Market Monitor Supplemental Subscription Terms
Effective Date: April 8, 2026
Version 1.0
These Market Monitor Supplemental Subscription Terms (“Market Monitor Terms”) are entered into by and between Firecrown Media, Inc. (“Firecrown,” “we,” “us,” or “our”) and the individual or entity accepting these Market Monitor Terms (“you” or “Subscriber”).
These Market Monitor Terms govern your access to and use of Firecrown’s Market Monitor subscription product, including any related dashboards, charts, trend lines, market indices, historical views, downloadable or viewable data outputs, premium research reports, white papers, briefings, written analysis, and other add-on or premium features made available through the Market Monitor offering (collectively, the “Product”).
These Market Monitor Terms supplement Firecrown’s general Terms of Use (https://firecrown.com/terms-of-use/) and Privacy Policy (https://firecrown.com/privacy-policy/) . In the event of a conflict between these Market Monitor Terms and the general Terms of Use, these Market Monitor Terms control solely with respect to the Product. Firecrown’s Terms of Use and Privacy Policy are incorporated into these Market Monitor Terms by reference and remain in full force and effect.
By clicking to accept these Market Monitor Terms, subscribing to the Product, accessing the Product, or using any portion of the Product, you agree to be bound by these Market Monitor Terms, Firecrown’s Terms of Use, and Firecrown’s Privacy Policy. If you do not agree, do not subscribe to, access, or use the Product.
1. Eligibility and Authority
You represent and warrant that:
- you are at least eighteen (18) years old;
- you have the legal capacity to enter into these Market Monitor Terms; and
- if you access or use the Product on behalf of a company or other entity, you have authority to bind that entity, and “you” includes both you individually and that entity.
2. Description of Product
Market Monitor is a subscription-based software and information service that provides access to selected freight-market data, market indicators, charts, trend information, and related informational materials. Certain portions of the Product may be made available only through additional paid add-ons, upgrades, or premium modules, including without limitation market research reports, white papers, and other written analysis (“Premium Research Content”).
The Product is offered as a lower-tier, limited-access market intelligence offering and is not a substitute for any direct enterprise or platform agreement with SONAR or any other upstream data provider.
3. Subscription Plans; Fees; Billing
(a) Plans. Firecrown may offer monthly, annual, and other subscription plans for the Product, together with optional paid add-ons or upgrades.
(b) Billing Authorization. By subscribing, you authorize Firecrown and its third-party billing and payment processors to charge the payment method you provide for all subscription fees, renewal fees, add-on fees, applicable taxes, and any other charges incurred in connection with your account.
(c) Recurring Billing. Unless otherwise expressly stated at the time of purchase, subscriptions automatically renew for successive billing periods equal in length to the initial subscription term, and you authorize us to charge the then-current subscription fee at each renewal unless and until you cancel.
(d) Price Changes. Firecrown may change pricing for future billing periods upon prior notice posted in the Product, by email, or through your account.
(e) Taxes. You are responsible for applicable sales, use, value-added, withholding, or similar taxes, excluding taxes based on Firecrown’s net income.
(f) Refunds. Except as expressly required by applicable law or expressly stated in a written offer or policy published by Firecrown, subscription fees and add-on fees are non-refundable, including for partial billing periods, partial use, failure to use, or downgrades during an active billing term.
(g) Suspension for Nonpayment. Firecrown may suspend or terminate access to the Product for failed charges, chargebacks, payment disputes, or delinquent amounts.
(h) Cancellation. You may cancel your subscription at any time through your account or by any other method we make available, but unless otherwise expressly stated in writing, any cancellation will take effect only at the end of the then-current billing period, and you will not receive any refund or credit for any unused portion of that billing period.
4. Account Registration and Individual Access
(a) Individual Account. Each subscription is issued to a single named user unless Firecrown expressly agrees in writing to a multi-user, enterprise, or team arrangement. Firecrown may suspend, restrict, or terminate access to the Product, or require credential reset, reauthentication, or migration to a different subscription tier, if Firecrown reasonably suspects that an account is being shared, accessed by multiple users, or otherwise used in a manner inconsistent with the individual-use restrictions set forth in these Market Monitor Terms.
(b) No Credential Sharing. You may not share logins, passwords, access credentials, or account access with any other person. You may not allow multiple individuals to use one subscription or rotate access among multiple users.
