Terms of Service
- emsOS helps agencies manage their operations. It is not a dispatch system or a medical device, and it never replaces your training, protocols or medical direction.
- Your agency owns its data. We just keep it safe and run the software.
- Use emsOS lawfully and respectfully, and keep your login to yourself.
- These terms are governed by New Jersey law.
Contents
- Agreeing to these terms
- The Services
- Accounts
- Agency responsibilities
- Acceptable use
- Not for clinical or dispatch decisions
- AI-assisted features
- Your content and data
- Fees
- Third-party services
- Our intellectual property
- Mobile app store terms
- Suspension and termination
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law and disputes
- Changes to these terms
- General
- Contact us
1. Agreeing to these terms
These Terms of Service ("Terms") are an agreement between you and Danny Ackerman, doing business as emsOS ("emsOS", "we", "us"). They apply to the emsOS web portal, the emsOS mobile app and emsos.app (together, the "Services"). By using the Services, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Services.
If you accept these Terms on behalf of an EMS agency or other organization (an "Agency"), you confirm you're authorized to bind it, and "you" includes the Agency. If an Agency has signed a separate written agreement with us, that agreement controls where it conflicts with these Terms.
2. The Services
emsOS provides tools for running an EMS agency, including member records, certifications and reminders, documents, calendars and sign-ups, meetings and voting, expense reports and related finance tools, and reference information. Agencies choose which features to use. We may add, change or remove features over time; if we remove a feature your Agency pays for in a way that materially reduces the Services, we'll give reasonable advance notice.
We work hard to keep emsOS available, but it may occasionally be unavailable for maintenance, updates or reasons beyond our control.
3. Accounts
- Individual accounts are created and managed by an Agency. Your Agency decides your permissions and may change or deactivate your account.
- Keep your password and devices secure, don't share your login, and tell us or your Agency right away if you think your account has been compromised.
- You're responsible for activity under your account, except where it results from our failure to meet our security obligations.
- You must be at least 13 years old to use the Services, and old enough to join your Agency under its rules and applicable law.
4. Agency responsibilities
Each Agency is responsible for:
- the information it and its members put into emsOS, and having the rights, notices and consents needed to do so;
- setting permissions appropriately and removing access for people who leave;
- complying with laws that apply to it, including privacy, records-retention, open-meetings and health-information laws. An Agency subject to HIPAA must contact us before storing protected health information in emsOS so that appropriate agreements can be put in place; and
- the accuracy of the reference content it adds, such as protocols, hospital information, and phone numbers.
5. Acceptable use
You agree not to:
- use the Services for anything unlawful, harassing, discriminatory or deceptive;
- access information you aren't authorized to see, or help someone else do so;
- upload malware, or probe, scan, overload or disrupt the Services or their security, except through a coordinated disclosure with us;
- scrape, copy or resell the Services, or reverse engineer them except where the law allows despite this restriction;
- tamper with a vote, election or sign-up, or impersonate another person; or
- use the Services to send spam or unsolicited messages.
6. Not for clinical or dispatch decisions
emsOS is administrative and reference software. It is not a medical device, an electronic patient care record, a computer-aided dispatch system, or a substitute for professional training, judgment, local protocols or on-line medical control.
- Reference content such as protocols, hospital details, door codes and phone numbers is provided by your Agency or its sources and may be incomplete or out of date. Always follow your current official protocols and medical direction.
- Maps and directions are aids only. Addresses and routes can be wrong and conditions change. Drivers must follow traffic laws, their Agency's policies and their own judgment, and should never interact with a device in a way that is unsafe while driving.
- Tools like the contractions timer are for convenience and do not provide medical advice.
- Live information, such as vehicle status from a tracking integration, may lag behind reality. Don't rely on it in place of your dispatch system or radio.
7. AI-assisted features
Some features use AI to read receipts and certification cards or to answer questions from your Agency's documents. AI output can be inaccurate or incomplete. You're responsible for reviewing it before relying on it or saving it, and the source documents always control. See our Privacy Policy for how information is handled in these features.
