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WINDNFIRE: TERMS OF USE AND PRIVACY POLICY

Revised as of "03" October 2021

The present Terms of Use and Privacy Policy constitute a standard form contract - a public offer agreement. All its terms and conditions are the same for all users, regardless of their status and legal form.
The Terms of Use and Privacy Policy apply to the receipt of services, access to and use of the https://windnfire.com/ Website and/or mobile application and all other products and services of Windnfire (hereinafter referred to as the Services, Service, Application, App, Website https://windnfire.com/, "we", "us", "our").
Any further use of the Website and/or the App or any part thereof, including receipt of services, shall mean that you have read and understood the Terms of Use and the Privacy Policy and agree to comply with all Sections of the Terms of Use and the Privacy Policy.

Changes to the Terms of Use.

The provisions of these Terms of Use and the Privacy Policy are subject to change. We will publish the revised Privacy Policy and the Terms of Use on this page each time we make changes to it and indicate the date of the new revision. Any changes in the present Terms and Conditions and the Privacy Policy shall be effective immediately upon publication. Your continued use of the Service after changes have been made to the present Terms and Conditions and the Privacy Policy shall constitute your acceptance of such changes. If you do not wish to agree to any changes to the present Terms and Conditions and the Privacy Policy, you should immediately stop using the Service. The present Terms and Conditions and the Privacy Policy will also govern any updates or new versions of the Website or App that may replace and/or supplement the original App or the Website. If an update or new version is not accompanied by the Terms and Conditions and the Privacy Policy, the present Terms and Conditions and the Privacy Policy shall prevail.

Terms and Definitions.

Services mean promotion of a company and/or a product and/or a page in social networks, complex of actions for using social services as channels for promotion of a company and/or a product and/or a page and solution of other business tasks, with or without involvement of third parties (Influencer).
User is any natural or legal person using the Services on the Website https://windnfire.com/ or in the App.
Customer is an adult individual or entity who has expressed a desire to receive Windnfire services and has signed a supplemental agreement.
Contractor is any person or entity, including those registered as an entrepreneur, who has entered into a service agreement with Windnfire for the end Customer that Windnfire is acting for.
Social network is a platform, online service and website designed to build, reflect and organize social relationships on the Internet.
Promotion of a page in a social network is a set of measures for the use of social services as channels for the promotion of companies and other business tasks, in accordance with the list of services specified in the Agreement.
Influencer is a third-party user (blogger) whose posts can have a noticeable impact on subscribers and/or other users.
Digital currencies are encrypted or digital tokens or cryptocurrencies of a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Administrator - Windnfire s.r.o, RN 07248687, Dubicka 923/29, Ceska Lipa, CZ.
Administration is the Administrator's employees who manage the Website https://windnfire.com/, perform technical, organizational and other functions to ensure the functioning of the services of the Website https://windnfire.com/, as well as provide information, consulting and other support to the Website https://windnfire.com/.

