TERMS OF SERVICE

Terms and Conditions

Effective Date: December 1, 2024
Welcome to Swift EMS Solutions (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our services, including hosting medical protocols, patient care guidelines, and related content for EMS entities, municipalities, and states.

By accessing or using our services, you agree to these Terms. If you do not agree, discontinue use of the services.

1. Scope of Services

1.1 Description of Services
We provide hosting services for medical protocols, patient care guidelines, documents, policies, procedures, and medication formularies.

1.2 Prohibited Uses
You may not use our services to:

  • Host personal files, patient information, or data protected under the Health Insurance Portability and Accountability Act (HIPAA).
  • Upload copyrighted materials without authorization.
  • Engage in any illegal or unauthorized activities.

1.3 Content Responsibility
You are responsible for ensuring:

  • Your hosted content complies with applicable laws and regulations.
  • Access to your website is restricted to authorized users using roles and authentication, including two-factor authentication (2FA) when available.
    Breaches or data loss due to failure to use 2FA or similar security measures is solely your responsibility.

1.4 Termination for Misuse
We reserve the right to terminate accounts for any misuse, violation of these Terms, or actions deemed harmful to our business or other customers.

2. Customer Data and Content Ownership

2.1 Ownership of Content
Organizational customers retain ownership of all content, data, and materials uploaded to or managed within the online service. The mobile application does not host original customer content; it only provides authorized access to data stored within the organization’s account. By uploading or maintaining content through the online service, the customer represents and warrants that they have the necessary rights and permissions to do so.

2.2 Company Rights
We reserve the right to:

  • Remove or restrict access to data that violates these Terms, applicable law, or organizational agreements.
  • Migrate, replicate, or back up data between servers or systems as necessary for operational integrity and service continuity.
  • Retain anonymized or aggregated usage information to improve system reliability, analytics, and performance.
  • Protect and enforce our own intellectual property rights, including all code, designs, and infrastructure supporting the mobile application and online service.

2.3 Protection of Customer Intellectual Property
We take reasonable administrative, technical, and organizational measures to safeguard customer intellectual property and confidential information. We do not claim ownership of customer data or materials and use such content solely as necessary to provide, maintain, and improve the services. Access to customer data through the mobile application is subject to the organization’s authorization and active subscription.

2.4 Compliance Responsibility
Customers are solely responsible for ensuring the legality, accuracy, and appropriateness of any content or data associated with their account. The Company disclaims all liability for damages, including but not limited to patient harm, medication errors, or legal disputes arising from such content or data.

2.5 Data Deletion
Customer data is retained and deleted in accordance with the organization’s agreement and our Privacy Policy. Upon termination of an organization’s account or upon verified request by an authorized representative, all associated data will be securely deleted from active systems within a commercially reasonable timeframe, subject to any applicable legal retention requirements. Residual copies may persist in system backups for a limited period before being permanently purged.

3. Service Availability and Maintenance

3.1 No Guarantee of Uptime
We provide our services on an “as-is” and “as-available” basis. No guarantees are made regarding uptime, and we disclaim liability for interruptions. Our service is subject to the availability of our cloud hosting provider to which your content is uploaded. We have chosen a well known and reputable provider and use multiple backup strategies to ensure your data is readily available.

3.2 Scheduled Maintenance
Planned maintenance will be communicated via email to customer representatives at least 48 hours in advance.

3.3 Unscheduled Downtime
We will notify customer representatives via email as soon as reasonably possible of any unexpected downtime or service interruptions.

4. Subscription Plans and Billing

4.1 Subscription Terms
The mobile application is provided free of charge. Subscription billing applies only to organizational customers who maintain a paid account for the companion online service. All subscription fees are handled directly between the organization and our payment provider. Individual app users are not charged for use of the mobile application.

4.2 Trial Period
We may offer a free trial period to new organizational customers of the online service. Trials are limited to one per organization. This allows adequate time for initial setup of the customer’s site and ensures fair use of system resources.

4.3 Non-Refundable Payments
Payment terms, refunds, and related billing conditions are governed by the individual customer’s subscription agreement with us.

4.4 Pricing Changes
Pricing, billing schedules, and related adjustments are governed by the individual customer’s subscription agreement with us. For clarity, these agreements apply only to the online service, not to the mobile application itself.

4.5 Prohibited Charging
Organizational customers may not charge employees, contractors, or other users for access to their subscribed account data or documents within the mobile application. The companion app must remain free for all authorized users.

