Marketing Terms
These Fireberry Marketing Additional Terms and Conditions ("Fireberry Marketing Terms") apply to your access to and use of the Fireberry Marketing Service (as defined below) and form an integral part of the Fireberry Terms of Service ("Fireberry Terms"), which are incorporated herein by reference. These Fireberry Marketing Terms and the Fireberry Terms govern the access to and use of Fireberry Marketing Service. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Fireberry Terms.
Please carefully read these Fireberry Marketing Terms. Do not accept these Fireberry Marketing Terms or use Fireberry Marketing Service if you disagree with any of these Fireberry Marketing Terms.
In case you are representing your employer or another entity, you hereby affirm that: (a) you possess full legal authority to legally bind your employer or the applicable entity (as applicable) to these Fireberry Marketing Terms; and (b) you have thoroughly read and understood these Fireberry Marketing Terms, and you consent to them on behalf of your employer or the respective entity (as applicable), thereby legally binding your employer or said entity (as the case may be) to these Fireberry Marketing Terms.
1. Definitions
1.1. "Fireberry Marketing Service" shall have the same meaning ascribed to it in Section 2.
1.2. "Contact(s)" means any natural person or legal entity designated by the Customer or User to receive commercial Content through emails or other communications transmitted via the Fireberry Marketing Service.
1.3. "Content" means any video, audio clip, music, data, text, photograph, software, script, graphic, message, or any other materials created, supplied, transmitted, or otherwise made available by the Customer and/or User to Contacts through the Fireberry Marketing Services.
1.4. "Site(s)" means www.fireberry.com, www.powerlink.co.il, and any related websites owned or operated by Fireberry that link to the Fireberry Terms.
1.5. "Tier Limits" means the predefined usage caps and entitlements associated with the purchased Subscription Plan, specifying the maximum number of actions or resources available to the Customer and its Authorized Users within each billing cycle. Such limits may include, but are not limited to, the maximum number of emails that may be sent, the maximum number of profiles permitted, and restrictions on access to specific features or functionalities available under the purchased Subscription Plan.
2. Fireberry Marketing Services
On January 8, 2024, Fireberry launched its marketing service, enabling Customers and their Authorized Users to create, manage, and optimize marketing campaigns, automate lead generation, track customer interactions, and analyze marketing performance (the "Fireberry Marketing Service").
3. Eligibility to Use the Fireberry Marketing Service
The Fireberry Marketing Service shall be accessible to Fireberry Customers and their Authorized Users through the Fireberry platform and/or mobile application, contingent upon: (i) submission of a valid Order Form; (ii) payment of all applicable fees, as outlined in these Fireberry Marketing Terms and the Fireberry Terms; and (iii) compliance with the Fireberry Terms and these Fireberry Marketing Terms.
4. Pricing and Payment
4.1. Access to the Fireberry Marketing Service is contingent upon purchasing an applicable Subscription Plan, as specified on the Fireberry Sites. The fees applicable to the Fireberry Marketing Service are set forth on the pricing page of the Fireberry Sites and are exclusive of all levies, duties, and taxes, including, but not limited to, use tax, value-added tax (VAT), sales tax, goods and services tax (GST), and similar taxes (collectively referred to herein as "Taxes").
4.2. Fireberry reserves the right to modify its pricing at any time without prior notice, provided that any such changes shall be published on the Sites. The applicable fee for the purchased Subscription Plan shall be the fee in effect as of the date Fireberry approves the Order Form. Accordingly, you are responsible for regularly reviewing the Sites for updates regarding pricing changes.
4.3. The Subscription Fees for the Fireberry Marketing Service shall remain fixed during the Subscription Term unless: (i) you upgrade your Subscription Plan; (ii) you subscribe to additional features or functionalities not included in your current Subscription Plan; (iii) you exceed the Tier Limits or other applicable limits set forth in the Fireberry Terms; or (iv) otherwise agreed upon in the Order Form.Please note that the base Subscription Fees under your current Subscription Plan shall not be reduced in the event of a decrease in the number of emails sent or a reduction in features or functionalities corresponding to a tier lower than your current tier.
