FireGuard

Terms of Service

Last Updated: September 5, 2026

Effective Date: September 5, 2026

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User," "you," or "your") and FireGuard ("Company," "we," "us," or "our") regarding your access to and use of the FireGuard fire extinguisher compliance tracking software platform (the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Service Description

1.1 Overview

FireGuard provides a cloud-based Software-as-a-Service (SaaS) platform for tracking fire extinguisher compliance in accordance with NFPA 10 and OSHA 1910.157 standards.

1.2 Key Features

The Service includes:

  • Fire extinguisher inventory management
  • QR code-based equipment tracking
  • Monthly and annual inspection recording
  • AI-powered photo analysis of inspection findings
  • Compliance status tracking and reporting
  • Location and facility management
  • Alert notifications for overdue inspections
  • Multi-user organization management
  • Offline mobile support (PWA)

1.3 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service
  • Update features, functionality, or pricing
  • Impose usage limits or restrictions

We will provide reasonable notice of material changes when possible, but we are not obligated to do so for minor updates or bug fixes.

2. Account Registration and Access

2.1 Eligibility

To use the Service, you must:

  • Be at least 18 years old (or the age of majority in your jurisdiction)
  • Have the legal authority to enter into binding contracts
  • Not be prohibited from using the Service under applicable law
  • Provide accurate and complete registration information

2.2 Organization Accounts

When you register, you create an organization account. You may be:

  • Organization Admin: Full access to all features, user management
  • Manager: Inspection management, reporting access
  • Inspector: Inspection submission, limited access
  • Viewer: Read-only access to data

2.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Using strong, unique passwords

We are not liable for losses caused by unauthorized use of your account.

2.4 Account Suspension or Termination

We may suspend or terminate your account if you:

  • Violate these Terms or our Acceptable Use Policy
  • Provide false or misleading information
  • Engage in fraudulent or illegal activities
  • Fail to pay applicable fees (if/when billing is implemented)
  • Pose a security risk to the Service or other users

3. Acceptable Use Policy

3.1 Permitted Use

You may use the Service only for lawful purposes in compliance with these Terms and applicable laws.

3.2 Prohibited Activities

You must not:

Security Violations:

  • Attempt to gain unauthorized access to the Service or systems
  • Probe, scan, or test vulnerabilities without written permission
  • Breach security or authentication measures
  • Access data not intended for you
  • Impersonate any person or entity

Harmful Activities:

  • Introduce viruses, malware, or harmful code
  • Overload or disrupt the Service (DoS/DDoS attacks)
  • Reverse engineer, decompile, or disassemble the Service
  • Remove or alter any proprietary notices or labels

Misuse of Content:

  • Upload unlawful, harmful, or offensive content
  • Infringe intellectual property rights
  • Upload personal data without authorization
  • Use the Service to transmit spam or unsolicited communications

Commercial Misuse:

  • Resell, sublicense, or redistribute the Service
  • Use the Service to develop competing products
  • Scrape or data mine without authorization

Regulatory Violations:

  • Use the Service in violation of OSHA, NFPA, or other regulations
  • Submit fraudulent inspection records
  • Misrepresent compliance status

3.3 Enforcement

Violation of this Acceptable Use Policy may result in:

  • Warning and request to cease the activity
  • Temporary suspension of access
  • Permanent termination of your account
  • Legal action, including reporting to authorities
  • Liability for damages caused by your actions

4. Intellectual Property Rights

4.1 Service Ownership

The Service, including all software, designs, text, graphics, logos, icons, images, audio clips, and data compilations, is owned by FireGuard or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 License Grant to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.

This license does not include:

  • Any resale or commercial use of the Service
  • Collection or use of product listings or descriptions
  • Any derivative use of the Service or its contents
  • Any downloading or copying of account information
  • Any use of data mining, robots, or similar data gathering tools

4.3 Your Content

You retain all rights to the data and content you submit to the Service ("User Content"), including:

  • Organization information
  • Extinguisher data
  • Inspection records
  • Uploaded photos and documents

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide the Service.

4.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate Feedback without compensation or attribution.

