Effective Date: March 9th, 2026
1. Acceptance of Terms
By creating an account, accessing, or using WhyFire’s services (“Services”), you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
WhyFire, LLC (“WhyFire,” “we,” “us,” or “our”) is located at PO Box 6202, Beaverton, Oregon 97007.
2. Services Offered
WhyFire provides digital software platform services to the fireplace industry, including but not limited to:
Base Services
- Online estimate generator tools
- Dealer management systems
- Product browsing and configuration tools
- Lead generation and analytics
- Consumer-facing estimator integrations
- Website development and services
Add-On Services (available with certain packages)
- Additional location/market coverage
- Custom branding
- Extended product catalogs
- Third-party integrations
- Training and onboarding support
Service features and availability are subject to your selected package and may be updated periodically. We will notify you of significant changes to your service level.
3. Data Ownership and Use
3.1 Customer Data Ownership
You retain ownership of all customer information, leads, estimates, configurations, website content, analytics data, and other business data (“Customer Data”) entered into or generated through WhyFire Services. You shall have full access to export all Customer Data at any time during the term of these Terms.
3.2 WhyFire’s Right to Use and Commercialize Data
To enable WhyFire to create valuable industry intelligence that benefits all dealers, you grant WhyFire a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, copy, store, analyze, aggregate, modify, and commercialize Customer Data for any purpose, including but not limited to:
- Data Products and Licensing: Creating, marketing, licensing, and selling industry reports, market intelligence products, benchmarking tools, predictive analytics, data visualizations, and any other data-driven products or services using aggregated and anonymized data.
- Analytics and Reporting: Creating industry trends, market forecasts, competitive analysis, benchmarks, and market intelligence using aggregated and anonymized data.
- Service Improvement: Improving WhyFire’s platform, tools, features, and services based on usage patterns, customer behavior, and performance metrics.
- Marketing and Sales: Using aggregated statistics and anonymized insights for WhyFire’s marketing materials, sales presentations, case studies, thought leadership content, and industry reports.
- Product Development: Developing new products, services, features, and capabilities based on insights derived from Customer Data, including but not limited to AI/machine learning models, recommendation engines, and predictive tools.
- Third-Party Partnerships and Revenue Generation: Sharing, licensing, selling, or otherwise commercializing aggregated and anonymized data insights, reports, or analytics products to manufacturers, distributors, industry associations, research organizations, financial institutions, investors, or any other third parties.
- Derivative Works: Creating and commercializing any derivative works, analyses, insights, or intellectual property based on aggregated Customer Data.
3.3 Revenue and Compensation
Except as specifically provided in Section 3.15 (Data Commercialization Revenue Sharing), WhyFire has no obligation to share revenue, royalties, or any other compensation with you from the commercialization, licensing, or sale of aggregated and anonymized data products or services.
3.4 Data Upon Termination
- You shall have 60 days to export all Customer Data.
- WhyFire will provide you with an export of your Customer Data within 30 days of termination upon request.
- After 90 days, WhyFire may delete your individual Customer Data from active systems, but WhyFire retains the right to maintain aggregated and anonymized data derived from your usage indefinitely.
- All of WhyFire’s rights under Section 3.2 survive termination of these Terms in perpetuity.
3.5 Anonymization and Aggregation
When WhyFire uses Customer Data for purposes outlined in Section 3.2, WhyFire will aggregate data from multiple sources and/or anonymize data such that individual businesses or customers cannot be reasonably identified, except where you have provided explicit written consent for identified use.
3.6 Third-Party Sharing of Identifiable Data
WhyFire will not sell, license, or share your identifiable Customer Data with third parties for their independent marketing or commercial purposes without your explicit written consent. However, WhyFire retains full rights to monetize, license, sell, and commercialize aggregated and anonymized data insights without restriction or notification to you.
3.7 Security
WhyFire will implement commercially reasonable security measures to protect Customer Data from unauthorized access, use, or disclosure. However, you acknowledge that no system is completely secure and WhyFire cannot guarantee absolute security.
3.8 Analytics Access
You acknowledge that industry trends, benchmarks, competitive intelligence, and aggregated analytics provided through WhyFire Services may include data derived from other WhyFire customers, and you similarly contribute to these aggregate insights. As an active WhyFire customer, you will receive access to many of the industry reports and market intelligence products that WhyFire creates from this aggregated data.
