Terms of Service

These Terms of Service (the “Terms”) govern your use of Firefly, the website and app at firefly.tools (the “Service”), operated by Firefly Tools LLC, a New Jersey limited liability company (“Firefly”, “we”, “us”). By creating an account or using the Service, you agree to these Terms.

Section 20 requires you to resolve disputes with Firefly through binding individual arbitration, and you give up the right to a jury trial and to take part in a class action. You can opt out within 30 days of accepting these Terms.

1. About these terms

Our Privacy Policy, Cookie Policy and Refund Policy, and any terms you accept when you make a purchase, are part of these Terms.

The Service is intended for business use. If you use it on behalf of a company or other organization, you accept these Terms for that organization and confirm that you have authority to do so. In that case “you” includes the organization.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract. You may not use the Service if you are barred from doing so under US law, are located in a country subject to a US embargo, or appear on a US government list of restricted parties.

3. Your account and workspace

Give accurate information when you register and keep it up to date. Keep your password secure and tell us promptly at team@firefly.tools if you believe someone has used your account without permission. You are responsible for all activity under your account.

Each person may hold one account. We may suspend or close accounts created to obtain additional free credits or to get around the limits of the Service.

Every account belongs to a workspace. Leads, drafts, sequences, credits and subscriptions belong to the workspace and are shared with its members. The workspace owner and admins manage its members, billing and settings. Content you add to a shared workspace stays with it if you leave.

4. The Service

Firefly helps you find local businesses using Google Maps Platform data, review their public websites, and manage and contact the leads you choose. Features vary by plan, as described on the pricing page. We may change, add or remove features at any time. Features labeled beta or preview are provided as they are and may change or be withdrawn without notice.

5. Credits

Some actions, such as running a search or generating an AI review, cost credits. The pricing page shows what each action costs. Credits are digital tokens that can be used only within the Service. They have no cash value and cannot be sold, transferred or exchanged for money, except as the Refund Policy provides.

Each plan includes a monthly allowance of credits that resets at the start of every calendar month. Unused monthly credits do not carry over. Top-up credits, available on paid plans, are used after your monthly credits and do not expire while your workspace remains open and we offer the Service.

We may correct credit balances that result from an error. We may change the credit cost of actions and the free plan’s allowance, and a change applies from the time it appears on the pricing page.

6. Subscriptions, payment and renewal

Purchases are sold and processed by Creem (Armitage Labs OÜ), which acts as our merchant of record and reseller. Creem charges you, collects applicable taxes and issues your receipt, and its Buyer Terms apply to the payment. Only a workspace owner or admin can make purchases.

Paid plans are subscriptions that renew automatically at the end of each billing period, monthly or yearly, at the price in effect at that time plus applicable taxes. Your payment method is charged at each renewal until you cancel.

You can cancel at any time from the pricing page under Manage billing. Cancelling stops the next renewal. Your plan stays active until the end of the period you have paid for and then moves to the free plan. Deleting your account does not cancel a subscription, so cancel first.

Plan changes work as follows:

• Moving to a larger plan, or from monthly to annual billing, takes effect immediately. You are charged the prorated difference for the current billing period and receive the additional monthly credits at once.
• Moving a monthly plan to a smaller plan takes effect immediately. Your monthly credits are reduced to the smaller plan’s allowance, and the rest of the current period is not refunded.
• An annual plan can move to a larger annual plan at any time. It cannot move to a smaller plan or to monthly billing before its term ends.

We will email you at least 30 days before a price increase applies to your subscription. If a renewal payment fails, we may move your workspace to the free plan.

7. Refunds

Refunds are governed by the Refund Policy. Before each purchase you confirm the statement below, in which “digital tokens” means Firefly credits, including the monthly credits that come with a plan:

“I agree that by clicking purchase, I request immediate access to these digital tokens and explicitly waive my right to a 14-day refund period once any portion of the tokens are consumed.”

8. Payment disputes

If you believe a charge is wrong, contact us before disputing it with your bank or card issuer. If you dispute a charge that these Terms allow, we and Creem may contest the dispute using records of your purchase and your use of the Service, including your acceptance of the purchase terms. We may suspend the workspace while a dispute is open, and if a charge is reversed we may remove the plan and credits it paid for. This section does not limit your right to dispute a charge you did not authorize.

