1. Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Fifthweapon LLC ("Fifthweapon LLC," "we," "us," or "our"). These Terms govern your access to and use of the 5thweapon website, and services (collectively, the "Platform").

By using the Platform, you agree to comply with these Terms. If you do not agree, you must not access or use the Platform. You must be at least 18 years old to use the Platform.

We may modify these Terms at any time. Changes are effective immediately upon posting. Your continued use of the Platform after changes means you accept the revised Terms.

Our Privacy Policy governs the collection, use, and disclosure of your personal information and is incorporated into these Terms. You agree to our Privacy Policy by using the Platform.

2. Services

Fifthweapon LLC provides 5thWeapon, a lead management and client communication software for attorneys. By subscribing to our services ("Services"), you acknowledge and agree to the following:

(a) Service Modifications – We reserve the right to update, enhance, or discontinue any feature at our discretion.

(b) No Guaranteed Future Features – Purchasing Services does not guarantee future features, updates, or continued availability of any specific function.

(c) As-Is Basis – The Platform is provided "as is" without warranties, except as expressly stated in these Terms.

(d) Additional Terms – Some Services may have additional terms. If a conflict arises, these Terms take precedence.

3. Intellectual Property

The Platform, including all content, features, and functionality, is the property of Fifthweapon LLC and protected by intellectual property laws.

You may not:

- Copy, modify, or distribute any part of the Platform without our written permission.

- Use Fifthweapon LLC’s trademarks or branding without authorization.

If you believe your intellectual property rights have been infringed, contact us at [email protected].

4. License & Prohibited Uses

We grant you a non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes only. You agree not to:

- Use the Platform for any unlawful or fraudulent activity.

- Interfere with or disrupt Platform functionality.

- Upload malicious software, spam, or engage in unauthorized data collection.

- Resell or sublicense access to the Platform.

Violation of these terms may result in suspension or termination of your access.

5. User Responsibilities

You agree that:

- You are responsible for all actions taken under your account.

- You will maintain all necessary licenses, permissions, and compliance obligations.

- You will not misrepresent Fifthweapon LLC’s Services.

- You will ensure that your employees and clients understand and comply with these Terms.

6. Communications Features

If you use our communication features (e.g., SMS, email, calls), you are responsible for compliance with laws such as the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. Fifthweapon LLC is not liable for your compliance failures.

You represent that:

- You have consent from recipients before sending messages.

- You will honor opt-out requests immediately.

- You will not use our Services for spam or unsolicited communications.

7. Payment & Subscription

(a) Fees – You agree to pay applicable fees based on your subscription plan. Fees are non-refundable.

(b) Billing – Subscription fees are billed in advance. You authorize Fifthweapon LLC to charge your provided payment method.

(c) Taxes – You are responsible for any applicable taxes related to your subscription.

(d) Late Payments – If payment is not received on time, we may suspend or terminate access.

(e) Disputes – Billing disputes must be raised within 60 days. Continued use of the Service while a dispute is pending is required.

(f) Refunds – All fees are non-refundable, including unused portions of a subscription.

(g) Free Trials – If you sign up for a free trial, your subscription will automatically continue unless canceled before the trial ends.

8. Data & Account Security

(a) Your Data – You retain ownership of your data. You grant us a license to process it for service delivery.

(b) Data Security – While we take reasonable security measures, you acknowledge that data transmission over the internet is inherently insecure.

(c) Account Credentials – You are responsible for maintaining the security of your login credentials. Notify us immediately of unauthorized access.

(d) Inactive Accounts – We may delete inactive accounts after one year of non-use.

9. Termination & Suspension

(a) Termination by You – You may terminate your subscription by providing 30 days' notice before your next billing cycle.

(b) Termination by Us – We may suspend or terminate your access for violations of these Terms, non-payment, or misuse of our Services.

(c) Effect of Termination – Upon termination, your access to the Platform and Services will be revoked. No refunds will be issued.

10. Limitation of Liability & Indemnification

(a) No Warranty – The Platform is provided "as is" without guarantees. We do not warrant uninterrupted service or error-free performance.

(b) Liability Cap – Our total liability for any claims related to these Terms is limited to the amount you paid us in the past 3 months.

(c) No Indirect Damages – We are not liable for consequential, incidental, or punitive damages.

(d) Indemnification – You agree to defend and indemnify Fifthweapon LLC against claims arising from your misuse of the Platform or violations of these Terms.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of Florida, USA. Any disputes will be resolved through binding arbitration in Florida, except where prohibited by law.

12. General Provisions

(a) Severability – If any part of these Terms is found invalid, the remaining sections remain in effect.

(b) No Waiver – Our failure to enforce any part of these Terms does not waive our rights.

(c) Force Majeure – We are not liable for events beyond our control, such as natural disasters or network failures.

(d) Contact Information – For questions regarding these Terms, contact us at [email protected].

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Effective Date: February 14, 2025