AMP

Updated on March 26, 2024

AMP Terms of Service

This AMP Terms of Service (this “Agreement”) is a binding legal contract by and between the organization (“Customer,” “you” or “your”) accessing the Services and FreeWire Technologies, Inc., a Delaware corporation with an address at 7200 Gateway Boulevard, Newark CA 94560 (“FreeWire”). The “Services” include, without limitation:

  • AMP™ – the FreeWire asset management platform for managing Boost Charger™ and other related or complementary functionality
  • Mobilyze™ – The FreeWire DCFC siting analytics and intelligence platform
  • Any other digitally accessible platforms, applications or programs, including any FreeWire mobile app, website or cloud service

The Services do not include the operating system onboard any FreeWire hardware, which is governed by relevant equipment sale agreements.

By accessing or otherwise utilizing the Services, You agree to be bound by this Agreement.

 

1. Access to the Services

a. Access Rights.

  1. Subject to all applicable provisions hereof and Your compliance therewith, Your Authorized Users may access and utilize the Services specified in Applicable Documentation during the Subscription Term (each of the foregoing as a “Subscription”). Billing Periods are set forth below.
  2. Subscription may be quantified, apportioned, limited or restricted as set forth in Applicable Documentation. “Authorized User” means the natural person(s), designated by your organization, who are granted account credentials for the Services.
  3. Unless set forth in Applicable Documentation, Subscriptions are granted and billed on a per-Boost-Charger basis.
  4. You will provide and maintain true, accurate, complete and current information as required or requested by FreeWire in connection with this Agreement and the Services, including in regard to Authorized User information. Any personal information you provide (such as email addresses) is subject to our Privacy Policy.
  5. You may access and utilize the Services for Your legitimate business purposes in compliance with all applicable law. You will not, and You will not permit, allow, encourage or otherwise cause any third party to undertake any of the activities listed as “Restricted Activities,” below.

b. Authorized Users.
You are responsible for managing your Authorized Users and will designate initial Authorized Users and designate those with administration rights when You first create accounts for the Services. You are fully responsible for all actions and omissions of Your Authorized Users as if they are Your actions or omissions. You are fully responsible for choosing secret and secure login credentials and for the continued secrecy and security of such credentials. FreeWire will provide you with a reasonable number of Authorized Users. Authorized Users may not share account credentials with anyone.

c. Pricing.

  1. Pricing Generally. Pricing for the Services’ features and tiers are set forth (in order of increasing precedence): (i) as set forth in the documentation describing such Services, which may be available online and/or provided to You by FreeWire; (ii) within the UI of the Services; and/or (iii) in written documentation executed between You and FreeWire (each a “PO”; the foregoing (i)-(iii) as “Applicable Documentation”). Applicable pricing will be confirmed at point-of-sale or by written communication with FreeWire, with email to suffice.
  2. Pricing Updates. Unless otherwise set forth in Applicable Documentation, pricing changes will be effective at the commencement of the billing cycle after which they are communicated to You. Certain Services’ features or tiers may be included with other services, for instance, as set forth in Section 2(a)(i) below, pertaining to AMP ESSENTIALS access during the Warranty Period for Boost Chargers.
  3. Algorithmically Priced Features. Some features of the Services, such as those related to energy optimization, have algorithmically derived pricing (each an “Algorithmically Priced Feature”) and such pricing wi ll vary from Billing Period to Billing Period based on a variety of factors, including, without limitation, seasonal environmental and economic factors, energy consumption, configuration of relevant Boost Chargers, utilization and relevant energy tariffs. FreeWire will provide reasonably requested information regarding how such algorithms determine relevant pricing.      FreeWire has the absolute right to determine the pricing for Algorithmically Priced Features and You agree and acknowledge you have no right to contest or dispute any such underlying algorithms. If you do not agree to the foregoing, Your only remedy is not to utilize any Algorithmically Priced Features. Fees for Services provided to you hereunder become due and owing on an ongoing basis. If any Service is canceled or terminated during any applicable Billing Period, You will be obligated to pay the applicable fees for the entire Billing Period; provided that Algorithmically Priced Features will be priced according to the relevant underlying algorithm through the relevant date of cancellation or termination unless otherwise memorialized in Applicable Documentation.

d. Billing.

