Term, suspension, and termination

12.1 Term. These Terms apply for as long as you use the Service.

12.2 Your right to end. You may stop using the Service and delete your account at any time from your account settings or by emailing support@firemodeling.com.

12.3 Our right to end. We may suspend or terminate your access on at least 30 days’ notice, or immediately and without notice if you breach these Terms or applicable law, or if your continued access poses a security or legal risk.

12.4 What happens after. On termination, your license to use the Service ends and any fees already accrued remain payable. We will give you at least 30 days to export Your Content, and will delete it within 60 days after termination except where we are required to retain it by law or a valid legal order, or where it exists in routine backups that expire on their normal schedule. Sections that by their nature should survive — including Sections 3.1, 6, 8, 9, 10, 11, 13, and 14 — survive termination.

13. Dispute resolution and arbitration

READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND LIMITS HOW YOU CAN SEEK RELIEF, UNLESS YOU OPT OUT UNDER SECTION 13.4. IT DOES NOT APPLY TO THE EXCEPTIONS IN SECTION 13.6.

13.1 Talk to us first. Before starting an arbitration or filing a claim, send a written notice describing your name, address, email, the nature and basis of your claim, and the relief you want, to support@firemodeling.com or to our mailing address in Section 15. We will do the same before bringing a claim against you. If we cannot resolve it within 30 days, either of us may begin arbitration.

13.2 Binding arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by confidential, binding arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for entities), as modified by this section. The arbitration will be held in the county where you live, or remotely if you prefer; if your claim is $10,000 or less, it will be decided on written submissions unless you or the arbitrator ask for a hearing. The arbitrator decides all issues, including arbitrability, and may award any remedy a court could award on an individual basis.

13.3 No class actions. Claims must be brought individually. Neither of us may bring a class, collective, consolidated, or representative action, and the arbitrator may not preside over one.

13.4 How to opt out. You may reject this arbitration agreement within 30 days of first accepting these Terms by emailing support@firemodeling.com with your full name, mailing address, the email on your account, and a clear statement that you are opting out of arbitration. Opting out costs you nothing, does not affect your use of the Service, and leaves the rest of these Terms in force; disputes will then be resolved in the courts identified in Section 14. This right is available to individuals only.

13.5 Fees. If you begin an arbitration, you pay the consumer filing fee and we pay the remaining AAA fees and the arbitrator’s costs. If we begin one, we pay all of them. If the arbitrator finds a claim or requested remedy frivolous or brought for an improper purpose, they may reallocate fees as the AAA rules allow.

13.6 Exceptions. Either of us may bring an individual action in small claims court, seek injunctive relief in court to protect intellectual property or in aid of arbitration, or pursue relief through a government agency where that route is available.

13.7 Enforceability. This section is governed by the Federal Arbitration Act. If any part of it is found unenforceable, that part is severed and the rest remains in effect, except that if the class-action waiver in Section 13.3 is found unenforceable as to a particular claim, that claim proceeds in court under Section 14 while any individual claims remain in arbitration.

14. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the UN Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration, and for enforcing an arbitration award, you and we consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. Nothing in this section deprives you of the protection of mandatory consumer laws in the place you live.

15. General

15.1 Changes to these Terms. We may update these Terms. If a change is material, we will notify you by email or by posting a notice in the Service before it takes effect, and it will take effect on the earlier of your acceptance or the start of your next Billing Cycle. If you do not agree, stop using the Service and cancel before the change takes effect.

15.2 Changes to the Service. We may modify or discontinue features, and will use reasonable efforts to give advance notice of material changes. If we discontinue a paid feature mid-term, your sole remedy is a prorated refund of the unused portion of what you paid for it.

15.3 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

15.4 Entire agreement; severability. These Terms and the Privacy Policy are the entire agreement between us about the Service and supersede any prior discussions. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stays in effect. Our failure to enforce a provision is not a waiver of it. “Including” means “including without limitation,” and section headings are for convenience only. We are independent contractors; these Terms create no partnership, agency, or employment relationship.

15.5 California residents. Under California Civil Code § 1789.3, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15.6 Contact. Questions about these Terms, and all legal notices, go to support@firemodeling.com, or by mail to FIREmodeling LLC, [MAILING ADDRESS].

FIREmodeling is a planning and educational tool. Its projections depend entirely on the assumptions and figures you enter, and no projection is a guarantee of any future result. Consult a qualified professional who understands your full situation before making financial decisions.