3.9 Compliance and Customer Consent
WhyFire will comply with applicable data protection laws in its use of Customer Data. You represent and warrant that you have obtained all necessary consents, authorizations, and permissions from your end customers for the collection, use, and processing of customer information through WhyFire’s platform.
3.10 Data Breach Notification
In the event of a data breach that compromises your identifiable Customer Data, WhyFire will notify you within 72 hours of discovery and will reasonably cooperate with you in any required notifications to affected parties.
3.11 Sublicensing
WhyFire may sublicense any of its rights under this Section 3 to affiliates, subsidiaries, contractors, or third-party service providers as necessary to exercise its rights under these Terms.
3.12 Platform Technology
All software, tools, designs, interfaces, algorithms, and technology used to provide the Services remain the exclusive property of WhyFire.
3.13 Non-Compete Use of Identifiable Data
During the term of these Terms and your active use of WhyFire Services, WhyFire will not use identifiable Customer Data to:
- Directly solicit, market to, or contact your end customers for competing services
- Provide your customer lists or contact information to third parties for direct marketing purposes
- Enable third parties to directly contact your specific customers for competing services
This restriction does NOT limit WhyFire’s right to:
- Use aggregated and anonymized data for any commercial purpose
- Provide Services to other dealers, manufacturers, or industry participants in the same geographic markets
- Develop, operate, consult for, or partner with any businesses that serve the fireplace industry
- Conduct custom market analysis, consulting services, or strategic advisory work using aggregated data
- Use general market intelligence derived from aggregated data to inform any business activities
This non-compete restriction expires upon termination of these Terms.
3.14 Distinction Between Identifiable and Aggregated Data Use
Prohibited Use (Identifiable Data): WhyFire will not provide a specific dealer’s customer list, individual contact information, or details about a specific customer’s project to any third party for direct marketing or competitive purposes.
Permitted Use (Aggregated Data): WhyFire may inform a manufacturer that a region shows certain preferences for product types, with average project values, or provide regional market analysis that helps manufacturers make strategic decisions.
3.15 Data Commercialization Revenue Sharing
To recognize the value of active dealer participation in WhyFire’s data ecosystem, WhyFire will provide account credits to active dealers when WhyFire receives payment for custom market analysis, consulting projects, or commissioned research reports that exceed $50,000 in total project value.
- Eligibility: Only dealers with active, paid WhyFire subscriptions at the time the project payment is received are eligible for credits.
- Credit Amount: Eligible dealers will receive a pro-rata credit applied to their next monthly invoice, distributed proportionally based on the volume of data each dealer has contributed during the preceding 12 months.
- Total Pool: The aggregate credit pool for each qualifying project will equal 10% of the project revenue received by WhyFire.
- Distribution: Credits will be calculated and applied within 60 days of WhyFire receiving project payment.
- Exclusions: This revenue sharing does not apply to: (a) subscription-based data products; (b) WhyFire’s internal use of data; (c) free or promotional reports; (d) projects valued under $50,000; or (e) dealers who have opted out of data commercialization.
3.16 Data Commercialization Opt-Out Option
Dealers may elect to exclude their Customer Data from third-party commercialization activities by negotiating a Data Privacy Premium with WhyFire. Dealers who opt out are not eligible for credits under Section 3.15. Opt-out applies prospectively from the effective date of the opt-out agreement.
4. Fees and Payment
4.1 Service Fees
Current pricing structure (subject to change with 30 days notice):
| Service Level |
Setup Fee |
Monthly Fee |
| Level 1 – WhyFire Pro | $2,999 | $199 |
| Level 2 – Script (Online Estimates) | $3,999 | $299 |
| Level 2 – Script (Display Only) | $1,999 | $199 |
| Level 3 – WhyFire Website | $7,499 | $399 |
4.2 Billing Cycle
- Setup Fees are charged upon service activation and are subject to the refund policy in Section 4.5
- Monthly Service Fees are billed on the 1st of each month via credit card on file
- Initial billing begins when your platform is built out and the initiation email is sent to you
- If service activation occurs mid-month, the first month’s fee will be prorated
4.3 Payment Terms
- All fees are in USD
- Payment is due on the 1st of each month
- If payment is not received within 10 days: services may be suspended, a late fee may be applied, and interest may accrue at 2% per year or the maximum allowed under Oregon law
4.4 Collection Costs
You shall pay all costs of collection for unpaid fees, including reasonable attorney fees.
4.5 Refund Policy
Monthly Service Fees: Refundable within the first 60 days of service if you are not satisfied.