4.5 Trademark

"FireGuard" and associated logos are trademarks of our company. You may not use these trademarks without our prior written permission.

5. User Content and Data

5.1 Data Ownership

You own your data. We do not claim ownership of any User Content you submit to the Service.

5.2 Data Responsibility

You are solely responsible for:

  • The accuracy and legality of User Content
  • Obtaining necessary rights and consents for data you upload
  • Compliance with data protection laws (GDPR, CCPA, etc.)
  • Backup of critical data (we provide standard backups, but you should maintain your own)

5.3 Data Storage and Backup

We store your data on Cloudflare's infrastructure with:

  • Encrypted databases (Cloudflare D1)
  • Object storage for photos (Cloudflare R2)
  • Automatic backups retained for 30 days
  • Geographic redundancy across Cloudflare's edge network

You are responsible for maintaining independent backups of critical data.

5.4 Data Export

You may export your data at any time using:

  • In-app export features (Settings > Data Export)
  • API access (if enabled for your account)
  • Data portability requests (see Privacy Policy)

We will provide data in common formats (JSON, CSV) upon request.

5.5 Data Deletion

Upon account termination:

  • User data is deleted within 30 days
  • Compliance records may be retained longer per legal requirements
  • Anonymized, aggregated data may be retained indefinitely

6. Privacy and Data Protection

6.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Processing

We process personal data as a data processor on behalf of your organization (the data controller) for EU/UK users, and as a business processing personal information on behalf of your organization for California users.

6.3 Data Security

We implement industry-standard security measures, including:

  • TLS 1.3 encryption for data in transit
  • Encryption at rest for all stored data
  • Access controls and authentication
  • Regular security audits and vulnerability testing

See our Privacy Policy for complete security details.

6.4 Data Breach Notification

We will notify you of any data breach affecting your organization's data within 72 hours of discovery, in compliance with GDPR and other applicable laws.

7. Subscription, Trial, and Payment

7.1 Free Trial

New organizations receive a 45-day free trial with full product access for up to 1,000 active extinguishers. No payment method is required to start a trial. When the trial ends without a subscription, the account becomes read-only: existing records remain viewable and exportable and existing extinguishers may still be inspected, but new extinguishers cannot be added until a plan is chosen.

7.2 Plans and Pricing

Paid plans are priced by the number of active extinguishers under management, with unlimited users and locations, as published at https://fireguardhq.com/pricing. Current plans are Site (up to 50 active extinguishers), Team (up to 250), and Portfolio (up to 1,000, with additional blocks of 100 available). Enterprise terms are agreed in writing. Prices exclude applicable taxes. We may change prices with at least 30 days' notice; changes take effect at your next renewal.

7.3 Billing

  • Subscriptions are billed in advance, monthly or annually, through our payment processor (Stripe). Annual plans are discounted as shown on the pricing page.
  • Subscriptions renew automatically at the end of each billing period unless cancelled before renewal.
  • If a payment fails, we will retry and notify your billing contact. Your account continues to function during a reasonable dunning period; if payment is not received, the account may become read-only as described in Section 7.1.
  • You are responsible for keeping billing contact and payment details current.

7.4 Plan Limits

If your active extinguisher count exceeds your plan's limit, we will notify your administrator and allow a 30-day grace period during which you may continue to add extinguishers. After the grace period, adding extinguishers requires an upgrade. We never delete records, disable exports, or block inspections of existing extinguishers because of a plan limit.

7.5 Upgrades, Downgrades, and Cancellation

You may upgrade at any time; the difference is prorated. You may downgrade or cancel at any time from the billing page or the billing portal; changes take effect at the end of the current billing period and no partial-period refunds are issued except where required by law. After cancellation, your account remains read-only with full export available for 90 days, after which Customer Data is deleted as described in Section 5.

7.6 Refunds

If you are dissatisfied within the first 30 days of your first paid period, contact us at hello@fireguardhq.com for a full refund of that period. Otherwise, fees are non-refundable except as required by law or expressly agreed in writing.

7.7 Taxes and Invoices

Portfolio and Enterprise customers may request invoicing with net-30 terms. You are responsible for any sales, use, or value-added taxes; we collect tax where required.

