1. Acceptance of Terms
By accessing or using the MayDay-IC mobile incident command system (the "Service") provided by Blue Beard Solutions Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
2. Eligibility
The Service is intended for use by authorized emergency personnel aged 18 years or older. By using the Service, you represent and warrant that:
- You are at least 18 years of age.
- You are an authorized emergency responder, incident commander, hospital professional, government official, insurance adjuster, or other authorized user affiliated with a registered agency or organization.
- You have the authority to bind your agency or organization to these Terms.
- Your use complies with all applicable laws and regulations.
3. Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials and access codes.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
- Ensuring that the information you provide is accurate, current, and complete.
- Complying with your agency's policies regarding the use of technology systems.
4. Subscription and Billing
The Service is offered on a subscription basis. Payment is processed securely through Stripe.
- Billing Cycle: Subscriptions are billed monthly or annually, as selected at the time of purchase.
- Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date.
- Refund Policy: Prorated refunds are available within 30 days of the initial subscription or renewal. After 30 days, no refunds will be issued for the current billing period.
- Price Changes: We may change subscription prices with at least 30 days' notice before the next billing cycle.
5. Intellectual Property Rights
The Service, including its software, design, documentation, and all related intellectual property, is owned by Blue Beard Solutions Inc. and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
6. Acceptable Use
You agree to use the Service only for its intended purpose of emergency incident management. You shall not:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to any part of the Service or its systems.
- Reverse engineer, decompile, or disassemble the Service.
- Use the Service to transmit malicious code, spam, or harmful content.
- Share, sell, or transfer your account credentials to unauthorized parties.
- Use the Service in a manner that could disable, damage, or impair the Service.
- Access or use PHI (Protected Health Information) beyond what is necessary for your authorized role.
- Use the Service for commercial purposes unrelated to emergency management.
7. AI Disclaimers
AI-generated content is advisory only. MayDay-IC uses artificial intelligence to provide triage recommendations, incident analysis, and advisory content. These AI-generated outputs are decision-support tools and must never be used as the sole basis for medical treatment, operational decisions, or resource allocation. All AI recommendations require human review and validation by qualified emergency personnel. The Company is not liable for decisions made based on AI-generated recommendations.
8. Emergency Use Limitations
The Service is not a substitute for emergency services. MayDay-IC is a coordination and management tool designed to assist emergency personnel. It does not replace 911, emergency dispatch systems, medical devices, or professional medical judgment. The Service may experience downtime, connectivity issues, or other interruptions. Always have backup communication and coordination plans in place. The Service operates on a best-effort basis and cannot guarantee real-time performance in all conditions.
9. NIMS/ICS Compatibility Disclaimer
MayDay-IC is designed to be compatible with the National Incident Management System (NIMS) and the Incident Command System (ICS) frameworks. MayDay-IC is not certified, endorsed, or approved by FEMA, the Department of Homeland Security, or any other government agency. Use of NIMS/ICS terminology and structures within the Service does not imply official certification or compliance with any specific government standard.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE BEARD SOLUTIONS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF REVENUE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
12. Indemnification
You agree to indemnify, defend, and hold harmless Blue Beard Solutions Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights.
13. Dispute Resolution and Arbitration
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted on an individual basis only.
Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction.
14. Electronic Communications (E-SIGN/UETA)
By using the Service, you consent to conducting transactions and receiving communications electronically pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and the Uniform Electronic Transactions Act (UETA). You agree that:
- Electronic signatures, records, and communications satisfy any legal requirement for written documents or signatures.
- You have the hardware and software necessary to access and retain electronic records.
- You consent to receiving notices, disclosures, agreements, and other communications electronically.
- You may withdraw your consent to electronic communications by contacting us, which may result in termination of your access to the Service.
- You are responsible for maintaining a valid email address for receiving electronic communications.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Florida.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, power failures, internet outages, or other force majeure events.
18. Modifications
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or in-app notification. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
19. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or any other reason at our discretion, with or without notice. Upon termination:
- Your license to use the Service is immediately revoked.
- You must cease all use of the Service.
- We may retain your data as required by law (e.g., HIPAA retention requirements).
- You may request a data export within 30 days of termination.
- Provisions that by their nature should survive termination shall survive, including limitation of liability, indemnification, and arbitration.
20. Contact Information
For questions about these Terms of Service:
Email: info@maydayic.com
Blue Beard Solutions Inc.