9. Acceptable use

You may not use the Service to:

• break any law or regulation, including laws on spam, telemarketing, privacy and data protection;
• send misleading or unlawful messages, or contact anyone who has asked you to stop;
• make calls or send texts that require prior consent under the Telephone Consumer Protection Act or similar laws without that consent, or call numbers on a do-not-call list in breach of those rules;
• harass, threaten, deceive or impersonate anyone;
• copy, scrape, resell or redistribute search results or Google Maps content, or use them to build a database or a competing product;
• get around credit, rate, seat or security limits, share one seat among several people, or access the Service by automated means other than the features we provide;
• reverse engineer or disrupt the Service, test it for vulnerabilities without our written permission, or introduce malicious code.

10. Your outreach

You are the sender of every message you send through the Service, including email sent from a mailbox you connect. You alone are responsible for your contact lists, for the content of your emails, calls and texts, and for complying with the laws that apply to you and to the people you contact. Those include the CAN-SPAM Act and the Telephone Consumer Protection Act in the US, the GDPR and ePrivacy rules in the EU and UK, and Canada’s anti-spam law. Honor opt-out requests promptly.

You are responsible for having a lawful basis to collect and use any personal information you add about other people. We process that information on your behalf, as the Privacy Policy describes. By connecting a mailbox, you authorize us to send email through it at your direction.

11. Google Maps and other services

The Service includes Google Maps features and content. Your use of them is subject to the current Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. Business listings come from Google and its licensors and may be incomplete or out of date.

The Service also works with other companies’ services, including sign-in providers, Creem and your email provider. Their own terms apply to them, and we are not responsible for them.

12. Automated results and AI

Website checks, scores, reports, AI reviews and drafted messages are generated automatically, partly by AI. They may be inaccurate, incomplete or out of date, so review them before you rely on them or send them to anyone. They are not professional advice, and we do not guarantee any result from using the Service.

13. Your content

You keep ownership of the content you add to the Service. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process and display it as needed to provide, secure and improve the Service, and you confirm that you have the rights needed to grant that license. We may use aggregated or de-identified data for any lawful purpose. If you send us feedback, we may use it without any obligation to you.

14. Our intellectual property

Firefly or its licensors own the Service, including its software, design, brand, and the scores and findings it produces. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business. We reserve all rights not expressly granted.

15. Creator and affiliate programs

The creator rewards and affiliate programs have additional rules, shown on the creator rewards page and when you are approved. Affiliate commissions are paid through Creem under its affiliate terms.

If we pay or reward you for promoting Firefly, disclose that relationship clearly in every post, as the FTC’s Endorsement Guides require, and do not make false or misleading claims. We do not pay for undisclosed posts, purchased views, or purchases made with your own code or link. We may change or end either program at any time, and we may withhold rewards obtained through fraud or a breach of these Terms.

16. Suspension and termination

You may stop using the Service at any time. After cancelling any subscription, you can delete your account from the Account & privacy page.

We may suspend or end your access, with or without notice, if you breach these Terms, fail to pay, expose us or others to risk or legal liability, or if the law requires it. If we close your account for a breach, you are not entitled to a refund of fees or unused credits. If we stop offering the Service altogether, we will give at least 30 days’ notice and refund prepaid fees for any unused subscription period and any unused top-up credits.

When your account ends, your right to use the Service ends with it. Provisions that by their nature should survive will survive, including those on payment, disclaimers, limitation of liability, indemnification and dispute resolution.

17. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Firefly disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that data from Google or from websites is accurate or complete, or that using the Service will produce any particular result.

18. Limitation of liability

To the fullest extent permitted by law, Firefly is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data, even if we were advised of the possibility. Firefly’s total liability for all claims relating to the Service or these Terms will not exceed the greater of the amount you paid for the Service in the 12 months before the event giving rise to the claim, or US $100.

These limits do not apply to liability that cannot be limited by law, such as liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

19. Indemnification

You will defend, indemnify and hold harmless Firefly and its members, managers, employees and agents against any third-party claim, and the related losses, damages and reasonable legal fees, arising from your emails, calls or texts, your content, your breach of these Terms, or your violation of any law or third-party right. We may take part in the defense with counsel of our choice. You may not settle a claim in a way that imposes an obligation on us or admits fault on our behalf without our written consent.

20. Dispute resolution and arbitration

Informal resolution first

Before starting arbitration or a court case, the party with a complaint must send the other a written notice describing the dispute and the relief sought. Send yours to team@firefly.tools; we will send ours to the email address on your account. If the dispute is not resolved within 30 days after the notice is received, either party may begin arbitration. Limitation periods are paused during those 30 days.

