FireTEXT® User Access and License Agreement Last updated and effective as of February 20, 2025

This User Access and License Agreement (the “Agreement”) is a legal document governing the use of FireTEXT Dispatch Solutions, Inc. (“FireTEXT”)’s dispatching notification software (the “Service”). The terms “FireTEXT”, “we”, “us” or “our” refer collectively to the licensor FireTEXT and our website FireTEXT.net (the “Site”). The term “you” or “your” refers to you as the user and licensee of our Service under this Agreement. You warrant and represent that you are at least eighteen (18) years of age, and if you are accepting this Agreement on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf.

ACCEPTANCE OF TERMS. By clicking “I Agree” during your initial registration for the Service and accessing and using our Service, you agree to be bound by the terms of this Agreement. We reserve the right to change this Agreement at any time and in our sole discretion. We will provide notice of any such changes to you by posting such notice on the Site or Service and notifying you through the Service. Your continued use of this Service following the date of the notification of the changes to the Agreement will constitute your acceptance of such changes.

DESCRIPTION OF SERVICE. The Service is designed to provide communication by, not limited to, push notification, SMS, and email. The Service is hosted by us or on our behalf.

LICENSE. Subject to the terms and conditions of this Agreement, FireTEXT grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable right and license to access and use our Service during the Term (as defined herein) unless sooner terminated. FireTEXT retains all rights, title, and interest in and to the Service, all Service applications, and any other content or materials supplied to you by us.

SMS CONSENT & OPT-IN REQUIREMENTS. FireTEXT complies with The Campaign Registry (TCR) and Telephone Consumer Protection Act (TCPA) regulations for SMS communications. By using our Service, you acknowledge that:

• Users must explicitly opt in to receive SMS messages.
• Users can opt out at any time by replying STOP.
• Users can request help by replying HELP.
• Message frequency may vary based on department activity.
• Standard message and data rates may apply.
• FireTEXT does not sell or share SMS consent information with third parties for marketing purposes.

FREE TRIAL. If you register for a free trial of the Service (“Free Trial”), FireTEXT will make the Service available to you during the period specified when you elect to receive the Free Trial at no cost. Your use of the Services during the Free Trial period shall be subject to this Agreement. Once the Free Trial ends, your access to the Service and any and all data input into the Service by you or on your behalf shall be terminated unless you continue to use the Services by purchasing a plan. No refunds are issued for the Free Trial period.

RESTRICTIONS. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way except as permitted under this Agreement; (ii) modify or make derivative works based upon the Service; or (iii) reverse engineer or access the Service in order to copy any ideas, features, functions, or graphics represented by or incorporated in the Service.

AVAILABILITY OF SERVICE. FireTEXT will use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week. However, from time to time, the Service may be inaccessible due to periodic maintenance, service malfunctions, or causes beyond our control. FireTEXT will not be responsible for any damages or costs incurred by you in connection with Service downtime.

PAYMENT. You will pay FireTEXT the fees specified in the plan corresponding to the service level for which you have subscribed. Payments are due upon receipt of the invoice. Your Service will automatically renew at the end of the Service period unless you cancel the Service before the end of the then-current Service period. Cancellation will take effect at the end of the then-current Service period. FireTEXT does not issue refunds.

YOUR REGISTRATION OBLIGATIONS. You agree to provide accurate, current, and complete information about yourself as prompted by the Service’s registration form and to maintain the accuracy of this information. Failure to provide accurate information may result in the suspension or termination of your account.

CONDUCT. You understand that all information, data, text, software, graphics, or other materials (“User Content”) are the sole responsibility of the person from whom such User Content originated. FireTEXT reserves the right to remove any content that violates this Agreement.

TERM AND TERMINATION. This Agreement shall commence upon acceptance of your Registration Data and initial payment and shall continue for the term of the Service plan selected by you. FireTEXT reserves the right to terminate or suspend your access to the Service for violations of this Agreement. If you cancel your FireTEXT Service, or if we terminate your access for your breach of this Agreement, we are not obligated to refund Service charges already paid.

LINKS AND THIRD-PARTY SERVICES. FireTEXT may provide links to other third-party services. FireTEXT is not responsible for the availability, use, or protection of data by such third-party services.

DISCLAIMER OF WARRANTIES. FIRETEXT PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES. FIRETEXT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. FIRETEXT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.

EXPORT CONTROL. You agree to comply with all applicable export and re-export control laws and regulations.

DISPUTES. Any controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration in Trumann, Arkansas, USA.

DAMAGE TO EQUIPMENT. You are responsible for all costs of repair or replacement of any FireTEXT equipment damaged due to misuse, neglect, or negligence.

GENERAL INFORMATION.

Entire Agreement. This Agreement, the Privacy Policy, and any applicable Registration Form constitute the entire agreement between you and FireTEXT.

Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas.

Notice. Notices required or permitted under this Agreement shall be given in writing to the specified contact address.

Consent to Receive Emails. You may not opt out of receiving account-related emails but may opt out of marketing emails.

Contact Us. If you have any questions concerning this Agreement, please contact us at support@firetext.net.



Last Updated: February 20, 2025