General Terms

(a) Windnfire shall provide mediation services in accordance with the agreement concluded between the Customer and Windnfire, to the extent specified in the Annex to the respective agreement.
(b) Windnfire is not a direct contractor, but only acts as a intermediary between the Customer and a specific contractor and/or a third party. However, in some cases Windnfire may act as a direct contractor, which will be explicitly stated in the relevant agreement.
(c) While performing the services, the Contractor can register/create accounts in the relevant social networks and services. Such accounts shall not be transferred by the Contractor to the Customer after the completion of services. If the Customer wishes to access the accounts created by the Contractor, the Customer must notify Windnfire in advance. The conditions for the transfer of such accounts shall be governed by an agreement concluded between the Customer and Windnfire.
(d) While providing services, there is a need to register and pay the appropriate bills (targeting, etc.). In most cases, the balance remaining in such accounts is non-refundable. If the Customer wishes to make a refund of the balance of such funds, the Customer must notify Windnfire, which will be reflected in the Agreement. In any case, the return of the balance is carried out within a period of 2 weeks to 6 months, depending on the particular Bank or payment service that provides the appropriate services.
(e) The final results of the promotion and/or the economic effect mentioned and/or stated in the Agreement and/or in the commercial offer are only approximate. Their achievement is possible only in a set of rendered services, subject to further support of the relevant services and after the expiration of 1-2 months from the date of completion of a particular project.
(f) As Windnfire is not a direct executor but only an intermediary between the Customer and a specific Contractor and/or a third party, and the provision of services by each Contractor is governed by the internal rules of such Contractor, Windnfire shall not be financially or legally responsible for actions or inactions of third parties (Influencer, blogger, opinion leader, mass media resource, etc.) resulting in delays in the execution of the project, inaccurate and/or inconsistent information published by them, including information that, in the Customer's opinion, is untrue and/or defamatory. However, Windnfire will assist (including legally) the Customer in correcting and/or removing information that the Customer believes to be harmful.
(g) The Contractor shall have the right to use any implementation, design, publication of the content at their discretion, unless otherwise stipulated in the Agreement.
(h) The Customer should provide Windnfire with all necessary materials (text, photo and video materials and other content) for posting in accordance with the Terms of Reference. If necessary, the Customer should make adjustments or redesign materials at Windnfire's request and not make any changes to the content or URL of the page without Windnfire's approval throughout the term of the Agreement.
(i) Notify Windnfire in advance of actions affecting promotion, such as: cooperation with other promotional contractors, online advertising, etc., throughout the term of the Agreement.
(j) If the Customer makes any changes at the project stage that result in further rework on the part of the Contractor, Windnfire shall have the right to increase the cost of the services previously fixed in the Agreement, but not exceeding 30% of the total cost of the particular service.
(k) All additional and not previously contractually agreed upon tasks and services shall be paid for by the Customer separately, on the basis of separately issued invoices.
(l) In case the Customer pays for the services in Cryptocurrency, Windnfire shall have the right not to provide reporting documents (bank statements, invoices, etc.) about the further movement of such funds to third parties.
(m) The Customer who does not request the non-disclosure of confidential information of his/her project, which should be reflected in the respective agreement, shall accept that Windnfire will have the right to use the Customer's completed projects in their social networks, public performances, on its website.
(n) Windnfire does not provide refunds for previously received contractual funds from the Customer
(o) The Сustomer shall have the right to receive a written report on the progress and results of the services if they notify Windnfire in advance. The period of such notification must be at least 10 days. The deadline for receiving a written report shall be up to 30 days.
(p) The Customer shall not be entitled to use or refer to the name "Windnfire" as well as related persons, unless Windnfire has agreed in writing to such reference.

Prohibited Use.

You agree not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly related to the Website or the App.
You agree not to interfere with the servers or networks underlying or connected to this Website or the App or violate any procedures, policies or rules of the networks connected to the Website or the App.
You agree not to rent, sublicense, translate, merge, adapt or modify the Windnfire App or any related documentation, use the Windnfire App only for personal purposes (if you are a consumer) or for internal business purposes, (if you are a business).
You agree not to permit any third party to copy, adapt, re-engineer, decompile, disassemble, modify or bug fix the Windnfire App in whole or in part, reverse engineer or create derivative works based on all or any part of the Windnfire App and/or the Website, or attempt to do any such thing. The App and the Website may contain certain third-party software, plug-ins or application interfaces (collectively referred to as the "Third-Party Software") that require separate Terms of Agreement.
You agree not to impersonate or attempt to impersonate Windnfire, the Windnfire service, any Windnfire employee, other user or any other person or entity (including but not limited to the use of email addresses or aliases associated with any of the foregoing).
You agree not to send or cause to be sent any promotional or marketing material without our prior written consent, including any "junk mail," "chain letters," "spam," or any other similar requests.
You agree not to use the services for the purpose of manipulating the market.

Intellectual Property Rights.

All programs, data, trademarks, intellectual property, including copyright, and other objects used on the Website or in the App shall constitute the intellectual property of its rightful owners and shall be protected by intellectual property laws, as well as relevant international treaties and conventions. Any unauthorized use of the Website or its Apps (symbols, text, graphics, software or any other object), other than those expressly permitted in this Document, is unlawful and may result in legal action and civil, administrative or criminal penalties under applicable law. If you own a trademark and/or other intellectual property rights, and believe that materials on the Website or in the App infringe your rights, please email us at:
info@windnfire.com

In your request, please provide the following information:
identify yourself (name, address for correspondence, email);
describe the nature of the infringement of intellectual property rights and identify the relevant intellectual property object on the Website or in the App.

