Terms of Use

END-USER LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS (THE “TERMS”) CAREFULLY BEFORE USING THIS APP

These Terms (together with the Fireswan Privacy Policy, which sets out the terms on which Fireswan processes any personal data collected from you, or that you provide to Us, and any other documents referred to in it) tells you the terms of use on which you may make use of our mobile application Fireswan (the “App”). Please read these Terms carefully before you start using the App. By using the App, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the App.

Fireswan is a mobile application operated by Fireswan OÜ (“Fireswan”, “We”, “Us”). Fireswan is registered in Estonia with company number 14638640 and registered office at Sepapaja 6, Tallinn 15551, Estonia.

The App

The App provides you with a platform which facilitates:

(i) suggesting picks based on sport events collected from a third party data provider (the “Data Provider”) in accordance with personalized user’s strategy configuration directly via the App; and

(ii) sharing their picks to other registered users of the App/non-registered users.

The services in (i) to (ii) above, together with any other service made available by the App at any time, constitute the “Services”.

You acknowledge and agree that the picks shown on the App:

(i) are aggregated and provided by the App; and

(ii) are owned by and the responsibility of the App.

For the avoidance of doubt, the App doesn’t provide services for placing bets, requesting and receiving money and any other service related to betting and Betting Third Party Operator

Fireswan shall not be liable for any decisions made based on the picks suggested to the User, including, but not limited to, in relation to the placing of bets, the deposit of money and the payment of winnings as these are services provided by the operators outside the App and are subject to these parties’ terms and conditions.

Licence

Fireswan grants you a non-exclusive non-transferable licence to use the App and the Services in accordance with these Terms.

You shall not:

Use of the App

Use of the App is subject to:

We reserve the right to refuse to open an account for any reason.

You acknowledge and agree that when you are accessing and retrieving information from our App, we are not acting as your agents nor the agents on behalf of the any Third Party Operators but that we are simply making available the Services and App to you by which you may decide whether you want to access and transact with any Third Party Operators.

You agree not to use the App and/or the Services:

(i) to harass, abuse, stalk, threaten or defame any person or entity, and that Fireswan is not responsible for any such use; or

(ii) for your commercial purposes which compete with the App and/or Services.

Fireswan reserves the right to change, suspend, remove, disable or impose access restrictions or limits on the Services at any time without notice or liability to you.

We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.

Offers and promotions

Any offer or promotion we may make available at any time may only be available for certain periods and on certain specific terms and conditions. To apply to any such offer or promotion you must ensure that the offer is still available, that you meet the requirements and that you have read and understood the applicable terms and conditions.

Intellectual Property Rights

Fireswan is the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Warranty

The App and the Services are provided “as is”.

Fireswan does not warrant that your use of the App and/or Services will be uninterrupted or error-free. Fireswan does not guarantee the accuracy and availability of any content (including, but not limited to, the picks) shown on the App.

Any warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are excluded to the fullest extent permitted by law.

Liability

Fireswan shall not be liable to you for any loss or damage, including (i) loss of profits, sales, business or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation or (v) any indirect or consequential loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out or in connection with these Terms, or with your access to, or use of, or inability to use, the App or the Services, or any software, materials or other information made available via the App.

You specifically acknowledge and agree that we are not liable to you for,  but not limited to:

Fireswan does not exclude liability for fraudulent misrepresentation or death or personal injury caused by negligence or any other liability that cannot be excluded by law.

Termination

These Terms are effective until terminated by you or Fireswan. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.

Waiver

No waiver by Fireswan of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fireswan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

In the event that any or any part of the terms contained in these Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

Variation

We may amend these Terms at any time by amending this page. We will notify you of any change of these Terms either via the App, or to via email sent to the email used to register an account with Us or via an alternative method.

Jurisdiction

These Terms and the Service are governed by Estonian law and subject to the exclusive jurisdiction of Estonian courts.

Contact Us

If you have any questions or concerns relating to these Terms, please send us an email to max@fireswan.pro