Setup Fees:
- 50% refundable if you terminate within the first 30 days
- 25% refundable if you terminate within 31–60 days
- Non-refundable after 60 days
4.6 WhyFire Website Services
WhyFire Website subscriptions include hosting, SSL certificates, security updates, platform maintenance, uptime monitoring, and standard support.
Routine Updates & Maintenance — Each included once per month at no charge. Additional requests: $65 each.
- Update Contact Info
- Update Career Page
- Blog Post Publishing (2/Month, Client Provides Content)
- Update Sales/Promotion Page
- Update Single Form
- Update Website Menu
- Update Global Colors and/or Fonts
New pages, integrations, and custom work are available at standard rates. Current pricing is available at whyfire.com/rates.
5. Term and Termination
5.1 Term
These Terms begin when you create an account and continue until terminated by either party.
5.2 Service Changes
You may upgrade or downgrade your Service Package at any time with 30 days written notice. Service changes may require a new service agreement or addendum.
5.3 Termination by You
You may terminate your service at any time with 30 days written notice. You remain responsible for any fees incurred through the end of the notice period.
5.4 Termination by WhyFire
We may terminate or suspend your access immediately, without prior notice, if:
- You breach these Terms
- Your payment is more than 30 days overdue
- You engage in fraudulent or illegal activity
- You misuse the Services in a way that harms WhyFire or other users
5.5 Effect of Termination
- You lose access to the Services immediately upon termination
- You remain responsible for all fees accrued through the termination date
- You have 60 days from termination to export all Customer Data
- We will assist with data export upon request within 30 days of termination
- We may delete your data 90 days after termination
6. Acceptable Use
You may use the Services only for lawful business purposes related to the fireplace and hearth industry. You may not use the Services for any illegal purpose, attempt to gain unauthorized access, reverse engineer any portion, resell without permission, or interfere with the Services.
You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account.
7. Service Level and Support
We strive to maintain 99% uptime for our Services, excluding scheduled maintenance. We do not guarantee uninterrupted access.
We may update, modify, or discontinue features of the Services at any time. We will provide notice of significant changes that materially reduce functionality.
8. Intellectual Property
All rights, title, and interest in the Services, including all software, designs, trademarks, and technology, remain the exclusive property of WhyFire. You retain all rights to your data, pricing information, branding, and content provided to WhyFire.
Subject to these Terms and your payment of fees, WhyFire grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
9. Warranties and Disclaimers
WhyFire warrants that the Services will perform substantially in accordance with the service description for your selected package.
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES 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, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHYFIRE’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO WHYFIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL WHYFIRE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
11. Indemnification
You agree to indemnify, defend, and hold harmless WhyFire from and against any claims arising from your use or misuse of the Services, your breach of these Terms, your violation of any law, or content or data you provide to WhyFire.
WhyFire agrees to indemnify you against claims that the Services infringe a third party’s intellectual property rights, provided you notify WhyFire promptly and give WhyFire sole control of the defense.
12. Confidentiality
Each party agrees to maintain the confidentiality of the other party’s proprietary information and to use Confidential Information only for purposes of these Terms.
Confidentiality obligations survive termination of these Terms for five (5) years.
13. Dispute Resolution
Governing Law: These Terms are governed by the laws of the State of Oregon.
Venue: Any legal action shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon.
Informal Resolution: Before filing any formal dispute, you agree to contact WhyFire at support@whyfire.com and attempt to resolve the issue informally for at least 30 days.
Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in Portland, Oregon.
14. General Provisions
These Terms constitute the entire agreement between you and WhyFire regarding the Services. WhyFire may modify these Terms at any time by posting updated Terms on our website with at least 30 days notice of material changes.
You may not assign or transfer these Terms without WhyFire’s prior written consent. If any provision is found unenforceable, the remaining provisions remain in full force.
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
15. Electronic Signature and Consent
By creating an account and checking the agreement box, you consent to conduct this transaction by electronic means and agree that electronic signatures have the same legal force as traditional handwritten signatures.
By typing your name in the signature field and checking the agreement box, you acknowledge that this constitutes your legal electronic signature and binding acceptance of all terms and conditions in these Terms of Service.
16. Contact Information
WhyFire, LLC
PO Box 6202, Beaverton, Oregon 97007
Contact: whyfire.com/contact
Website: whyfire.com
By creating an account or using WhyFire’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.