End User
License Agreement

1. Acceptance of this Agreement

This End User License Agreement (this “Agreement”) is entered into between FireSign AI Inc., a California corporation (“FireSign,” “we,” “our,” or “us”), and you, the individual end user of the FS Software (“End User,” “you,” or “your”).

BY CLICKING “I ACCEPT,” BY DOWNLOADING, INSTALLING, OR USING THE FS SOFTWARE, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, (B) AGREE TO BE LEGALLY BOUND BY ITS TERMS, AND (C) REPRESENT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE FS SOFTWARE.

The “Effective Date” of this Agreement is the date you first accept it as described above.

2. Definitions

• (a) “Aggregated Statistics” means data and information related to End User’s use of the FS Software that is compiled by FireSign in an aggregated and anonymized manner, including statistical and performance information related to the provision and operation of the FS Software.
• (b) “Authorized User” means a person authorized by End User to access and use the FS Software under the rights granted to End User pursuant to this Agreement, including End User’s family members residing at the Subject Property.
• (c) “Downloadable Software” means any software FireSign makes available for download by End User to facilitate access to or use of the FS Software, together with any updates FireSign may make available from time to time.
• (d) “End User Data” means information, data, images, and other content, in any form or medium, submitted, posted, or otherwise transmitted by or on behalf of End User or an Authorized User through the FS Software, including information used to create a “digital twin” of the Subject Property. End User Data does not include Aggregated Statistics.
• (e) “FireSign IP” means all intellectual property and proprietary rights in the FS Software, the Software Documentation, the Aggregated Statistics, and any and all materials provided to End User or any Authorized User. Intellectual property rights include utility patents, design patents, copyright, trademarks, trade names, service marks, service names, trade secrets, and all registrations and applications to register any of the foregoing.
• (f) “FS Software” means FireSign’s software platform that uses artificial intelligence to assist residential homeowners with assessing and protecting against the risk of wildfire, as well as any Downloadable Software, Software Documentation, updates, modifications, online services, and related features made available by FireSign from time to time.
• (g) “Privacy Policy” means FireSign’s privacy policy, currently available at [https://firesign.ai/privacy], as updated from time to time. The Privacy Policy is incorporated into this Agreement by this reference.
• (h) “Software Documentation” means FireSign’s user manuals, handbooks, and guides relating to the FS Software, provided by FireSign to End User in any form.
• (i) “Subject Property” means the residential property in respect of which End User uses the FS Software.
• (j) “Third-Party Software” means any third-party software incorporated into or used in connection with the FS Software, including artificial intelligence software (such as large language models), cloud-hosting services, and open-source software.

3. Eligibility

You represent and warrant that you:

• (a) are at least 18 years of age and have the legal capacity to enter into a binding contract;
• (b) are accessing and using the FS Software for personal, non-commercial purposes in respect of a Subject Property you own or lawfully occupy, or as authorized by an owner or lawful occupant of the Subject Property; and
• (c) are not listed on any U.S. Government list of prohibited or restricted parties.

4. License Grant

Subject to your continuing compliance with this Agreement, FireSign grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to download, install, and execute the FS Software solely for your personal, non-commercial use in connection with the Subject Property. FireSign reserves all rights not expressly granted to You in this Agreement.

5. Use Restrictions

You shall not, and shall not permit any Authorized User or any other party to:

• (a) copy, modify, or create derivative works of the FS Software, in whole or in part;
• (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the FS Software;
• (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the FS Software, except to the extent these restrictions are prohibited by applicable law;
• (d) remove or obscure any proprietary, copyright, or other notices contained in the FS Software;
• (e) use the FS Software or any output of the FS Software to develop, train, or improve any other system including an artificial intelligence model, machine learning system, and competing product;
• (f) use the FS Software in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or
• (g) use the FS Software to generate, transmit, or store any content that is unlawful, harmful, harassing, defamatory, infringing, or that contains personal information of any third party who has not consented to its submission.

6. AI Integration; Limitations of AI; Not Professional Advice

(a) AI integration. The FS Software incorporates artificial intelligence, including Third-Party Software such as large language models. You acknowledge and agree that AI systems may produce results that are inaccurate, incomplete, biased, outdated, or otherwise flawed. Such inaccurate results include outputs that appear plausible but are factually incorrect and are sometimes referred to as “hallucinations.” Output of the FS Software is generated automatically and is not reviewed before being presented to you.