  1. Periods and Invoices. Except as set forth in Applicable Documentation, the billing periods (“Billing Periods”) for each Subscription are month-to-month and will automatically renew unless terminated or cancel ed as set forth herein.
  2. Invoices. Except as set forth in Applicable Documentation, invoices will be sent to You once a Billing Period (except for the first Billing Period of any applicable Subscription), in arrears, for the Subscriptions provided to You in the previous Billing Period. Some Subscriptions may be billed on other cadences, and such relevant billing cadence will be memorialized in Applicable Documentation.
  3. Payment. All invoices must be paid within thirty (30) days of receipt thereof, without any right offset or withholding. Late fees will be charged at the rate of one and a half percent (1.5%) interest per month or highest allowable rate under law, whichever is lower on any outstanding balance. FreeWire is entitled to recover reasonable costs of collection of any outstanding fees hereunder, including reasonable attorneys’ fees.

e. Dependencies.
Certain features and functionality of FreeWire hardware (such as the Boost Charger) are enabled or enhanced by certain AMP functionality as set forth in relevant documentation. Similarly, certain functionality or features of the Services require You to provide certain hardware or software, such as Your own payment network or customer database, site meters, current transformers and/or power transfer switches. Such dependencies will be set forth on relevant documentation provided to You in connection therewith.

d. Updates.
FreeWire may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Services (the foregoing as “Updates”). These may be automatically installed without providing you any additional notice or requiring any additional consent. Buyer consents to these automatic Updates. FreeWire will provide reasonable prior notice about Updates unless Updates are made on an emergency basis, in which case FreeWire will communicate with You about those Updates promptly thereafter. Updates will not diminish or limit pre-existing functionality unless FreeWire deems such Updates reasonably necessary to address an emergency or for legal compliance purposes, in which case FreeWire will discuss pricing adjustments with You within a reasonable period of time after such Updates. Notwithstanding the foregoing, new features released in Updates, including enhancements to pre-existing features, may be subject to additional legal provisions or fees. If You do not wish to receive Updates, Your remedy is to stop using relevant Services.

 

2. Term and Termination

a. Subscription Term.
The subscription term (“Subscription Term”) of each of Your Subscriptions is as follows:

  1. Unless otherwise set forth in Applicable Documentation, for the duration of the warranty period (the “Warranty Period”) of any Boost Charger, FreeWire will provide one (1) AMP ESSENTIALS™ Subscription, as a part of each Boost Charger’s warranty coverage.
  2. For all other Subscription, the Subscription Term will commence upon the first day that You activate relevant Service (either by means of notice to FreeWire or through the online functionality made available to you to the Services) and persist until the earlier of: (x) termination, as set forth herein; and (y) Your cancellation or non-renewal of the Subscription Period.

b. Termination.

  1. By Customer. Customer may cancel any Subscription by sending notice to FreeWire no less than thirty (30) days prior to the end of the then-current Subscription Term for such Service. If such notice is twenty-nine (29) days or fewer prior to the end of the then-current Subscription Term, cancellation will be effective at the end of the next Subscription Term. Except as expressly set forth in this Section 2(b), You have no right to cancel or terminate any Service.
  2. By FreeWire. FreeWire may cancel or terminate any of your Subscriptions or Access rights: (i) on thirty (30) days notice for uncured material breach of any material provision hereof, provided such breach is not cured in such notice period; (ii) immediately upon notice for material breach of any material provision hereof that is not potentially curable, as judged within FreeWire’s reasonable discretion; (iii) on seven (7) days’ notice for failure to pay amounts outstanding hereunder. Separately, FreeWire may discontinue any Service by providing one hundred and eighty (180) days notice to Customer of such discontinuation; thereupon, FreeWire may discontinue the affected Service at the end of the next Billing Period.
  3. On Boost Charger Decommission. Customer may send a request to cancel the then-current Subscription Term for any Boost Charger that Customer decommissions by sending a request to FreeWire in connection therewith. For the purposes of this section, to decommission a Boost Chargers means to remove a Boost Charger from service. Customer will provide FreeWire with reasonably requested information in connection with such request and FreeWire will consent to the cancellation of such Subscription Term with such cancellation not to be unreasonably withheld. The end of the applicable Subscription Term will be on or about the decommission date of the relevant Boost Charger as determined by FreeWire in its reasonable discretion.

