Terms of Service

1. Definitions

The following definitions apply throughout these Terms:

• "Services" means the Firepan platform, including the SaaS security monitoring tools, boutique audit services, bundled packages, APIs, CLI tools, documentation, and any related offerings provided by Firepan.
• "Customer Code" means any smart contract source code, bytecode, configuration files, or related materials submitted by you to the Services for analysis.
• "Reports" means the security analysis outputs, vulnerability assessments, audit reports, and other deliverables generated by the Services.
• "Confidential Information" means any non-public information disclosed by either party, including but not limited to Customer Code, Reports, business plans, pricing, security methodologies, and proprietary algorithms.
• "Subscription Term" means the period during which you have an active, paid subscription to the Services.
• "User" or "You" means the individual or entity that agrees to these Terms and uses the Services.

2. Service Description

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

Our services include:

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

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

Firepan reserves the right to modify, update, or discontinue any feature of the Services at any time, with reasonable notice for material changes. Service level commitments, where applicable, are governed by separate SLA agreements executed between Firepan and Enterprise customers.

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. Smart contracts operate in a rapidly evolving environment. Firepan's analysis does not account for and Firepan bears no liability for: (a) protocol-level changes, hard forks, or chain reorganizations; (b) oracle manipulation or failure; (c) bridge or cross-chain vulnerabilities; (d) MEV (Maximal Extractable Value) attacks; (e) economic or game-theoretic exploits; (f) governance attacks; (g) vulnerabilities introduced by compiler versions or EVM changes post-analysis; or (h) novel zero-day exploits unknown at the time of analysis.
• Point-in-time analysis. All security assessments, including Boutique Audits, represent a point-in-time analysis of the specific code version submitted. Any subsequent modifications to the code, dependencies, deployment parameters, or the underlying blockchain environment may introduce new vulnerabilities not covered by the original assessment.
• No guarantee of financial outcomes. Firepan makes no representations regarding the financial performance, token value, or economic security of any smart contract or protocol analyzed through the Services. Use of the Services does not constitute investment, financial, or legal advice.

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
  • 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 comply with all applicable laws and regulations in your use of our services
• You will not use the Services to scan or analyze code that you know to be malicious, including but not limited to: rug pulls, honeypot contracts, phishing contracts, or contracts designed to exploit users
• You will not publicly misrepresent, alter, or selectively disclose any Report or findings generated by the Services. Any public reference to a Firepan audit or analysis requires Firepan's prior written approval and must reference the complete, unaltered Report
• You will not use automated tools, bots, or scripts to access the Services in a manner that exceeds reasonable usage or circumvents rate limits without prior written authorization
• You will not sublicense, resell, or provide the Services to third parties without Firepan's prior written consent

5. License to Process Code

When you submit code to FirePan for analysis, you grant us a limited, non-exclusive license to:

• Process and analyze your code using our security tools and systems
• Transmit your code to third-party AI providers for analysis purposes

This license is limited to the purpose of providing the Services and expires upon the earlier of: (a) completion of the specific analysis or audit engagement, or (b) deletion of your Customer Code from our systems in accordance with Section 5C below.

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 written data processing agreements with all third-party AI providers that include obligations regarding data security, confidentiality, and restrictions on secondary use of Customer Code. A list of current sub-processors is available upon request.

No Training on Customer Code: FirePan does not use customer code to train our own proprietary models without explicit written consent. We contractually require that our third-party AI providers do not train on customer code submitted through our platform.

In the event that a third-party AI provider is found to have used Customer Code in violation of its contractual obligations to Firepan, Firepan will promptly notify the affected customer and take commercially reasonable steps to remediate the situation. Firepan's liability in such event shall be limited as set forth in Section 9.

5A. Intellectual Property Ownership

Firepan IP. Firepan and its licensors retain all right, title, and interest in and to the Services, including all software, algorithms, machine learning models, detection methodologies, user interfaces, and documentation. Nothing in these Terms grants you any right to Firepan's intellectual property except the limited right to use the Services during your Subscription Term.

Customer IP. You retain all right, title, and interest in your Customer Code. Firepan acquires no ownership rights in Customer Code by virtue of these Terms.

