Legal

Terms of Service

Effective May 14, 2026

These Terms of Service (this "Agreement" or these "Terms") constitute a legally binding agreement between you and Prometheus Solutions Inc., a Delaware corporation doing business as "Fire" and "Fire.co" (the "Company," "we," "our," or "us"). This Agreement governs your access to and use of the Services (as defined below).

BY ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case "you" and "your" shall refer to such entity.

1. Definitions

Capitalized terms used in this Agreement have the following meanings:

  • "Company Products" means, collectively, but not limited to, the Fire Wallet, the Fire Ecommerce Tools, the Fire Business Suite, and the Fire Developer APIs.
  • "Fire Business Suite" means the Company's suite of integrated business management applications, comprising Fire Invoice (accessible at invoice.firesuite.io), Fire Payroll (accessible at payroll.firesuite.io), and Fire Books (accessible at books.firesuite.io), and any related features, tools, and services.
  • "Fire Developer APIs" means the Company's application programming interfaces, including the Fire Payment API, the Fire Resolve Protocol, the Fire Ethereum/EVM Provider, the Fire MobileCoin Provider, the Fire Wallet Data API, and any related documentation, code samples, software development kits, libraries, and developer tools made available by the Company.
  • "Fire Ecommerce Tools" means the Company's ecommerce payment integration products, including the Fire Buy Now Button, the Fire WordPress plugins (Fire Shop, Fire Pay, Fire Gates, and Fire Fund), and any integrations developed for third-party ecommerce platforms, including Shopify and Webflow.
  • "Fire Wallet" means the Company's self-custody, non-custodial cryptocurrency wallet application, available as a Chrome browser extension and, when released, as a mobile application for iOS and Android.
  • "Privacy Policy" means the Company's Privacy and Cookies Policy, available at fire.co/privacy, as amended from time to time.
  • "Services" means, collectively, the Site and the Company Products, and all related content, applications, services, tools, features, and functionality made available by the Company.
  • "Site" means the website located at fire.co and any subdomains thereof.
  • "Third-Party Partner" means any third-party service provider, vendor, processor, licensed financial institution, or other partner with which the Company has a contractual or commercial relationship in connection with the provision of the Services, including those identified in the Privacy Policy.
  • "User," "you," and "your" mean any individual or entity that accesses, browses, downloads, installs, registers for, or otherwise uses the Services.

2. Description of Services

2.1 Overview

The Company provides privacy-focused financial software tools and infrastructure, including the following:

  • Fire Wallet. A self-custody, non-custodial cryptocurrency wallet that enables Users to send, receive, and manage digital assets. Fire Wallet employs a hardware-backed key management architecture using threshold cryptography across geographically distributed hardware security modules ("HSMs"). The Company does not hold, control, or have access to Users' private keys or digital assets.
  • Fire Ecommerce Tools. Payment integration products that enable merchants to accept cryptocurrency payments on their websites and online stores, including a standalone HTML payment button, WordPress plugins (Fire Shop, Fire Pay, Fire Gates, and Fire Fund), and platform integrations for Shopify and Webflow.
  • Fire Business Suite. A suite of encrypted business management applications, including Fire Invoice (invoicing and expense tracking), Fire Payroll (payroll processing and pay stub generation), and Fire Books (bookkeeping and financial reporting).
  • Fire Developer APIs. Application programming interfaces and developer tools that enable third-party developers to integrate Fire payment functionality, Ethereum and EVM-compatible blockchain interactions, and wallet data access into their own applications and websites.
  • Site. The fire.co marketing and informational website, which provides information about the Company, its products, and its services.

2.2 Non-Custodial Architecture

Fire Wallet is a non-custodial software interface. The Company does not custody User funds, hold or have access to User private keys, transmit money, execute trades as principal, clear or settle transactions, maintain omnibus or pooled customer accounts, or buy, sell, or exchange virtual currency on your behalf. All regulated financial activities accessible through the Services — including fiat on- and off-ramp services, identity verification, asset custody, and settlement — are performed by licensed Third-Party Partners. Fire Wallet functions as a software interface and routing layer that connects Users to these third-party providers.