Reliance on Published Information.

Information provided on the Website https://windnfire.com/ or through it shall be also provided in the App, solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. You rely on such information solely at your own risk. We disclaim all responsibility and liability arising out of any use of such materials by you or any other visitor to the Website and/or App, or any person who may be informed of their contents.

Links to Websites and Social Media Features.

You may link to our Website, provided you are doing so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or endorsement on our part without our express written consent. If the websites contain links to other sites and resources provided by third parties, such links are provided for your convenience only. This includes links contained in ads, including banner ads and sponsored links. We do not control the contents of those sites or resources, and we are not responsible for them or for any loss or damage that may result from their use by you. If you decide to access any of the third-party websites linked to this Website, you shall act solely at your own risk and in accordance with the terms of use of such websites.

Limitation of Liability.

Windnfire will make all reasonable efforts for the proper functioning of the Website https://windnfire.com/ and the App, but will not be liable to the User or third parties for direct and/or indirect damages, including loss of profits or lost data, damage to honor, dignity or goodwill incurred in connection with the use of the Website https://windnfire.com/ or the App, or inability to use them, or unauthorized access to the User's communications by third parties, or inability to receive services, in particular the following cases:
a) in the presence of technological failures of public communication channels, or loss Internet connection - until troubleshooting or restoring access, respectively;
b) in the presence of unauthorized access to the User's account - for the duration of such circumstances;
c) if the security of the equipment (personal computer, smartphone) used by the User for receiving services on the Website https://windnfire.com/ (access to the Account) is violated or the equipment is faulty.
Windnfire shall not be liable for any damages incurred by the User as a result of the User not having read or having untimely read the terms and conditions set out herein. The User agrees that provisions on limitation of liability set forth above reflect an intelligent and fair risk allocation. For the avoidance of any misinterpretation of the provisions on limitation of liability, the parties expressly note that the User will not be denied any legal rights or rights arising out of the contractual relationship between the User and Windnfire. The Parties shall not be liable for any delay and/or partial or complete failure to perform their obligations under this Agreement if such failure is due to force majeure circumstances (Force Majeure) which are beyond the control of the Parties and which cannot be overcome by reasonable means.

Geographical Limitations.

Administrator of the Website https://windnfire.com/ is located in the EU. We do not declare in any way that the Website or any content is accessible or appropriate outside of the EU. Access to the Website https://windnfire.com/ may be illegal for certain individuals or in certain countries. If you visit the Website https://windnfire.com/ from outside the EU, then this will happen on your own initiative and you shall be responsible for compliance with local laws.

Compensation.

You agree to indemnify and hold Windnfire, its affiliates, licensors and service providers, as well as its officers, directors, employees, contractors, agents, successors and assignees, harmless from any claims and liabilities, damages, judgments, costs, expenses or fees (including reasonable attorney's fees) arising from or related to your violation of the present Terms of Use or any use by you of the Website https://windnfire.com/, including but not limited to any use of the content, services or product other than those expressly permitted in the present Terms of Use.

Governing Law and Jurisdiction.

All matters relating to the Website https://windnfire.com/ and the present Terms of Use as well as any dispute or claim arising out of or related to them (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the Czech Republic, without giving effect to any choice, or provision, or rule of conflict of laws.
Any legal action or proceeding arising out of the present Terms of Use or the Website https://windnfire.com/ or its affiliates shall be brought exclusively in the Czech Republic, although we reserve the right to bring any legal action, or initiate legal proceedings against you for violations of the present Terms of Use in your country of residence or any other relevant country. You waive any objection to the exercise of jurisdiction over you by such courts and to the trial in such courts.

Other Provisions.