Report Ownership. Reports generated by the Services are owned by Firepan and licensed to you for your internal use. You may share Reports with third parties (e.g., investors, protocol users) only with Firepan's prior written approval and subject to the conditions in Section 4.

Feedback. If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Firepan a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without obligation to you.

5B. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential Information may only be disclosed to employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as protective as those herein.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is disclosed pursuant to a court order or legal requirement, provided the receiving party gives prompt notice where legally permitted.

5C. Data Retention and Security

Firepan will retain Customer Code only for as long as reasonably necessary to provide the Services. For SaaS subscriptions, Customer Code is retained during the active Subscription Term and deleted within thirty (30) days of termination. For Boutique Audit engagements, Customer Code is retained for ninety (90) days following delivery of the final Report, unless otherwise agreed in writing.

Firepan implements commercially reasonable administrative, technical, and physical security measures to protect Customer Code and Confidential Information from unauthorized access, disclosure, alteration, or destruction. These measures include, at minimum: encryption in transit and at rest, access controls, and regular security assessments.

In the event of a data breach affecting Customer Code, Firepan will notify the affected customer within seventy-two (72) hours of becoming aware of the breach and will cooperate in any investigation or remediation efforts.

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
• Real-time monitoring is only available with Enterprise SaaS tier
• Service availability is not guaranteed and may be interrupted for maintenance or other reasons
• Response times and SLAs vary by subscription tier
• Firepan does not guarantee compatibility with all blockchain networks, smart contract languages, or development frameworks. Supported platforms are listed in our documentation and may change over time.
• Service performance may be affected by factors outside Firepan's control, including but not limited to: third-party AI provider outages, blockchain network congestion, or changes to underlying protocols.

7. Billing and Payments

7(a). General Billing Terms

Depending on your subscription:

• Subscription fees are billed in advance on a monthly or annual basis
• Credit-based services are charged per use
• Prices are subject to change with 30 days' notice

All fees are stated in U.S. dollars unless otherwise specified. Firepan reserves the right to modify pricing at any time, provided that: (a) price changes for monthly subscribers take effect at the start of the next billing cycle following thirty (30) days' notice; and (b) price changes for annual subscribers take effect at the next renewal date.

7(b). Payment Processing

Third-Party Payment Processor. Payments are processed by Stripe, Inc. ("Payment Processor") or such other third-party payment processor as Firepan may designate from time to time. By providing payment information, you authorize Firepan and its Payment Processor to charge your designated payment method for all fees due under these Terms.

You agree to provide accurate, current, and complete payment information and to promptly update your payment details if they change. Firepan is not responsible for charges that fail due to outdated or inaccurate payment information.

Firepan is not liable for any errors, outages, or delays caused by the Payment Processor. Your use of the Payment Processor is subject to the Payment Processor's own terms of service and privacy policy. In the event of a conflict between the Payment Processor's terms and these Terms regarding payment processing, the Payment Processor's terms shall govern the processing of payments only.

7(c). Cancellation and Refunds

You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. We do not provide refunds for partial billing periods.

No Refunds After Service Consumption. You acknowledge that the Services deliver sensitive security intelligence, including vulnerability data, risk assessments, and remediation guidance, that cannot be "undelivered" once accessed. Accordingly, all fees are non-refundable once any of the following consumption events occur: (a) you initiate a scan, analysis, or monitoring session; (b) a Report or any security findings are delivered to you or made accessible in your account; or (c) for Boutique Audit engagements, work has commenced under the applicable Statement of Work.

Pre-Consumption Cancellations. If you cancel your subscription before any consumption event described above occurs, Firepan will issue a full refund of the most recent subscription charge. This applies only to the current billing period and does not apply to prior periods.

SaaS Subscription Cancellation. You may cancel your SaaS subscription at any time. Cancellation takes effect at the end of your current billing period, and you will retain access to the Services through that date. No refunds or credits will be issued for the remaining unused portion of a billing period after a consumption event has occurred. Firepan will not automatically renew your subscription after cancellation, but you remain responsible for all charges incurred through the effective cancellation date.

Credit-Based Services. Purchased scan credits are non-refundable once any credit in the purchased batch has been used. If no credits from a batch have been consumed, a refund may be requested within forty-eight (48) hours of purchase. After 48 hours, unused credits remain available in your account but are non-refundable. Credits expire twelve (12) months from the date of purchase unless otherwise stated.

