1. Who we are and what these Terms cover
These Terms of Service (the “Terms”) are an agreement between SoftHawker LLC (“SoftHawker”, “we”, “us”) and the business on whose behalf they are accepted (“you”, the “Customer”). SoftHawker operates FireFunc until FireFunc is incorporated. SoftHawker LLC is a limited liability company organized under the laws of the State of Delaware.
They cover the website at firefunc.com, the FireFunc application, its API and the FireFunc runner (together, the “Service”). The Acceptable Use Policy and the Data Processing Addendum form part of these Terms. The Privacy Policy explains how we handle the personal data we decide about ourselves.
You accept these Terms when you create an account or a workspace, accept an invitation, or use the Service. By accepting them you confirm that you are allowed to bind the business you accept them for. If you are not, do not use the Service. People who use the Service as members of your organization use it on your behalf.
If you and we have signed a separate written agreement for the Service, that agreement governs wherever it conflicts with these Terms.
2. The Service
FireFunc takes work from the tools you connect — tickets, alerts, designs, messages and webhook deliveries — checks it against the rules you set, and hands it to the agents you configure. The agents run on computers you pair with your workspace, using AI engines you install there under your own accounts with their vendors, or, if you choose, on an engine that runs in its vendor’s cloud under your account. What they produce comes back to your tools, for example as a pull request or a comment.
2.1 Your right to use it
While these Terms are in force, we give you a non-exclusive, non-transferable right to use the Service for your business’s internal purposes, and to let the people in your organization use it on your behalf. The runner is licensed to you under the license that comes with it. Where that license and these Terms differ about the runner, the runner’s license governs.
2.2 What stays ours
We and our licensors own the Service, including its software, design and documentation. These Terms give you no rights in it beyond those in Your right to use it. If you send us feedback or suggestions, we may use them without any obligation to you.
2.3 Availability and support
We work to keep the Service running and secure, but we do not promise that it will be available at any particular time, or that it will be uninterrupted or free of errors, and we offer no service levels. We may add, change or remove features. For help, write to admin@firefunc.com. We do not commit to a response time.
3. Accounts and eligibility
The Service is for businesses. Do not use it for personal, family or household purposes. Everyone who uses it must be at least 18 years old.
While FireFunc is in early access, accounts are opened by invitation. Your business’s workspaces belong to its organization in FireFunc, and the people you invite work in them on your behalf.
You are responsible for:
- the people you invite, the roles you give them, and what they do in the Service;
- keeping sign-in details secure, and not letting more than one person use an account;
- keeping the email addresses on your accounts current, because notices go there;
- telling us promptly at admin@firefunc.com if you believe an account has been used without permission.
4. Connections to your tools
When you connect a tool — GitHub, Jira, Linear, Sentry, Slack, Figma, Microsoft Teams, a custom MCP server or a webhook, for example — you instruct us to access it and to act in it for you: to read what it sends and what your agents need, and to write back what your agents are set up to deliver. We act only within the permissions you grant when you connect the tool and within the agents you configure.
You confirm that you have the right to connect each tool and to let the Service act in it. Your use of each tool stays under your own agreement with its vendor, and you are responsible for following that vendor’s terms. Those vendors provide their services to you, under your account; they are not our subcontractors, and we are not responsible for them, for their availability, or for the changes they make. If a vendor changes or withdraws something the Service relies on, the part of the Service that uses it may stop working.
You can disconnect a tool at any time. Disconnecting does not undo what was already done in it, such as a comment posted, a message sent or a pull request opened.
5. Your machines and engines
Agents run on computers you choose and pair with your workspace by installing the runner. The AI engines they use — Claude Code, Codex, Copilot CLI, Gemini CLI, Cursor CLI or Antigravity, for example — are installed by you and run under your own accounts and subscriptions with their vendors. Those vendors’ terms apply to that use, you pay them directly, and we do not resell them.
You are responsible for those machines: their security, who can reach them, the software on them, and what the engines do there.
You may instead choose an engine that runs in its vendor’s cloud — GitHub Copilot’s coding agent, Cursor’s cloud agents or a Claude Code routine, for example. We then send that vendor the task with the key or connection you gave us for it, and the vendor works on your repository in its cloud, under your account and its terms.
No one at FireFunc reviews what an engine produces before it reaches your tools, and the Service’s automated checks do not replace your own review. AI output can be wrong, incomplete or insecure, and it can differ from one run to the next. Check what an agent produces before you rely on it, and review every change before you merge it. You are responsible for what you merge, deploy or publish.
FireFunc merges a pull request only if a person in your workspace has switched on automatic merging, which is off by default, and then only when the conditions set for it are met. Switching it on is your decision, and you are responsible for the merges it makes.