2.3 Third-Party Services

Certain functionality available through the Services — including fiat on/off-ramp services, token swaps, payment settlement, identity verification, and certain payment methods (including ACH, Venmo, PayPal, Zelle, and CashApp where available) — is provided by Third-Party Partners that are subject to their own terms of service and privacy policies. Your use of such functionality is subject to those third-party terms and policies in addition to this Agreement. The Company's current Third-Party Partners include, without limitation:

  • BitGo Bank & Trust, National Association ("BitGo"). Fiat and digital asset custody, fiat settlement and on/off-ramp services, clearing and settlement, digital asset trading, ACH payment services, and KYC/AML onboarding and compliance monitoring.
  • ZeroEx Holdings, Inc. ("0x"). Swap routing and aggregation, trade execution, and liquidity sourcing through connected liquidity providers, market makers, and decentralized exchanges.

The Company may add, replace, or remove Third-Party Partners at any time without prior notice to you. A current list of Third-Party Partners is maintained in the Privacy Policy.

3. Eligibility

3.1 Age Requirement

The Services are intended for use by individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into a binding agreement. The Company does not knowingly collect Personal Information from or provide the Services to individuals under the age of 18.

3.2 Geographic Restrictions

The Services are not available to, and may not be used by, individuals or entities located in, organized or resident in, or nationals of, comprehensively sanctioned jurisdictions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or any other jurisdiction designated as comprehensively sanctioned by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") (collectively, "Restricted Jurisdictions"). By accessing or using the Services, you represent and warrant that you are not located in, organized or resident in, or a national of any Restricted Jurisdiction.

3.3 Sanctions Compliance

By accessing or using the Services, you represent and warrant that you are not: (a) identified on, or owned or controlled by any person or entity identified on, OFAC's Specially Designated Nationals and Blocked Persons List ("SDN List"), the Consolidated Sanctions List, or any other sanctions list administered by OFAC or any other U.S. governmental authority; (b) subject to any sanctions, embargoes, or other restrictive measures administered by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, or any other applicable governmental authority; or (c) acting on behalf of, or for the benefit of, any person, entity, or jurisdiction described in clauses (a) or (b) of this Section.

3.4 Legal Compliance

You are solely responsible for determining whether your access to and use of the Services complies with all applicable laws, rules, and regulations in your jurisdiction, including without limitation any laws governing the use, possession, transfer, or exchange of digital assets, cryptocurrencies, or virtual currencies. The Company makes no representation that the Services are appropriate or available for use in any particular jurisdiction.

4. Accounts and Security

4.1 Account Creation

Certain Company Products may require you to create an account or register for access. When you create an account, you agree to provide accurate, current, and complete information as requested, and to update such information to maintain its accuracy. You may not create an account using false, misleading, or fraudulent information, or on behalf of another person without their authorization.

4.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, authentication methods, biometric enrollments, and device access controls used to access the Services. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to maintain the security of your account or authentication credentials.

4.3 Wallet Security and Key Management

Fire Wallet employs a hardware-backed key management architecture in which private keys are generated, split, and distributed across geographically distributed HSMs using a threshold cryptographic scheme. No single HSM holds a complete private key. The Company does not have the ability to reconstruct or access your private keys, and the Services do not require you to create or store a seed phrase or mnemonic recovery phrase. You are solely responsible for maintaining the security of your authentication credentials and device access controls. Loss, theft, or compromise of your authentication credentials or device access controls may result in the permanent and irrecoverable loss of digital assets, and the Company shall have no ability to recover, restore, reverse, or reissue access to any associated digital assets.

5. User Conduct and Prohibited Activities

5.1 General Conduct

You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use of the Services.

