Protocol Guide

Terms of Service

Last updated: · Operator: TheFireDev LLC.

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and TheFireDev LLC (“Company,” “we,” “our,” or “us”), governing your access to and use of the Protocol Guide application and related services (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organization (such as a fire department, EMS agency, or hospital), you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

Protocol Guide is an education and reference tool that helps EMS clinicians, students, and educators find published protocols, guidelines, and source material. The Service includes:

Protocol Guide has protocols for every state and DC. Counties covering about 3 in 10 Americans use their local or regional EMS book, about 4 in 10 use their state's published protocols, and the rest use the NASEMSO National Model Guidelines, which the app labels as not your local protocols. Always confirm against your medical director's current protocols.

THE SERVICE IS AN EDUCATION AND REFERENCE TOOL ONLY. IT IS NOT A MEDICAL DEVICE, IS NOT CLINICAL DECISION SUPPORT, IS NOT FOR BEDSIDE PATIENT CARE, AND IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL JUDGMENT, TRAINING, DIRECT MEDICAL CONTROL, OR YOUR LOCAL PROTOCOLS.

Protocol Guide is not affiliated with or endorsed by any EMS agency, state EMS office, or the National Association of State EMS Officials (NASEMSO). Agency and organization names identify the source of a document only.

3. Eligibility and User Accounts

3.1 Eligibility

To use the Service, you must:

3.2 Account Responsibilities

You are responsible for:

3.3 Account Sharing

Account credentials are for individual use only. Department customers may provision multiple accounts for their personnel through a Department subscription.

4. Subscription and Payment

4.1 Subscription Tiers

4.2 Billing, Free Trial, and Auto-Renewal

4.3 Refunds

4.4 Price Changes

We may change our prices. We will tell you about a price change with an in-app notice before it applies to you. A price change never changes a billing period you have already paid for.

5. Department and Agency Terms

5.1 Department Subscriptions

Fire departments, EMS agencies, hospitals, and other organizations may subscribe on a per-seat basis. Larger or custom agreements may include:

5.2 Agency Administrator Responsibilities

Department administrators are responsible for:

5.3 Custom Protocol Content

If your agency provides custom protocol content, you represent and warrant that:

6. Acceptable Use Policy

6.1 Permitted Use

The Service is provided for lawful education and reference purposes by EMS clinicians, students, and educators.

6.2 Prohibited Conduct

You agree NOT to:

7. Medical Disclaimer and Clinical Use

CRITICAL MEDICAL DISCLAIMER: THE SERVICE IS AN EDUCATION AND REFERENCE TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, TRAINING, OR DIRECT MEDICAL CONTROL. ALWAYS FOLLOW YOUR LOCAL PROTOCOLS AND MEDICAL DIRECTOR GUIDANCE.

7.1 Not Medical Advice

Information provided through the Service:

7.2 Professional Responsibility

If you are a licensed or certified clinician, YOU are responsible for:

7.3 Local Protocol Precedence

YOUR LOCAL PROTOCOLS ALWAYS TAKE PRECEDENCE over any information in the Service. In case of conflict, follow your:

7.4 AI-Generated Content

Search results may include AI-generated summaries. These:

7.5 Disclaimer Acknowledgment

Signed-in users are asked to acknowledge the medical disclaimer, and the acknowledgment is recorded. The disclaimer applies to all use of the Service, whether or not you are asked to acknowledge it. See also the Medical Disclaimer.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its software, design, features, and functionality, is owned by TheFireDev LLC and protected by copyright, trademark, and other intellectual property laws.

8.2 Protocol Content

Protocol content shown in the Service is excerpted from documents published by EMS agencies, state EMS offices, and other organizations. Those organizations retain their copyright and other rights in their documents. Excerpts are shown for education and reference with a citation to the source document. You may not redistribute the content without permission from its owner.

8.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.

8.4 Feedback

Any feedback, suggestions, or ideas you submit may be used by us without compensation or attribution to you.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WE DO NOT WARRANT THAT:

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 Exclusion of Damages

THEFIREDEV LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

10.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

10.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

11. Indemnification

You agree to indemnify, defend, and hold harmless TheFireDev LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

12. Termination

12.1 Termination by You

You may terminate your account at any time through account settings or by contacting support.

12.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

12.3 Effect of Termination

Upon termination:

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Arbitration Agreement

Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

13.3 Class Action Waiver

YOU AND THEFIREDEV LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

13.4 Exception

Either party may bring claims in small claims court if the claims qualify.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will:

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and TheFireDev LLC regarding the Service.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

15.3 Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.

15.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.

15.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

17. Contact Us

For questions about these Terms, subscriptions, or Department plans:

TheFireDev LLC

Email: support@protocol-guide.com

See also: Support, Privacy Policy, and Medical Disclaimer.