6. Your data
6.1 You own it
“Customer Data” means the data you and your tools send to the Service, and the records the Service keeps of your agents’ work. As between you and us, you own Customer Data. We claim no ownership of what your agents produce for you.
6.2 What you allow us to do with it
You give us a worldwide, non-exclusive license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service for you, to prevent abuse of it, and to meet the law. Where Customer Data includes personal data, we process it as your processor under the Data Processing Addendum.
6.3 No training
FireFunc runs no AI models. We do not use Customer Data to train AI models, and we do not give it to anyone else to do so. What the vendors of your engines may do with the data you send them is governed by your agreements with them.
6.4 Service metrics
We may compile aggregated statistics about the Service — how many runs it handled and how they ended, for example — and use them to operate and improve it. These statistics do not identify you or any person, and contain none of your content.
6.5 What reaches us
FireFunc does not clone, fetch or store your repositories: agents work in a checkout on your machine, or in the cloud of the engine’s vendor if you chose one there. What does reach us, and how long we keep it, is set out in the Privacy Policy and in Annex I of the Data Processing Addendum.
6.6 Your responsibilities for it
You are responsible for Customer Data: for having the rights and the lawful basis to send it through the Service, and for any notices or consents it needs. The Service is not designed to hold payment card data, health records or other specially regulated data. Do not route such data through it.
7. Acceptable use
You, the people you invite and the agents you configure must follow the Acceptable Use Policy, which forms part of these Terms. If it is broken, we may act as Suspension and termination describes.
8. Plans, trials and fees
An organization starts on a trial unless we agree another plan with you when we open it. What your plan includes, and when a trial ends, are shown in the product. Each plan sets limits, such as the number of seats, workspaces, active agents, machines and connections, and the Service enforces them. When a trial ends without a paid plan, some actions, such as inviting people, are refused until one is chosen.
Paid plans will be offered on the terms shown at purchase. Until you buy one, you owe us nothing for the Service. What you pay the vendors of your tools and engines is between you and them.
9. Early access and beta features
FireFunc is in early access. The Service, and any feature we call beta, preview or early access, is provided “as is” and “as available”. It may change or be withdrawn without notice and may not always work as described. Do not rely on it for anything whose failure you could not tolerate.
10. Suspension and termination
10.1 When you stop
You may stop using the Service at any time. You can delete your own account in your profile settings; after a 30-day grace period it is deleted as the Privacy Policy describes. A workspace’s owner can delete the workspace: that pauses its agents and archives it, but does not erase its data. The owner can then write to us at admin@firefunc.com to restore it, or to have its data erased (see Your data when the Service ends).
10.2 When we suspend access
We may suspend all or part of your access to the Service if:
- your use breaks these Terms or the Acceptable Use Policy;
- it threatens the security, integrity or availability of the Service or of other customers’ data;
- the law requires us to; or
- fees for a paid plan are overdue.
We suspend only as much as the problem requires. We tell you the reason and what would resolve it, unless the law or an urgent risk prevents us, and we restore access once it is resolved.
10.3 When we end these Terms
We may end these Terms for your organization:
- if you materially breach them and do not put the breach right within 30 days of our notice;
- at once, if the breach cannot be put right or is a serious breach of the Acceptable Use Policy; or
- for any reason, with 30 days’ notice — for example, if we end early access or withdraw the Service.
If we end them for any reason other than your breach, we refund any fees you prepaid for the time after they end.
10.4 Your data when the Service ends
At any time, including after the Service ends for you, you can ask us at admin@firefunc.com for a copy of your data. There is no export screen; we send the copy within 30 days of your request.
You can also ask us to restore an archived workspace, or to erase a workspace’s data. We erase it within 30 days of the request; restoring and erasing are both done by hand. Until then, an archived workspace’s data is kept with its agents paused, and the retention periods in the Privacy Policy keep applying to it. Once these Terms have ended, we may also erase your data after giving you at least 30 days’ notice. Erased data can remain in database backups for up to 7 more days.
10.5 What continues after the end
Your data when the Service ends, Confidentiality, Warranties and disclaimers, Limitation of liability, Indemnities, Governing law and venue and General continue to apply after these Terms end, as does any obligation to pay fees already due.
11. Confidentiality
“Confidential Information” is information one party shares with the other that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is your Confidential Information; the parts of the Service that are not public are ours.
The party receiving Confidential Information uses it only to perform these Terms or to exercise its rights under them, shares it only with its own people and service providers who need it and are bound by duties at least as protective as these, and protects it with at least reasonable care.