(b) NOT PROFESSIONAL ADVICE. The FS Software is provided for informational purposes only. Output of the FS Software does not constitute professional fire-safety, engineering, insurance, real-estate, legal, or other professional advice, and is not a substitute for professional inspection, consultation with a qualified fire-safety professional, defensible-space mitigation services, compliance with applicable building or fire codes, or any insurer’s requirements. You should not rely on the FS Software as the sole basis for any decision related to wildfire risk, property protection, evacuation, or life safety. In an emergency, contact local emergency services immediately.

Each emergency evacuation plan developed by the FS Software is created using the software’s AI integration. The efficacy of any emergency evacuation plan is limited by the scope, specificity, and accuracy of the information provided to the FS Software for the purpose of preparing the evacuation plan. All plans must be reviewed for accuracy and completeness.

7. Third-Party Software; Open Source

The FS Software incorporates Third-Party Software, including open-source software components. Notices regarding such third-party components, including applicable licenses and attribution, are available at [https://firesign.ai/third-party-notices] or within the FS Software. Use of Third-Party Software is governed by the terms of the applicable third-party license.

8. End User Data; Privacy

• (a) Ownership. As between you and FireSign, you retain all right, title, and interest in and to End User Data.
• (b) License to FireSign. You grant FireSign a non-exclusive, royalty-free, worldwide license to host, store, reproduce, modify, transmit, display, and otherwise use End User Data as reasonably necessary to (i) provide, execute, maintain, and improve the FS Software for you and other users, (ii) develop new features and services, (iii) comply with applicable law and respond to valid legal process, and (iv) enforce this Agreement and protect the rights, safety, and property of FireSign, its users, and third parties.
• (c) Third-party processing. End User Data processed by Third-Party Software is subject to the terms and privacy policies associated with that Third-Party Software. For example, End User Data may be incorporated into an operational database of the Third-Party Software.
• (d) Privacy Policy. FireSign’s collection, use, retention, and disclosure of personal information about you is governed by the Privacy Policy. You and each Authorized User agree to carefully review the Privacy Policy. The Privacy Policy describes the categories of personal information FireSign collects, the purposes for which it is used, the categories of recipients with whom it is shared, your rights under California law (including under the California Consumer Privacy Act, as amended by the California Privacy Rights Act), and how to exercise those rights, including the right to know, correct, delete, and opt out of the sale or sharing of your personal information.
• (e) Sensitive content. The FS Software may collect images of the Subject Property, your address, geolocation, and related property information. You and each Authorized User agree not to submit personal information of any other person (including household members, neighbors, contractors, or visitors) without that person’s knowledge and, if required by law, their consent.

9. Aggregated Statistics

Notwithstanding anything to the contrary in this Agreement, FireSign may monitor End User’s use of the FS Software and collect, compile, and use Aggregated Statistics. As between FireSign and End User, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by FireSign. End User acknowledges that FireSign may compile Aggregated Statistics based on End User Data submitted to the FS Software, and agrees that FireSign may (a) make Aggregated Statistics publicly available in compliance with applicable law, and (b) use Aggregated Statistics to the extent and in the manner permitted under applicable law, including to operate, improve, and promote the FS Software.

10. Intellectual Property; Feedback

• (a) FireSign IP. As between End User and FireSign, FireSign owns all right, title, and interest in and to the FireSign IP. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants to End User or any other party any intellectual property rights or other right, title, or interest in or to the FireSign IP.
• (b) Feedback. If you or any Authorized User sends or transmits to FireSign any communications or materials suggesting or recommending changes to the FS Software or Software Documentation, including new features or functionality, or any comments, questions, suggestions, or the like (collectively, “Feedback”), FireSign has a perpetual, irrevocable, royalty-free, worldwide, sublicensable right to use the Feedback for any purpose without obligation or restriction.

11. Suspension

FireSign may suspend End User’s and any Authorized User’s access to the FS Software or any portion thereof, if FireSign reasonably determines that (a) there is a threat or attack on the FS Software or any of the FireSign IP; (b) to mitigate any actual or potential claim of infringing the intellectual property or other rights of any other party; (c) End User’s or any Authorized User’s use of the FS Software disrupts or poses a security risk to the FS Software or to any other user or vendor of FireSign; (d) End User or any Authorized User is using the FS Software for fraudulent or illegal activities; or (e) FireSign’s provision of the FS Software is prohibited or restricted by applicable law. FireSign will use commercially reasonable efforts to provide notice of any suspension and to restore access promptly after the event giving rise to suspension is resolved.

