Terms of Service

1. Agreement and authority

These Terms of Service (the “Terms”) form a binding agreement between SafeGuard Command (“SafeGuard,” “we,” “us,” or “our”) and the fire department, municipality, district, company, or other organization accepting them (“Customer”). The individual accepting these Terms represents that they are authorized to bind Customer. If Customer and SafeGuard sign an order form, statement of work, data-processing addendum, or other written agreement, that document is part of the agreement and controls over conflicting language in these Terms.

Customer may use the service only for lawful organizational purposes and only through authorized accounts. Customer is responsible for its users, configuration, department policies, devices, credentials, and all activity under its accounts.

2. Operational and life-safety limitations

SafeGuard is a planning, records, readiness, and field-reference tool. It is not a computer-aided dispatch service, emergency communications system, alarm, engineering service, building-code determination, navigation guarantee, or substitute for trained judgment, incident command, department SOPs/SOGs, official records, or current field observations.

Routes, addresses, hydrants, flow calculations, building models, hazards, response recommendations, staffing status, offline copies, maps, and third-party data can be incomplete, delayed, inaccurate, unavailable, or outdated. Customer must independently verify critical facts, maintain alternate communications and paper/offline contingencies, train users, and decide whether information is fit for a particular response. Customer must not rely on the service as the sole means to protect life, property, evidence, or legal rights.

3. Accounts, security, and acceptable use

Customer will assign individual accounts, enforce appropriate roles and MFA for administrators, promptly revoke access, keep recovery material secure, and notify us of suspected compromise. Customer may not share named credentials, bypass controls, probe or overload the service, introduce malware, scrape or bulk-download third-party map tiles, reverse engineer except where law forbids restriction, use the service to violate rights or law, or access another customer’s data.

We may suspend access when reasonably necessary to contain a security event, prevent harm, comply with law, address nonpayment, or stop material misuse. When practical, we will limit and explain a suspension.

4. Customer data and instructions

As between the parties, Customer retains its rights in records, files, diagrams, locations, personnel information, exposure records, policies, and other content submitted to the service (“Customer Data”). Customer authorizes us and our subprocessors to host, copy, transmit, scan, back up, and otherwise process Customer Data only to provide, secure, support, and improve the contracted service; follow documented Customer instructions; and comply with law.

Customer is responsible for having authority to collect and upload Customer Data, providing required notices, honoring public-records and retention obligations, classifying sensitive records, and avoiding unnecessary data. Customer must not submit regulated health information or other data requiring a special contract unless SafeGuard has first signed the required addendum. We do not sell Customer Data or use it for third-party advertising.

5. Privacy, confidentiality, and support access

Our Privacy Policy describes personal-information practices. Each party will protect the other party’s nonpublic information using reasonable care and use it only for the agreement. Confidentiality does not cover information lawfully public, independently developed, already known without duty, or rightfully received from another source. A legally required disclosure may be made after notice when permitted.

Support personnel may access a department only through time-limited, authorized access designed to be logged and limited to the support purpose. Customer should not send passwords, recovery codes, secret keys, or payment-card numbers to support.

6. Third-party services and maps

The service may interoperate with Stripe, hosting and storage providers, email delivery, malware scanning, government GIS sources, mapping services, and mobile-platform providers. Their availability, data, and terms are outside our control. Customer must preserve required attribution and comply with applicable third-party terms. Community OpenStreetMap tiles are for ordinary interactive viewing only under the provider’s current policy; offline or bulk tile downloads require a separately licensed or self-hosted source.

7. Offline use and synchronization

Authorized mobile clients may cache selected records and queue supported changes. Customer must connect and sync before operations, protect devices with screen locks and encryption, remove access from lost or retired devices, and resolve conflicts. Cached information may be stale and must be verified. Offline availability is not guaranteed, and third-party basemap imagery may not be included in an offline package unless its license permits it.

8. Fees, renewal, taxes, and cancellation

Fees, plan limits, billing interval, trial, and subscription term appear in the applicable order or checkout. Unless an order says otherwise, paid subscriptions renew for the same interval until canceled before renewal. Customer authorizes our payment processor to charge the selected payment method. Fees are in U.S. dollars, exclusive of taxes, and nonrefundable except where the agreement or law requires otherwise. Past-due accounts may be limited or suspended after reasonable notice.

