Premium License Agreement

Effective Date: August 3, 2023

This EULA or Terms of Use (“Terms”) govern the manner in which you will access the RapidSOS, Inc. (“RapidSOS”, “we,” or “us”) Premium platform (“RapidSOS Premium”) or otherwise receive one or more associated RapidSOS services (“RapidSOS Premium Service(s)”).

Definitions
  • RapidSOS: means RapidSOS, Inc., a provider of emergency communications services, located at 3 Park Avenue, 22nd Floor, New York, NY 10016, and its affiliates and subsidiaries.
  • Agency: means a Public Safety Answering Point (PSAP) or Emergency Communications Center (ECC), as defined in the rules of the Federal Communications Commission (FCC), requesting access to RapidSOS Emergency Information.
  • RapidSOS Emergency Information: means information received by RapidSOS from RapidSOS Emergency Information Providers and provided by RapidSOS to Agency, or exchanged via an authorized third-party integration, or provided directly by the Agency or an authorized third-party, including but not limited to supplemental 9-1-1 caller location data, profile data associated with a 9-1-1 caller, or other 9-1-1 incident data.
  • Credentials: means unique electronic credentials that allow Agency to access RapidSOS Emergency Information.
  • RapidSOS Emergency Information Provider: means any person that provides RapidSOS Emergency Information to RapidSOS via wire or radio communications, including without limitation manufacturers of smartphones or other connected devices, operating systems service providers, application service providers, monitoring companies, etc.
RapidSOS Emergency Information Terms of Use

Agency explicitly acknowledges that the RapidSOS Emergency Information is provided for informational purposes only and is supplemental to location and incident data provided from other sources and displayed in call handling and computer-aided dispatch systems, and that RapidSOS Emergency Information should not replace other emergency location information and should not be exclusively relied upon in an emergency scenario. RapidSOS Emergency Information will only be used by Agency to respond to 9-1-1 emergency events. Agency will not use the RapidSOS Emergency Information in any manner or for any purpose that violates any applicable local, state, national, or international law, any right of any person, or use the RapidSOS Emergency Information for any illegal, unauthorized or other improper purposes. Agency specifically authorizes RapidSOS, and each RapidSOS Emergency Information Provider, to provide the other emergency communications services contemplated herein to provision RapidSOS Emergency Information to Agency. RapidSOS shall be permitted to share RapidSOS Emergency Information with authorized third-parties for the purposes of delivering services as necessary for response to emergency events.

Agency acknowledges and agrees that RapidSOS may from time to time collect and analyze data arising from the use of the RapidSOS Emergency Information in order to facilitate the delivery of the RapidSOS Emergency Information, improve RapidSOS’s delivery of the RapidSOS Emergency Information and Agency’s experience, provide anonymized data to current and potential Emergency Information Providers, and improve or develop RapidSOS services. RapidSOS shall not share this data with any third person except as explained in this End User License Agreement, as authorized by Agency, and for the purposes of delivering the RapidSOS Emergency Information or to the extent required by a subpoena, court order, agency action, or any other legal or regulatory requirement.

Credentials to Access RapidSOS Emergency Information

Agency hereby requests a unique set of credentials assigned to Agency that will allow Agency to access RapidSOS Emergency Information. Agency acknowledges that Agency is responsible for proper safekeeping of those credentials, and will immediately notify RapidSOS electronically to support@rapidsos.com should these unique credentials ever get exposed to unauthorized personnel or otherwise compromised. For security reasons, RapidSOS reserves the right to disable credentials and re-issue new credentials at their sole discretion. In such case, Agency or Agency vendor will be notified by RapidSOS.

RapidSOS Premium Services

As part of RapidSOS Premium, Agency may receive one or more additional RapidSOS Premium Services. Agency acknowledges and agrees that by receiving a RapidSOS Premium Service, it is bound by the applicable terms below.

Digital Alerts 

For Agency’s access to Digital Alerts, it is acknowledged and agreed:

  • Agency is specifically requesting data to be presented through the Digital Alerts service and receipt of such data may require changes to your operational workflow when responding to an emergency. RapidSOS shall be held harmless for any liability arising from such use or failure to use.
  • Agency acknowledges that RapidSOS is only transmitting the data rather than originating the data; therefore RapidSOS cannot guarantee the accuracy of data provided or originated by a third party and shall be held harmless for any liability arising from any use or reliance on such data.
  • Agency acknowledges that RapidSOS will make reasonable efforts to digitally display requests for dispatch of emergency services and that a phone call request may not be placed.
  • Agency has been trained on how to use and respond to the Digital Alerts product. This is not to be confused with other supplement alerts offerings available from RapidSOS, where a phone call remains the primary request for service.
  • Agency acknowledges that RapidSOS does not warrant or represent that all digitally displayed requests through Digital Alerts shall be free of error. Your agency further acknowledges that an act, omission, or failure may occur that prevents notification of a request from being received by your agency. Where an error, act, omission, or failure occurs that prevents notification of a request from being received, RapidSOS shall not be held liable.
  • Agency acknowledges that false alarms may occur and that RapidSOS makes no warranties or representations, express, implied, or otherwise, as to the validity, accuracy, completeness, or performance of a request for dispatch displayed through the Digital Alerts service. ALL DATA RELATING TO THE DIGITAL ALERTS SERVICE IS PROVIDED “AS IS.”
  • Agency agrees to share certain data, including, but not limited to, the receipt of requests for dispatch of emergency services, and/or records of actions taken by your agency with RapidSOS and third-parties, such as alarm monitoring companies, in order to improve the product offering. RapidSOS may monitor and collect configuration, performance, usage, and consumption data relating to the use of RapidSOS services, and may monitor your agency’s use of the RapidSOS services, in each case: (a) to facilitate the delivery of the RapidSOS services, (b) to improve the RapidSOS services and provide anonymized analytics, and (c) to ensure compliance with the terms of this Agreement.
  • You agree that RapidSOS may note that your agency is capable of receiving Digital Alerts and that RapidSOS may use the name of your agency on company materials indicating agencies that may receive Digital Alerts.
Modifications

RapidSOS reserves the right, at its discretion, to change this Agreement on a going-forward basis at any time. Modifications are effective upon publication. Continued use or acceptance of RapidSOS data following such modifications will be deemed your acceptance of the modified Agreement. Agency will ensure that its Users agree at all times to the most recent EULA provided by RapidSOS. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.