Terms of Service

FireGauge Platform Usage Agreement

Last Updated: January 15, 2025

These Terms of Service ("Terms") govern your access to and use of the FireGauge Operational Compliance Dashboard platform ("Platform" or "Service") provided by Definitive Networks, Inc. ("FireGauge," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using FireGauge, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (and, if applicable, the emergency services agency you represent) and Definitive Networks, Inc.

2. Service Description

FireGauge provides a cloud-based operational compliance dashboard platform designed for fire and EMS agencies. The Platform:

  • Integrates data from CAD, RMS, ePCR, training platforms, scheduling software, and asset management systems
  • Provides unified compliance dashboards accessible based on organizational chain-of-command
  • Enables supervisors to monitor operational compliance of direct reports
  • Allows personnel to access their individual compliance information
  • Generates standard operational reports and custom ad-hoc reports
  • Tracks incident response times, report completion, training status, and other operational metrics

3. Eligibility and Account Registration

3.1 Organizational Authorization

Access to FireGauge is provided to authorized fire and EMS agencies and their personnel. Individual users must be authorized by their agency administrator to create an account and access the Platform.

3.2 Account Requirements

Users must:

  • Be at least 18 years of age
  • Be employed by or affiliated with an authorized agency
  • Provide accurate, current, and complete registration information
  • Maintain the security and confidentiality of account credentials
  • Promptly notify us of any unauthorized account access

3.3 Account Responsibility

You are responsible for all activities conducted through your account. You agree to:

  • Use strong, unique passwords and enable multi-factor authentication where available
  • Not share account credentials with others
  • Immediately notify your agency administrator and FireGauge of suspected security breaches
  • Accept responsibility for unauthorized use resulting from failure to secure credentials

4. Authorized Use and Restrictions

4.1 Permitted Use

You may use FireGauge solely for:

  • Legitimate operational compliance and performance management purposes
  • Monitoring direct reports within your authorized chain-of-command
  • Accessing your own compliance and performance information
  • Generating reports necessary for agency operations and decision-making
  • Supporting supervision, training, and quality improvement initiatives

4.2 Prohibited Activities

You agree not to:

  • Access information outside your authorized scope or chain-of-command
  • Attempt to circumvent security measures, access controls, or authentication mechanisms
  • Use the Platform for personal gain, harassment, discrimination, or retaliation
  • Misrepresent your identity, role, or authorization level
  • Share, distribute, or disclose confidential or sensitive information to unauthorized parties
  • Reverse engineer, decompile, or attempt to extract source code from the Platform
  • Introduce malware, viruses, or other harmful code
  • Interfere with or disrupt the Platform's operation or infrastructure
  • Use automated scripts, bots, or scrapers to access or collect data
  • Violate any applicable laws, regulations, or third-party rights

5. Data and Privacy

5.1 Data Ownership

Your agency retains ownership of all operational data uploaded to or generated within the Platform. FireGauge claims no ownership rights to your data.

5.2 Data Access and Permissions

Access to data is governed by role-based permissions and chain-of-command structure configured by your agency administrator. Users may only access information they are authorized to view.

5.3 Privacy Practices

Our collection, use, and protection of personal information is governed by our Privacy Policy. By using FireGauge, you consent to our privacy practices as described therein.

5.4 Data Integration

You authorize FireGauge to access and import data from integrated systems (CAD, RMS, ePCR, training platforms, scheduling software, etc.) as configured by your agency administrator.

6. Intellectual Property

6.1 FireGauge Property

The Platform, including all software, algorithms, user interfaces, documentation, trademarks, and other intellectual property, is owned by Definitive Networks, Inc. and protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for authorized purposes during your agency's subscription period.

6.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Platform
  • Rent, lease, sell, sublicense, or transfer access to the Platform
  • Remove, alter, or obscure proprietary notices or branding
  • Use the Platform to develop competing products or services

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable, continuous access to FireGauge. However, we do not guarantee uninterrupted availability and may experience downtime due to:

  • Scheduled maintenance (communicated in advance when possible)
  • Emergency maintenance or security updates
  • Third-party service interruptions
  • Events beyond our reasonable control

7.2 Platform Modifications

We reserve the right to modify, update, or discontinue features of the Platform at any time. We will provide reasonable notice of material changes that significantly impact functionality.

7.3 Beta Features

We may offer beta or experimental features. These are provided "as is" without warranties and may be modified or discontinued without notice.

8. Fees and Payment

8.1 Subscription Fees

Access to FireGauge requires a paid subscription as specified in your agency's service agreement. Fees are based on agency size, modules selected, and contract terms.

8.2 Payment Terms

  • Fees are billed according to the schedule in your service agreement (monthly, annually, etc.)
  • Payment is due upon invoice unless otherwise specified
  • Late payments may result in service suspension or termination
  • All fees are non-refundable except as required by law or specified in your agreement

8.3 Fee Changes

We may adjust fees upon renewal. You will be notified of fee changes at least 60 days before the renewal date.

9. Term and Termination

9.1 Term

These Terms remain in effect for as long as you access or use the Platform.

9.2 Termination by Agency

Your agency may terminate its subscription according to the terms of its service agreement. Individual users may request account deactivation by contacting their agency administrator.

9.3 Termination by FireGauge

We may suspend or terminate your access immediately if:

  • You violate these Terms
  • Your agency's subscription expires or is terminated
  • Payment obligations are not met
  • We are required to do so by law or regulatory authority
  • Continued access poses security or legal risks

9.4 Effect of Termination

Upon termination:

  • Your access to the Platform is immediately revoked
  • Your agency may request export of its data within 30 days
  • We may delete data according to our retention policies and legal obligations
  • All licenses granted under these Terms terminate
  • Provisions intended to survive termination (e.g., confidentiality, indemnification) remain in effect

10. Warranties and Disclaimers

10.1 Service Warranty

We warrant that the Platform will perform substantially in accordance with its documentation under normal use. This warranty does not cover issues caused by misuse, unauthorized modifications, or third-party integrations.

10.2 Disclaimer

EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that:

  • The Platform will meet all your requirements
  • Data from integrated systems will always be accurate, complete, or timely
  • Defects will be corrected immediately
  • The Platform will be free from security vulnerabilities

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL DEFINITIVE NETWORKS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY YOUR AGENCY IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitation of liability for consequential damages, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Definitive Networks, Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your misuse of the Platform
  • Your violation of any laws or third-party rights
  • Unauthorized access resulting from your failure to secure account credentials
  • Any content or data you submit to the Platform

13. Confidentiality

13.1 Confidential Information

In using the Platform, you may access confidential information about your agency, personnel, and operations. You agree to:

  • Maintain confidentiality of all information accessed through the Platform
  • Use confidential information only for authorized operational purposes
  • Not disclose confidential information to unauthorized parties
  • Comply with your agency's policies regarding information security and disclosure

14. Third-Party Integrations

The Platform integrates with third-party systems (CAD, RMS, ePCR, etc.). We are not responsible for:

  • The availability, accuracy, or reliability of third-party systems
  • Changes to third-party APIs or data formats
  • Third-party terms of service or privacy practices
  • Data quality issues originating from third-party systems

15. Government Agencies

If you are a government agency, the Platform is provided as "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Use, reproduction, and disclosure are subject to these Terms.

16. Export Compliance

The Platform may be subject to U.S. export control laws. You agree to comply with all applicable export and import laws and not to export, re-export, or transfer the Platform to prohibited countries, entities, or persons.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@firegauge.com to attempt informal resolution.

17.2 Governing Law

These Terms are governed by the laws of the State of [State], without regard to conflict of law principles.

17.3 Venue

Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in [County], [State]. You consent to personal jurisdiction in these courts.

17.4 Arbitration

Disputes not resolved informally may be subject to binding arbitration in accordance with the terms of your service agreement.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and your agency's service agreement, constitute the entire agreement between you and FireGauge regarding the Platform.

18.2 Amendments

We may modify these Terms at any time. Material changes will be communicated via email or platform notice. Continued use after changes become effective constitutes acceptance.

18.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

18.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it later.

18.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.6 Notices

Notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@firegauge.com.

19. Contact Information

For questions about these Terms, contact us:

Definitive Networks, Inc.
Attn: Legal Department
Email: info@firegauge.com
Phone: 1-866-986-6911
Web: www.firegauge.com/contact

By using FireGauge, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.