Terms of Service

    Last updated: December 13, 2025

    Important Notice for Emergency Responders

    EMAssistant is a supplementary tool designed to assist trained emergency responders. It is NOT a substitute for official emergency protocols, dispatch systems, 911/emergency services, or professional judgment. In emergencies, always follow your agency's established procedures and contact appropriate emergency services directly. Do not rely solely on this application for life-safety decisions.

    1. Acceptance of Terms

    By accessing or using EMAssistant's website, web application, or mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

    These Terms constitute a legally binding agreement between you and EMAssistant ("EMAssistant," "we," "us," or "our"). We may update these Terms from time to time. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

    2. Description of Services

    EMAssistant provides emergency management software tools including:

    • ICS (Incident Command System) form creation and management
    • Incident tracking and documentation
    • Personnel management and activity logging
    • Team coordination and communication tools
    • Certification and training record management
    • Mobile applications for field use (FRAssistant)

    Our Services are designed to supplement, not replace, existing emergency management systems and procedures.

    3. Account Registration

    To access certain features, you must create an account. You agree to:

    • Provide accurate, current, and complete information
    • Maintain the security of your account credentials
    • Promptly update your information if it changes
    • Accept responsibility for all activities under your account
    • Notify us immediately of any unauthorized access

    You must be at least 18 years old or have the consent of a parent or guardian to create an account. Accounts are for individual use only and may not be shared.

    4. Organization Membership

    Our Services allow you to join organizations (fire departments, EMS agencies, etc.). When you join an organization:

    • Organization administrators may view your profile, activity, and ICS form data
    • You agree to follow the organization's policies and procedures
    • The organization may remove you from membership at their discretion
    • You may belong to multiple organizations simultaneously

    Your relationship with each organization is separate from your relationship with EMAssistant. We are not responsible for actions taken by organization administrators.

    5. Acceptable Use

    You agree NOT to use our Services to:

    • Violate any applicable laws or regulations
    • Impersonate any person or entity
    • Submit false, misleading, or fraudulent information
    • Interfere with or disrupt the Services or servers
    • Attempt to gain unauthorized access to any systems
    • Transmit malware, viruses, or other harmful code
    • Harass, abuse, or harm other users
    • Use the Services for any purpose other than emergency management
    • Create false emergency reports or incident data
    • Share your account credentials with others

    We reserve the right to suspend or terminate accounts that violate these terms.

    6. User Content

    You retain ownership of content you create through our Services ("User Content"), including ICS forms, incident reports, activity logs, and uploaded files. By submitting User Content, you grant us a non-exclusive, royalty-free license to:

    • Store, process, and display your content to provide the Services
    • Share content with your organization as necessary for operations
    • Create anonymized, aggregated data for research and improvement
    • Backup and archive content for data protection

    You are responsible for ensuring you have the right to submit any content and that it does not violate the rights of others.

    7. Intellectual Property

    The Services, including all software, designs, text, graphics, and other content provided by EMAssistant, are protected by copyright, trademark, and other intellectual property laws. You may not:

    • Copy, modify, or distribute our software or content
    • Reverse engineer or decompile our applications
    • Remove any copyright or proprietary notices
    • Use our trademarks without written permission

    ICS forms and NIMS/ICS concepts are in the public domain as U.S. government works. Our implementation and additional features are proprietary.

    8. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    We do not warrant that:

    • The Services will be uninterrupted or error-free
    • The Services will meet your specific requirements
    • The data or content will be accurate or reliable
    • Any defects will be corrected
    • The Services will be available at any particular time or location

    Emergency management inherently involves rapidly changing conditions. Data displayed in our Services may become outdated. Always verify critical information through official channels.

    9. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, EM ASSISTANT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

    • Your use or inability to use the Services
    • Any unauthorized access to or alteration of your data
    • Any interruption or cessation of the Services
    • Any bugs, viruses, or other harmful code
    • Any errors or omissions in content or data
    • Any actions taken based on information from the Services
    • Any decisions made during emergency response

    IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.

    10. Indemnification

    You agree to indemnify, defend, and hold harmless EMAssistant and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

    • Your use of the Services
    • Your violation of these Terms
    • Your violation of any rights of others
    • Your User Content

    11. Service Availability

    We strive to maintain high availability but do not guarantee uninterrupted service. We may:

    • Perform scheduled maintenance with advance notice when possible
    • Temporarily suspend services for emergency maintenance
    • Modify or discontinue features with reasonable notice
    • Limit access during periods of high demand

    Our mobile applications include offline functionality for critical operations. However, some features require internet connectivity.

    12. Account Termination

    You may terminate your account at any time by using the account deletion feature in the app or at emassistant.com/account/delete.

    We may suspend or terminate your account if you:

    • Violate these Terms
    • Engage in fraudulent or illegal activity
    • Fail to pay applicable fees
    • At our sole discretion for any reason with notice

    Upon termination, your right to use the Services ends. Data retention after termination is governed by our Privacy Policy.

    13. Governing Law

    These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

    14. Dispute Resolution

    Before filing any legal claim, you agree to try to resolve the dispute informally by contacting us. If we cannot resolve the dispute within 30 days, either party may proceed with formal legal proceedings.

    You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

    15. General Provisions

    • Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and EMAssistant.
    • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
    • Waiver: Our failure to enforce any right does not waive future enforcement.
    • Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.
    • Force Majeure: We are not liable for failures caused by circumstances beyond our reasonable control.

    16. Changes to Terms

    We may modify these Terms at any time. We will provide notice of material changes by posting on our website or sending you an email. Changes are effective when posted unless otherwise specified. Your continued use of the Services after changes are posted constitutes acceptance of the new Terms.

    17. Contact Us

    If you have questions about these Terms, please contact us through our Contact page.