5.2 Prohibited Activities

You agree not to, and not to assist, encourage, or enable any third party to:

  • use the Services for money laundering, terrorist financing, sanctions evasion, tax evasion, fraud, or any other illegal or illicit purpose;
  • use the Services to transact with individuals, entities, or wallet addresses identified on the SDN List, the Consolidated Sanctions List, or any other applicable sanctions list;
  • use the Services in connection with transactions involving the proceeds of criminal activity;
  • use the Services to conduct, facilitate, or participate in market manipulation, wash trading, front-running, or other manipulative or deceptive trading practices;
  • circumvent, disable, or interfere with any security, access control, geo-blocking, or screening features of the Services, including any measures designed to prevent or restrict access from Restricted Jurisdictions;
  • use any automated means, including bots, scrapers, crawlers, or spiders, to access, monitor, copy, or extract data from the Services, except as expressly permitted by the Fire Developer APIs in accordance with their documentation;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any proprietary software used in the Services, except to the extent expressly permitted by applicable law;
  • transmit any virus, worm, trojan horse, malware, or other malicious code through the Services;
  • impersonate any person or entity, or falsely state or misrepresent your identity, affiliation, age, or authority;
  • use the Services to distribute unsolicited communications, spam, or chain letters;
  • use the Services in any manner that violates any applicable law, regulation, or third-party right; or
  • attempt to do any of the foregoing.

5.3 Enforcement

The Company reserves the right, in its sole discretion, to investigate any suspected violation of this Section 5 and to take any action the Company deems appropriate, including suspending or terminating your access to the Services, blocking wallet addresses, reporting activity to law enforcement or regulatory authorities, and cooperating with law enforcement investigations.

6. Anti-Money Laundering and Regulatory Compliance

6.1 AML/BSA Compliance Program

The Company maintains an anti-money laundering and Bank Secrecy Act compliance program ("AML/BSA Program") and an OFAC Sanctions Screening Policy designed to prevent the use of the Services for money laundering, terrorist financing, sanctions evasion, or other financial crimes. You acknowledge and agree that the Company may take any action it deems necessary to comply with applicable anti-money laundering, counter-terrorism financing, and sanctions laws and regulations, including without limitation:

  • screening wallet addresses and, for Users who access identity-gated features, identifying information against the OFAC SDN List, the Consolidated Sanctions List, and other applicable sanctions and watchlists;
  • blocking or restricting wallet addresses identified as associated with sanctioned persons, illicit activity, or Restricted Jurisdictions;
  • restricting or suspending access to the Services based on the results of sanctions screening, blockchain analytics, or transaction monitoring;
  • reporting suspicious activity to FinCEN, OFAC, or other applicable regulatory or law enforcement authorities; and
  • retaining records relating to your use of the Services for a minimum of five (5) years, consistent with the Company's AML/BSA Program and the Privacy Policy.

6.2 Identity Verification

Certain features of the Services, including fiat on/off-ramp services and institutional services, require identity verification ("KYC") through the Company's designated Third-Party Partners before access is enabled. You agree to provide accurate, current, and complete information as required for identity verification and to cooperate with any requests for additional information or documentation. The Company and its Third-Party Partners reserve the right to deny, suspend, or terminate access to identity-gated features if identity verification cannot be satisfactorily completed or if the results of verification raise compliance concerns.

6.3 User Representations

By accessing or using the Services, you represent and warrant that: (a) any funds or digital assets used in connection with the Services are not derived from, and will not be used to finance, any illegal activity, including money laundering, terrorist financing, tax evasion, or fraud; (b) you will not use the Services to evade any applicable sanctions, export controls, or other trade restrictions; and (c) you will comply with all applicable laws and regulations governing the use, transfer, and exchange of digital assets in your jurisdiction.

7. Fees and Payments

7.1 Company Fees

Certain Services may be provided at no charge, and certain Services may be subject to fees as disclosed to you at the time of use. The Company reserves the right to introduce, modify, or discontinue fees for any Service at any time, with reasonable notice to Users where practicable.

7.2 Network and Transaction Fees

Transactions initiated through Fire Wallet or other Company Products may be subject to blockchain network fees (commonly referred to as "gas fees" or "transaction fees") that are determined by the applicable blockchain network and are not controlled by the Company. You are solely responsible for all network fees associated with transactions you initiate. The Company does not receive, retain, or benefit from blockchain network fees.

