1. Acceptance of Terms

By accessing or using the Wildfire Action Plan web application (the "Service"), which is owned and operated by AACI Group, Inc. ("AACI", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use the Service.

We may update these Terms from time to time. We will notify users of any material changes by posting the revised Terms on our website or through the Service and updating the "Last Updated" date above. By continuing to use the Service after changes become effective, you agree to the revised Terms.

2. Eligibility

You must be at least 13 years old (or the age of legal majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, in which case "you" refers to the organization.

3. User Accounts

To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at legal@wildfireactionplan.com if you believe your account has been compromised or accessed without authorization.

You are responsible for all content or data that you input or upload into the Service ("User Content"), such as details in your wildfire action plan. You retain ownership of your User Content. By submitting User Content, you grant AACI a non-exclusive, worldwide, royalty-free license to use, store, and process your content for the purpose of operating and improving the Service. We may also aggregate or anonymize your data for analytics or research, in which case it will no longer identify you personally.

4. Permitted Use and Restrictions

You agree to use the Service only for its intended purpose of helping you plan and prepare for wildfires. You must not:

Violate any applicable laws or regulations while using the Service.
Use the Service for any unlawful, harmful, or fraudulent purpose.
Attempt to gain unauthorized access to the Service or other users' accounts, or disrupt or interfere with the security or functionality of the Service.
Use any automated system (such as bots or scrapers) to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce at the same time.
Upload or transmit any viruses, malware, or other harmful code, or do anything that could damage, disable, or impair the Service.
Impersonate any person or entity, or misrepresent your affiliation with a person or entity, when using the Service.

We reserve the right to investigate and take appropriate action (including account termination or legal action) against anyone who, in our sole discretion, violates these rules or any other provision of these Terms.

5. Intellectual Property

All content and materials available on the Service, including but not limited to software, text, graphics, logos, images, and the overall design and organization of the Service, are the property of AACI Group, Inc. or its licensors and are protected by intellectual property laws. AACI Group, Inc. retains all rights, title, and interest in and to the Service and its content.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and its content for your personal, non-commercial use, in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Service except as explicitly allowed by us. All trademarks, logos, and service marks displayed on the Service are the property of AACI or their respective owners. You are not granted any right or license to use any trademarks without the prior written permission of the owner.

6. User Feedback

If you choose to provide feedback, suggestions, or ideas to us (collectively, "Feedback"), you agree that we are free to use and implement such Feedback without any restriction or compensation to you. Feedback is not considered confidential or proprietary to you, and by providing Feedback you grant us a perpetual, irrevocable, worldwide license to use, modify, and incorporate it into our products and services without any obligation to you.

7. Third-Party Links and Services

The Service may contain links to third-party websites or services, or integrate certain third-party resources (for example, maps or emergency alert feeds). These third-party sites and services are not under our control, and we are not responsible for their content, accuracy, or availability. Inclusion of any link or integration does not imply endorsement by AACI. You acknowledge that your use of third-party websites or services may be subject to the terms and privacy policies of those third parties. We encourage you to review the terms and privacy practices of any third-party services that you access through our Service.

8. Disclaimer of Warranties

Use at Your Own Risk: The Wildfire Action Plan web application is provided for informational and planning purposes to help you prepare for wildfire emergencies, but it is not a substitute for official emergency services or professional advice. You understand that wildfires are unpredictable and dangerous; you should always follow the instructions of authorities and use your own judgment in an emergency.

Provided "AS IS": The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. To the fullest extent permitted by law, AACI Group, Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information provided is complete, accurate, or timely.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will AACI Group, Inc. or its directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of (or inability to access or use) the Service;
Any conduct or content of any third party on the Service;
Any information or advice obtained through the Service (including the reliability or effectiveness of any wildfire action plan or emergency notifications provided);
Unauthorized access to or use of your account or unauthorized alteration of your transmissions or content.

In no case shall the aggregate liability of AACI Group, Inc. for all claims arising out of or relating to the Service and these Terms exceed the amount (if any) that you paid to AACI for use of the Service in the 12 months prior to the claim (or USD $100, if no such payments have been made). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless AACI Group, Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of or access to the Service, including any data or content transmitted or received by you;
Your violation of any term of these Terms or any other applicable agreement with AACI;
Your violation of any applicable law, rule, or regulation;
Your violation of any rights of a third party (including intellectual property, confidentiality, or privacy rights);
Any claim that your use of the Service caused harm to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), and in such case, you agree to cooperate with our defense of such claims.

11. Termination

We may suspend or terminate your account or your access to all or part of the Service at any time, with or without cause or notice, if we believe you have violated these Terms, or for any other reason (including inactivity or technical, security, or business reasons). Upon termination, your right to use the Service will immediately cease. If your account is terminated or suspended, you may lose access to any data associated with your account, and we may delete or deactivate your account and data. We shall not be liable to you or any third party for termination of your access to the Service.

You may discontinue use of the Service at any time by deleting your account (if such feature is available) or by ceasing to use the Service. Termination of your account will not relieve you of any obligations incurred before the termination. Sections of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, and indemnification) will survive.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising from your use of the Service are governed by the laws of the State of California, USA, without regard to its conflict of law principles. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved through friendly negotiations shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction and venue of such courts.

If you are a consumer residing in a jurisdiction with laws that give you the right to bring disputes in your local courts or under different law (for example, certain consumer protection or data protection laws), nothing in these Terms (including this Governing Law section) limits those rights.

13. Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

Waiver: The failure of AACI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of AACI.

Entire Agreement: These Terms (along with any additional policies or guidelines we reference, such as our Privacy Policy, User Data Deletion Policy, and Data Processing Agreement) constitute the entire agreement between you and AACI Group, Inc. regarding the Service and supersede all prior or contemporaneous understandings regarding the same subject matter.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. AACI may freely assign or transfer these Terms (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: These Terms are for the benefit of you and AACI Group, Inc. only, and no third party shall have any rights under these Terms.

14. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at:

AACI Group, Inc. (Wildfire Action Plan Support)
Email: legal@wildfireactionplan.com
Address: 2001 Clayton Road, Suite 200, Concord, CA 94520