Skip to main content

Language: Español

Agency licence agreement

Last updated:

Read this before using the platform

This End-User License Agreement is a legal agreement between Public Fire Safety, LLC ("Company") and the agency, organization or individual enrolling in or using the BeforeYouBurn platform ("End-User"). By executing a Sales Order Agreement, clicking "I Agree", or otherwise accessing the Platform, End-User agrees to be bound by these terms.

1. Services

  1. Subject to the terms and conditions of this Agreement and payment of all applicable Service Fees, Company agrees to provide End-User with access to the BeforeYouBurn platform ("Platform") for End-User's internal use in managing and communicating debris burning permits, bans and alerts within its jurisdiction.
  2. The Platform is provided as a Software as a Service (SaaS) offering. No copy of any software is or will be made available to End-User. Services may be subject to additional terms and conditions as provided by Company from time to time.
  3. Company reserves the right to modify, update or discontinue features of the Platform with reasonable notice to End-User.

2. Fees and payment

  1. End-User will pay Company the fees set forth in the applicable Sales Order Agreement ("SOA"). Company will invoice End-User on a monthly or annual basis as specified in the SOA.
  2. Unpaid balances over 30 days are considered delinquent. Balances 60 days or more past due constitute default, and Company may suspend or terminate services upon 10 days' written notice. A late fee of 1.5% per month or the maximum permitted by applicable law may be assessed on late balances.
  3. All fees are non-refundable except as expressly provided in this Agreement or required by applicable law.

3. Term and termination

  1. This Agreement commences on the date End-User first accesses the Platform and continues until terminated by either party.
  2. Either party may terminate this Agreement upon 30 days' written notice. Company may terminate immediately upon End-User's material breach of this Agreement.
  3. Upon termination, End-User's access to the Platform will cease and all data associated with End-User's account may be deleted after a 30-day retention period.

4. Intellectual property

  1. Company retains all ownership and intellectual property rights in the Platform, including all software, algorithms, data structures and documentation. This Agreement grants End-User a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purpose.
  2. End-User may not copy, modify, reverse engineer, decompile or create derivative works based on the Platform or any part thereof.
  3. End-User retains ownership of all data it submits to the Platform. End-User grants Company a limited license to use such data to provide and improve the Platform services.

5. Multi-jurisdictional use and burn status

  1. The Platform is designed to aggregate burn status information from multiple agencies and jurisdictions. End-User acknowledges that burn status determinations displayed on the Platform are subject to "most restrictive rule wins" logic, which may reflect restrictions imposed by other agencies.
  2. End-User is solely responsible for the accuracy of the burn status, zone boundaries, permit rules and other information it configures within its agency account. Company does not warrant that agency-supplied data is accurate, complete or current.
  3. The Platform is an informational and administrative tool. It does not replace or supersede applicable local, state or federal laws governing outdoor burning. End-User and residents bear sole responsibility for compliance with all applicable regulations.
  4. Company is not liable for any fire, injury, property damage or regulatory violation arising from a resident's reliance on burn status information displayed on the Platform.

6. Administrator responsibilities

  1. End-User is responsible for maintaining the confidentiality of administrator login credentials and for all activity that occurs under its account.
  2. End-User must promptly notify Company of any unauthorized access to or use of its account.
  3. End-User is responsible for ensuring that all agency administrators are trained on proper use of the Platform and are aware of their obligations under this Agreement.
  4. End-User agrees to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.

7. Data and privacy

  1. Company will collect and process personal data (including resident contact information submitted through burn registrations) in accordance with its privacy policy and the BeforeYouBurn privacy policy.
  2. End-User agrees not to submit sensitive personal information beyond what is necessary for burn registration purposes.
  3. Company implements industry-standard security measures to protect platform data. However, Company cannot guarantee absolute security and is not liable for unauthorized access resulting from End-User's failure to maintain credential security.
  4. Burn registration data, including address, contact information and activity logs, may be shared with other agencies with jurisdiction over a given address as part of the Platform's multi-jurisdictional functionality.

8. Warranty disclaimer

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. Company does not warrant that the Platform will be uninterrupted, error-free or free of harmful components.

9. Limitation of liability

  1. To the maximum extent permitted by applicable law, Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of data, revenue or profits, arising out of or related to this Agreement or use of the Platform.
  2. Company's total cumulative liability for any claims under this Agreement shall not exceed the fees paid by End-User in the twelve months preceding the claim.

10. Indemnification

  1. End-User agrees to indemnify and hold harmless Company and its officers, directors, employees and agents from any claims, damages or expenses arising from: (i) End-User's use of the Platform; (ii) inaccurate or incomplete agency data submitted by End-User; or (iii) End-User's violation of this Agreement or applicable law.
  2. Company will indemnify End-User from claims arising solely from Company's gross negligence or intentional misconduct.

11. Governing law

This Agreement shall be governed by the laws of the State of Oregon. Any disputes shall be resolved in a court of competent jurisdiction in Oregon, and the parties consent to such jurisdiction.

12. Miscellaneous

  1. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements and understandings.
  2. No waiver of any provision shall be effective unless in writing. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.
  3. Neither party may assign this Agreement without the prior written consent of the other party, except in connection with a merger, acquisition or sale of substantially all assets.
  4. Sections 4, 7, 8, 9, 10, 11 and 12 shall survive termination of this Agreement.
  5. Company may update these terms from time to time. End-User's continued use of the Platform following notice of updates constitutes acceptance of the revised terms.

By executing a Sales Order Agreement, End-User acknowledges that it has read, understood and agreed to be bound by this End-User License Agreement. Effective upon execution of a Sales Order Agreement or first access to the Platform.

Questions: support@publicfiresafety.com.