Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and [Legal Entity Name] ("VitaPing", "we", "us", or "our") governing your access to and use of the VitaPing emergency identity infrastructure platform and related services.

By:

• Registering for VitaPing emergency identity services
• Using a VitaPing wearable device
• Accessing the VitaPing platform as an authorised responder
• Visiting our website or using our services in any capacity

You agree to be bound by these Terms and our Privacy Policy.

2. Definitions

For the purposes of these Terms:

• "Platform" means the VitaPing emergency identity infrastructure system, including hardware devices, software, cloud services, and related components.
• "User" means any individual registered to use VitaPing emergency identity services.
• "Responder" means authorised emergency personnel, security staff, medical professionals, or organisational safety personnel with verified access rights.
• "Organisation" means any entity deploying VitaPing infrastructure for its workforce or visitors.
• "Emergency Activation" means the triggering of emergency mode via a VitaPing device during a verified incident.
• "Incident Data" means information collected, processed, or generated during an emergency activation.

3. Service Description

3.1 Core Services

VitaPing provides emergency identity infrastructure services, including:

• Emergency identity storage and controlled access
• Emergency activation mechanisms via wearable devices
• Role-based access control for authorised responders
• Adaptive AI-assisted incident documentation
• Audit trails and compliance reporting
• Organisational governance and policy management

3.2 Emergency-Only Operation

3.3 Not a Medical Device

3.4 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Platform
• Update features, functionality, or policies
• Implement maintenance or security updates
• Change pricing or service tiers (with notice)

4. Eligibility & Registration

4.1 Individual Users

To register as a User, you must:

• Be at least 18 years old (or legal age of majority in your jurisdiction)
• Be authorised by your Organisation to use VitaPing services
• Provide accurate, complete registration information
• Maintain the accuracy of your emergency identity data

4.2 Responders

Responder access requires:

• Verification of professional credentials or organisational role
• Completion of required training and certification
• Agreement to role-based access policies
• Understanding of data protection and confidentiality obligations

4.3 Organisational Deployment

Organisations deploying VitaPing must:

• Execute a separate commercial agreement
• Establish governance policies aligned with our platform requirements
• Ensure compliance with applicable laws and regulations
• Obtain necessary consents from users

5. User Obligations

5.1 Data Accuracy

You must:

• Provide accurate emergency identity information
• Update your data promptly when circumstances change
• Ensure emergency contact information remains current
• Review and correct medical information regularly

5.2 Device Care

If issued a VitaPing wearable device, you must:

• Wear the device as instructed
• Protect the device from damage or loss
• Report loss, theft, or damage immediately
• Return the device upon request or termination

5.3 Security

You are responsible for:

• Maintaining confidentiality of any access credentials
• Notifying us immediately of unauthorised access
• Ensuring your actions do not compromise platform security

6. Emergency-Only Use

6.1 Proper Activation

Emergency activation is permitted only for:

• Actual medical emergencies
• Verified safety incidents
• Situations requiring immediate emergency response
• Authorised emergency drills or training exercises

6.2 Prohibited Activation

6.3 False Activation Consequences

Intentional false activation may result in:

• Immediate service termination
• Financial liability for response costs
• Reporting to your Organisation
• Legal action for misuse

7. Responder Access & Responsibilities

7.1 Access Authorization

Responders accessing VitaPing data must:

• Have a legitimate need based on their role
• Access only data necessary for emergency response
• Provide justification for every access
• Understand that all access is logged and auditable

7.2 Confidentiality

Responders agree to:

• Maintain strict confidentiality of all accessed data
• Not disclose information outside emergency context
• Follow organisational data protection policies
• Report any data breaches immediately

7.3 Professional Standards

Responders must:

• Use data only for emergency response purposes
• Comply with professional codes of conduct
• Maintain appropriate documentation standards
• Respect user privacy and dignity

8. Prohibited Uses

You may not:

• Use VitaPing for surveillance, tracking, or monitoring purposes
• Access data without proper authorization or justification
• Share access credentials or device identifiers
• Reverse engineer, decompile, or disassemble the Platform
• Circumvent security measures or access controls
• Use data for commercial purposes unrelated to emergency response
• Attempt to access other users' data without authorization
• Interfere with Platform operation or security
• Use the Platform for unlawful purposes
• Violate any applicable laws, regulations, or third-party rights

9. Disclaimers & Limitations

9.1 Service "As Is"

VitaPing services are 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
• Non-infringement
• Uninterrupted or error-free operation

9.2 No Guarantee of Emergency Response

9.3 Technical Limitations

We do not warrant that:

• The Platform will be available at all times
• Devices will function in all environments
• Emergency activations will always succeed
• Data transmission will be instantaneous
• AI outputs will be error-free or complete

9.4 Third-Party Services

We are not responsible for:

• Actions or inactions of emergency responders
• Quality or timeliness of third-party emergency services
• Network connectivity or telecommunications failures
• Third-party integrations or services

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITAPING SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or death arising from emergency situations
• Delays or failures in emergency response
• Inaccuracies in user-provided data
• Actions or omissions of responders or emergency services

10.2 Liability Cap

Our total aggregate liability for any claims arising from or related to these Terms or the Platform shall not exceed the greater of:

• The fees paid by you (or your Organisation) in the 12 months preceding the claim, or
• $100 USD

10.3 Essential Purpose

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

11. Indemnification

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

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Inaccuracy of information you provide
• Unauthorized access using your credentials
• Your negligence or willful misconduct

Organisations deploying VitaPing agree to indemnify us for claims arising from their users, responders, or deployment practices.

12. Intellectual Property

12.1 Our IP Rights

All intellectual property rights in the Platform, including but not limited to:

• Software, algorithms, and AI models
• Trademarks, logos, and branding
• Documentation and training materials
• Platform design and architecture

are and shall remain the exclusive property of VitaPing and its licensors.

12.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Use the Platform for its intended emergency identity purposes
• Access your emergency identity data as permitted
• Use responder interfaces if authorized

12.3 Your Data

You retain ownership of your personal emergency identity data. By using VitaPing, you grant us a license to process this data as described in our Privacy Policy and these Terms.

13. Termination

13.1 Termination by You

You may terminate your use of VitaPing services at any time by:

• Notifying your Organisation (if applicable)
• Contacting us directly to request account closure
• Returning any issued devices

13.2 Termination by Us

We may suspend or terminate your access immediately without notice if:

• You violate these Terms
• We suspect fraudulent, abusive, or illegal activity
• Your Organisation terminates its agreement with us
• Required by law or regulatory authority
• We discontinue the Platform

13.3 Effect of Termination

Upon termination:

• Your access to the Platform will cease
• You must return all VitaPing devices and materials
• Data retention will follow our Privacy Policy and legal obligations
• Provisions intended to survive termination (liability limitations, indemnification, IP rights) shall continue

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with [Arbitration Rules] in [Location].

Exceptions to arbitration:

• Claims for injunctive or equitable relief
• Disputes involving intellectual property rights
• Claims that may be brought in small claims court

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any commercial agreement with your Organisation, constitute the entire agreement between you and VitaPing.

15.2 Amendments

We may modify these Terms at any time. We will notify you of material changes via email or platform notification. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

15.4 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.

15.7 Export Control

You agree to comply with all applicable export and import laws and regulations.

16. Contact Information