Using the App while driving

Always drive carefully and in accordance with road conditions and applicable traffic laws. Any direct interaction with the App is prohibited while driving. If you want to interact with the App while driving, you must first stop your vehicle properly, in a legal way, and in the right place. You acknowledge to be responsible for compliance with all applicable laws when you use the App in any way while driving, and for the use of the App in any way while driving at your own risk. WINDNFIRE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE, INCLUDING ACCIDENT, INJURY OR OTHER DAMAGES RELATED TO THE USE OF THE APP WHILE DRIVING.

Details.

Windnfire Privacy Policy and Personal Data Processing Policy

Revised as of "03" October 2021

The present Privacy Policy describes how Windnfire (hereinafter referred to as the "Company" or "we", "us") uses and shares Information collected by us or provided by you while visiting the Website located at: https://windnfire.com/ or on the Windnfire App).
The owner of the personal data shall be Windnfire s.r.o, RN 07248687, Dubicka 923/29, Ceska Lipa, CZ.
The present Privacy Policy also explains your rights and options regarding your Personal Data and the way you can contact us to make changes to your Personal Data or to get answers to questions you may have about our privacy practices. The provisions of this Privacy Policy may be changed in the future. We will publish the revised Privacy Policy on this page each time we make changes to it and indicate the date of the new revision.
Please read the provisions of this Privacy Policy carefully and contact us by email specified herein if you have any questions. By using the Website and/or the App, by receiving services on the Website https://windnfire.com/ or by checking the appropriate box (for example, by clicking on "agree"), you agree to all of the terms of this Privacy Policy, confirm to be familiar with the terms set forth herein and give us your free and explicit consent to use your Personal Information in accordance with the terms of this Privacy Policy.

TERMS AND DEFINITIONS

Owner of personal data is a legal entity that determines the purpose of processing personal data, establishes the composition of these data and procedures for their processing, unless otherwise defined by law.
Personal data is information or a set of information about a natural person who is or can be specifically identified.
Non-personal data is information and data that, in and of itself, can not directly identify a specific person.
Information is both personal and non-personal data.
User means a natural person accessing, using, and/or placing an order for the relevant services on https://windnfire.com/ Website and/or the App.
Processing means any actions with personal data, including but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deletion, clarification, update and/or change, depersonalization and other use of personal data, carried out by the Company.

1. GENERAL PROVISIONS

We process your Personal Data solely to fulfill your order, request, order and provide necessary information on the status of its execution, register for an account, participate in company promotional activities, as well as when you contact customer support, and when sign up for our newsletters, participate in surveys or leave feedback about our services.
The information provided by you shall be confidential and shall not be disclosed to third parties, except as necessary to fulfill your order, request, application, as well as in other cases provided by law.
The provisions of this Privacy Policy shall apply only to the Website and/or the Windnfire App. The Company shall not control and shall not be responsible for any third-party sites to which the User may access through the links available on the Website.
Please note that the Company shall not verify the accuracy of the information provided by the User.Please note that the Company shall not verify the accuracy of the information provided by the User.
Your information is processed from the moment you log in and start using the Website, as well as from the moment the Company receives your personal data sent by e-mail, through the Website, or provided through other means of communication.

2. INFORMATION WE MAY COLLECT OR RECEIVE

The Company collects and uses only those personal data of users that are necessary for fulfilling their service order, and/or registering on the Website and/or in the Application, in order to create an account. For the User, such data includes the first name, last name, and email address.
Other information may be provided by the user at the user's sole discretion (unless such information is required to enable performance of the agreement or its provision is required by law).
In addition, we use "cookies" for collecting additional data about the Website usage and to improve the Website and the quality of our services.
Cookies are small files that the Website, network software services, or service providers place on your device through your web browser (if you allow them to do so), which allows the Website or service providers to recognize your browser and store and remember certain information.
By using cookies, we can process Information such as:
Device data: hardware model, unique device identifiers, MAC address, IP address, operating system version, and device settings;
Information from Log Files: Time and duration of the Website use, search queries, location information, and any other information stored in Cookies that uniquely identifies your browser or account;
Other data: data about your use of the Website that we may process if you visit or use third-party websites or applications to contact us; data about the way you interact with content on the Website and/or in the App.
We use cookies for many important things - for example, to help you log in and to improve your experience of using our Website and/or App or Services. We may use Cookies so that we can better understand how you interact with the Website and/or the App, track the total number of users of the Website and/or the App and the routing of Web traffic on the Website and/or the App, and improve the Website and/or the App and our services to understand your preferences based on previous or current activity on the Website and/or the App, which enables us to provide you with the highest quality services.
We do not collect and ask you not to provide us with any Information for the processing of which certain restrictions and requirements are established by Law, namely, information about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, criminal convictions or suspicion of committing crimes in criminal cases, as well as data related to health, sexual life, biometric and genetic data.

