Vital ICE Terms of Use

Please read these terms of use carefully prior to using the Vital ICE App (App). By clicking ‘I Agree’ from within the Vital ICE App, you are agreeing to be bound by these Terms of Use (TOU), all applicable laws and regulations, and agree that you are responsible for compliance with all applicable laws and regulations. If you do not agree to these TOU, please exit the App now and uninstall the APP from your device. The materials contained in this App are protected by applicable copyright and trademark law.

These TOU constitute a legal agreement between you and Vitalboards, LLC (Company) stating the terms and conditions that govern your use of the App.

Company reserves the right to amend these TOU at its sole discretion, without prior notice to you, by amending them on www.vitalboards.com, and these TOU shall be combined with any additional conditions found there.

By clicking ‘I Agree’ from within the App, you agree additionally to the following:

You understand that Company provides a platform for you to record your vital personal or health information and, if applicable, that of your dependents (Vital Information), as well as supporting documentation; information which is solely controlled by you as the user the App. You understand and agree that you are solely responsible for the accuracy of all Vital Information you provide in connection with your use of the App.

You understand that the purpose of the App is to provide EMS personnel and/or other first responders with access to the Vital Information in an emergency situation. You consent to such access and understand that the EMS personnel and/or other first responders may at their sole discretion transfer Vital Information to other medical personnel.

You understand that any Vital Information entered into the App must be maintained to the best of your ability and updated as information changes. Accuracy of any information and/or supporting documentation shall remain your sole responsibility. You agree to hold Company and/or EMS personnel and other first responders harmless from any and all negative direct/indirect effects in any situation resulting from inaccurate or incomplete Vital Information found on the App.

Company does not guaranty, represent or warrant that your use of the App will be uninterrupted or error-free. Company does not guaranty, represent or warrant that your information will be free from loss, corruption, attack, interference, hacking, viruses or other security intrusion or breach, and Company specifically disclaims any and all liability related thereto. You agree that Company shall not be responsible for the use or transmission of any Vital Information to or by any EMS personnel and other first responders, and specifically release Company, its owners, employees, agents, developers, officers, directors, and representatives from any and all direct, indirect, consequential, incidental, and punitive liability and/or damages related to any such use or transmission.

You understand that Company shall not be held responsible for the unauthorized distribution or confidentiality of the Vital Information that you (or someone else using your device) voluntarily enters into the App database if your phone or other device is lost or stolen or hacked or in any way accessed or compromised by a third party. You specifically release Company, its owners, employees, agents, developers, officers, directors, and representatives from any and all direct, indirect, consequential, incidental, and punitive liability and/or damages related to the unauthorized distribution of the Vital Information.

You understand that when the “Backup Data” functionality is activated, you are consenting to the transmission of all Vital Information within the App to your Dropbox.com account (when activated), where it will be stored using Dropbox.com cloud storage. You are personally responsible for protecting the security and confidentiality of the credentials used to access your Dropbox.com account (when activated), and are fully and solely responsible for all activities that occur under your password(s) or username by you or anyone else.

You understand Company will not view, compile or maintain Vital Information through the use of the App until such time as the information is sent and/or uploaded to another party or entity, process of which would be solely initiated by you or possibly EMS or other emergency personnel in an emergency situation.

You understand that when the “Email My Info” functionality is activated, you are consenting to and will be sending all of the Vital Information within the App to the selected recipient, which may include your GPS coordinates on a map (GPS must be enabled on mobile device). Company has several security measures in place to protect the Vital Information as it is being transmitted, which is periodically reviewed and updated when needed, however this does not guarantee absolute security. You understand that transmitting your data electronically may not be 100% secure.

You understand that Company takes certain precautions to provide a level of security appropriate to the sensitivity of information transmitted. However, you also understand that Company cannot guarantee the security of information provided through the App and that you are personally responsible for protecting the security and confidentiality of the physical device on which you view your Vital Information though the App. You must take reasonable steps to ensure the data contained within the App is secured and kept confidential to the best of your ability from others that may access the device(s) on which it is installed.

You understand that Company cannot be held responsible for the unauthorized distribution of the Vital Information that you voluntarily enter into the App database if your phone or other device is lost or stolen or hacked or in any way accessed or compromised by a third party. You specifically release Company and its owners, employees, agents, developers, officers, directors, and representatives from any and all direct, indirect, consequential, incidental, and punitive liability and/or damages related to the unauthorized distribution of that information.

You understand that implementing a password and/or fingerprint lock on your device may prohibit EMS personnel and other first responders from accessing your vital information in an emergency situation. If you want this feature to work on your device you understand that you will have to disable the password and/or fingerprint at feature on your device.

You understand that when consulting the ‘First Aid’ section for advice on basic first aid, this should be used as a secondary source of information. The ‘First Aid’ section is not a substitute for medical advice. EMS personnel and other first responders, or medical staff on hand at the time of the emergency should take precedence over the details in this section. You understand that you should first dial 911 (or if not available in your area, call the appropriate emergency number) and follow the instructions provided to you by emergency personnel. You agree to hold Company, its owners, employees, agents, developers, officers, directors, and representatives from any and all direct, indirect, consequential, incidental, and punitive liability and/or damages related to the use of this App, and hold harmless for any injury, condition, medical issue, or disorder, up to and including death, of you and/or any other individual(s) accessing the First Aid section or receiving First Aid, when procedures for First Aid treatment are utilized directly or in part from information from this section or elsewhere in the App.

By using the App, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you at any point do not think they are reasonable, you will discontinue your use of the App and you will uninstall the App immediately. Company reserves the right to modify these TOU at any time, and such modifications shall be effective immediately upon posting the modified TOU. You agree to review the TOU periodically to be aware of such modifications by visiting www.vitalboards.com. Your accessing or using the App constitutes your acceptance of the TOU as they appear at the time of your access or use, as well as all future revised TOU.

You are hereby releasing Company, its owners, employees, agents, developers, officers, directors, and representatives from any and all direct, indirect, consequential, incidental, and punitive liability and/or damages related to your use of the App.

You agree that you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the App.

Company and its subsidiaries are committed to respecting and protecting your privacy. Please read the following to learn more about our Privacy Policy.

Company will not rent, sell, or share personal information that has been entered into the App with other people or companies.

Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide service for the App. These may be located at destinations outside the United States. Company uses commercially reasonable physical and technical safeguards to secure your data. Company encrypts the communication channels, however, cannot guarantee the security of your data, which may be compromised by unauthorized entry or use, hardware or software failure, and other factors.

No sensitive user data will be retained by company longer than necessary to transfer said data to identified email or SMS accounts listed by user, the transfer of which can only be initiated by user.

Changes to this Privacy Policy

Company reserves the right to alter this privacy policy at any time and will notify you of any alterations with reasonable notice through the service, such as by posting it on our website (www.vitalboards.com), by email, or otherwise. If you do not agree to the altered privacy policy, you may stop using the App.