Account Terms

These Account Terms (“Terms”) apply to your creation of and access to an account (an “Account”) on the website and mobile applications (collectively, the “Site”) offered by Biofire Hermes Inc. or its affiliates (“Biofire,” “we,” “us,” or “our”) related to smart firearms and accessories that we are developing. By creating an account, you agree to be bound by these Terms.

1. Privacy.
   For information about how we collect, use, share, or otherwise process information about you, please see our Privacy Policy: https://biofire.io/privacy-policy.
2. Eligibility.
   To create an Account you must: (i) be an individual lawfully residing in the United States and at least 21 years of age; (ii) not be located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction or that has been designated by the U.S. government as a “terrorist supporting” country; (iii) not be on any of the federal or state government lists of restricted end users; and (iv) be creating an Account for your own personal use or for another person who is legally able to own a handgun and who is not seeking to avoid being associated with the purchase of a firearm. By creating an Account, you represent and warrant that you meet the foregoing eligibility requirements. Subject to these Terms, Biofire hereby grants you a limited, non-transferrable license to use the Site and Access your Account. Biofire may terminate this license in Biofire's discretion.
3. Account; Contact.
   As part of creation of your Account, you will need to provide your name, email, birth date, cell phone number, and zip code. This information will be used to create an Account for you, to verify your eligibility for an Account, and to contact you regarding Biofire and its products and other information that we think may be interesting to you. Our use of your Account information is governed by our Privacy Policy: https://biofire.io/privacy-policy.
4. Data Deletion.
   If you would like to delete your Account and information associated with your Account, please email [email protected]. Accounts and information associated with Accounts cannot be deleted if you own a Smart Gun or if you have a reservation for a Smart Gun.
5. Content.
   The Site may include content available to you and other account holders, which may include content related to firearms safety and training (the “Content”). Biofire hereby grants you a limited, non-transferrable, non-sublicensable, revocable license to view the Content on the Site. The Content is owned exclusively by Biofire, and except for the foregoing limited license to access the Content on the Site, no rights or license to the Content is conveyed herein. You shall not copy, transmit, publish, or otherwise disseminate the Content.
6. Disclaimers.
   EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SITE AND YOUR ACCOUNT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR ANY COURSE OF DEALING OR USAGE OF TRADE.
   
   BIOFIRE FURTHER PROVIDES THE CONTENT “AS IS” AND “AS AVAILABLE” AND BIOFIRE MAKES NO REPRESENTATIONS OR OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT THE CONTENT IS COMPLETE OR ACCURATE, THAT THE TRAINING CONCEPTS IN THE CONTENT WILL BE EFFECTIVE, OR THAT THE CONTENT IS APPROPRIATE FOR YOUR CIRCUMSTANCES. YOU SHOULD ALWAYS CONSULT YOU PHYSICIAN BEFORE ENGAGING IN ANY PHYSICAL ACTIVITIVES, INCLUDING FIREARMS TRAINING. CONTENT SHOULD NOT BE INTERPRETED AS LEGAL ADVICE AND YOU SHOULD ALWAYS CONSULT AN ATTORNEY FOR ADVICE ON LAWS AND REGULATIONS THAT MAY APPLY TO YOU OR YOUR SITITUATION. TRAINING WITH FIREARMS IS AN INHERENTLY DANGEROUS ACTIVITY AND YOU SHOULD ALWAYS TAKE ALL SAFETY PRECAUTIONS AND CONSIDER SEEKING BASIC SAFETY TRAINING BEFORE USING A FIREARM. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST BIOFIRE OR ITS AFFILIATES RELATED TO YOUR RELIANCE ON ANY CONTENT OR ANY INACCURACIES OR OMMISSIONS CONTAINED IN ANY CONTENT. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS BIOIFRE AND ITS AFFILIATES FOR ANY HARM OR INJURY TO ANY THIRD-PARTIES WHICH MAY BE CAUSED BY YOU ENGAGING IN ANY TRAINING METHODS SUGGESTED BY THE CONTENT.
7. Governing Law.
   All Claims will be governed by and construed and enforced in accordance with the laws of the State of Colorado, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The state courts located in the county of Broomfield, Colorado, or federal courts located in Denver, Colorado, as applicable, will have exclusive jurisdiction over any claim. You and Biofire waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
8. Updating These Terms.
   We may make changes to these Terms at any time. The “Last Updated” date above indicates when these Terms were last changed. The version of the Terms you agreed to when creating an Account will continue to apply to you unless either: (a) the Terms are amended in a writing signed by both you and Biofire, (b) you agree to have an updated version of these Terms. You are not required to accept any amended version of these Terms, but Biofire may, at its option, cancel your Account if you don’t agree to any amended version of these Terms or a subsequent set of terms in connection with a reservation or purchase transaction.
9. Miscellaneous.
   a. If any portion of these Terms, are found to be unenforceable or unlawful for any reason, including but not limited to because they are found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
   
   b. Biofire’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. We may assign, transfer, or delegate these Terms, in whole or in part, at our discretion without your prior written consent. Communications and transactions between us may be conducted electronically.
   
   c. If you have a question or complaint regarding your Account, please send an email to [email protected]. You may also contact us by writing to Biofire Hermes Inc., PO Box 6342, Broomfield, CO 80021. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.