5. Account Termination

5.1 Termination of Access
We reserve the right to suspend or terminate access to the mobile application for any user who violates these Terms or engages in misuse of the service. Such actions may include, but are not limited to, unauthorized data access, interference with other users, or attempts to circumvent security controls.

5.2 Linked Account Access
Access to data within the mobile application is dependent on the user’s linked organizational account. If an organization’s subscription to the online service is suspended or terminated, affected users may lose access to associated data through the mobile application.

5.3 No Liability for Data Loss
We are not responsible for loss of access or data resulting from account suspension, termination, or changes in an organization’s subscription status. Users should coordinate with their organization to ensure continued access where applicable.

6. Support and Communication

6.1 Support Availability
No direct support is provided for users of the mobile application. Support is available only to organizational customers of the companion online service, as defined in their respective customer agreements. However, mobile app users may submit a support ticket through the support link provided on the relevant app store listing. Responses and resolutions for such submissions are not guaranteed.

6.2 Customer Notifications
Mobile app users do not receive direct notifications from us. Any service-related notifications, updates, or communications are provided solely to organizational customers in accordance with their customer agreements.

7. Intellectual Property

7.1 Company’s Intellectual Property
All content, designs, trademarks, logos, software, and related technology associated with the mobile application and companion online service are the exclusive property of the Company. Unauthorized use, reproduction, or modification is strictly prohibited. The Company retains all rights, title, and interest in and to its intellectual property, whether registered or unregistered.

7.2 Customer and Organizational Intellectual Property
Content, data, and materials uploaded, created, or maintained by an organizational customer within the online service remain the intellectual property of that customer. We do not claim ownership of such materials and will use them only as necessary to operate, maintain, and improve our services. We take reasonable measures to safeguard customer intellectual property and confidential data in accordance with our Privacy Policy and applicable agreements.

7.3 Customer Obligations
You agree not to:

  • Reverse-engineer, copy, or distribute our intellectual property.
  • Attempt to gain unauthorized access to our systems, data, or other users’ content.
  • Use the mobile application or online service for any purpose other than those expressly permitted by these Terms or your organization’s agreement.
  • Infringe upon the intellectual property rights of other customers or third parties while using the services.

8. Liability and Indemnification

8.1 Limitation of Liability
The mobile application is provided free of charge and on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied. The Company’s liability, if any, to organizational customers is governed solely by their individual customer agreements. For all other users, the Company shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of data, profits, or revenue, arising out of or in connection with the use of the mobile application.

8.2 Acts of God and Third-Party Providers
We are not liable for any failures, interruptions, or delays in service caused by:

  • Acts of God, including natural disasters (hurricanes, earthquakes, etc.).
  • Infrastructure failures, outages, or disruptions from third-party providers (e.g., hosting services, ISPs, app store platforms).

8.3 Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, employees, and agents from any claims, damages, or legal actions arising from:

  • Your use or misuse of the mobile application.
  • Any content you transmit, store, or otherwise make available through the mobile application.
  • Any violation of these Terms or applicable laws.

9. Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, war, labor disputes, pandemics, or failures of third-party service providers.

10. Acceptable Use Policy (AUP)

10.1 Prohibited Activities
You may not:

  • Use the service for illegal or fraudulent purposes.
  • Host malware, phishing sites, or fraudulent content.
  • Engage in activities that harm our infrastructure or other users.

10.2 Enforcement
We reserve the right to suspend or terminate accounts for violations of this policy.

11. Notices

11.1 Notices to the Company
Notices must be sent to

30 North Gould Street
#33845
Sheridan, WY, 82801
USA

or via email to admin @swiftprotocols.com.

11.2 Notices to Customers
We will send notices to the email address associated with your account.

12. Governing Law and Arbitration

12.1 Mandatory Arbitration
All disputes will be resolved through binding arbitration in the State of Texas under the rules of the American Arbitration Association (AAA). By agreeing to these Terms, you waive your right to a trial by jury or participation in class action lawsuits.

12.2 Governing Law
These Terms are governed by the laws of the State of Texas.

13. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time. If a core feature is removed, we will notify customers 30 days in advance.

14. Entire Agreement

These Terms constitute the entire agreement between you and the Company, superseding all prior agreements. If any provision is found unenforceable, the remaining provisions remain in effect.

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