3. HOW WE CAN USE PERSONAL DATA

The Information collected by us as described above can be used for the following purposes:
Contractual relations.
We may process your Personal Data in order to fulfill our contractual obligations - to transfer information about you to Service Providers, to process your order, application, or instruction.
Requests and other communications.
If you contacted us through our contact forms and/or by email/phone, we may process the Information you provided to us in order to be able to respond to your question, complaint or request.
Marketing.
We may use the Information received from you (for example, your email address) for marketing purposes. For example, by subscribing to our newsletter, you can receive publications and announcements directly to your email. We can send you promotional materials about our services, promotional offers that we think you may be interested in.
You can unsubscribe from receiving our marketing emails (either in whole or in part) by clicking on the "unsubscribe" link in the emails you receive from us. You may also contact us at any time to cancel your subscription by sending us an email to the email address listed in this Privacy Policy.
We may also use the Information obtained through Cookies for the purpose of conducting marketing research, analyzing the characteristics of the Website users, evaluating the effectiveness of our marketing communications and adapting to existing trends, planning our future marketing campaigns, business analytics, personalization of services and communications.

Protection of our interests, security.

We may use your personal information when we believe it is necessary to take steps to prevent potential liability, to investigate and protect the company from any third party claims or allegations, to investigate and protect the company from fraud, to protect the security or integrity of the Website and/or the App and to protect the property rights of our company, users and/or partners.

Compliance with legal requirements.

We may also use/disclose your Information collected by us for the compliance with legal requirements, industry standards and our policies. We may disclose Your Information in situations that, in our opinion: (1) are emergencies involving a potential threat to the physical safety of any person or property, if we believe that your Information is in any way related to such a threat; (2) are related to illegal or inappropriate, in our opinion, use of the Website, App and/or Services.

Information processing includes:

Collection, accumulation, storage, adaptation, verification, modification, restoration, use, depersonalization, destruction of personal data, including using information (automated) systems. Personal data may be collected orally, in writing and/or electronically, by means of requests or by the provision of the necessary information and documents by you independently. Personal data is collected and stored in written and/or electronic form.

4. HOW WE CAN TRANSFER PERSONAL DATA

We pay special attention to the confidentiality and protection of your personal data. The information provided by you shall be confidential and shall not be disclosed to third parties, except as necessary to fulfill or provide services, as well as in other cases provided by law.
The User agrees that the Company has the right to transfer users' personal data to Suppliers - solely for the purpose of performing the relevant service.
We may disclose your Personal Information if it is required by law or in order to comply with a legal obligation or if we believe that such action is necessary to: investigate, respond to and defend against claims; if it is necessary in legal proceedings (including subpoena) to protect the rights and property of the Company or third parties; to prevent potential liability; for public safety or the safety of individuals; to prevent or stop any illegal, unethical, fraudulent, offensive and other activities that may lead to negative legal consequences; for the integrity and security of the Website and/or Application, our services, any equipment, used in the operation of the Website and/or Application when providing services; to comply with the requirements of current legislation.

5. HOW WE STORE AND PROTECT YOUR PERSONAL DATA

Protection of your personal data is extremely important to us, so we take all necessary steps for that. We store users' personal data in a secure environment. Your Personal Data is protected from unauthorized access, disclosure, use, modification or destruction.
The Company monitors the security measures taken on an ongoing basis.
We will retain your Personal Data for as long as it is necessary to provide you with access to the Website and/or to fulfill our legal obligations (fulfilling your orders and services, tax and financial reporting), as well as for dispute resolution and compliance with our policy.
The retention period is determined by the type of Information collected, and the purpose for which it was collected, depending on the situation and the need to remove obsolete or unnecessary Information as soon as possible.
When you stop using the Website and/or App and our services by deleting your account on the Website and/or App, your Personal Data is also automatically deleted (unless we are required to retain such data to comply with obligations under applicable law).

