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Agmt23 Blazestack
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Agmt23 Blazestack
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Last modified
12/14/2023 12:13:45 PM
Creation date
12/14/2023 12:13:26 PM
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Template:
Agreement
PROJECT NAME
Software Services Order Form And Agreemen
RMP File Number
304.5
Date
12/12/2023
Text box
ID:
1
Creator:
REDWOOD_CITY\NANCYRAMIREZ
Created:
12/14/2023 12:13 PM
Modified:
12/14/2023 12:13 PM
Text:
mailto:licensing@superpowered.com
ID:
2
Creator:
REDWOOD_CITY\NANCYRAMIREZ
Created:
12/14/2023 12:13 PM
Modified:
12/14/2023 12:13 PM
Text:
mailto:licensing@superpowered.com
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51062.00005\41629185.1 <br />REV: 12-07-23 MI <br />Blazestack Inc. <br />907 Ranch Rd 620 S # 302, Lakeway, TX 78734 <br />hello@blazestack.com <br />(855) 735-6673 <br />CONFIDENTIAL <br />Last updated: May 22, 2023 <br />EXHIBIT A <br />TERMS OF SERVICE <br />This Terms of Service is between Blazestack Inc., a Texas corporation (collectively, “Blazestack”), and <br />the entity identified on the applicable Order Form (“Customer”). The Agreement is effective as of the <br />date listed above in the applicable Order Form (“Effective Date”). <br /> <br />1. DEFINITIONS <br />Capitalized terms have the meanings described <br />in this section or in the body of the Agreement. <br />“Agreement” means this Terms of Service and <br />all Order Forms. <br />“Annual Case Volume” means maximum <br />number of Cases entered into the system by <br />Customer’s Users per year. <br />“Case” means one individual incident at a <br />specific location. <br />“Customer Data” means all electronic data or <br />information that Customer submits to the <br />Service. <br />“Order Form” means a Blazestack ordering <br />document that references this Terms of Service, <br />whether online or via a separate form. <br />“Report” means any report, analysis, content, <br />survey, opinion, photo, technique, hypothesis, <br />finding, study relating to any fire investigation <br />prepared by Customer and/or User. <br />“Service” means Blazestack’s proprietary fire <br />investigation software accessible through the <br />internet, that is intended for use in the <br />investigation of fire. <br />“Term” means the period of Customer’s <br />subscription to the Service as specified in an <br />Order Form, unless terminated earlier under <br />Section 7 (Term and Termination). <br />“Third-Party Products” means any products or <br />services not developed by Blazestack. <br />“User” means a single, unique authorized <br />individual of the Customer that uses the Service <br />on Customer’s behalf. <br />“User-Seat” is a license for one User to use the <br />Service. <br />2. SERVICE AND SUPPORT <br />2.1. Provision of Service. Blazestack shall <br />provide Customer with access to the Service for <br />the number of User-Seats specified on the Order <br />Form during the Term, or if not specified a <br />reasonable amount of Users in the sole <br />discretion of Blazestack. User-Seats purchased <br />but not utilized during the Term are not eligible <br />for refunds. <br />2.2. Use of Service. Customer shall use the <br />Service and the data generated by the Service <br />only for fire investigation purposes. <br />2.3. System Requirements. Customer shall meet <br />the minimum system requirements for access to <br />the Service, currently set forth at the end of this <br />Agreement but subject to updating by <br />Blazestack on a reasonable basis, of which <br />Blazestack shall notify Customer in writing. <br />2.4. Third-Party Products. Blazestack may offer <br />Customer the ability to use Third Party Products <br />with the Service, subject to Customer’s <br />agreement with any applicable terms and <br />conditions for those Third-Party Products, a <br />copy of which shall be provided by Blazestack <br />to Customer as applicable. <br />ATTY/AGR.2023.294/Blazestack (Fire Investigation Case Management Software) (Page 3 of 10)
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