(c) Responsibility for Account Activity. You are responsible for all activity occurring under your account and must promptly notify Firecrown of any actual or suspected unauthorized access, misuse, credential compromise, or security breach.
(d) Corporate Use by Individual Subscriber. If you subscribe using a company email address or on behalf of an employer, the subscription still remains limited to the specific authorized individual user unless otherwise expressly agreed by Firecrown in writing.
5. License Grant
Subject to your compliance with these Market Monitor Terms and payment of all applicable fees, Firecrown grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Product solely for your internal business purposes in connection with evaluating freight markets, trends, and related commercial activity.
No ownership rights are transferred to you. The Product is licensed, not sold.
6. Ownership; Proprietary Rights
The Product, including all software, interfaces, dashboards, visualizations, data compilations, chart designs, text, functionality, branding, and all freight-market data and derivative displays made available through the Product, is owned by Firecrown, its licensors, or its upstream data providers and is protected by copyright, trademark, trade secret, and other applicable laws.
Without limiting the foregoing, underlying data made available through the Product may be licensed from third parties, including FreightWaves Inc. d/b/a SONAR, and your rights are limited accordingly. You acquire no right, title, or interest in or to the Product or any underlying data other than the limited access rights expressly granted under these Market Monitor Terms.
Except for the limited rights expressly granted in these Market Monitor Terms, Firecrown and its licensors reserve all right, title, and interest in and to the Product and all related data, content, and materials.
7. Permitted Limited Sharing of Standard Dashboard Content
Subject to your continued compliance with these Market Monitor Terms, Firecrown permits limited external sharing of certain standard dashboard content from the Product as follows:
- you may share occasional screenshots, cropped images, or limited excerpts of standard charts, graphs, tables, or dashboard views from the Product;
- you may include such limited excerpts in presentations, emails, internal company briefings, customer discussions, board materials, and posts on social media platforms;
- any such sharing must be limited in scope, frequency, and amount and must not serve as a substitute for a paid subscription to the Product or enable any third party to access, reconstruct, compile, or infer a material portion of the Product or the underlying data made available through it;
- any shared screenshot or excerpt must remain materially unaltered as to the underlying displayed data, except for ordinary resizing, cropping, layout formatting, or the addition of narrative commentary that does not misstate the data; provided, however, that no watermark, logo, source identifier, copyright notice, or other proprietary legend appearing on the original chart, graph, table, or dashboard view may be removed, obscured, altered, or cropped out to the extent present in the shared content;
- any shared screenshot or excerpt must include visible attribution to “Market Monitor” and, where reasonably practicable based on format, “Source: Market Monitor by FreightWaves, data licensed from SONAR” or substantially similar attribution designated by Firecrown from time to time; for the avoidance of doubt, any existing watermark or source marking embedded in the shared content must be preserved; and
- such sharing must not violate applicable law, infringe any third-party rights, or misrepresent the source, timing, scope, or meaning of the data.
- for the avoidance of doubt, the limited sharing permission in this Section 7 does not permit systematic posting, serial republication, recurring public dissemination, or any pattern of sharing that reasonably could substitute for direct subscription access to the Product.
8. Prohibited Redistribution and Abuse
Notwithstanding Section 7, you may not, and may not permit any third party to:
- reproduce, republish, repost, transmit, distribute, sell, sublicense, lease, timeshare, display, or otherwise disseminate the Product or any portion of the Product on a systematic, large-scale, commercial, or recurring basis;
- use the Product or any output, content, screenshot, excerpt, or data derived from the Product to create, power, train, fine-tune, ground, validate, support, or supply any competing product, index, benchmark, database, analytics offering, newsletter, alert service, AI model, AI training corpus, retrieval system, automated decision tool, or other market intelligence service;
- scrape, harvest, extract, capture, download, export, or store Product content on a bulk, automated, repeated, or systematic basis;
- compile, aggregate, archive, or build a historical database of Product data outside the ordinary limited functionality expressly provided within the Product;
- repackage or redisplay Product data in a manner that allows any third party to access substantially all or any material portion of the Product without a subscription;
- publish screenshots, excerpts, summaries, or commentary in a quantity, cadence, or format that substitutes for the Product, impairs Firecrown’s or its licensors’ commercial interests, or permits others to avoid subscribing;
- remove, obscure, or alter copyright notices, trademarks, attribution language, legends, or source identifiers;
- modify, translate, adapt, reverse engineer, decompile, disassemble, deanonymize or create derivative works from the Product, except to the limited extent such restriction is prohibited by applicable law;
- use bots, crawlers, scripts, automation tools, or other technical means to access, query, monitor, or copy the Product;
- use the Product or any output from it for unlawful, misleading, fraudulent, defamatory, or deceptive purposes;
- use the Product for securities trading, regulated advice, rate-setting, price signaling, collusion, or any other use that would create legal or regulatory exposure for Firecrown or its licensors; or
- access the Product for the purpose of benchmarking, monitoring availability, or gathering data for use in litigation, competitive intelligence, or vendor evaluation, except as expressly permitted in writing by Firecrown.