 

3. Intellectual Property and Data.

a. Rights in the Services.
FreeWire and its licensors retain all right and title to, in and under the intellectual property, industrial and other proprietary rights in the Services, including any improvements or derivative works thereof. FreeWire hereby grants you an irrevocable, non-exclusive, royalty-free license to use and utilize any reports generated by the Services provided You do not remove or obscure FreeWire’s markings or logos, or, if provided in summary form, you include attribution to FreeWire’s Services in a form reasonably requested by FreeWire.

b. Data.
You may enter, upload or otherwise provide data and information into the Services (“Your Data”). Some of Your Data may be generated by Boost Chargers or other FreeWire hardware or technology. Your Data is Your property. You hereby provide FreeWire license in Your Data: (1) to use Your Data to enable the features and functionality of the Services; (2) for FreeWire’s internal analytics and business purposes, subject to all applicable confidentiality provisions hereof; (3) to use in any manner as set forth in any Applicable Documentation or other agreement between you and FreeWire; and (4) to enable FreeWire’s feedback rights set forth in Section 3(c) below. The foregoing Licenses (2) through (4) are irrevocable, global, royalty-free, fully-paid and fully sublicensable. The License set forth in the foregoing (1) is globally, royalty-free, fully paid, sublicensable to the extent necessary to provide the Services and shall be coterminous with the relevant Subscription for the relevant Services.

c. Feedback.
You hereby grant FreeWire a perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, fully sublicensable license in the content of all communications, feedback and communications provided by You to FreeWire (directly or indirectly, whether in written or oral form), in the information FreeWire collects through the Services, and Your Data: (i) to incorporate into, utilize in or with or improve any FreeWire’s products and services (including any of the Services); (ii) to perform analytics upon and in connection therewith, including to integrate into databases, create AI /ML models to improve FreeWire’s products and integrate into other software, firmware or hardware; (iii) to make internal use of Your Data and to create or modify aggregated, anonymized sets of Your Data which does not identify You or any end users of any FreeWire hardware or charging station (“Aggregated Anonymous Data”), and to disclose, use and/or share the Aggregated Anonymous Data for any lawful purpose; and (iv) for any other lawful purpose.

d. Further Assurances.
You agree to execute any documentation, and take all other reasonable steps, requested by FreeWire in connection with the memorialization and/or enforcement of the rights set forth in this Section 3.

e. Reservation of Rights.
Except as expressly set forth herein, FreeWire reserves all of its intellectual property, industrial and other proprietary rights and no license, grant, transfer or other disposition of any of the foregoing is made hereby.

 

4. Privacy.

The Services do not generally collect or process personal information except for any personal information incidentally contained in Authorized User login credentials, such as email addresses. Additionally, any personal information collected or processed by the Services is governed by the FreeWire Privacy Policy.

 

5. Confidentiality

a. Definition.
“Confidential Information” means any non-public information disclosed by a party (including such party’s personnel and agents, together as “Discloser”) to the other party (including such party’s personnel and agents, together as “Recipient”) hereunder, either directly or indirectly, whether disclosed orally, in writing or otherwise. FreeWire’s Confidential Information includes all non-public information relating to FreeWire hardware, software, the Services and/or FreeWire’s business.

b. Duty of Confidentiality.
Recipient shall not, during or subsequent to the term of this Agreement, use Discloser’s Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein or disclose such Confidential Information to any third party except as otherwise permitted hereunder. Recipient may disclose Confidential Information of Discloser only to those employees or consultants who have a need to know such Confidential Information and who are bound to retain the confidentiality thereof under provisions (including provisions relating to nonuse and nondisclosure) no less restrictive than those required by Recipient for its own Confidential Information. Recipient shall maintain Confidential Information of Discloser with at least the same degree of care it uses to protect its own proprietary information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. Recipient shall promptly advise Discloser in writing of any misappropriation or misuse of Discloser’s Confidential Information of which Recipient becomes aware.

c. Exceptions.
This Agreement shall not prevent Recipient from disclosing Confidential Information of Discloser to the extent required by a judicial order or other legal obligation, provided that, in such event, Recipient shall promptly notify Discloser to allow intervention (and shall cooperate with Discloser) to contest or minimize the scope of the disclosure (including application for a protective order). Each party may disclose the terms and conditions of this Agreement as required by the applicable securities laws, including requirements to file a copy of this Agreement (redacted to the extent reasonably permitted by applicable law) or to disclose information regarding the provisions hereof or performance hereunder to applicable regulatory authorities. Further, each party may disclose the terms and conditions of this Agreement: (i) in confidence, to legal counsel; (ii) in confidence, to accountants, banks and financing sources and their advisors; and (iii) in connection with the enforcement of this Agreement or any rights hereunder, provided that, in each case, Recipient remains responsible for such third parties’ compliance with the confidentiality obligations hereunder. Confidential Information does not include information which: (A) is already known to Recipient at the time of disclosure; (B) becomes publicly known and made generally available through no wrongful act or inaction of Recipient; (C) is rightfully received by Recipient from a third party without a duty of confidentiality; (D) is authorized for disclosure by Discloser prior to such applicable disclosure; and/or (E) is independently developed by Recipient without reliance on Discloser’s Confidential Information.

