1. TERMS OF USE

This website one of several sites owned and operated by TerraFuse, Inc. (“Terrafuse,” “we” or “us”).  These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use the Terrafuse sites (which includes any website on which these Terms of Use are posted, and other sites accessible via subdomains, and mobile versions of any of these sites) (collectively the “Site”).

To the extent additional rules or guidelines affect your use of these Sites, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using any of our Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Sites.

  1. DESCRIPTION OF SERVICE

Our Sites provide information about Terrafuse, our products, services, our Terrafuse Wildfire AI software (collectively, “Services”), and career opportunities at Terrafuse. To the extent new services, content or features are added to our Services in the future, your use thereof is subject to these Terms of Use.

  1. REQUESTS FOR SERVICES

In the event you request information on our Services or a career opportunity, you agree that you will make all inquiries and requests in good faith and not based on speculation or fraud.

If you submit an inquiry or RFP to us through our Services for services, please note that such submission does not guarantee that you will be able to obtain the subject of your request, and we have no obligation with regard to any such request unless and until you enter into a contract with us.

  1. ADDITIONAL POLICIES AND AGREEMENTS

Certain areas of the Services and some functions, may be operated on our behalf by third parties (e.g., we use mapbox to implement some features of Wildfire AI), and may be subject to the Terms of Use and/or policies of those parties.


We are not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit areas operated by third parties.

  1. MODIFICATIONS AND INTERRUPTION TO THE SERVICES

We reserve the right to modify or discontinue all or any portion of our Sites or Services at any time with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites or Services, or that operation of our Sites or Services will be uninterrupted or error free.  You understand that usage of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. THIRD-PARTY CONTENT AND SERVICES

Our Site and Services may include content or services provided by, or links to other sites on the Internet that are owned and operated by, third parties. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party not provided by Terrafuse, or any services provided by third parties. You acknowledge that any reliance on representations and warranties provided by any party other than Terrafuse will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party. Your use of those third-party content and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

  1. YOUR REPRESENTATIONS

As a condition of your right to use the Site and Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and Services and accessing the Site and Services under the laws of the United States or other country.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TERRAFUSE VENDOR PARTNERS, THEIR RELATED ENTITIES, THEIR SERVICE PROVIDERS, THEIR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “TERRAFUSE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TERRAFUSE PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY MEMBER SITE, PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE OR SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE TERRAFUSE PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITE OR SERVICES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY TERRAFUSE PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TERRAFUSE PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You agree to indemnify and hold the Terrafuse Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site or Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Site or Services using your computer, mobile device or account.

  1. USER FEEDBACK

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Terrafuse. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

  1. USER CONDUCT

You agree that you will not use or Site any of our Services to transmit or make available to us any content that:

  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;

  • contains any private information about an identifiable person without that person's permission;

  • you know or have reason to know is false, misleading, or fraudulent;

  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • employs any techniques to disguise the origin of the content submitted;

  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;

  • contains links to any websites containing content violating any of the foregoing requirements.

You further agree not to use our Site or Services to:

  • engage in any conduct which might be harmful to any individual;

  • impersonate or misrepresent your affiliation with any person or entity;

  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Site or Services, servers or networks connected thereto. We reserve the right (but have no obligation) to prohibit your access to our Site and Services in the event of a violation of these Terms of Use.

  1. INTELLECTUAL PROPERTY INFORMATION

All content, copyrights and other intellectual property rights in the content available on our Site and Services, including without limitation Site and Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by TerraFuse, with all rights reserved, or in some cases may be licensed to Terrafuse by third parties. This content is protected by the intellectual property rights of Terrafuse or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site and Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Terrafuse.

The Site or Services, such as Wildefire AI, may contain code, information, ideas, or features that are protected by copyright, patent, trade secret or other intellectual property rights and laws.  Except as expressly authorized by Terrafuse, you may not modify, copy, frame, scrape, rent, lease, loan, sublicense, sell, distribute, reverse engineer, reverse assemble or otherwise attempt to discover any source code, algorithms, or underlying concepts of the Site or Services, or create derivative works based on the Site or Services, in whole or in part. Any rights not expressly granted herein are reserved by Terrafuse.

  1. MOBILE DEVICES

Separate versions of our Sites or Services may be available for use on mobile devices. If you access our Sites or Services on mobile devices you understand that your mobile carrier’s standard charges will apply.

  1. ARBITRATION

Any dispute arising out of or relating in any way to your use of our Site or Services or any products, services, or information you receive through our Site or Services, shall be submitted to confidential, binding arbitration in California, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof.  Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of California, USA, or the courts closest thereto, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. 

  1. GOVERNING LAWS

The laws of the state of California and the United States govern these Terms of Use and any claims arising out of or relating to use of the Site and Services, without giving effect to any choice of law rules. We make no representation that our Site or Services are appropriate, legal or available for use in all jurisdictions. With the exception of any matters subject to arbitration as described above, the state and federal courts located in California, will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.

  1. COMPLIANCE WITH LAWS

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site or Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

  1. CHANGES TO THESE TERMS

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Site and Services, without further notice to you. Your continued use of any of our Site and Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

  1. OTHER TERMS

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Terrafuse. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding the Site and Services, constitutes the entire agreement between you and Terrafuse regarding your use of the Sites or Services, and that any other prior agreements between you and Terrafuse are superseded by these Terms of Use to the extent applicable. Any failure by Terrafuse to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  1. CONTACT US

If you have any questions about these Terms of Use, please feel free to contact us as follows:

By mail: 
1 Cyclotron Road, Berkeley, CA 94720

By email:  hello@terrafuse.ai
 

Effective Date of these Terms of Use:  October 19, 2021