- use the Product or any portion of it for text and data mining, machine learning, model training, model evaluation, prompt input at scale, automated extraction, or other automated analytical processing except as expressly permitted by Firecrown in writing.
9. Premium Research Content; Strict No-Sharing Rule
Premium Research Content is subject to stricter use restrictions than standard dashboard content.
Unless Firecrown expressly authorizes otherwise in writing, you may not copy, download, print, distribute, forward, transmit, repost, publish, share externally, share on social media, upload to shared drives, circulate internally or externally, disseminate to customers or colleagues, or otherwise redistribute any Premium Research Content, in whole or in part, in any format.
Premium Research Content may be viewed only by the authorized subscriber through the Product for that subscriber’s own internal reference use and may not be shared with any other person, including coworkers, affiliates, clients, or customers, except as expressly authorized in writing by Firecrown. Firecrown may disable or limit downloading, printing, copy-and-paste functionality, exports, or other extraction features for Premium Research Content in its discretion.
10. Internal Business Use Only; No Reliance for Critical Decisions
The Product is provided for informational purposes and general business insight only. The Product does not constitute legal advice, financial advice, investment advice, brokerage advice, accounting advice, or other professional advice. You are solely responsible for how you interpret and use Product outputs.
You acknowledge that freight-market data may be delayed, corrected, estimated, incomplete, restated, subject to methodology changes, or unavailable at times. You agree not to rely on the Product as the sole basis for any material business, legal, financial, operational, or commercial decision.
11. Usage Limits and Technical Controls
Firecrown may impose reasonable technical, volume, rate, storage, display, device, concurrency, export, or other usage limits in connection with the Product. Firecrown may monitor usage for billing, security, compliance, product integrity, fraud prevention, license enforcement, and service improvement purposes, subject to Firecrown’s Privacy Policy.
Firecrown may suspend, throttle, restrict, or terminate access if it reasonably believes that you are exceeding permitted use, compromising security, violating these Market Monitor Terms, or creating risk for Firecrown or its licensors.
12. User Data; Privacy
In connection with subscriptions and account administration, Firecrown may collect registration information, contact details, billing information, payment-related information, usage data, support communications, and other personal information. Such collection, use, disclosure, retention, and protection of personal information are governed by Firecrown’s Privacy Policy. Firecrown’s Privacy Policy states that Firecrown collects billing and credit card information for transactions, may use collected information to process transactions and operate services, and may share information with service providers and payment processors as necessary.
You consent to Firecrown’s processing of your information in accordance with the Privacy Policy, including use of third-party vendors for payment processing, subscription administration, hosting, analytics, communications, support, and related business operations. Firecrown’s Privacy Policy is available at the Privacy Policy URL referenced above.
Firecrown may maintain electronic records evidencing your acceptance of these Market Monitor Terms, and you agree that such records will be admissible and binding to the same extent as a written signed agreement.
13. Feedback
If you provide suggestions, ideas, enhancement requests, comments, or other feedback relating to the Product, Firecrown may use that feedback without restriction or compensation to you, provided Firecrown will not publicly identify you as the source without your consent unless required by law.
14. Third-Party Providers
The Product may incorporate or depend upon content, technology, software, services, data, or infrastructure provided by third parties, including licensors, payment processors, and hosting or subscription-management vendors. Firecrown is not responsible for outages, errors, interruptions, or changes caused by third-party providers, except to the extent non-disclaimable under applicable law.
15. Changes to Product
Firecrown may modify, update, suspend, discontinue, or remove any feature, functionality, data source, chart, methodology, metric, display, add-on, or portion of the Product at any time. Firecrown does not guarantee that any specific feature, data set, or functionality will remain available during any subscription term.
