Terms of Service

2.1 Platform Overview

FireCOM Data Systems provides a fire code compliance data management platform that enables:

• Fire code inspectors employed by private inspection companies to upload fire code inspection reports
• Fire marshals employed by state and local governments to track and monitor fire code compliance within their jurisdictions

2.2 Scope of Service

The Platform is a data management and tracking system only. FireCOM does not conduct fire code inspections, verify inspection accuracy, or determine compliance status. The Platform supports tracking compliance for commercial properties in the United States.

2.3 Report Format

The Platform accepts fire code inspection reports in any format. FireCOM does not dictate or require specific fire code standards. Inspectors may upload reports based on NFPA codes, International Fire Code, state-specific codes, local jurisdiction codes, or any other applicable standards.

2.4 No Professional Services

FireCOM provides software tools only and does not provide professional fire safety inspection services, fire code consulting, or compliance advice. All inspection services are provided by independent inspection companies, not by FireCOM.

3.1 Organizational Accounts

The Platform is available only to organizational accounts. Individual users must be affiliated with a registered organization (either a fire code inspection company or a government fire marshal's office).

3.2 Eligibility Requirements

To use the Platform, you must:

• Be at least 18 years of age
• Be affiliated with a qualified organization (inspection company or fire marshal's office)
• Provide accurate and complete registration information
• Verify your email address

3.3 Professional Requirements

3.4 Account Approval

All new organizational accounts are subject to manual review and approval by FireCOM before activation. FireCOM verifies licenses, certifications, and identity during the approval process. FireCOM reserves the right to deny any application at its sole discretion.

3.5 Account Responsibility

Organizations are responsible for:

• All activities conducted through their account
• Maintaining the confidentiality of login credentials
• Ensuring all users within their organization comply with these Terms
• Immediately notifying FireCOM of any unauthorized access or suspected security breach

3.6 Account Restrictions

User accounts are non-transferable. Users cannot transfer accounts between organizations or individuals without FireCOM's prior written approval.

3.7 Data Ownership Upon User Departure

When a user leaves an organization, their account will be disabled and they will lose access to the Platform. All data, reports, and content created by the user during their affiliation with the organization remains the property of the organization.

4.1 Pricing Structure

FireCOM operates on a pay-per-use model with no ongoing subscription commitment. Services are priced as follows:

• Report Upload Fee: $35.00 per fire code inspection report uploaded
• Deficiency Resolution Upload Fee: $35.00 per deficiency resolution (“repair report”) uploaded

4.2 Payment Timing

Payment is due before reports or deficiency resolutions become visible to fire marshals. The inspection company must complete payment before the content is considered "published" and accessible to authorized users.

4.3 Payment Processing

All payments are processed through Stripe. By using the Platform, you agree to Stripe's terms and conditions. FireCOM accepts credit and debit cards only.

4.4 Who Pays

Inspection companies (the organizations uploading reports and deficiency resolutions) are responsible for all payment obligations under these Terms.

4.5 No Setup Fees

There are no setup fees, onboarding fees, activation fees, or other one-time charges.

4.6 Failed Payments

If payment fails for any reason:

• Reports and deficiency resolutions will remain marked as "unpaid" and will not be visible to fire marshals
• Organizations may retry payment at any time
• FireCOM monitors payment issues through its notification system and handles each case individually
• There are no late fees or penalties for failed payments

4.7 Refund Policy

Mistaken Charges: If a payment is charged in error, FireCOM will provide a full $35.00 refund within 10 business days of notification

Request Window: Users have 60 days from the charge date to report mistaken charges

Technical Errors: Refunds for technical errors (platform malfunction, double-charges, etc.) are reviewed and issued on a case-by-case basis

Payment Issue Reporting: Users can report payment issues through the Platform's built-in notification system

4.8 No Subscription Commitment

There are no monthly or annual subscription commitments. Organizations pay only for reports and deficiency resolutions they choose to upload.

4.9 Price Changes

FireCOM reserves the right to change pricing at any time. Price changes will be communicated with 60 days advance notice via email. Continued use of the Platform after the notice period constitutes acceptance of the new pricing.

5.1 Inspector Obligations

Fire code inspectors and inspection companies must:

• Ensure all uploaded reports are accurate and truthful
• Upload only reports for inspections that were actually conducted
• Maintain current professional licenses and certifications
• Immediately notify FireCOM if licenses expire or are revoked
• Comply with all applicable fire safety laws and regulations

5.2 Fire Marshal Obligations

Fire marshals must:

• Notify FireCOM immediately if government employment status changes
• Use the Platform only for official government compliance monitoring purposes
• Maintain the confidentiality of inspection data as required by law

5.3 General User Obligations

All users must:

• Keep login credentials confidential and not share passwords
• Use strong passwords
• Immediately notify FireCOM of any unauthorized access or suspected abuse
• Keep contact information current and accurate
• Not share Platform access with unauthorized parties

5.4 Prohibited Activities

5.5 Consequences of Violations

FireCOM will respond to violations based on their severity:

• Minor Violations: May result in warnings or temporary suspension
• Serious Violations: Will result in immediate account termination

FireCOM reserves the right to determine the appropriate response in its sole discretion.