Boutique Audit Engagements. Boutique Audit fees are governed by the Statement of Work ("SOW") executed for each engagement. Unless otherwise specified in the SOW: (a) a non-refundable deposit of fifty percent (50%) of the total engagement fee is due upon execution of the SOW; (b) the remaining balance is due upon delivery of the final Report; and (c) if you cancel an engagement after work has commenced, you are responsible for all fees associated with work completed through the date of cancellation, calculated on a time-and-materials basis. For the avoidance of doubt, commencement of work constitutes a consumption event and all fees for completed work are non-refundable.

Refund Method. Where a refund is issued under this Section, it will be processed to the original payment method within ten (10) business days. For cryptocurrency payments, refunds will be issued in the same digital asset at the market value at the time of refund, or in USDC or other stablecoin at Firepan's discretion.

7(d). Chargebacks and Disputes

Dispute Resolution Before Chargeback. If you believe a charge is incorrect, you agree to contact Firepan at billing@firepan.com before initiating a chargeback or payment dispute with your bank or Payment Processor. Firepan will investigate and respond within five (5) business days.

Fraudulent Chargebacks. If you initiate a chargeback or payment dispute that is subsequently resolved in Firepan's favor, or that Firepan reasonably determines to be fraudulent or without merit, you agree to: (a) reimburse Firepan for all fees and costs incurred in connection with the dispute, including Payment Processor dispute fees (currently $15.00 per dispute); (b) pay a $50.00 administrative fee; and (c) accept that Firepan may immediately suspend or terminate your account.

Firepan reserves the right to submit evidence to the Payment Processor in response to any chargeback or dispute, including these Terms, records of service delivery, and your usage data.

7(e). Taxes

All fees are exclusive of applicable taxes, duties, levies, and similar governmental assessments ("Taxes"). You are responsible for all Taxes associated with your use of the Services, except for taxes based on Firepan's net income. If Firepan is required to collect or remit Taxes on your behalf, such Taxes will be added to your invoice.

7(f). Late Payments and Suspension

If any undisputed payment is past due by more than ten (10) days, Firepan will send a written payment reminder. If payment remains outstanding fifteen (15) days after the reminder, Firepan may: (a) suspend your access to the Services upon five (5) business days' written notice; (b) charge interest on overdue balances at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law; and (c) recover all costs of collection, including reasonable attorneys' fees.

Suspension of Services due to non-payment does not relieve you of your payment obligations. Firepan may terminate your account if payment remains outstanding for more than sixty (60) days.

7(g). Cryptocurrency and Digital Asset Payments

Availability. Firepan may, at its sole discretion, accept payment in select cryptocurrencies or stablecoins ("Digital Asset Payments"). The specific digital assets accepted and any applicable terms will be displayed at the time of checkout. Firepan reserves the right to add, remove, or modify accepted digital assets at any time without notice.

Exchange Rate Risk. For Digital Asset Payments denominated in non-stablecoin assets, the exchange rate is determined at the time of transaction confirmation and is non-adjustable. You bear all exchange rate risk between the time you initiate payment and the time the transaction is confirmed on-chain. Firepan is not liable for any loss of value due to price fluctuations during this period.

Transaction Finality. Digital Asset Payments are considered received upon the number of on-chain confirmations required by Firepan's payment system (typically 12 confirmations for Ethereum mainnet, or the equivalent for other supported networks). Firepan is not responsible for transactions that fail, are reverted, or are delayed due to network congestion, insufficient gas fees, chain reorganizations, or other blockchain-related issues.

Compliance. You represent and warrant that all digital assets used for payment: (a) were lawfully obtained; (b) are not derived from money laundering, terrorist financing, sanctions evasion, or other illegal activity; and (c) do not originate from any wallet address that is subject to U.S. or international sanctions. Firepan reserves the right to screen incoming transactions and wallet addresses against sanctions lists, and to reject or refund any payment that Firepan reasonably believes may violate applicable law.

No Custody. Firepan does not provide custody, exchange, or wallet services. Digital Asset Payments are processed through third-party payment infrastructure. Firepan does not hold, store, or manage digital assets on your behalf.