d. Return of Materials.
Upon the termination of this Agreement, or upon Discloser’s earlier request, each party (as Recipient) shall deliver to Discloser, or destroy all of Discloser’s Confidential Information embodied in tangible (including electronic) form, and certify in writing to Discloser that all such Confidential Information has been returned or destroyed. The provisions of this Section 10(d) shall not apply to Confidential Information incidentally stored in a party’s automated back-up systems, provided that such Confidential Information be held in accordance with the provisions of this Agreement and will be deleted pursuant to the applicable policies governing such systems.

 

6. Warranties.

a. You represent and warrant that:

  1. You are duly authorized by the organization You represent and when you execute this Agreement (by any of accessing the Services, executing a writing making reference to these services, or by ‘clicking to agree’) this Agreement will be binding upon the organization you represent;
  2. None of the execution, delivery or performance of this Agreement or the transactions contemplated hereby does or will violate any applicable law, regulation or order or the rights of any third party; and
  3. You have all rights necessary to grant the licenses set forth herein.

b. FreeWire represents and warrants that none of the execution, delivery or performance of this Agreement or the transactions contemplated hereby, materially violates any applicable law, regulation or order or the valid intellectual property rights of any third party.

c. THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ EXCEPT AS EXPRESSLY SET FORTH HEREIN, FREEWIRE MAKES NO AND DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY PERTAINING USE, QUALITY, AVAILABILITY, UPTIME, ACCURACY, TITLE, NON-INFRINGEMENT, COMPLIANCE WITH ANY LAW OR STANDARD AND/OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ). FREEWIRE DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT FREEWIRE WILL CORRECT ALL RELEVANT ERRORS. YOUR SOLE AND EXCLUSIVE REMEDIES HEREUNDER ARE TO CANCEL SERVICES AS SET FORTH IN SECTION 2 AND YOUR INDEMNITY RIGHTS IN SECTION 7. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES SET FORTH HEREIN ARE CRITICAL COMPONENTS OF THIS AGREEMENT AND MATERIAL INDUCEMENTS FOR FREEWIRE TO ENTER INTO THIS AGREEMENT, WITHOUT WHICH FREEWIRE WOULD NOT ENTER INTO THIS AGREEMENT.

 

7. Indemnity

a. By You.
You will indemnify, defend and hold harmless FreeWire, including its and its employees, officers, directors and permitted successors and assigns, from and against any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) incurred in connection with any third-party claim, action or proceeding (each, a “Claim”) pertaining to: (i) your violation of any of your warranties hereunder; (ii) any personal information breaches You experience or are caused or occasioned by Your actions or omissions.

b. By FreeWire.
FreeWire will indemnify, defend and hold You harmless, including your employees, officers, directors and permitted successors and assigns from and against any and all Losses incurred in connection with any Claim that the Services infringe the valid intellectual property rights of any third party. FreeWire shall have no indemnity obligation hereunder to the extent that any applicable Claim pertains to: (i) the alteration or modification of the Services without FreeWire’s express prior written consent; (ii) any modifications, customizations, configurations or other alteration to any Services at Your request; and/or (iii) the combination of any Services with any other materials where such combination is not reasonably foreseeable.

 

8. Limitation of Liability.

a. IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY HERETO OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

b. EXCEPT FOR FREEWIRE’S INDEMNITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL FREEWIRE’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT, ARISING UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE AND/OR INDEMNITY) EXCEED THE TOTAL OF THE AMOUNTS PAID, OR PAYABLE, TO FREEWIRE BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.