4.4. If you exceed the Tier Limits during a billing cycle, your Subscription Fee shall increase, and you shall be billed as follows: (i) If you are subscribed to a monthly Subscription Plan, your Subscription Fee shall increase immediately at the end of the current billing cycle; or (ii) If you are subscribed to an annual Subscription Plan, your Subscription Fee shall increase at the same time as it would under a monthly Subscription Plan.In such cases, the Subscription Fee shall adjust to reflect the tier price corresponding to the number of emails, profiles, Users, or other actions and entitlements utilized during the billing cycle. Your invoice shall reflect the current Subscription Fees along with the pro rata fees incurred as a result of exceeding the Tier Limits.Tier prices and Tier Limits for the Fireberry Marketing Service are detailed on the Fireberry Sites. Upon reaching the Tier Limits of your current Subscription Plan, you will receive an email notification from Fireberry informing you that the Tier Limits have been exceeded.
5. Customer Responsibilities and Obligations
By using the Fireberry Marketing Service, you acknowledge, affirm, and agree: (i) to fully pay all fees associated with the Fireberry Marketing Service in accordance with these Fireberry Marketing Terms and the Fireberry Terms; (ii) to comply with the Fireberry Terms and these Fireberry Marketing Terms and ensure that all Authorized Users under your Fireberry Account also comply with these Fireberry Terms and Fireberry Marketing Terms; (iii) to be fully liable and responsible for all Content generated, transmitted, or otherwise made available by you or by your Authorized Users while using the Fireberry Marketing Service; (iv) to comply with and bear full responsibility for all obligations under applicable laws, rules, and regulations, including those governing marketing communications; (v) to use the Fireberry Marketing Service in compliance with Fireberry's Acceptable Use Policy; (vi) to obtain prior written consent (opt-in) from Contacts authorizing the receipt of emails or other communications of the type you intend to transmit; (vii) to clearly identify yourself as the sender by providing, among other information, your contact details; (viii) to implement and maintain an opt-out mechanism that enables Contacts to withdraw their consent to receive emails or other communications from you and to promptly remove them from your distribution list; (ix) not to utilize third-party distribution lists that have not been authorized for use by their respective lawful owners; (x) to include in each email or other communication a description of the type of marketing Content being transmitted to the Contact and, where applicable, to clearly indicate that the email or communication constitutes an advertisement; and (xi) not to send emails or other communications that: (a) are unlawful or contain unlawful content; (b) are unsolicited, including spam; (c) are sent to purchased, scraped, or rented lists; or (d) are directed to Contacts who have requested, in any form, not to receive emails or communications from you.
6. Notice of None-Renewal and No Refund
6.1. Your Subscription Agreement shall automatically renew at the end of the original Subscription Term. The renewal period shall be equal in duration to the original Subscription Term, as set forth in the original Subscription Agreement, excluding any extensions. Unless we notify you otherwise, you shall pay the automatically renewed Subscription Term fees at the prevailing rate at the time of renewal, subject to applicable taxes and excluding any discounts or promotional offers.
6.2. To prevent auto-renewal of your Subscription Agreement, you must cancel your Subscription Agreement (unless otherwise specified in the Subscription Agreement) prior to the end of the Subscription Term by clicking here or by visiting www.fireberry.com/articles/how-do-i-manage-my-billing.For the avoidance of doubt, unless expressly stated in the Fireberry Terms or your Subscription Agreement, if you cancel the Subscription Agreement during the Subscription Term, the Subscription Agreement shall not renew for an additional term. However, you shall not be entitled to any refund, credit, or proration for any unused portion of the Subscription Term.
7. Usage Limits
The Tier Limits and additional usage limits applicable to your use of the Fireberry Marketing Service are detailed on the pricing page of the Fireberry Sites and in your Subscription Agreement.In the event that a Fireberry Customer and/or its Authorized Users misuse the Fireberry Marketing Service or use it in a manner inconsistent with its intended purposes — including, but not limited to, exceeding the standard usage as described in our Acceptable Use Policy and/or the pricing page on the Site — Fireberry reserves the right to impose additional fees and/or restrictions on the Customer's available account storage, download capacity, upload capacity, and use of the Marketing Services.In such cases, Fireberry may also restrict the Customer's use of Third-Party Services, as well as features including, but not limited to, network traffic and bandwidth, content size and/or length, content quality and/or format, content sources, volume, and download time.
