These Terms of service were last updated in November 2020.
The following Terms of service govern all access to and use of the pace.dev web application, the pace.dev website (“Website”) and all content, services and products available at or through the Website (collectively, the “Firesearch App Service”).
The Firesearch App Service is owned and operated by PACE SOFTWARE LTD (“Pace”, “we”, “our” or “us”). The Firesearch App Service is offered subject to your acceptance of the Terms of service contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using the Firesearch App Service. By accessing or using any part of the Firesearch App Service, you agree to become bound by the Terms of service of the Agreement which includes our Privacy Policy and any linked material. If you do not agree to all the Terms of service of the Agreement, then you may not access or use the Firesearch App Service.
Firesearch App is a subscription service and API that lets you perform fulltext queries and creates indexes in your cloud enviroment. Pace may also, in the future, update current services and/or features or offer new services and/or features to the Firesearch App Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the Terms of service of the Agreement.
Access to the Firesearch App Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the Firesearch App Service at any time without notice.
In order to use the Firesearch App Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
To use the Firesearch App Service, you must first create a Firesearch user account (“Firesearch App Account”) by signing on the Website and following any prompts.
You may create a Firesearch App Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users.
You are responsible for maintaining the security of your Firesearch App Account, and you are fully responsible for all activities that occur under your Firesearch App Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify Pace of any unauthorized uses and users of your Firesearch App Account or any other breaches of security. Pace will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may access and use the Firesearch App Service on any of our subscription plans:
You may only use the Firesearch App Service within the limits of your subscription level.
To purchase a Paid Subscription to the Firesearch App Service, you will be required to select a subscription and provide accurate information regarding your credit card or other payment instrument. You agree to our third party service providers, including Stripe, storing and using your payment card information for the purpose of processing the payment.
You agree to pay Pace all amounts specified in the applicable subscription plan in accordance with the Agreement.
By providing your payment instrument details, you authorise Pace or companies who work on Pace's behalf, such as payment processors, to bill your payment instrument in advance for the relevant subscription fee on the date you purchase a Paid Subscription to the Firesearch App Service (the “Initial Billing Date”) and on each monthly or annual anniversary (as applicable, depending on your chosen subscription plan) of the Initial Billing Date (the “Subsequent Billing Date(s)”). The Initial Billing Date and any Subsequent Billing Dates are together referred to herein as the “Billing Date(s)”.
The relevant subscription fees:
If, for any reason, we are unable to bill your payment instrument or process the payment of the relevant subscription fee within thirty (30) days of the Billing Date, and without prejudice to any of our other rights and remedies:
If you dispute any charges you must let Pace know within twenty (20) days after the Billing Date.
We reserve the right to change our prices for the Paid Subscriptions in the future. Price changes for existing Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. If we do change prices, we will provide you with at least one month’s notice of the change on the Website and in an email to you. Your continued use of the Firesearch App Service after the price change becomes effective constitutes your agreement to pay the new price.
Your Paid Subscription will automatically renew at the end of every month or year (as applicable, depending on your chosen subscription plan) after the Billing Date, unless you cancel your Paid Subscription in accordance with clause 4.6.
Changes on the subscription level for a given licence are not supported yet, and it will require to purchase a new subscription licence
You may cancel your Paid Subscription using the website. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. Subject to the below paragraph, you will not receive a refund for subscription fees paid to us.
If you are a consumer residing in the European Union, and do not use the Firesearch App Service for business purposes, you have the right to cancel your Paid Subscription and receive a full refund within fourteen (14) days of the original date of purchase.
Any kind of reselling, licensing, or sub-licensing subscriptions, or services provided by Firesearch App Service is not allowed.
With the exceptions noted in clause 6, we are the owner or the licensee of all intellectual property rights in the Firesearch App Service and on the Fireseach Website and in the material published in connection therewith. We grant you:
These licenses shall terminate when the Agreement terminates in accordance with clause 11.
The Agreement does not transfer any of Pace's or any of Pace's licensors’ intellectual property to you. Title to such intellectual property will remain solely with Pace or Pace's licensors (as applicable).
All Pace trademarks, service marks, trade names, logos, domain names, and any other features of the Pace brand are the sole property of Pace. Your use of the Firesearch App Service grants you no right or license to reproduce or otherwise use any of Pace's trademarks, service marks, trade names, logos, domain names or any other features of the Pace brand, whether for commercial or non-commercial use.
The Firesearch App Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the Firesearch App Service following the notification of any changes to the Agreement constitutes acceptance of those changes.
By using Firesearch App, you will require your employees and your clients to comply with the terms of this Agreement and all applicable laws and regulations.
YOU AGREE THAT PACE MAY MONITOR USE OF THE WEBSITE AND THE APP TO ENSURE QUALITY, IMPROVE OUR PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS.
You understand and agree that Pace may track your movement on the Website and anonymize the data for its own purposes, and if you subscribe, obtain information about you such as your name and email address. By visiting our Website and using Firesearch App Services, you agree to the collection and use of such data.
Pace may terminate the Agreement and suspend your access to all or any part of the Firesearch App Service immediately by contacting you at your email address on record if:
If you wish to terminate the Agreement, you must cancel your Pace Account.
On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the Firesearch App Service, and you must delete all copies of the software and documentation in your possession.
To the maximum extent permitted by law, the Firesearch App Service is provided “as is” and “as available”. Pace hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Pace does not warrant that the Firesearch App Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Firesearch App Service at your own discretion and risk.
We do not warrant, endorse, guarantee or assume responsibility for any data loss, interruption of service, or software malfunction of any products or services advertised or offered by a third party on or through the Firesearch App Service.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
IN NO EVENT WILL PACE BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES; (II) LOSS OF PROFIT, BUSINESS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY; (III) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (IV) THE COST OF INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE FEES PAID BY YOU TO PACE UNDER THIS AGREEMENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. PACE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You represent and warrant that your use of the Firesearch App Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
You agree to indemnify and hold harmless Pace and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Firesearch App Service, including but not limited to your violation of the Agreement.
The Agreement will be governed by the laws of England and Wales, without regard to its conflict of law provisions. Any dispute arising from, or related to, the Agreement shall be subject to the exclusive jurisdiction of the courts located in England and Wales.
The Agreement constitutes the entire agreement between Pace and you concerning the provision of the Firesearch App Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the Terms of service of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding this privacy policy or our processing of your information, please email [email protected] or write to:
PACE SOFTWARE LTD
91a Church Lane, Bulphan, Upminster
England, RM14 3TR