1. Agreement

These terms are an agreement between you and Firehorse Agent, Inc. (“Firehorse”). They govern your use of the Firehorse Inspections mobile app (the “App”). By installing or using the App, you agree to these terms. If you do not agree, do not use the App.

2. Who may use the App

You may use the App only if you are 18 or older and an organization that has an agreement with Firehorse (a “Customer”) has authorized you to use it. Your right to use the App ends when the Customer’s authorization or agreement ends.

3. Relationship to the Customer agreement

The Customer’s agreement with Firehorse governs the Customer’s use of the Firehorse Platform. Information you capture in the App belongs to the Customer. The Customer may access, keep or delete it. If the Customer’s agreement with Firehorse conflicts with these terms, that agreement controls.

4. License

Firehorse grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a device you own or control, solely for the Customer’s business purposes. On Apple devices, this license is limited to Apple-branded products and to the uses permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing. You may not copy, modify, reverse engineer or distribute the App.

5. Your responsibilities

• Follow the Firehorse Acceptable Use Policy at firehorseagent.com/acceptable-use and your organization’s policies.

• Before recording a conversation with another person, get any consent the law requires. Some states, including California and Pennsylvania, require the consent of everyone in the conversation.

• Avoid photographing people, or personal information unrelated to the inspection, where you reasonably can.

• Check transcripts against the original recording before relying on them in a report. Transcripts are produced by software and can contain errors.

• Keep your sign-in credentials private and protect your device with a passcode.

• Tell your organization’s administrator promptly if your device is lost or stolen.

• Do not try to get around the App’s security controls.

6. Your organization’s device policies

Your organization may require you to manage the App with device or app management software that your organization chooses and operates. Firehorse does not control that software. That software may require a PIN, limit copying or sharing, block the App on modified devices, and remove your organization’s data from the App.

7. Privacy

The Firehorse Privacy Policy at firehorseagent.com/privacy-policy explains how information is handled in the App.

8. Termination

Firehorse or the Customer may suspend or end your access at any time. When your access ends, stop using the App and delete it from your device.

9. Apple and Google

These terms are between you and Firehorse only, not Apple Inc. (“Apple”) or Google LLC (“Google”). Firehorse, not Apple or Google, is solely responsible for the App and its content.

10. Maintenance and support

Firehorse is solely responsible for maintenance and support of the App. Contact support at support@firehorseagent.com. Apple and Google have no obligation to provide maintenance or support for the App.

11. Warranty

The App is provided to you “as is” and “as available,” without warranties of any kind, to the maximum extent permitted by law. Any warranty about the App is made only to the Customer, in the Customer’s agreement with Firehorse. To the extent any warranty applies and the App fails to conform to it, you may notify Apple, and Apple will refund the purchase price of the App, if any. The App is provided free of charge. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Firehorse is solely responsible for any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty.

12. Product claims

Firehorse, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

13. Intellectual property claims

If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, Firehorse, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.

14. Legal compliance

You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.

15. Third-party terms and third-party beneficiaries

You must comply with any third-party terms that apply when you use the App, such as your wireless data service agreement. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right to enforce them against you as a third-party beneficiary.

16. Limitation of liability

To the maximum extent permitted by law, Firehorse will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, arising out of or relating to the App or these terms. To the maximum extent permitted by law, Firehorse’s total liability to you arising out of or relating to the App or these terms will not exceed one hundred U.S. dollars ($100). Nothing in these terms limits liability that cannot be limited under applicable law.

17. Governing law

The laws of the Commonwealth of Pennsylvania govern these terms, without regard to its conflict of laws rules. Any dispute arising out of or relating to these terms will be brought exclusively in the state courts located in Philadelphia County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania.

18. Changes

Firehorse may update these terms. We will post the updated terms at this address and update the effective date. Continued use of the App after an update means you accept it.

19. Contact

Firehorse Agent, Inc., 533 E Girard Ave STE 74061 Philadelphia, PA 19125. Email: support@firehorseagent.com. Phone: (215) 995-5107.