8. Warranty Disclaimers

8.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • Merchantability: Fitness for a particular purpose
  • Non-Infringement: Rights of third parties
  • Accuracy: Completeness or reliability of content
  • Availability: Uninterrupted or error-free operation
  • Security: Complete protection against unauthorized access
  • Compliance: Guarantee of regulatory compliance

8.3 Compliance Responsibility

YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH NFPA 10, OSHA 1910.157, AND OTHER APPLICABLE REGULATIONS.

The Service provides tools to assist with compliance tracking, but:

  • We do not guarantee compliance with any regulations
  • We do not provide legal or regulatory advice
  • You must verify all compliance determinations independently
  • You are responsible for inspection quality and accuracy

8.4 AI Analysis Limitations

AI-powered photo analysis is provided as an assistive tool:

  • Results may be inaccurate or incomplete
  • Human verification is required for all inspections
  • We do not guarantee AI accuracy or reliability
  • You are responsible for inspection validation

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • $100 USD, OR
  • The amount you paid us in the 12 months preceding the claim (if applicable)

9.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

  • Indirect Damages: Loss of profits, revenue, data, or business opportunities
  • Consequential Damages: Any damages resulting from use or inability to use the Service
  • Incidental Damages: Costs of procurement of substitute services
  • Special Damages: Exemplary or punitive damages
  • Third-Party Claims: Claims arising from your User Content or violations

9.3 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

  • Acts of God (natural disasters, pandemics)
  • Telecommunications failures
  • Government actions or regulations
  • Cyberattacks or security incidents
  • Third-party service provider failures (Cloudflare outages)

9.4 Essential Purpose

If any limitation in this Section 9 is found unenforceable, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

10.1 Your Indemnification

You agree to indemnify, defend, and hold harmless FireGuard, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your User Content or data
  • Infringement of third-party intellectual property rights
  • Negligence or willful misconduct

10.2 Indemnification Process

We will:

  • Promptly notify you of any claim subject to indemnification
  • Cooperate with you in defending the claim
  • Allow you to control the defense (with our approval of counsel)

You may not settle any claim without our prior written consent if the settlement imposes obligations on us.

11. Term and Termination

11.1 Term

These Terms remain in effect while you use the Service.

11.2 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in Settings
  • Emailing support@fireguard.example.com
  • Providing written notice

11.3 Termination by Us

We may terminate or suspend your access immediately, without notice, for:

  • Violation of these Terms
  • Violation of Acceptable Use Policy
  • Fraudulent or illegal activities
  • Non-payment of fees (when implemented)
  • Extended inactivity (after notice)
  • Risk to Service security or stability

11.4 Effect of Termination

Upon termination:

  • Your right to access and use the Service immediately ceases
  • We will delete your account and data per our Privacy Policy
  • You may request a data export within 30 days
  • Sections that by their nature should survive will remain in effect (Sections 4, 8, 9, 10, 12, 13)

11.5 Data Retrieval

After termination, you have 30 days to:

  • Export your data via the Service (if still accessible)
  • Request a data export via email
  • Retrieve any critical information

After 30 days, data will be permanently deleted (except as required by law).

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@fireguard.example.com and attempt to resolve the dispute informally for at least 30 days.

12.2 Governing Law

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

12.3 Arbitration Agreement

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from these Terms or the Service shall be resolved by binding arbitration, rather than in court, except:

  • Small claims court disputes (under $10,000)
  • Intellectual property disputes
  • Injunctive relief for Terms violations

Arbitration Rules:

  • Conducted by the American Arbitration Association (AAA)
  • AAA's Commercial Arbitration Rules apply
  • Single arbitrator selected per AAA rules
  • Arbitration held in [Your City, State] or remotely
  • Each party bears its own costs and fees
  • Arbitrator's decision is binding and enforceable in court

No Class Actions: You agree to resolve disputes individually. Class actions, class arbitrations, and representative actions are prohibited.

Opt-Out: You may opt out of arbitration within 30 days of accepting these Terms by emailing legal@fireguard.example.com with "Arbitration Opt-Out" in the subject line.