Customer may cancel future renewal through the billing portal or by contacting support. Cancellation does not erase amounts already due and normally takes effect at the end of the paid term. Government purchasing, tax-exemption, appropriation, and non-appropriation requirements must be stated in an accepted order form.

9. Service changes, availability, and beta features

We may improve or change features while maintaining the service’s material purpose. Maintenance, emergencies, third-party failures, internet outages, and security events can interrupt availability. Any uptime commitment, service credit, support response time, data-recovery objective, or custom retention promise applies only if stated in a signed order or service-level agreement. Preview, beta, pilot, and free features are provided for evaluation and may change or end.

10. Intellectual property and feedback

SafeGuard and its licensors own the service, software, documentation, branding, and aggregated or de-identified operational analytics that cannot reasonably identify Customer or an individual. During the subscription, we grant Customer a limited, nonexclusive, nontransferable right to use the service for its internal operations. Customer grants us a perpetual right to use voluntarily supplied suggestions without restriction or payment, provided we do not identify Customer as their source without permission.

11. Warranties and disclaimers

Each party warrants it has authority to enter the agreement. We warrant that we will provide paid services in a professional and workmanlike manner and use reasonable administrative, technical, and physical safeguards. Customer’s exclusive remedy for a proven breach of that warranty is re-performance or, if we cannot materially cure it, termination and a prorated refund for the affected prepaid period.

Except for the express warranty above and to the maximum extent permitted by law, the service and all maps, calculations, recommendations, third-party data, beta features, and offline copies are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, uninterrupted operation, and results.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or corrupted data, even if advised of the possibility. Except for payment obligations, infringement or misappropriation, a party’s confidentiality breach, fraud, willful misconduct, or liabilities that law does not permit to be limited, each party’s aggregate liability arising from the service will not exceed the fees Customer paid or owed for the service during the twelve months before the event giving rise to the claim. These allocations are a material basis of the bargain.

If Customer is a public entity and applicable law prohibits an indemnity, limitation, venue, or similar term, that term applies only to the maximum lawful extent and does not waive statutory defenses or immunities.

13. Indemnification

Customer will defend and indemnify SafeGuard from third-party claims arising from Customer Data, Customer’s unlawful or unauthorized use, or Customer’s violation of another person’s rights, except to the extent caused by our breach or misconduct. SafeGuard will defend Customer from a third-party claim that the paid service, as supplied by us and used as authorized, infringes a U.S. patent, copyright, or trademark, and may modify, replace, or terminate the affected feature with a prorated refund. The protected party must promptly notify the other, provide reasonable cooperation, and allow control of the defense, subject to approval of any settlement that admits fault or imposes nonmonetary duties.

14. Termination, export, and deletion

Either party may terminate for a material breach not cured within thirty days after written notice, or immediately for an incurable breach, insolvency, or unlawful use. Upon termination, access ends and fees already due remain payable. During an active subscription and for thirty days after termination, Customer may request a commercially reasonable export of available Customer Data. We may then delete Customer Data according to the published retention schedule, subject to backups, legal holds, and law. Customer must preserve records it is legally required to retain.

15. Governing law, disputes, and general terms

The laws of the State of Arkansas govern without regard to conflict-of-law rules, and the parties consent to courts with jurisdiction in Arkansas, unless a signed order or mandatory law requires otherwise. Before filing a claim, the parties will attempt in good faith for thirty days to resolve it through authorized representatives. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Neither party is responsible for delay beyond reasonable control, except payment obligations. Customer may not assign the agreement without consent, except with a merger or sale of substantially all assets; we may assign it in a corporate reorganization or sale. Notices must be sent to the order-form contacts and to admin@safeguardcommand.com. If a provision is unenforceable, it will be narrowed and the rest remains effective. Failure to enforce is not waiver. The agreement is the entire agreement about the service, and amendments must be written except that we may update these Terms prospectively with reasonable notice; material adverse changes will not apply during a prepaid term without consent where required by law.