16. Termination and Suspension
Firecrown may suspend or terminate your access immediately, with or without notice, if:
- you breach these Market Monitor Terms, the Terms of Use, or the Privacy Policy;
- you fail to pay amounts when due;
- Firecrown reasonably believes your use creates security, legal, reputational, or licensing risk;
- Firecrown is required or reasonably determines it is necessary to do so in order to comply with an upstream licensor requirement, data provider restriction, legal obligation, or protection of proprietary data rights;
- Firecrown discontinues the Product.
Upon expiration, cancellation, suspension, or termination, your right to access and use the Product immediately ends. Sections that by their nature should survive will survive, including payment obligations accrued before termination, ownership, restrictions on use, disclaimers, limitation of liability, indemnity, dispute provisions, and enforcement rights.
17. Injunctive Relief
You acknowledge that unauthorized use, disclosure, redistribution, or misuse of the Product or any underlying data may cause irreparable harm to Firecrown and its licensors for which monetary damages may be inadequate. Accordingly, Firecrown may seek injunctive or equitable relief, in addition to any other remedies available at law or in equity, to enforce these Market Monitor Terms.
18. Disclaimer of Warranties
THE PRODUCT, INCLUDING ALL DATA, CONTENT, VISUALIZATIONS, ANALYTICS, CHARTS, RESEARCH, AND RELATED MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRECROWN AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, PERFORMANCE, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, FIRECROWN DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, COMPLETE, OR FREE OF DEFECTS, OR THAT ANY DATA OR OUTPUT WILL BE ACCURATE, CURRENT, COMPLETE, OR FIT FOR YOUR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, DATA AND OTHER MATERIALS SUPPLIED BY LICENSORS OR OTHER THIRD-PARTY SOURCES MAY BE DELAYED, INCOMPLETE, CORRECTED, MODIFIED, SUSPENDED, OR WITHDRAWN WITHOUT NOTICE, AND FIRECROWN SHALL HAVE NO LIABILITY ARISING FROM ANY SUCH EVENT.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRECROWN, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE PRODUCT OR THESE MARKET MONITOR TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF FIRECROWN, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE PRODUCT OR THESE MARKET MONITOR TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO FIRECROWN FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Indemnity
You will defend, indemnify, and hold harmless Firecrown, its affiliates, licensors, service providers, and each of their respective officers, directors, employees, and agents from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- your access to or use of the Product;
- your breach of these Market Monitor Terms;
- your violation of applicable law or third-party rights;
- your redistribution, republication, or misuse of Product content; or
- any content, commentary, presentation, or publication created by you using or referring to the Product.
21. Compliance With Laws
You will comply with all applicable laws, rules, and regulations in connection with your access to and use of the Product, including laws relating to intellectual property, data privacy, unfair competition, advertising, communications, and export controls.
22. Modifications to These Market Monitor Terms
Firecrown may revise these Market Monitor Terms from time to time in its discretion. Updated terms will become effective when posted or otherwise communicated to you, except where applicable law requires additional notice. Your continued use of the Product after the effective date of revised terms constitutes acceptance of the revised terms.
23. Governing Law; Venue
These Market Monitor Terms and any dispute arising out of or relating to the Product or these Market Monitor Terms will be governed by the laws of the State of Tennessee, without regard to conflict-of-law rules.
Any action or proceeding arising out of or relating to these Market Monitor Terms or the Product shall be brought exclusively in the state or federal courts located in Hamilton County, Tennessee, and you consent to the personal jurisdiction of those courts.
24. Entire Agreement; Order of Precedence
These Market Monitor Terms, together with Firecrown’s Terms of Use, Privacy Policy, and any applicable order page, subscription page, or pricing terms presented at the time of purchase, constitute the entire agreement between you and Firecrown regarding the Product.
If there is a conflict among those documents, the order of precedence is:
- any signed written agreement between you and Firecrown concerning the Product;
- these Market Monitor Terms;
- the applicable order page or subscription page;
- Firecrown’s Terms of Use; and
- Firecrown’s Privacy Policy.
25. Contact Information
Questions regarding the Product or these Market Monitor Terms may be directed to:
Firecrown Media, Inc.
Attn.: Legal Department
405 Cherry Street
Chattanooga, TN 37402
Email inquiries to: marketmonitor@freightwaves.com