6. YOUR RIGHTS

Regarding your personal data, you have the right to:
-at any time, contact the owner of personal data with any questions and complaints about the processing of personal data, as well as ask whether your personal data is being processed and ask about the content of such personal data;
-free access to your personal data;
-at any time, ask the owner of personal data to cancel or restrict the processing of personal data, as well as to request changes to personal data if they are inaccurate or have lost relevance;
-at any time, request the owner of personal data to delete personal data to the extent that they are no longer needed to achieve the goals specified in this notification or other purposes for which the owner needs to continue data processing, or when the owner of personal data has no longer the legal right to process data;
-revoke your consent to the processing of personal data at any time;
-file complaints about the processing of personal data;
-know about the sources of collection, the location of personal data, the purpose of its processing, the location of the owner or manager of personal data, or give appropriate instructions to obtain such information by persons authorized by them, except in cases prescribed by law;
-receive information about the terms of access to personal data, including information about third parties to whom personal data is transferred;
-make a reasoned request to the owner objecting to the processing of your personal data;
-to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, as well as to protect against the provision of information that is unreliable or discrediting the honor, dignity and business reputation of an individual;
-apply legal remedies in the event of a breach of legislation on personal data protection;
-make reservations about the restriction of the right to process your personal data during the provision of your consent;
-know the procedure for automatic processing of personal data;
-protect against an automated solution resulting in legal consequences for you.
If you would like to exercise any of the above rights or receive additional information, please contact us using the details listed below in this Privacy Policy.
However, please note that the above rights are not absolute and may be somewhat limited by regulatory requirements and our legitimate interests.
In order to respond to your request, we must identify you so that your Information is not provided to an unauthorized person.
The Company must provide you with information about the actions taken in connection with your request within ten days from the date of receipt of your request. The deadline for providing a final response to your request is up to 30 days from the date of receipt of the request. However, for third parties, when responding to a request, the deadline may be extended up to 45 days from the date of receipt of the request.
If you find out that someone has unlawfully provided us with your Personal Data, please let us know as soon as possible using the contact details specified in this Privacy Policy. Upon your request, we will delete your Personal Data as soon as possible, but in any case no later than one month from the date of receipt of your request. We will keep only such copies of the Information as may be necessary for us in order to comply with the legal requirements for such cases.
As well, you can change (update, supplement, delete) the Personal Data provided by you in full or in part at any time through your account (if you are a registered User of the Website and/or the App) or by contacting us with a corresponding request.

7. CHILDREN

We understand the importance of additional measures that should be taken to protect the privacy and safety of children using the Website. Children under the age of 18 are not allowed to use our Website and/or App and receive our services unless their parents have given their consent to this, which must be supported by appropriate evidence. We do not purposefully collect Personal Data of children under the age of 18. If we find out that we have received Personal Data of a child under the age of 18, except for the above circumstances, we will take all necessary measures to delete such Information as soon as possible, except when we are obliged to store such data in order to comply with legal requirements.

8. UPDATING THIS PRIVACY POLICY

Every time we amend this Privacy Policy, a new version will be available on the Website and in the App, with a notice "Revised as of... ".
You can access the revised Privacy Policy from the day it takes effect, so you have time to decide whether to continue using the Website and to raise objections to changes in the way your personal data are processed. A draft new Privacy Policy may be published in advance.

9. RIGHTS OF THIRD PARTIES

In order to ensure its obligations to users, the Company may transmit User data to Providers and vice versa, but only to the extent necessary to perform the relevant services, which are carried out on the Website and/or in the App.

10. QUESTIONS AND COMPLAINTS

Should you have any questions, concerns or complaints about our methods of collecting and processing your Personal Data, or if you have any suggestions or questions about this Privacy Policy, please contact us:

11. HOW TO CONTACT US

Our contact details:
Email:
 info@windnfire.com