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
You retain ownership of any content you upload to our platform. By uploading content, you represent and warrant that you have the necessary rights and permissions to do so.

2.2 Company Rights
We reserve the right to:

  • Remove or delete archived or unused content as part of regular maintenance.
  • Migrate data between servers or systems as necessary for operational purposes.
  • Delete content that violates these Terms without prior notice.

2.3 Compliance Responsibility
You are solely responsible for ensuring the legality, accuracy, and appropriateness of your uploaded content. We disclaim all liability for damages, including patient harm, medication errors, or legal disputes arising from your content.

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 at least 48 hours in advance.

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

3.4 Refunds for Extended Downtime
Refunds may be issued at our discretion for service interruptions lasting longer than seven (7) consecutive days. No refunds are guaranteed for shorter interruptions.

4. Subscription Plans and Billing

4.1 Subscription Terms
Plans are billed through our payment provider on a monthly or yearly. Plans are prepaid and non-refundable.

4.2 Trial Period
We offer a 7-day free trial to new customers. This is limited to one trial per organization. This is in part to ensure that there is sufficient time to generate the customers site and the customer isn’t being paid for such down time.

4.3 Plan Modifications

  • Mid-cycle upgrades or downgrades to your billing plan will be prorated.

4.4 Non-Refundable Payments
Payments are non-refundable except for discretionary refunds related to extended downtime.

4.5 Pricing Changes
We reserve the right to modify subscription pricing. Customers will be notified of price changes at least thirty (30) days in advance.

5. Account Termination

5.1 Termination for Non-Payment
Accounts with unpaid invoices will be suspended after 30 days. Data will remain accessible for an additional 30 days, after which it will be permanently deleted (60 days total).

5.2 Termination for Breach
Accounts terminated for breach of these Terms will have 30 days to access and remove data before permanent deletion.

5.3 No Liability for Data Loss
We are not responsible for data loss due to termination for non-payment or breach of Terms.

6. Support and Communication

6.1 Support Availability
Support is provided via email. We may, at our discretion, offer phone support to new customers for a limited time.

6.2 Customer Notifications
You agree to receive notifications, including changes to these Terms, via the email address associated with your account.

7. Intellectual Property

7.1 Company’s Intellectual Property
All content, designs, trademarks, logos, and software associated with our services are the exclusive property of the Company. Unauthorized use, reproduction, or modification is prohibited.

7.2 Customer Obligations
You agree not to:

  • Reverse-engineer, copy, or distribute our intellectual property.
  • Attempt to gain unauthorized access to our systems or data.
  • Use our platform for purposes other than those expressly permitted by these Terms.

8. Liability and Indemnification

8.1 Limitation of Liability
Our liability is limited to the amount you have paid in the three (3) months preceding the claim. We are not liable for indirect, incidental, or consequential damages, including loss of data, profits, or revenue.

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

  • Acts of God, including natural disasters (hurricanes, earthquakes, etc.).
  • Infrastructure failures from third-party providers (e.g., hosting providers, ISPs).

8.3 Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or legal actions arising from:

  • Your use of the service.
  • Content you upload.
  • Violations 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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