Terms of Service Agreement
Last Updated: June 12th, 2024
Welcome to Firminy Solutions, LLC! These Terms of Service ("Terms") govern your use of our cybersecurity assessment and awareness services ("Services"). By subscribing to and using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By subscribing to our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. Firminy Solutions, LLC reserves the right to update and change these Terms at any time without notice.
2. Services
Firminy Solutions, LLC provides cybersecurity assessment and awareness services to small and medium-sized businesses. Our Services include but are not limited to security assessments, incident management readiness, and employee awareness. Detailed descriptions of our Services can be found on our website.
3. Subscription and Payment
Annual Subscription: Our Services are provided on an annual subscription basis.
Payment: The subscription fee is due at the beginning of each subscription period. Payment methods accepted are listed on our website.
Renewal: Subscriptions will automatically renew at the end of each subscription period unless canceled by the subscriber at least 30 days before the renewal date.
4. Money-Back Guarantee
Firminy Solutions, LLC offers a 60-day money-back guarantee for new subscriptions. If you are not satisfied with our Services within the first 60 days, you may request a full refund. Refund requests should be submitted in writing to subscriptions@firminysolutions.com.
5. User Responsibilities
Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Compliance: You agree to use our Services in compliance with all applicable laws and regulations.
6. Intellectual Property
All content and materials provided by Firminy Solutions, LLC, including but not limited to text, graphics, logos, and software, are the intellectual property of Firminy Solutions, LLC and are protected by applicable intellectual property laws.
7. Limitation of Liability
Neither Firminy Solutions, LLC will have any liability to customer or any third party for any loss of profits, sales, business, data or other incidental, consequential, or special loss or damage, including exemplary and punitive damages, of any kind or nature resulting from, or arising out of, this agreement, the subscription services, any professional services or any support services rendered hereunder. The total liability of Firminy Solutions to Customer or any third party arising out of this agreement, the subscription services, any professional services or any support services rendered hereunder for any and all claims or types of damages will not exceed the total fees paid or payable hereunder by customer for the subscription services, any professional services or any support services as to which the liability services, and any support services as to which the liability relates, in the twelve (12) months prior to the first event giving rise to liability.
8. Disclaimers
Except for the limited warranties in this section: (a) the subscription services are provided “as is,” with all faults, and without warranties of any kind; and (b) Firminy Solutions, LLC expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, quiet enjoyment, quality of information, title, non-infringement, and fitness for a particular purpose. Firminy Solutions, LLC does not warrant that the operation of the subscription services will be uninterrupted or error-free or that defects in the subscription services will be corrected. No oral or written information, marketing, or promotional materials, or advice given by Firminy Solutions, LLC or Firminy’s authorized representatives will create a warranty or in any way increase the scope of the express warranties provided herein. Customer acknowledges that training content is for general information purposes only and that Firminy is not a law firm, nor does it provide any professional or advisory services. The information presented is not legal advice and is not to be acted on as such. The subscription services may contain the trade names or trademarks of various third parties and, if so, any such use is for illustrative and educational purposes only. All subscription services and company names are property of their respective owners. Use or display of the trademarks does not imply any affiliation with, endorsement by, or association of any kind between such third parties and Firminy Solutions, LLC.
The subscription services may be used to access and transfer information over the internet. Customer acknowledges and agrees that Firminy Solutions, LLC and its third party service providers do not operate or control the internet and that: (a) viruses, worms, trojan horses, or other undesirable data or software; or (b) unauthorized users (e.g., hackers) may attempt to obtain access to, and damage, customer data, websites, computers, or networks. Firminy Solutions, LLC will not be responsible for those activities. Further, each party disclaims all liability and indemnification obligations for any harm or damages caused by any third party hosting providers. Customer is solely responsible for its actions using features or components of the subscription services that integrate with customer’s information technology systems and acknowledges that Firminy Solutions, LLC is not responsible for: (i) customer’s actions within its systems using such features or components; (ii) for customer’s backups of its information technology systems; and/or (iii) customer’s compliance with applicable law.
9. Termination
Firminy Solutions, LLC reserves the right to terminate your subscription and access to our Services at any time, with or without cause, and with or without notice.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law principles.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Firminy Solutions, LLC
Email: support@firminysolutions.com
Phone: 617.249.4505
Address:117 Kendrick Street, Suite 300, Needham, MA 02494