5.6 Reporting Fraud and Illegal Activity

FireCOM reserves the right to report fraudulent or illegal activity to:

• Law enforcement agencies
• State fire marshal offices
• State licensing boards
• Other appropriate government authorities

6.1 Organization Ownership

Organizations retain full ownership of all inspection reports, deficiency resolutions, photographs, documents, and other content uploaded by their authorized users ("User Content"). Individual inspectors create User Content as work-for-hire for their employing organization.

6.2 License to FireCOM

By uploading User Content, Organizations grant FireCOM a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to:

• Store and host User Content on FireCOM's servers
• Display User Content to authorized users (fire marshals and members of the same organization)
• Backup and archive User Content for disaster recovery
• Transmit and share User Content with authorized parties
• Process User Content for Platform functionality (search, notifications, analytics, etc.)
• Use anonymized and aggregated data derived from User Content for analytics and platform improvements
• Retain User Content after account termination for compliance, legal, and audit purposes

6.3 No Transfer of Ownership

The license granted to FireCOM does not transfer ownership of User Content. Organizations retain all ownership rights and may use their User Content for any lawful purpose.

6.4 Data Retention After Account Closure

When an organization closes its account:

• The organization will have a 60-day grace period to export all data before losing access
• Fire marshals will retain access to the organization's reports following account closure
• Data will be retained indefinitely for audit and compliance purposes but will no longer be accessible via the Platform

6.5 Fire Marshal Access

Reports uploaded to the Platform are accessible to:

• Fire marshals in relevant jurisdictions for compliance monitoring purposes
• Members of the same organization that uploaded the report

6.6 Not Public Records

Fire code inspection reports uploaded to the Platform are not considered public records and are not publicly accessible. The Platform is a private data management system.

6.7 User Representations and Warranties

By uploading User Content, Organizations represent and warrant that:

• They own or have the necessary rights to all User Content
• User Content does not infringe on any third-party intellectual property rights
• User Content complies with all applicable laws and regulations
• User Content is accurate and truthful

7.1 FireCOM's Intellectual Property

FireCOM owns all right, title, and interest in and to the Platform, including but not limited to:

• Software code and architecture
• User interface and design elements
• Platform name, branding, logos, and trademarks
• Documentation and help materials
• All improvements, modifications, and derivative works

FireCOM claims common law trademark rights in "FireCOM Data Systems" and related marks.

7.2 Restrictions on Use

Users may not:

• Copy, imitate, or replicate the Platform's design or functionality
• Use FireCOM's name, logo, or trademarks without prior written permission
• Create derivative works based on the Platform
• Remove, obscure, or alter any copyright, trademark, or proprietary notices

7.3 Limited License to Users

Subject to these Terms, FireCOM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose during the term of your account.

7.4 Feedback

If you provide FireCOM with any suggestions, ideas, or feedback regarding the Platform ("Feedback"), you grant FireCOM an unrestricted, perpetual, royalty-free right to use, modify, and incorporate such Feedback without any obligation to you.

8.1 "AS IS" and "AS AVAILABLE"

8.2 No Guarantees

FireCOM does not guarantee:

• Platform uptime or availability
• Data accuracy, completeness, or reliability
• That the Platform meets specific compliance requirements
• Uninterrupted, error-free, or secure operation
• That defects will be corrected

8.3 Inspection Liability

FireCOM does not conduct inspections, verify inspection accuracy, or determine compliance status. FireCOM is not liable for any consequences arising from:

• Missed fire hazards or deficiencies
• Inaccurate or incomplete inspection reports
• Improper inspection methodology
• Failure to identify code violations
• Injuries, property damage, or other harm resulting from inspections or lack thereof

8.4 Platform Liability Limitations

FireCOM is not liable for:

• Platform downtime, outages, or unavailability
• Data loss, corruption, or unauthorized access
• Payment processing failures or errors
• Security breaches or cyberattacks
• Third-party service failures (hosting, payment processing, etc.)

8.5 Maximum Liability Cap

8.6 Exclusion of Damages

• Indirect, incidental, consequential, special, or punitive damages
• Lost profits, lost revenue, or lost business opportunities
• Loss of data or loss of use
• Cost of substitute services
• Personal injury or property damage (except as required by law)

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if FireCOM has been advised of the possibility of such damages.