 

9. Miscellaneous
Any delays in, or failure of, performance or delivery by either party shall not constitute default or give rise to any claims for damages, if and to the extent caused by acts of God; acts, rules or regulations of any governmental authority; strikes or other concerted acts of workers; fires, floods, storms, accidents, earthquakes, tidal waves or other natural disasters; epidemics, war, riots, rebellions, sabotages or insurrections; or any other similar circumstances beyond a party’s reasonable control. This Agreement constitutes the entire agreement between the parties relating to Your use of the Services, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties and communications, whether written or oral. This Agreement will not be modified other than in a writing that specifies it is an amendment to this Agreement and which is duly executed by an authorized representative of each of the parties hereto; provided that FreeWire may update this Agreement on no less than thirty (30) days’ notice to you and such updates will be binding, provided that no modification of hereof will modify any Claims that have accrued prior to the date of such notice. No waiver hereunder shall be binding unless executed in writing by a duly authorized representative of the party to be bound thereby. None of Your rights or obligations under this Agreement may be assigned, delegated or otherwise transferred, whether by agreement, operation of law or otherwise, without the express prior written consent of FreeWire. Any attempted or purported assignment in violation of this Section shall be null and void ab initio. You and FreeWire are independent contractors. Nothing herein creates any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party may contract for or bind the other party in any manner whatsoever. This Agreement (including all matters arising out of or relating hereto) is governed by and shall be construed in accordance with the internal laws of the State of California, without reference to any conflict of law doctrine, as if executed and fully performed therein. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration will take place in San Francisco in the United States; provide that the parties may agree to telepresence. Notwithstanding the foregoing, the parties may seek equitable remedies for violations of the intellectual property and proprietary rights and licenses set forth herein, and the parties irrevocably agree that any such dispute, action or proceeding pertaining thereto must be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in San Francisco County, California. Each party irrevocably submits to the forum selection requirements set forth herein and waives any and all objection thereto, including any objection of forum non conveniens. Section headings used in this Agreement are inserted for convenience only and shall not affect meaning or interpretation. The construction hereof shall not take into consideration the party or party representative who drafted any portion of this Agreement, and no canon of construction shall be applied that resolves ambiguities against the drafter. Each party has had the opportunity to have its legal counsel review this Agreement and has done so to the extent desired. References to Sections and Exhibits are to Sections and Exhibits of this Agreement unless otherwise specified. Whenever the words “include,” “includes” or “including” are used, they are deemed to be followed by the words “without limitation.” The word “or” is not exclusive but shall mean “and/or.” This Agreement is for the sole benefit of the parties and there are no third-party beneficiaries hereto. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. To the greatest extent possible, any invalid provision shall be automatically deemed modified to the least extent necessary to render it a valid provision which most closely approximates the intent and effect of the invalid provision and, together with all other provisions of this Agreement, shall continue in full force and effect. Any provisions of this Agreement that expressly continue or are intended to operate subsequent to the term of this Agreement shall survive the termination or expiration of this Agreement for any reason. This Agreement may be executed by any means set forth herein and/or in any number of counterparts (including by electronic signature), each of which will be deemed to be an original and which taken together will be deemed to be one and the same instrument.

 

Restricted Activities

You will not perform any of the following:

  1. Data mining, extraction, scraping and the use of programs or robots for automatic data collection and/or extraction of digital data on the Services and/or the content available therein is strictly prohibited for all unauthorized purposes, including without limitation for machine learning purposes.
  2. The technology and software underlying or distributed in connection with the Service is owned by us and our licensors, affiliates and partners. We do not grant any rights in such software to you. You must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software, unless we grant our express permission in advance.
  3. Bulk, large-scale or systematic copying of content on the Se rvices is strictly prohibited unless explicit permission has been granted by us.
  4. You will not yourself or through any third party:
    • copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
    • use or compile any content on the Services to replicate a similar or competing service to the Services, or copy the look or feel or the Services;.
    • use the Services to transmit unsolicited messages or engage in spamming;.
    • use the Services to store or transmit any virus or malicious code;.
    • impersonate any other person or entity on the Services, or impersonate any non-existent relationship with such persons;.
    • use or exploit any metatags or other hidden texts containing our name or any of our trademarks without our express written consent;.
    • collect, store or use any personal information, including member names or profiles, about other users;.
    • access the Services for purposes of performance benchmarking or for building or marketing a competitive product; or
    • bypass any measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content.
  5. You will not use the Services to transmit unsolicited messages or engage in spamming.
  6. You will not use the Services to store or transmit any virus or malicious code.
  7. You will not impersonate any other person or entity on the Services, or impersonate any non-existent relationship with such persons.
  8. You will not use or exploit any metatags or other hidden texts containing our name or any of our trademarks without our express written consent.
  9. You will not collect, store or use any personal information, including member names or profiles, about other users.

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