8. Downgrades
You may downgrade your Subscription Plan only at the time of renewal, subject to the execution of a new Subscription Agreement. To avoid incurring additional charges, you are advised to select a Subscription Plan that aligns with your anticipated needs.
9. Disclaimer of Warranties
9.1. THE FIREBERRY MARKETING SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. FIREBERRY, ITS VENDORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR PERFORMANCE. FIREBERRY, ITS VENDORS, AND SERVICE PROVIDERS MAKE NO WARRANTY OR REPRESENTATION THAT THE FIREBERRY MARKETING SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL, ACCURATE, LAWFUL, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
9.2. FIREBERRY, ITS VENDORS, AND SERVICE PROVIDERS DISCLAIM ANY LIABILITY FOR ANY FAILURE TO DELIVER, DELAYED DELIVERY, OR MISDELIVERY OF EMAILS OR OTHER COMMUNICATIONS TRANSMITTED THROUGH THE FIREBERRY MARKETING SERVICE, ARISING FROM THIRD-PARTY VENDORS OR OPERATORS, INCLUDING, BUT NOT LIMITED TO, FAILURES RESULTING FROM NETWORK OUTAGES, TECHNICAL MALFUNCTIONS, SERVICE INTERRUPTIONS, OR ANY OTHER CONDITIONS BEYOND FIREBERRY'S REASONABLE CONTROL.
10. Limitation of Liability
10.1. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THESE FIREBERRY MARKETING TERMS OR ELSEWHERE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREBERRY, ITS AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE, OR GOODWILL; (IV) ANY FAILURE OF SECURITY MEASURES OR PROTECTIONS; AND/OR (V) ANY COSTS INCURRED TO PROCURE SUBSTITUTE GOODS OR SERVICES.
10.2. THE EXCLUSIONS AND THE LIMITATIONS OF LIABILITY IN SECTION 10.1 SHALL APPLY: (I) EVEN IF FIREBERRY, ITS AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY PROVIDED IN THESE FIREBERRY MARKETING TERMS IS FOUND TO FAIL OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE LEGAL THEORY OR BASIS OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT. IN ANY EVENT, FIREBERRY'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES ARISING UNDER THESE FIREBERRY MARKETING TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FIREBERRY FOR THE USE OF THE FIREBERRY MARKETING SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
11. Term and Termination
Your access to and use of the Fireberry Marketing Service is contingent upon your compliance with these Fireberry Marketing Terms and the Fireberry Terms. Fireberry reserves the right, at its sole discretion, to terminate the Fireberry Marketing Service, or any part thereof, at any time and without liability to you.
In the event that Fireberry fully terminates the Fireberry Marketing Service without cause, you shall be entitled to a refund for any unused portion of the Subscription Term.
12. General Provisions
12.1. Updates and Modifications to these Fireberry Marketing Terms
We reserve the right to amend, modify, and/or update these Fireberry Marketing Terms at any time and at our sole discretion.
12.2. Conflict
In the event of any conflict between the provisions of these Fireberry Marketing Terms and the Fireberry Terms, the provisions of the Fireberry Marketing Terms shall prevail.
12.3. No Reliance
You acknowledge and agree that you shall not rely upon, nor shall you have any remedy in respect of, any statement, warranty, or representation made by us or any person acting on our behalf, whether made innocently or negligently, unless expressly stipulated in these Fireberry Marketing Terms or the Fireberry Terms.
12.4. Interpretations
The headings, captions, and section titles contained in these Fireberry Marketing Terms, along with any explanatory or summary columns, are included solely for convenience and shall not affect the interpretation of the provisions of these Fireberry Marketing Terms, nor shall they have any legal effect.
12.5. Survival
Sections 5 (limited to subsections i, iii, and iv), 9, 10, 11, and 12 shall survive the expiration or termination of these Fireberry Marketing Terms.
Effective Date:08/01/25