These duties do not cover information that is or becomes public through no fault of the receiving party, that it already knew without a duty of confidence, that it lawfully received from someone else without such a duty, or that it developed independently. If the law requires the receiving party to disclose Confidential Information, it may disclose what is required, after telling the other party first where the law allows, so that the other party can seek protection.
12. Warranties and disclaimers
Each party confirms that it has the authority to enter into these Terms.
Except as these Terms expressly say, the Service, the runner and everything produced through them are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim every other warranty, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, secure or free of errors, that anything an agent or engine produces will be accurate, secure or fit for your purpose, or that the Service will work with any particular tool or engine. We are not responsible for services we do not provide: the tools you connect, the engines you run, your machines, or the networks between them.
13. Limitation of liability
Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of or relating to these Terms or the Service, even if it was told they were possible.
Each party’s total liability arising out of or relating to these Terms and the Service is limited to the greater of (a) the fees you paid us for the Service in the 12 months before the event that gave rise to the liability, and (b) US$100.
These limits apply whatever the legal theory — contract, tort (including negligence) or anything else — and they apply to the Indemnities. They do not apply to your obligation to pay fees, to a party’s fraud or willful misconduct, or to any liability that the law does not allow to be limited.
14. Indemnities
14.1 Yours
You will defend us against any claim by a third party arising from Customer Data, from use of the Service by you or your people in breach of these Terms or the Acceptable Use Policy, or from what is done in your tools or on your machines on your instructions, including changes you merge. You will pay the damages and costs finally awarded against us on such a claim, or agreed in a settlement you approve.
14.2 Ours
We will defend you against any claim by a third party that the Service, as we provide it, infringes that party’s intellectual property rights, and pay the damages and costs finally awarded against you on such a claim, or agreed in a settlement we approve. This does not cover a claim arising from Customer Data, from anything an agent or engine produces, from the tools or engines you use, from combining the Service with anything we did not provide, from a change we did not make, or from use in breach of these Terms.
If we believe such a claim is likely, we may change the Service so that it no longer infringes, obtain the right for you to keep using it, or, if neither is reasonably possible, end the affected part of the Service and refund any fees you prepaid for the time after. This section is your only remedy for a claim that the Service infringes.
14.3 How claims are handled
The party seeking protection must tell the other promptly in writing, let it control the defense and settlement, and give it reasonable help at its expense. A late notice reduces the obligation only as far as the delay caused harm. A settlement that admits fault for the protected party, or places an obligation on it, needs that party’s consent, which it will not unreasonably withhold.
15. Changes to these Terms
We may update these Terms. The date and version at the top of this page change with every update. For a material change, we tell you at least 30 days before it takes effect, by email or in the product. Other changes, and changes the law requires sooner, take effect when they are published.
If you do not agree to a change, stop using the Service before it takes effect and tell us at admin@firefunc.com. If you stop because of a material change, we refund any fees you prepaid for the time after it takes effect. Using the Service after a change takes effect means you accept it.
16. Governing law and venue
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The state and federal courts located in Delaware have exclusive jurisdiction over any such dispute, and each party consents to their jurisdiction and to venue there.
17. General
- Whole agreement. These Terms, with the Acceptable Use Policy and the Data Processing Addendum, are the whole agreement between you and us about the Service, and replace any earlier agreement about it, subject to a signed agreement as described in Who we are and what these Terms cover. On the processing of personal data, the Data Processing Addendum prevails.
- Assignment. You may not transfer these Terms without our written consent, except to a successor to all or substantially all of your business that agrees to them. We may transfer them, after telling you, to the company that operates FireFunc once it is incorporated, or to a successor in a merger, acquisition or sale of the business.
- Events beyond control. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as a failure of a cloud provider or of the internet, a natural disaster, war, a strike or an act of government. This does not excuse paying fees.
- Notices. We send notices to the email address on your account or show them in the product. You send notices to admin@firefunc.com. An email notice is given when it is sent, unless the sender learns that it was not delivered.
- Export and sanctions. Each party complies with the export control and sanctions laws of the United States that apply to it. You may not use the Service in, or give access to it to anyone in, a country or region under comprehensive US sanctions, or to anyone on a US government list of restricted parties.
- Publicity. We will not use your name or logo to promote FireFunc without your permission.
- Everything else. The parties are independent contractors. These Terms give no rights to anyone else. A failure to enforce a provision is not a waiver of it. If a provision cannot be enforced, it is limited as little as necessary and the rest remains in force. Headings are for convenience only, and “including” means “including without limitation”.
18. Contact
For any question about these Terms, for notices, and for every request they describe, write to SoftHawker LLC at admin@firefunc.com.