7.3 Third-Party Fees

Third-Party Partners may charge their own fees in connection with services they provide, including fees for fiat on/off-ramp transactions, identity verification, custody, settlement, and payment processing. Such fees are determined by the applicable Third-Party Partner and are not controlled by the Company. You are solely responsible for all fees charged by Third-Party Partners in connection with your use of the Services.

7.4 Taxes

You are solely responsible for determining and satisfying all tax obligations arising from your use of the Services, including any obligations relating to the purchase, sale, exchange, receipt, holding, or disposition of digital assets. The Company does not provide tax advice and makes no representation regarding the tax consequences of any transaction conducted through the Services. You should consult a qualified tax professional regarding your specific tax situation.

8. Digital Asset Risks

You acknowledge and agree that the use of digital assets and blockchain-based financial products involves significant risks. Without limiting the generality of the foregoing, you acknowledge the following:

  • Volatility. Digital asset prices are highly volatile and may fluctuate significantly over short periods of time. The value of digital assets held in or transferred through Fire Wallet may increase or decrease substantially, and you may lose some or all of the value of your digital assets.
  • Irreversibility. Blockchain transactions are generally irreversible once confirmed on the applicable network. If you send digital assets to an incorrect address, an incompatible network, or a malicious party, the Company cannot reverse, cancel, or recover the transaction. You are solely responsible for verifying the accuracy of all transaction details before confirming a transaction.
  • Regulatory Uncertainty. The legal and regulatory landscape governing digital assets, cryptocurrencies, and blockchain technology is evolving and uncertain. Changes in applicable laws, regulations, or enforcement practices may adversely affect the availability, legality, or functionality of the Services or digital assets in your jurisdiction.
  • Technology Risks. The Services and the underlying blockchain networks on which they depend are subject to technology risks, including without limitation software bugs, smart contract vulnerabilities, network congestion, consensus failures, hard forks, and protocol changes. Such risks may result in delays, failures, or losses of digital assets.
  • Network Risks. Fire Wallet interacts with third-party blockchain networks, including Ethereum, Polygon, Arbitrum, Base, Optimism, and MobileCoin, among others. The Company does not operate, control, or guarantee the availability, security, or performance of any blockchain network. Network outages, congestion, or protocol changes may affect the functionality of the Services.
  • Loss of Access. Loss, theft, or compromise of your authentication credentials, biometric enrollments, or device access controls may result in the permanent and irrecoverable loss of your digital assets. The Company does not have the ability to recover, restore, or reissue access to your wallet or digital assets.
  • Third-Party Risk. Your use of Third-Party Partner services (including fiat on/off-ramp services, token swaps, and payment settlement) is subject to the operational, financial, regulatory, and security risks of those third parties. The Company does not guarantee the performance, solvency, or continued availability of any Third-Party Partner.

THE FOREGOING LIST OF RISKS IS NOT EXHAUSTIVE. YOU SHOULD CAREFULLY CONSIDER WHETHER THE USE OF DIGITAL ASSETS AND THE SERVICES IS APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION, RISK TOLERANCE, AND EXPERIENCE. THE COMPANY STRONGLY ENCOURAGES YOU TO SEEK INDEPENDENT FINANCIAL AND LEGAL ADVICE BEFORE USING THE SERVICES.

9. Intellectual Property

9.1 Company Intellectual Property

All content, materials, and elements of the Services — including text, design, graphics, logos, icons, images, audio, video, software, code, user interface design, and the selection and arrangement thereof — are owned by the Company or used under license, and are protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights under applicable law.

The Fire name, Fire logo, Fire mark, Fire Wallet, Fire Business Suite, Fire Invoice, Fire Payroll, Fire Books, Fire Shop, Fire Pay, Fire Gates, Fire Fund, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without the Company's prior written permission.

9.2 Limited License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to: (a) modify, copy, reproduce, distribute, or create derivative works based on the Services or any content made available through the Services; (b) sell, resell, license, sublicense, or commercially exploit the Services; or (c) use any data mining, robots, or similar data gathering or extraction methods on the Services, except as expressly permitted by the Fire Developer APIs in accordance with their documentation.