12. Term and Termination

• (a) Term. This Agreement begins on the Effective Date and continues until terminated as provided in this Section 12.
• (b) Termination by End User. You may terminate this Agreement at any time by uninstalling the Downloadable Software and ceasing all use of the FS Software.
• (c) Termination by FireSign. FireSign may terminate this Agreement or suspend your access to the FS Software at any time, with or without cause and with or without notice, including upon any breach by you of this Agreement, any discontinuation of the FS Software, or where required by applicable law.
• (d) Effect of Termination. Upon any termination or expiration of this Agreement, your access and license to the FS Software ends immediately. You shall promptly cease all use of the FS Software, uninstall and delete all copies of the Downloadable Software, and destroy any Software Documentation in your possession. FireSign’s rights with respect to End User Data and Aggregated Statistics granted under this Agreement survive termination.
• (e) Survival. Sections 2 (Definitions), 6 (AI Integration; Not Professional Advice), 8 (End User Data; Privacy), 9 (Aggregated Statistics), 10 (Intellectual Property; Feedback), 12(d)–(e), 13 (Warranty Disclaimer), 14 (Indemnification), 15 (Limitation of Liability), 16 (Dispute Resolution; Arbitration), 17 (Governing Law; Venue), and 21 (Miscellaneous) survive any termination or expiration of this Agreement.

13. Warranty Disclaimer

FireSign does not make any representations, warranties or guarantees regarding uptime, availability, or accuracy of the FS Software.

THE FS SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIRESIGN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FIRESIGN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FIRESIGN MAKES NO WARRANTY OF ANY KIND THAT THE FS SOFTWARE WILL MEET END USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS ANY WARRANTY THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

• (a) By FireSign AI. Subject to Section 15, FireSign AI shall indemnify, defend, and hold harmless End User from and against any losses, damages, liabilities, and reasonable attorneys’ fees (collectively, “Losses”) incurred by End User resulting from any third-party claim, suit, action, or proceeding (a “Third-Party Claim”) that the FS Software, when used in accordance with this Agreement, infringes or misappropriates that third party’s intellectual property rights, provided that End User promptly notifies FireSign AI in writing of the claim, cooperates with FireSign AI in the defense, and gives FireSign AI sole authority to control the defense and settlement. For any actual or potential Third-Party Claim, FireSign AI may, at its sole option, (i) modify or replace the FS Software to make it non-infringing, (ii) obtain the right for End User to continue use, or (iii) terminate this Agreement. This Section 14(a) does not apply to the extent the alleged infringement arises from (A) use of the FS Software in combination with data, software, hardware, equipment, or technology not provided or authorized by FireSign AI, (B) modifications to the FS Software not made by FireSign AI, or (C) End User Data.
• (b) By End User. To the fullest extent permitted by applicable law, you shall indemnify, defend (at FireSign AI’s option), and hold harmless FireSign from any Losses arising from any Third-Party Claim to the extent caused by (i) your gross negligence or willful misconduct, (ii) your material breach of this Agreement, (iii) your violation of any applicable law in connection with the FS Software, or (iv) End User Data that infringes the intellectual property rights of a third party. You may not settle any Third-Party Claim against FireSign without FireSign AI’s prior written consent. FireSign AI may, at its option, defend itself against, or participate by counsel of its own choice in the defense of, any such Third-Party Claim.
• (c) Sole Remedy. Section 14(a) sets forth End User’s sole remedies and FireSign AI’s sole liability and obligation for any actual, threatened, or alleged claims that the FS Software infringes, misappropriates, or otherwise violates the intellectual property rights of any other party.

15. Limitation of Liability

• (a) Limitation of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN SECTION 15(c), IN NO EVENT WILL FIRESIGN AI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FIRESIGN AI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
• (b) Cap on Direct Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN SECTION 15(c), FIRESIGN AI’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100), OR (ii) THE TOTAL AMOUNT, IF ANY, YOU HAVE PAID TO FIRESIGN AI FOR THE FS SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• (c) Savings. THE LIMITATIONS IN THIS SECTION 15 DO NOT APPLY TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR OF LIABILITY FOR CERTAIN ACTS.
• (d) Basis of the Bargain. You acknowledge that the limitations and exclusions in this Section 15 are an essential element of the bargain between the parties and that, absent these limitations and exclusions, the economic terms of this Agreement would be materially different.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FIRESIGN AI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS DESCRIBED IN SECTION 16(e).

