Terms of service

1. Who these terms are between

These terms are between Allais Labs, trading as Firespark (“we”, “us”), and the business that subscribes to the platform (“you”). They apply from the date you accept a quotation or first use the platform, whichever is earlier.

2. What we supply

Firespark is a cloud software service for sauna businesses covering booking, scheduling, payments, customer records and reporting. It is a standard product supplied to all customers on the same terms and the same published feature set for the plan purchased. We do not supply bespoke or commissioned software under these terms, and nothing in a quotation should be read as an agreement to develop software to your specification.

Your subscription includes hosting, maintenance, updates and support for the plan you are on, for the duration of the term. Features move between plans only with notice, and we will not remove a feature you are paying for during a term.

3. Term, renewal and ending it

The initial term is twelve months from your go-live date. It renews for successive twelve-month terms unless either of us gives thirty days’ written notice before the end of the current term.

You may end the agreement immediately if we are in material breach and have not fixed it within thirty days of you telling us in writing. We may end it if you do not pay a correctly issued invoice within thirty days of a written reminder, or if you breach the acceptable use terms in a way that puts other customers or the platform at risk.

On the day the agreement ends, you may export your data for a further thirty days at no charge. After that we delete or irreversibly anonymise it in line with the data processing agreement.

4. Fees

Three separate things are charged, and they are always shown separately:

• Subscription. The year one licence fee stated on your quotation, then €500 per month from month 4. Setup, migration of your existing schedule and customer records, and staff training are included in the subscription and are not charged separately.
• Booking fee. 3% of the value of bookings processed through the platform, invoiced monthly in arrears.
• Card processing. Charged to you directly by your own payment provider at their published rates. We receive no part of it.

All fees exclude VAT, which is charged at the applicable rate, currently 23% in Ireland. Invoices are payable within thirty days. We will not increase the subscription during a term, and any increase at renewal is notified at least sixty days before the renewal date.

5. Grants and public funding

We supply quotations in a form intended to support applications for public funding, including the Local Enterprise Office Grow Digital Voucher. We identify which lines are software subscription and which are variable usage charges so an assessor can see the difference.

We do not administer any grant scheme, we do not act as your agent with any public body, and we cannot influence a funding decision. Whether you receive funding, and how much, is decided entirely by the awarding body. Your obligation to pay the fees is not conditional on receiving a grant unless we agree that in writing and separately.

6. Payments and merchant of record

You remain the merchant of record for every payment your customers make. Funds settle to a payment account in your own name. We never take custody of your takings, and we are not a payment institution or a money transmitter. Chargebacks, refunds and disputes are between you, your customer and your payment provider. We give you the tools to handle them; the commercial responsibility is yours.

7. Your responsibilities

• Keep account credentials secure and remove access for staff who leave.
• Make sure the information you publish through the platform, including prices, is accurate.
• Have a lawful basis for the personal data you ask us to process, and give your customers the privacy information they are entitled to.
• Comply with consumer law on cancellations, refunds and pricing where it applies to you.
• Use the platform within the acceptable use terms.

8. Availability and support

Our availability commitment and support response times are set out in the service level agreement, which forms part of these terms. Planned maintenance is notified in advance and scheduled outside typical sauna trading hours where we can.

9. Data protection

For personal data about your customers you are the controller and we are the processor. Our data processing agreement forms part of these terms and takes precedence over anything in this document that conflicts with it. Our current sub-processors are published and we give notice before adding a new one.

10. Intellectual property

We own the platform and everything in it, other than your data and your brand assets. You own your data. You grant us only the licence needed to host and process it in order to provide the service.

We may use aggregated statistics derived from platform usage to improve the product and to describe the market, provided they are genuinely anonymous and cannot identify you, your customers or your commercial position.

11. Liability

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, our total liability in any twelve-month period is limited to the subscription fees you paid us in that period. We are not liable for loss of profit, loss of business, loss of goodwill or indirect loss.

12. Changes to these terms

We may change these terms for legal or operational reasons with thirty days’ notice by email. If a change materially reduces the service and you object, you may end the agreement without penalty and we refund the unused part of your subscription.

13. Law and disputes

These terms are governed by the law of Ireland and the courts of Ireland have exclusive jurisdiction. Before starting proceedings, both of us agree to raise the issue in writing and to give the other thirty days to resolve it.

14. Contact

Allais Labs, trading as Firespark, Ireland. Email hello@firespark.ie.