9.3 Developer License

Subject to your compliance with this Agreement and the applicable API documentation, the Company grants developers a limited, non-exclusive, non-transferable, revocable license to use the Fire Developer APIs to integrate Fire payment functionality and blockchain interactions into their applications and websites. This license is subject to any usage limitations, rate limits, or other restrictions set forth in the API documentation.

9.4 Open Source

Certain components of the Services may be released under open-source licenses. To the extent that any component is subject to an open-source license, the terms of that license will govern your use of that component, and nothing in this Agreement is intended to restrict or limit any rights granted to you under such open-source license.

9.5 Feedback

If you provide the Company with any feedback, suggestions, ideas, or other information regarding the Services ("Feedback"), you hereby assign to the Company all right, title, and interest in and to such Feedback and agree that the Company is free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction, attribution, or compensation to you.

10. User Content

10.1 User-Generated Content

Certain features of the Services may allow you to post, upload, submit, or otherwise transmit content, including text, images, data, and other materials ("User Content"). You retain ownership of your User Content, subject to the license granted to the Company in Section 10.2.

10.2 License to User Content

By posting, uploading, or otherwise making User Content available through the Services, you grant the Company a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit such User Content in connection with the operation and provision of the Services. This license terminates when you delete your User Content from the Services, except to the extent that copies have been shared with or made available to other Users or third parties, cached, archived, or otherwise retained by the Company for legitimate business or legal purposes.

10.3 Public Venues

The Services may include forums, comment functions, community boards, developer channels, and other public or semi-public venues ("Public Venues"). You acknowledge that any information you disclose in a Public Venue is disclosed at your own risk and may be visible to other Users, the general public, or a defined subset of Users. The Company is not responsible for the use, redistribution, or republication of information disclosed in a Public Venue. You are strongly cautioned not to disclose private keys, seed phrases, recovery phrases, passwords, or other sensitive credentials in any Public Venue.

11. Privacy

The Company's collection, use, disclosure, and retention of information in connection with the Services is governed by the Privacy Policy, which is incorporated by reference into and forms a part of this Agreement. By accessing or using the Services, you acknowledge that you have read, understood, and agree to the Privacy Policy. In the event of any conflict between this Agreement and the Privacy Policy with respect to the collection, use, or processing of personal information, the Privacy Policy shall control.

12. Third-Party Websites and Links

The Services may contain links to websites, applications, platforms, or services operated by third parties ("Third-Party Sites"). Such links are provided solely for your convenience and do not constitute an endorsement or recommendation by the Company. The Company has no control over, and is not responsible for, the content, privacy practices, availability, or security of any Third-Party Site. Your use of any Third-Party Site is at your own risk and is governed by the terms of service and privacy policy of that Third-Party Site.

13. No Financial or Legal Advice

The Services are not intended to provide, and do not constitute, financial advice, investment recommendations, tax advice, or legal counsel. Nothing provided through the Services constitutes an offer to sell or a solicitation of an offer to buy any securities, tokens, or financial instruments. The Company does not recommend or endorse any particular digital asset, investment strategy, or course of action. You should consult qualified professionals before making any financial, tax, or legal decisions.

14. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING: (A) THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING DIGITAL ASSET PRICES, BALANCES, OR TRANSACTION STATUS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (C) THE SECURITY, AVAILABILITY, OR PERFORMANCE OF ANY BLOCKCHAIN NETWORK WITH WHICH THE SERVICES INTERACT; (D) THE SOLVENCY, REGULATORY STATUS, OR CONTINUED AVAILABILITY OF ANY THIRD-PARTY PARTNER; OR (E) THE SUITABILITY OF THE SERVICES FOR YOUR PARTICULAR NEEDS OR CIRCUMSTANCES.

THE COMPANY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE, AND THE COMPANY IS NOT A PARTY TO, AND WILL NOT MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DIGITAL ASSETS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION 15 SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of this Agreement or any applicable law, rule, or regulation; (c) your violation of any rights of any third party; (d) any User Content you submit, post, or transmit through the Services; (e) any digital asset transaction you initiate, authorize, or conduct through the Services; or (f) your negligence or willful misconduct.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at hello@fire.co and attempt to resolve the dispute informally. The parties agree to negotiate in good faith for a period of at least thirty (30) days from the date of the initial written notice of the dispute before either party may initiate binding arbitration.