8.7 User Indemnification

You agree to indemnify, defend, and hold harmless FireCOM, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your violation of these Terms
• Your User Content or use of the Platform
• Your violation of any laws, regulations, or third-party rights
• False, fraudulent, or inaccurate reports uploaded by you
• Any inspection activities conducted by you

8.8 No FireCOM Indemnification

FireCOM does not indemnify users. Users use the Platform at their own risk.

8.9 No Insurance Requirement

FireCOM does not require inspection companies to maintain professional liability insurance as a condition of Platform use. However, inspection companies are strongly encouraged to carry appropriate insurance coverage.

8.10 State Law Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by law.

9.1 Data Collection

FireCOM collects the following data:

• Account Information: Name, email address, organization name, professional licenses
• Payment Information: Processed by Stripe (FireCOM does not store credit card numbers)
• Usage Data: Features accessed, reports uploaded, actions performed on the Platform

9.2 Use of Cookies

FireCOM uses cookies for authentication and essential Platform functionality only. By using the Platform, you consent to the use of cookies.

9.3 Third-Party Data Sharing

FireCOM shares user data with:

• Stripe: For payment processing
• AWS and Heroku: For cloud hosting and data storage

FireCOM does not sell user data to third parties or use it for advertising purposes.

9.4 Data Storage Location

All user data is stored in the United States on servers operated by Amazon Web Services (AWS) and Heroku.

9.5 Security Measures

FireCOM implements reasonable security measures, including:

• HTTPS/SSL encryption for data in transit
• Regular security audits
• Access controls and authentication mechanisms
• Industry-standard security practices

However, no system is completely secure. FireCOM cannot guarantee absolute security.

9.6 Data Breach Notification

In the event of a data breach affecting user information, FireCOM will notify affected users within a reasonable time as required by applicable law.

9.7 User Data Rights

Users may:

• Access Data: Request to view data FireCOM holds about them
• Update Data: Update account information through the Platform
• Delete Data: Request account deletion (subject to retention policies in Section 6.4)
• Export Data: Contact FireCOM to request data export

To exercise these rights, contact [email protected] or [email protected].

9.8 Children's Privacy

The Platform is not intended for users under 18 years of age. FireCOM does not knowingly collect data from minors.

10.1 No Ongoing Commitment

The Platform operates on a pay-per-use model with no ongoing subscription commitment. These Terms remain in effect for as long as you access or use the Platform.

10.2 User-Initiated Termination

Organizations may close their accounts at any time by contacting FireCOM at [email protected] or [email protected]. There are no cancellation fees. Upon account closure, Section 6.4 (Data Retention) applies.

10.3 FireCOM's Right to Terminate

FireCOM reserves the right to suspend or terminate accounts immediately and without notice for:

• Violations of these Terms
• Illegal activity
• Fraud or false reporting
• Inspector license expiration or revocation
• Fire marshal employment status changes
• Account inactivity
• Any reason at FireCOM's sole discretion

10.4 No Refunds Upon Termination

If FireCOM terminates your account, no refunds will be issued for previously processed payments.

10.5 Effect of Termination

Upon termination:

• You immediately lose access to the Platform
• Your license to use the Platform terminates
• FireCOM's rights to User Content continue as specified in Section 6.2
• Provisions that by their nature should survive termination will survive (including Sections 6, 8, 9, and 12)

11.1 Modification of Terms

FireCOM reserves the right to modify these Terms at any time. Changes will be communicated with 30 days advance notice via:

• Email notification to the address on file
• Updated "Last Updated" date at the top of this document

11.2 Acceptance of Updated Terms

Continued use of the Platform after the 30-day notice period constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may close your account within 60 days of notice, during which time you may export your data.

11.3 Service Modifications

FireCOM reserves the right to modify, suspend, or discontinue any features or functionality of the Platform at any time without notice. FireCOM is not liable for any modifications or discontinuation of services.

11.4 Price Changes

FireCOM may change pricing at any time with 60 days advance notice via email. Continued use of the Platform after the notice period constitutes acceptance of the new pricing.

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Platform shall be resolved as follows:

12.3 Force Majeure

FireCOM shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, wars, terrorism, government actions, labor disputes, or infrastructure failures.

12.4 Assignment

FireCOM may freely assign these Terms and all rights and obligations hereunder to any third party without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without FireCOM's prior written approval.

12.5 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12.6 Entire Agreement

These Terms, together with any other policies or agreements referenced herein, constitute the entire agreement between you and FireCOM regarding the Platform and supersede all prior agreements, understandings, and communications.

12.7 Waiver

FireCOM's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.8 No Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and FireCOM. Users are not authorized to act on behalf of FireCOM.

12.9 Contact Information

For questions about these Terms, please contact:

12.10 Legal Notices

All legal notices must be sent in writing to the address above or via email to both [email protected] and [email protected].