Tax Implications. You are solely responsible for determining and fulfilling any tax obligations arising from your use of digital assets for payment, including but not limited to capital gains tax, VAT, or other applicable taxes. Firepan does not provide tax advice.

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 any Report or analysis
• Any warranty that the Services will be compatible with any specific blockchain, protocol, or development environment

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, Firepan's warranties are limited to the minimum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• FirePan's total liability for any claims arising from these terms or your use of the services shall not exceed the total fees you paid to FirePan in the twelve (12) months preceding the claim.

For free tier or trial users, Firepan's total aggregate liability shall not exceed one hundred U.S. 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 the use, deployment, or interaction with any smart contract, token, or decentralized protocol, regardless of whether such smart contract was analyzed by the Services
  • Any decline in the value of digital assets, tokens, or cryptocurrencies

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

The limitations in this Section 9 do not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations; (c) your violation of Firepan's intellectual property rights; or (d) liability that cannot be limited under applicable law.

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
• Your violation of these terms
• Your violation of any applicable laws or third-party rights
• Any third-party claim arising from the deployment, operation, or failure of smart contracts analyzed by the Services
• Any claim arising from your public misrepresentation of Firepan's Reports or findings

Firepan will: (a) promptly notify you of any claim subject to indemnification; (b) provide reasonable cooperation in the defense of such claim; and (c) allow you reasonable control over the defense and settlement, provided that no settlement that imposes obligations on Firepan or admits fault on Firepan's behalf may be made without Firepan's prior written consent.

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
• We reasonably believe your actions may cause harm to FirePan or other users
• You are subject to sanctions, export controls, or legal proceedings that may expose Firepan to liability
• Your account is associated with fraudulent, abusive, or potentially illegal activity

By You: You may terminate your account at any time by signing in to your Firepan Dashboard located at app.firepan.com.

Effect of Termination: Upon termination:

• Your right to access the services ends immediately
• We will delete your data in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will remain in effect

The following sections survive termination: Definitions (Section 1), AI & Blockchain Disclaimer (Section 3), Intellectual Property Ownership (Section 5A), Confidentiality (Section 5B), Warranty Disclaimer (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), Dispute Resolution (Section 13), and General Provisions (Section 15).

12. Changes to Terms

We may modify these terms at any time. For material changes, we will provide at least 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.

For Enterprise customers with executed agreements, changes to these Terms will not override the terms of the executed agreement unless expressly agreed to in writing.

13. Dispute Resolution

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

Dispute Resolution: 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.

Prior to initiating arbitration, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

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.

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
• You are not on any U.S. government restricted parties list
• You will comply with all applicable U.S. export control and sanctions laws
• You are not acting on behalf of, or for the benefit of, any person or entity subject to U.S. sanctions, including but not limited to those designated on OFAC's Specially Designated Nationals (SDN) List
• You will not use the Services in connection with any digital wallet, smart contract, or protocol that is subject to U.S. sanctions (including, without limitation, wallets or protocols designated by OFAC)

Firepan reserves the right to screen users, wallet addresses, and submitted code against sanctions lists and to immediately suspend or terminate access if a potential match is identified, without prior notice or liability.

14A. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, government action, blockchain network failures or congestion, third-party AI provider outages, internet service disruptions, power failures, or cyberattacks. The affected party will provide prompt notice and use commercially reasonable efforts to resume performance.

15. General Provisions

• Entire Agreement: These terms, together with our Privacy Policy, constitute the entire agreement between you and FirePan regarding the services, together with any executed Enterprise agreement, Statement of Work, or other written agreement between you and Firepan.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these terms without our consent. We may assign these terms freely.
• Notices: All notices under these Terms must be in writing and sent to support@firepan.com for notices to Firepan, or to the email address associated with your account for notices to you. Notice is effective upon confirmed receipt or, for email, 24 hours after sending.
• Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. No user of your smart contracts, token holders, protocol participants, or other third parties may enforce any provision of these Terms or any Report.
• Headings: Section headings are for convenience only and do not affect interpretation.

16. Contact

Questions about these terms? Contact us at:

Email: support@firepan.com

Firepan, Inc.
Registered in the State of Delaware