17.2 Binding Arbitration

If a dispute cannot be resolved informally within the period specified in Section 17.1, either party may elect to resolve the dispute by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, or by any other nationally recognized arbitration organization mutually agreed upon by the parties. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Wilmington, Delaware, unless the parties mutually agree to a different location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

17.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Nothing in this Section 17 shall preclude the Company from cooperating with or responding to lawful requests from law enforcement, regulatory authorities, or courts.

18. Governing Law

This Agreement and any dispute arising out of or relating to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that any legal proceeding is permitted under this Agreement to be filed in court (including proceedings for injunctive relief under Section 17.4), such proceeding shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and each party consents to the personal jurisdiction and venue of such courts.

19. Modifications

19.1 Right to Modify

The Company reserves the right to modify, amend, or update this Agreement at any time and in its sole discretion. When this Agreement is modified, the Company will update the "Effective" date at the top of this page.

19.2 Notice of Material Changes

In the event of a material change to this Agreement, the Company will use commercially reasonable efforts to provide you with advance notice of such change by one or more of the following methods: (a) posting a prominent notice on the Site; (b) sending an electronic notification to the email address associated with your account, if applicable; or (c) requiring a click-through acceptance of the revised Agreement upon your next access to the Services. Non-material changes, including clarifications and editorial revisions, may be made without advance notice.

19.3 Acceptance of Changes

Your continued access to or use of the Services following the posting of any revised Agreement constitutes your acceptance of, and agreement to be bound by, the revised Agreement. If you do not agree to the revised Agreement, you must discontinue your use of the Services.

20. Termination

20.1 Termination by the Company

The Company may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including without limitation: (a) your breach of this Agreement; (b) your engagement in prohibited activities under Section 5; (c) the results of sanctions screening, blockchain analytics, or transaction monitoring; (d) a request from law enforcement, a regulatory authority, or a court; or (e) the discontinuation or modification of any Service. The Company will use commercially reasonable efforts to provide you with notice of termination where practicable, but is not required to do so.

20.2 Termination by You

You may terminate this Agreement at any time by discontinuing your use of the Services and, where applicable, deleting your account. Termination does not relieve you of any obligations arising prior to the effective date of termination, including any payment obligations, indemnification obligations, or liabilities for transactions initiated prior to termination.

20.3 Effect of Termination

Upon termination, your right to access and use the Services will cease immediately. The following provisions of this Agreement shall survive termination: Sections 1 (Definitions), 8 (Digital Asset Risks), 9 (Intellectual Property), 11 (Privacy), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law), and 21 (General Provisions).

20.4 Digital Assets

Because Fire Wallet is non-custodial, the Company does not hold or control your digital assets. Termination of your access to the Services does not affect your ownership of, or access to, digital assets held in wallets you control, except to the extent that certain features or Third-Party Partner services may no longer be accessible through the Company's interface.

21. General Provisions

21.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other documents incorporated by reference herein, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

21.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The remaining provisions shall continue in full force and effect.

21.3 Waiver

The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the Company.

21.4 Assignment

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

21.5 Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under this Agreement to the extent caused by events beyond the Company's reasonable control, including without limitation acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, sanctions, embargoes, labor disputes, blockchain network failures or congestion, cyberattacks, internet or telecommunications infrastructure failures, power outages, or any other force majeure event.

21.6 Notices

Notices to the Company should be sent to hello@fire.co or through the contact form at fire.co/contact. Notices to you may be sent to the email address associated with your account, posted on the Site, or delivered through the Services.

21.7 Relationship of the Parties

Nothing in this Agreement shall be construed to create a joint venture, partnership, employment, or agency relationship between you and the Company. Neither party has the authority to bind or obligate the other party in any manner.

21.8 Headings

The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

22. Contact

If you have any questions, concerns, or complaints regarding this Agreement or the Services, you may contact the Company at: