Terms of Service

1. Definitions

For the purposes of these Terms of Service ("Terms"), the following definitions apply:

• "Services" means the FirePan platform, tools, APIs, reports, and related services provided by Firepan, Inc., including SaaS subscriptions, Boutique Audits, and any other offerings described on our website or in a Statement of Work.
• "Customer Code" means any smart contract source code, bytecode, ABI definitions, configuration files, or related materials that you submit to FirePan for analysis.
• "Reports" means vulnerability assessments, security findings, audit reports, and any other deliverables generated by FirePan through its analysis of Customer Code.
• "Confidential Information" means any non-public information disclosed by either party to the other in connection with these Terms, including but not limited to Customer Code, Reports, business strategies, pricing, and technical data. Confidential Information does not include information that is (a) publicly available through no fault of the receiving party, (b) rightfully received from a third party without restriction, (c) independently developed without use of the disclosing party's Confidential Information, or (d) required to be disclosed by law.
• "Customer," "you," or "your" means the individual or entity agreeing to these Terms.
• "FirePan," "we," "us," or "our" means Firepan, Inc., a Delaware corporation.

2. Service Description

FirePan provides AI-powered smart contract security analysis services. Our platform orchestrates multiple security tools to help developers and organizations identify potential vulnerabilities in their smart contract code.

Our Services may include:

• SaaS Platform: Continuous security monitoring with automated scanning (Starter, Professional, Enterprise tiers)
• Boutique Audits: Expert-led comprehensive security assessments with detailed deliverables (Standard, Premium, Enterprise tiers)
• Bundles: Combined audit and continuous monitoring packages

Service availability and features vary by subscription tier and may change. See our pricing page for current offerings.

Right to Modify Services. FirePan reserves the right to modify, update, or discontinue any aspect of the Services at any time, with reasonable notice where practicable. For Enterprise customers, material changes to Services covered by an active Statement of Work ("SOW") shall be subject to the terms of that SOW.

Service Level Agreements. Enterprise customers may receive service level commitments as specified in their SOW. SLA terms, including uptime guarantees and support response times, are available upon request for Enterprise tier subscribers.

3. AI & Blockchain Disclaimer

FirePan uses artificial intelligence and machine learning technologies to analyze smart contract code. You understand and agree that:

• Findings are advisory, not guaranteed. Our AI-powered analysis provides recommendations and highlights potential issues, but cannot guarantee detection of all vulnerabilities.
• No liability for missed vulnerabilities. Smart contract security is complex and evolving. New attack vectors emerge regularly. We do not and cannot guarantee that our tools will identify every possible vulnerability in your code.
• Independent verification required. You are solely responsible for independently verifying the security of your code before deployment. Our Reports should be one component of your security process, not a substitute for comprehensive security practices.
• AI models change. The AI models and detection methods we use are continuously updated and improved. Results may vary over time as our systems evolve.
• This is not a security guarantee. Using FirePan's Services does not guarantee your smart contracts are secure or will be free from exploits. No security tool or audit can provide such a guarantee.

Blockchain-Specific Risks

You acknowledge that smart contracts operate in a rapidly evolving ecosystem with inherent risks that are beyond FirePan's ability to detect or mitigate, including but not limited to:

• Chain forks and network upgrades that may alter the execution environment of audited contracts
• Protocol upgrades and governance changes that may introduce new attack surfaces after an audit is completed
• Oracle dependencies and the risk of oracle manipulation or failure
• Miner/Validator Extractable Value (MEV) and front-running risks
• Cross-chain bridge vulnerabilities and interoperability risks
• Gas cost changes and economic attack vectors resulting from network fee adjustments

Post-Audit Code Modifications

Any modifications to Customer Code made after the completion of a FirePan audit or analysis render our prior findings potentially inapplicable. FirePan assumes no responsibility for the security of code that has been modified after our analysis, even if the modifications appear minor.

Not Investment or Legal Advice

FirePan's Reports and findings do not constitute investment advice, legal advice, or any recommendation to deploy, use, invest in, or rely on any smart contract or protocol. You should consult qualified professionals for investment and legal decisions.

4. Authorization and Acceptable Use

By using our Services, you represent and warrant that:

• You own or have proper authorization to scan and analyze all code you submit to our platform
• You will not use our Services for malicious purposes, including but not limited to:
  • Scanning code to identify vulnerabilities for exploitation rather than protection
  • Optimizing or improving contracts designed for malicious purposes, including but not limited to rug pulls, flash loan attacks, or sandwich attacks
  • Attacking or attempting to compromise other users' systems
  • Using our findings to harm others
• You will not attempt to reverse engineer, decompile, or extract FirePan's proprietary detection methods, algorithms, or analysis techniques
• You will not publish partial or selectively edited excerpts of FirePan Reports in a manner that misrepresents the scope, findings, or conclusions of the full Report. Reports must be published in their entirety or not at all, unless FirePan provides prior written consent.
• You will not white-label, resell, or rebrand FirePan's Services or Reports as your own without prior written agreement
• You will comply with all applicable laws and regulations in your use of our Services

Anti-Abuse. FirePan reserves the right to implement rate limiting, usage caps, and other anti-abuse measures to protect the integrity and availability of the Services. Automated access to the Services must comply with our API terms and any applicable rate limits.

5. License to Process Code

When you submit Customer Code to FirePan for analysis, you grant us a limited, non-exclusive, non-transferable license to process and analyze your code using our security tools and systems for the duration of the applicable service engagement. This license automatically terminates upon completion of the analysis or termination of your subscription, subject to any data retention obligations described in Section 5C.

Third-Party AI Providers: Your code may be processed by third-party AI providers including DeepSeek, OpenAI, and Anthropic. These providers are subject to their own terms of service and data handling policies. FirePan maintains Data Processing Agreements ("DPAs") with its AI providers that include obligations regarding data security, use limitations, and breach notification. Upon request, FirePan will provide information regarding the data processing practices of its sub-processors.

No Training on Customer Code: FirePan does not use Customer Code to train our own proprietary models without explicit written consent. We select AI providers that offer terms prohibiting training on customer data, and we configure our API usage accordingly where such options are available.

Breach Notification: In the event that FirePan becomes aware of any unauthorized access to or disclosure of Customer Code by a third-party provider, FirePan will notify you within seventy-two (72) hours of becoming aware of such breach and will take commercially reasonable steps to mitigate any harm.

5A. Intellectual Property Ownership

FirePan IP. FirePan retains all right, title, and interest in and to the Services, including but not limited to the platform, AI models, detection algorithms, analysis methodologies, and the structure and format of Reports. Nothing in these Terms transfers any FirePan intellectual property to you.

Customer IP. You retain all right, title, and interest in and to your Customer Code. Nothing in these Terms transfers any of your intellectual property to FirePan, except for the limited license granted in Section 5.

Report Ownership. Reports generated by FirePan are the property of FirePan and are licensed to you for your internal use. You may share Reports with third parties (e.g., investors, partners, regulators) provided you share them in their entirety and attribute them to FirePan.

Feedback. If you provide FirePan with suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant FirePan a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without restriction or compensation.

5B. Confidentiality

Mutual Obligations. Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party except as necessary to perform obligations under these Terms, and only to employees, contractors, and agents who are bound by confidentiality obligations at least as protective as those in this Section.

Standard of Care. Each party shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care.

Duration. Confidentiality obligations under this Section shall survive for three (3) years following the termination or expiration of these Terms, except for trade secrets, which shall be protected for as long as they remain trade secrets under applicable law.

Compelled Disclosure. If a party is compelled by law or legal process to disclose Confidential Information, it shall provide the other party with prompt written notice (where legally permitted) and cooperate to limit the scope of disclosure.

5C. Data Retention and Security

Code Retention. Customer Code submitted for analysis is retained only for the duration necessary to complete the requested analysis, plus a reasonable period for quality assurance:

• SaaS Subscriptions: Customer Code is retained during the active subscription period and deleted within thirty (30) days of subscription termination.
• Boutique Audits: Customer Code is retained for the duration of the audit engagement and deleted within sixty (60) days of final report delivery.

Report Retention. Reports are retained and accessible to you for the duration of your subscription or engagement, plus ninety (90) days following termination.

Breach Notification. In the event of a security breach affecting Customer Code or other customer data, FirePan will notify affected customers within seventy-two (72) hours of becoming aware of the breach.

Security Measures. FirePan implements appropriate technical and organizational security measures to protect Customer Code and related data, including encryption in transit and at rest, access controls, and regular security assessments.

6. Service Limitations

You acknowledge the following limitations:

• Surface scans are designed for speed and may not identify all vulnerabilities
• Boutique Audit engagements have fixed scope as defined in your engagement agreement or SOW
• Monitoring features are only available with certain tiers and may have limited availability
• Service availability is not guaranteed and may be interrupted for maintenance or other reasons
• Response times and SLAs vary by subscription tier

Multi-Chain and Third-Party Dependencies

FirePan's analysis is limited to the specific chains, protocols, and code versions analyzed. We do not guarantee compatibility or security across chains, and our analysis does not extend to:

• Third-party libraries, protocols, or dependencies unless explicitly included in the scope of engagement
• Future protocol upgrades or network changes
• Off-chain components, oracles, or external data feeds unless explicitly included in the scope

7. Billing and Payments

7a. General Billing Terms

All fees are denominated and payable in United States Dollars (USD) unless otherwise specified in a SOW. Prices are subject to change with thirty (30) days' advance notice. Price changes do not apply to active prepaid subscription periods. Enterprise customers with active SOWs are subject to the pricing terms in their SOW.

7b. Payment Processing

Payment processing is provided by Stripe, Inc. By submitting payment information, you agree to Stripe's terms of service. FirePan is not responsible for any errors, outages, or security incidents attributable to Stripe or any other payment processor. FirePan does not store full credit card numbers on its servers.

7c. Cancellation and Refunds

SaaS Subscriptions. Subscription services are consumption-based. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods or for services already rendered. If you cancel within forty-eight (48) hours of initial subscription purchase and have not initiated any scans or analyses, you may request a full refund by contacting billing@firepan.com.

Credit-Based Services. Credits are non-refundable once purchased. Unused credits expire twelve (12) months from the date of purchase. If you purchase credits and have not used any within forty-eight (48) hours of purchase, you may request a full refund by contacting billing@firepan.com.

Boutique Audits. A non-refundable deposit of fifty percent (50%) of the total engagement fee is due upon execution of the SOW. The remaining balance is due upon delivery of the final Report. The deposit is non-refundable once work has commenced. If the engagement is cancelled prior to commencement of work, the deposit may be applied as a credit toward a future engagement at FirePan's discretion.

Cryptocurrency Payments. For payments made in cryptocurrency (see Section 7g), refunds will be issued in the same cryptocurrency at the market exchange rate at the time of the refund, or in USD at FirePan's discretion.

7d. Chargebacks

If you have a billing dispute, please contact billing@firepan.com before initiating a chargeback with your financial institution. We are committed to resolving billing issues promptly and fairly. FirePan reserves the right to submit evidence to your financial institution in response to any chargeback. A $50 administrative fee may be applied for chargebacks that are determined to be frivolous or filed without first contacting FirePan.

7e. Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies imposed by any governmental authority in connection with your use of the Services, excluding taxes based on FirePan's net income.

7f. Late Payments and Suspension

If payment is not received by the due date, FirePan will:

1. Send a reminder notice after ten (10) business days
2. Send a second notice after fifteen (15) business days
3. Suspend access to the Services after twenty (20) business days of non-payment

Late payments accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower. If payment remains outstanding for sixty (60) days or more, FirePan may terminate your account and pursue collection of all amounts owed, including reasonable attorneys' fees and collection costs.

7g. Crypto and Digital Asset Payments

FirePan may accept payment in select cryptocurrencies, currently limited to USDC on Ethereum mainnet. If you elect to pay in cryptocurrency:

• Exchange Rate Risk. All cryptocurrency payments are converted to USD at the prevailing exchange rate at the time of receipt. FirePan bears no risk for exchange rate fluctuations.
• Confirmation Requirements. Payments are considered received after twelve (12) network confirmations.
• Sanctions Screening. FirePan may screen wallet addresses against OFAC and other sanctions lists. Payments from sanctioned or flagged addresses will be rejected.
• No Custody. FirePan does not provide cryptocurrency custody services. Payments are converted to USD upon receipt.
• Tax Disclaimer. Cryptocurrency payments may have tax implications for you. You are solely responsible for any tax obligations arising from payments made in cryptocurrency.

8. Warranty Disclaimer

To the fullest extent permitted by law, FirePan disclaims all warranties, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Any warranty that the Services will detect all vulnerabilities
• Any warranty that the Services will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, completeness, or reliability of Reports, including any representation that Reports are free from false positives or false negatives

EU Savings Clause. Nothing in this Section is intended to limit any warranties or rights that cannot be excluded or limited under the laws of the European Union or its member states, to the extent such laws apply.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• FirePan's total aggregate liability for any claims arising from these Terms or your use of the Services shall not exceed the greater of (a) the total fees you paid to FirePan in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
• In no event shall FirePan be liable for any:
  • Consequential, incidental, indirect, special, or punitive damages
  • Lost profits, revenue, data, or business opportunities
  • Security incidents, exploits, or losses related to your smart contracts
  • Damages arising from vulnerabilities not detected by our Services
  • Losses arising from blockchain events including but not limited to chain forks, protocol exploits, oracle failures, bridge hacks, MEV extraction, or governance attacks

These limitations apply regardless of the legal theory on which the claim is based.

Carve-Outs. The limitations in this Section shall not apply to (a) either party's indemnification obligations, (b) either party's breach of confidentiality obligations under Section 5B, (c) FirePan's infringement of your intellectual property rights, or (d) claims arising from a party's willful misconduct or gross negligence.

10. Indemnification

You agree to indemnify, defend, and hold harmless FirePan and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your smart contract code or projects, including any claims by third parties arising from the deployment or operation of your smart contracts, whether or not such contracts were analyzed by FirePan
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any downstream protocol hack, exploit, or security incident related to smart contracts you deployed after receiving FirePan's analysis, where a third party alleges that FirePan's analysis was insufficient

Indemnification Procedure. The indemnified party shall (a) provide prompt written notice of any claim, (b) grant the indemnifying party sole control of the defense and settlement, and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnified party may participate in the defense with its own counsel at its own expense.

11. Termination and Suspension

By FirePan: We may suspend or terminate your access to the Services immediately if:

• You violate these Terms
• We are required to do so by law or by a governmental authority
• We reasonably believe your actions may cause harm to FirePan or other users
• You become subject to sanctions imposed by the United States, the European Union, or the United Nations

By You: You may terminate your account at any time by contacting us at hello@firepan.com or through the account settings in the platform.

Effect of Termination: Upon termination:

• Your right to access the Services ends immediately
• We will delete your data in accordance with our Privacy Policy and Section 5C
• All outstanding fees become immediately due and payable

Surviving Provisions. The following Sections survive termination of these Terms: Section 1 (Definitions), Section 3 (AI & Blockchain Disclaimer), Section 5A (IP Ownership), Section 5B (Confidentiality), Section 5C (Data Retention and Security), Section 7 (Billing and Payments, to the extent of unpaid amounts), Section 8 (Warranty Disclaimer), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 13 (Dispute Resolution), Section 14 (Export and Sanctions Compliance), and Section 15 (General Provisions).

12. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide at least thirty (30) days' notice via email or through the Services.

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

Enterprise Custom Terms. Enterprise customers with active SOWs that contain custom terms will not be affected by changes to these Terms to the extent those changes conflict with the custom terms in their SOW, until the SOW expires or is renewed.

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Mandatory Negotiation. Before initiating any formal dispute resolution, the parties agree to engage in good-faith negotiations for a period of thirty (30) days following written notice of the dispute to the other party.

Arbitration: If the dispute is not resolved through negotiation, any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wilmington, Delaware.

Venue: For any matters not subject to arbitration, the exclusive venue shall be the state and federal courts located in Delaware.

Class Action Waiver: You agree to resolve disputes with FirePan on an individual basis and waive any right to participate in class actions or class-wide arbitration.

14. Export and Sanctions Compliance

By using our Services, you represent that:

• You are not located in, or a resident of, any country subject to U.S. sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not on any U.S. government restricted parties list (including the Specially Designated Nationals and Blocked Persons List maintained by OFAC)
• You will not permit any agents, employees, or contractors acting on your behalf to access the Services in violation of U.S. export controls or sanctions laws
• You will not use the Services in connection with wallet addresses that are sanctioned, associated with sanctioned entities, or that have interacted with sanctioned protocols (including but not limited to Tornado Cash or its successors)
• You will comply with all applicable U.S. export control and sanctions laws

Operational Enforcement. FirePan reserves the right to screen users, wallet addresses, and transactions against applicable sanctions lists and to immediately suspend or terminate access upon identification of a potential violation. FirePan may cooperate with governmental authorities in connection with any investigation related to sanctions compliance.

14A. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) arising out of causes beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• AI provider outages, model deprecations, or API changes by third-party providers including DeepSeek, OpenAI, or Anthropic
• Blockchain infrastructure failures, including but not limited to network outages, chain halts, consensus failures, or hard forks
• Internet or telecommunications failures
• Power outages or utility failures

The affected party shall provide prompt notice of the force majeure event and shall use commercially reasonable efforts to mitigate its impact and resume performance.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable SOW, constitute the entire agreement between you and FirePan regarding the Services. In the event of a conflict between these Terms and a SOW, the SOW shall control with respect to the subject matter of the SOW.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
• Independent Contractor. The relationship between you and FirePan is that of independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any third party, except as expressly provided herein.
• Notices. All notices under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to hello@firepan.com (for notices to FirePan).

16. Contact

Questions about these Terms? Contact us at:

Email: hello@firepan.com

Billing inquiries: billing@firepan.com

Corporate Entity: Firepan, Inc., a Delaware corporation

FirePan — Ship contracts. Not obituaries.