8. Your content and data
As between you and us, the Agency owns the data it and its members put into emsOS ("Agency Data"). You grant us a limited license to host, copy, process, transmit and display Agency Data only as needed to provide, secure and support the Services, and as described in our Privacy Policy. We don't sell Agency Data.
We may use aggregated, de-identified information about how the Services are used (for example, which features are popular) to operate and improve emsOS, as long as it doesn't identify any Agency or person.
An Agency can export its data while it's a customer and for 30 days after its subscription ends; after that we delete it as our Privacy Policy describes.
If you send us feedback or suggestions, we may use them without obligation to you.
9. Fees
Agencies pay the fees in their order, quote or subscription with us. Unless that document says otherwise, fees are billed in advance, are non-refundable except where the law requires, and don't include taxes. If an invoice goes unpaid for more than 30 days after we give notice, we may suspend the Agency's access until it's paid. The mobile app is free to download for members of subscribing Agencies.
10. Third-party services
emsOS can connect with services we don't control, such as Google sign-in, accounting software, donation platforms, maps and messaging providers. Your use of those services is governed by their terms, and we aren't responsible for them. If a third party changes or discontinues its service, the related emsOS feature may change or stop working.
11. Our intellectual property
The Services, including the software, design, logos and the emsOS name, belong to us or our licensors and are protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your Agency's internal purposes. We reserve all rights not expressly granted.
12. Mobile app store terms
If you download the emsOS app from the Apple App Store or Google Play, you must also follow that store's terms of use. For the iOS app:
- These Terms are between you and emsOS only, not Apple. emsOS, not Apple, is responsible for the app and its content.
- Your license to use the app is limited to Apple-branded devices you own or control, as permitted by the App Store's Usage Rules.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app.
- emsOS, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer-protection or privacy claims.
- If a third party claims the app infringes its intellectual property, emsOS, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
- You confirm you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Suspension and termination
You can stop using the Services at any time. Agencies can end their subscription as their order or subscription describes. We may suspend or end access if you seriously or repeatedly break these Terms, if needed to protect the Services or other users, or if the law requires it. Where reasonable, we'll give notice first and a chance to fix the problem. Sections that by their nature should survive termination (including 6, 8, 14, 15, 16 and 17) will survive.
14. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available". We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, error-free, or that information in them (including reference content, maps and AI output) will be accurate or complete.
15. Limitation of liability
To the fullest extent permitted by law, emsOS will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Services or these Terms, even if we were told they were possible.
Our total liability for all claims relating to the Services or these Terms is limited to the greater of (a) the amount the Agency paid us for the Services in the 12 months before the event giving rise to the claim, or (b) US $100.
Some jurisdictions don't allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that can't be limited by law, such as for fraud or willful misconduct.
16. Indemnification
Each Agency will defend and indemnify emsOS against third-party claims arising from Agency Data, the Agency's or its members' use of the Services in violation of these Terms or the law, or the Agency's reference content, and will pay resulting damages and reasonable costs finally awarded or agreed in settlement.
17. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute that can't be resolved informally will be brought exclusively in the state or federal courts located in Bergen County, New Jersey, and you and we consent to their jurisdiction. Before filing a claim, please contact us at info@emsos.app so we can try to resolve it; most concerns can be settled quickly that way.
18. Changes to these terms
We may update these Terms from time to time. We'll post the new version here with a new "Last updated" date, and for material changes we'll give Agencies at least 30 days' notice. If you keep using the Services after changes take effect, you accept the updated Terms.
19. General
These Terms, together with the Privacy Policy and any order or agreement with your Agency, are the entire agreement about the Services. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of the business. Neither party is responsible for delays caused by events beyond its reasonable control.
20. Contact us
emsOS (Danny Ackerman, d/b/a emsOS)
New Jersey, USA
info@emsos.app