End user license agreement (EULA)

End user license agreement (EULA)

End user license agreement (EULA)

1. Introduction

This End User License Agreement (“EULA”) constitutes a legal agreement between you (“User” or “you”) and AidLink, LLC (“Company”, “we”, “us”, or “our”) governing your use of the AidLink application (“App”). The App is designed to provide location-based information relevant to emergency services operations, aiming to enhance public awareness and support emergency services personnel by offering supplementary information, including real-time ambulance locations and non-personal dispatch information.

By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, you are not authorized to use the App in any manner.

Definitions:

  • “Location-based Services” refers to the App’s functionality that utilizes the geographical location of the User to provide relevant information.

  • “Emergency Services Personnel” includes, but is not limited to, firefighters, emergency medical technicians (EMTs), and other first responders.

  • “Personal Information” means any information that can be used, either alone or in combination with other information, to identify an individual.

2. License Grant

Subject to the terms of this EULA, the Company hereby grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on your personal device solely for your personal, non-commercial use. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

Restrictions:

  • You shall not copy, modify, distribute, sell, or lease any part of the App, nor may you reverse engineer or attempt to extract the source code of the App, unless laws prohibit these restrictions or you have our written permission.

  • You agree not to use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App in any manner.

  • Unauthorized use of the App and/or any breach of this EULA may result in immediate termination of the license granted herein.

3. Location-Based Services and Use of Information

The App utilizes location-based APIs to provide information relevant to emergency services operations. This includes, but is not limited to, the provision of real-time locations of ambulances and the dispatch information related to emergency services. It is crucial to understand that the App does not facilitate the direct reporting of emergencies by individuals to emergency services or authorities (“Reporting Parties”).

Disclaimer:

  • The App is not intended to serve as a tool for the official routing of emergency personnel or as a primary source for emergency reporting. While the App may assist Emergency Services Personnel for easier routing based on the available information, its use is intended as a supplementary tool only.

  • The Company expressly disclaims any affiliation with public safety answering points (PSAPs), emergency services departments, or any government entities. The App aims to enrich existing systems and processes utilized by emergency services personnel without serving as a replacement or official channel for emergency communications.

  • Users are advised that reliance on the App for emergency services routing or reporting is at their own risk. The App is not designed, nor intended, to replace official channels of emergency reporting or the professional judgment of Emergency Services Personnel.

By using the App, you acknowledge and agree to the limitations of the Location-based Services and the use of information as described herein. You further agree to abide by all applicable laws and regulations in your use of the App, including, but not limited to, those related to emergency services and location-based services.

4. Privacy and Data Protection

The Company is committed to protecting the privacy and security of its users. This section outlines our practices regarding the collection, use, and protection of your Personal Information and other data in connection with the App.

  1. Data Collection: The App collects certain information automatically, including, but not limited to, the geographical location of your device, and, if applicable, your email address when you register for access to certain features of the App. The collection of this information is essential for providing Location-based Services and other functionalities of the App.

  2. Use of Information: The information collected by the App is used to provide, maintain, and improve the services offered through the App; to enhance user experience; and to ensure the App’s functionality. Your email address, when provided, is used to verify your affiliation with approved emergency services departments or for communication purposes related to the App.

  3. Data Protection: The Company employs reasonable security measures to protect against the unauthorized access, alteration, disclosure, or destruction of Personal Information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee its absolute security.

  4. Data Sharing: The Company does not sell, trade, or rent Personal Information to third parties. We may share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.

  5. User Rights: Users have the right to access, correct, or delete their Personal Information maintained by the App. If you wish to exercise these rights, please contact us as specified in the “Contact Information” section of this EULA.

By using the App, you consent to the collection, use, and sharing of your information as described in this section. The Company will take all reasonable steps to ensure that your data is treated securely and in accordance with this EULA.

5. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

THE COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE APP OR $50 (WHICHEVER IS LESS).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

7. User Responsibilities

  1. Compliance with Laws: You agree to use the App in compliance with all applicable laws, including, but not limited to, laws related to emergency services, privacy, data protection, and location-based services. You acknowledge that the App is not intended for use as a primary tool for emergency response or in any situation where failure of the App could lead to death, personal injury, or severe physical or environmental damage.

  2. Prohibited Uses: You are prohibited from using the App to:

    • Report emergencies directly to emergency services or authorities.

    • Misrepresent your affiliation with any emergency services, public safety answering points (PSAPs), or government entities.

    • Engage in any activity that interferes with or disrupts the App (or the servers and networks which are connected to the App).

    • Reproduce, duplicate, copy, sell, trade, or resell the App for any purpose without express written permission from the Company.

  3. Acknowledgment of Limitations: You acknowledge that the App is a supplementary tool designed to provide additional information to emergency services personnel and the general public. You agree not to rely solely on the App for any emergency services navigation, decision-making, or communications. You further acknowledge that the App does not replace the need for using official communication channels and protocols established by emergency services and authorities.

8. Emergency Services Disclaimer

The Company expressly disclaims any representation that the App is suitable for use in emergency or critical situations where failure of the App could result in harm or damage. The App is not affiliated with, endorsed by, or in any way officially connected with any public safety answering points (PSAPs), emergency services departments, or any government entities. The information provided by the App, including location-based data, is intended for informational purposes only and should not be used as a basis for emergency response or critical decision-making.

By using the App, you understand and agree that:

  • The App is not designed to, and does not, facilitate the direct reporting of emergencies to authorities.

  • The App should not be used as the sole tool for navigation or coordination by emergency services personnel.

  • Reliance on the information provided by the App for making critical decisions is at your own risk.

The Company encourages all users to adhere to local laws and regulations and to utilize official channels for emergency reporting and response.

9. Termination

The Company reserves the right to terminate your access to the App at any time, without notice, for any reason, including but not limited to, breach of this EULA. Upon termination, your right to use the App will immediately cease. If you wish to terminate this EULA, you may simply discontinue using the App. All provisions of this EULA that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Miscellaneous

  1. Governing Law: This EULA shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.

  2. Dispute Resolution: Any dispute arising out of or related to your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as otherwise agreed by the parties or as described in the Arbitration Agreement below.

  3. Severability: If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect.

  4. No Waiver: The failure of the Company to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

  5. Amendments: The Company reserves the right to amend this EULA at any time and without notice. Your continued use of the App after any amendment signifies your agreement to the changes.

  6. Contact Information: For any questions, concerns, or complaints regarding the App, please contact the Company via email at support@aidlink.com.

  1. Governing Law: This EULA shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.

  2. Dispute Resolution: Any dispute arising out of or related to your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as otherwise agreed by the parties or as described in the Arbitration Agreement below.

  3. Severability: If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect.

  4. No Waiver: The failure of the Company to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

  5. Amendments: The Company reserves the right to amend this EULA at any time and without notice. Your continued use of the App after any amendment signifies your agreement to the changes.

  6. Contact Information: For any questions, concerns, or complaints regarding the App, please contact the Company at support@aidlink.com.

This EULA, together with any amendments and any additional agreements you may enter into with the Company in connection with the App, shall constitute the entire agreement between you and the Company concerning the App. If you have any questions regarding this EULA or your use of the App, please contact the Company at the provided contact information.

Updated on February 21, 2024

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