Agreement to arbitrate

You and Firefly agree to resolve any dispute, claim or controversy arising out of or relating to these Terms or the Service, including any question about the scope or enforceability of this section (each a “Dispute”), through binding individual arbitration.

This means you and Firefly each give up the right to sue in court and to have a judge or jury decide a Dispute. A neutral arbitrator decides it instead. Arbitration is less formal than a lawsuit, discovery is more limited, and courts can review an arbitrator’s decision only on narrow grounds.

Either party may still bring an individual claim in small claims court if it qualifies, or ask a court to stop infringement of intellectual property rights or unauthorized access to or use of the Service.

Procedure

The American Arbitration Association (“AAA”) administers the arbitration under its Consumer Arbitration Rules if you use the Service mainly for personal purposes, and otherwise under its Commercial Arbitration Rules, together with its Mass Arbitration Supplementary Rules where they apply. The rules are available at adr.org. A single arbitrator decides the Dispute. Hearings take place by video or phone, or in person in the county where you live or in New Jersey.

For claims under US $10,000, we will pay the AAA filing, administration and arbitrator fees unless the arbitrator finds the claim frivolous or brought for an improper purpose. Otherwise the AAA rules decide who pays. Each party pays its own attorneys’ fees unless the law or the rules provide otherwise. The arbitrator may award relief only to the individual party and only as needed for that party’s claim, and any court with jurisdiction may enter judgment on the award. The Federal Arbitration Act governs this section.

Class action waiver

You and Firefly may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person’s claims or preside over any form of class or representative proceeding. If a court finds this waiver unenforceable for a particular claim, that claim alone proceeds in court under section 21 and is not arbitrated.

Opting out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing team@firefly.tools from your account email address, with the subject “Arbitration opt-out” and a statement that you are opting out. Opting out does not affect any other part of these Terms.

Changes to this section

A material change to this section will not apply to a Dispute that either party gave notice of before the change. You may reject the change by emailing us within 30 days after it takes effect, in which case the previous version of this section continues to apply to you.

21. Governing law and venue

These Terms are governed by the laws of the State of New Jersey and applicable US federal law, without regard to conflict of law rules. The Federal Arbitration Act governs section 20. The UN Convention on Contracts for the International Sale of Goods does not apply. Any Dispute that is not arbitrated will be heard exclusively in the state and federal courts located in New Jersey, and you and Firefly consent to their personal jurisdiction. Consumers in the EU and UK are covered by section 23.

22. New Jersey residents

If you are a New Jersey resident, section 17 (Disclaimer of warranties), section 18 (Limitation of liability) and section 19 (Indemnification) apply to you, except that none of them limits or excludes our liability for our own fraud, gross negligence or willful misconduct, or any right or remedy you have under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 and following) that cannot be waived by contract. All other provisions of these Terms apply to New Jersey residents as written.

23. Consumers in the EU and UK

If you live in the EU or the UK and use the Service as a consumer, outside your trade, business or profession, the mandatory consumer protection laws of your country continue to apply, and nothing in these Terms limits them. For you, section 20 does not apply, and you may bring claims in the courts where you live. The choice of New Jersey law does not remove the protection of your country’s mandatory law. Section 18 does not limit our liability for death or personal injury caused by our negligence, for fraud, or for breach of rights that the law does not allow to be excluded. Your right to withdraw from a purchase is described in the Refund Policy.

24. Changes to these terms

We may update these Terms. We will post the new version with a new date, and for material changes we will email account holders at least 30 days before they take effect. Changes required by law, or that relate only to new features, may take effect immediately. If you keep using the Service after a change takes effect, you accept the updated Terms.

25. General

• These Terms, with the policies and purchase terms they include, are the entire agreement between you and Firefly about the Service.
• You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of our business or assets.
• If any provision is found unenforceable, the rest of these Terms remains in effect, subject to what section 20 says about the class action waiver.
• Our failure to enforce a provision is not a waiver of our right to enforce it later.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• You agree to receive agreements, notices and other communications from us electronically, and that they satisfy any legal requirement to be in writing.
• The parties are independent contractors. These Terms create no partnership, agency or employment relationship and give no rights to any third party.
• Headings are for convenience only, and “including” means “including without limitation”. If a translation of these Terms conflicts with the English version, the English version controls.

26. Contact

Send notices, questions and arbitration opt-outs to:

Firefly Tools LLC
Email: team@firefly.tools