• (a) Informal Resolution. Before filing any claim, the parties agree to first attempt to resolve any dispute informally. You agree to send a written notice to FireSign AI at the address in Section 21(b), describing the dispute and the relief sought. The parties will negotiate in good faith for at least thirty (30) days from receipt of the notice.
• (b) Binding Individual Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the FS Software that is not resolved informally will be resolved exclusively by binding individual arbitration administered by JAMS pursuant to its then-current Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in Sonoma County, California, or, at your election, by videoconference or telephone. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16.
• (c) Class Action Waiver. YOU AND FIRESIGN AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
• (d) Carve-Outs. This Section 16 does not apply to (i) claims for injunctive or other equitable relief to protect intellectual property rights or Confidential Information, (ii) any claim that may be brought in small-claims court, or (iii) any claim for public injunctive relief that cannot be waived under California law (see McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)).
• (e) Right to Opt Out. You may opt out of this Section 16 by sending written notice to FireSign AI at the address in Section 21(b) within thirty (30) days after first accepting this Agreement. Your notice must include your full name, mailing address, the email address you used to access the FS Software, and a clear statement that you wish to opt out of arbitration. Opting out of this Section 16 has no effect on any other provision of this Agreement.
• (f) Severability. If the class action waiver in Section 16(c) is found unenforceable as to any claim, then the entirety of this Section 16 is null and void as to that claim and that claim shall proceed in court under Section 17; provided, however, that the remainder of this Agreement remains in effect.

17. Governing Law; Venue

This Agreement is governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. To the extent any claim is not subject to arbitration under Section 16, the parties consent to the exclusive jurisdiction of the federal and state courts located in the County of Sonoma, California, and irrevocably waive any objection to venue in those courts.

18. Modifications to this Agreement

FireSign AI may modify this Agreement from time to time by providing written notice at least thirty (30) days before the change takes effect (except where a shorter period is required by law or where the change is favorable to End User). Notice may be provided through the FS Software, by email to the address associated with your account, or by any other means that is reasonably intended to provide You with notice. Your continued use of the FS Software after the effective date of a modification constitutes your acceptance of the modified Agreement. If you do not agree to a modification, you must stop using the FS Software and terminate this Agreement under Section 12 before the modification takes effect.

19. Electronic Acceptance and Communications

You consent to receive communications from FireSign AI in electronic form, including notices, disclosures, and agreements. You agree that all electronic communications satisfy any legal requirement that such communications be in writing. Your electronic acceptance of this Agreement (including by clicking “I Accept,” installing, or using the FS Software) has the same legal effect as a handwritten signature in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and California’s Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). You may withdraw consent to electronic communications by ceasing to use the FS Software and uninstalling the Downloadable Software.

21. Miscellaneous

• (a) Entire Agreement. This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the sole and entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to that subject matter.
• (b) Notices. Notices to FireSign AI must be in writing and addressed to: FireSign AI Inc., 2221 London Ranch Road, Glen Ellen, CA 95442 Attn: Legal. Notices to you may be provided by email to the address associated with your account, by posting in the FS Software, or by other means reasonably intended to provide You with notice.
• (c) Force Majeure. FireSign AI will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, wildfire, flood, earthquake, pandemic, war, terrorism, civil unrest, labor disputes, governmental action, or failures of internet or third-party service providers.
• (d) Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, that determination will not affect any other provision or invalidate the provision in any other jurisdiction. Upon such a determination, the parties shall negotiate in good faith to modify the Agreement to effect the original intent as closely as possible.
• (e) Amendment; Waiver. Except as provided in Section 18, no amendment is effective unless in a writing signed by an authorized representative of FireSign AI. No waiver by FireSign AI of any provision is effective unless explicitly set forth in writing and signed by FireSign AI. No failure or delay in exercising any right operates as a waiver, and no single or partial exercise precludes any other or further exercise.
• (f) Assignment. You may not assign or transfer this Agreement or any rights or obligations under it, by operation of law or otherwise, without FireSign AI’s prior written consent, and any purported assignment in violation of this Section is void. FireSign AI may assign this Agreement, in whole or in part, without restriction. This Agreement binds and inures to the benefit of the parties and their respective permitted successors and assigns.
• (g) Equitable Relief. You acknowledge that a breach or threatened breach of Section 5 (Use Restrictions) or Section 9 (Intellectual Property) would cause FireSign AI irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such a breach or threatened breach, FireSign AI will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available, without any requirement to post a bond or to prove actual damages. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
• (h) No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever.
• (i) Headings; Interpretation. Headings are for convenience only and do not affect interpretation. The word “including” means “including without limitation.”
• (j) Non-Waivable Consumer Rights. Nothing in this Agreement waives or limits any consumer right that cannot be waived or limited under applicable law.