12.4 Jurisdiction and Venue

For disputes not subject to arbitration:

  • Exclusive jurisdiction: state and federal courts in [Your County, State]
  • You consent to personal jurisdiction in these courts
  • You waive any objection to venue in these courts

12.5 Jury Trial Waiver

YOU AND FIREGUARD WAIVE ANY RIGHT TO A JURY TRIAL.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and FireGuard regarding the Service.

13.2 Amendments

We may modify these Terms at any time by:

  • Posting updated Terms on the Service
  • Updating the "Last Updated" date
  • Notifying you via email or in-app notification

Continued use after changes constitutes acceptance. Material changes will be highlighted and require explicit acceptance.

13.3 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

13.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

13.5 Assignment

You may not assign or transfer these Terms or your account without our written consent.

We may assign these Terms:

  • To an affiliate or subsidiary
  • In connection with a merger, acquisition, or sale of assets
  • To any successor or acquirer

13.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

13.7 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship.

13.8 Export Compliance

You may not use or export the Service in violation of U.S. export laws and regulations or any other applicable export laws.

13.9 Government Users

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in 48 C.F.R. ยง2.101, and use is governed by these Terms.

13.10 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version controls.

13.11 Electronic Communications

You consent to receive electronic communications from us, including:

  • Terms updates and legal notices
  • Service notifications and alerts
  • Compliance reminders
  • Support responses

Electronic communications satisfy any legal requirement that communications be in writing.

13.12 California Residents

If you are a California resident, you waive California Civil Code Section 1542:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

14. Compliance and Regulatory

14.1 NFPA 10 and OSHA 1910.157

The Service is designed to assist with compliance tracking for:

  • NFPA 10: Standard for Portable Fire Extinguishers
  • OSHA 1910.157: Portable Fire Extinguishers

Compliance is your responsibility. The Service provides tools but does not guarantee regulatory compliance.

14.2 Inspection Standards

Monthly inspections should verify:

  • Extinguisher accessibility and visibility
  • Pressure gauge in operable range
  • Tamper seal intact
  • No visible damage or corrosion

Annual maintenance requires certified technicians and is beyond the scope of this Service.

14.3 Recordkeeping

OSHA requires inspection records for the duration of employment, typically 5-7 years. The Service retains records accordingly, but you are responsible for maintaining independent records.

14.4 Professional Advice

The Service does not provide:

  • Fire safety consulting
  • Regulatory compliance advice
  • Legal advice
  • Professional inspection services

Consult qualified professionals for compliance guidance.

15. Service Level Agreement (SLA)

15.1 Availability Target

We strive for 99.9% uptime (excluding scheduled maintenance).

This is a target, not a guarantee. Service credits, where offered, are set out in the applicable Enterprise agreement.

15.2 Scheduled Maintenance

We may perform scheduled maintenance with:

  • Advance notice when possible (24-48 hours)
  • Off-peak hours preferred
  • Minimal disruption to the Service

15.3 Incident Response

In case of service disruption:

  • We will investigate and work to restore service promptly
  • Status updates provided via [status page URL] (future)
  • Critical incidents communicated via email

16. Service Changes and Early-Access Features

Some features may be labelled experimental (for example, optional AI photo observations). Experimental features may change or be withdrawn, are provided as-is, and must not be relied on as the sole basis for any safety decision. We will give at least 30 days' notice before removing a generally available feature that materially affects the Service.

17. Contact Information

For questions about these Terms:

Email: legal@fireguard.example.com Support: support@fireguard.example.com Address: [Company Legal Address] Website: [https://fireguard.example.com]

18. Acknowledgment

BY CLICKING "I ACCEPT," REGISTERING FOR AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

  1. You have read and understood these Terms
  2. You agree to be bound by these Terms
  3. You are authorized to accept these Terms on behalf of your organization
  4. You have reviewed our Privacy Policy
  5. You consent to electronic communications
  6. You understand the warranty disclaimers and liability limitations
  7. You agree to arbitration and waive class actions (unless opted out)

IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Revision History

DateVersionChanges
October 31, 20251.0Initial Terms of Service

End of Terms of Service