Terms Of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or a legal entity, "User", "You") and ResQWare LLC ("Company", "We", "Us", "Our"), governing your access to and use of the CPR Enroll software, website, and related services (collectively, the "Services").

By accessing or using the Services, clicking "I Agree", or creating an account, you agree to be bound by these Terms, our Privacy Policy, and our Disclaimer. If you do not agree to these Terms, you must not access or use the Services.

Modifications: We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or a prominent notice within the Service. Your continued use of the Service constitutes acceptance of those changes. We may require you to re-accept updated Terms to continue using your account.

2. License Grant & Access

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes. This license is subject to the restrictions set forth in our End User License Agreement (EULA).

Ownership: You acknowledge that the Services are licensed, not sold, to you. ResQWare LLC retains all rights, title, and interest in and to the Services, including all intellectual property rights therein. Nothing in these Terms grants you any rights to our trademarks, source code, or proprietary technology.

3. Accounts & Security

To access the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

• Responsibility: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use.
• Users: If you are an Agency or Training Center ("Partner"), you are responsible for the compliance of all sub-users, instructors, and affiliates accessing the Service through your account.

4. Fees, Payment & Billing

Subscription Fees: The Services are offered on a subscription basis. You agree to pay the fees applicable to your selected plan ("Subscription Fees"). Fees are billed in advance on a monthly or annual basis and are non-refundable, except as required by law.

Authorization: By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your Subscription Fees (including any applicable taxes and other charges).

Price Changes: We reserve the right to adjust pricing for the Service at any time. Any price changes will take effect following email notice to you.

5. Delinquency, Cancellation & Reinstatement

It is your responsibility to maintain a valid payment method on file. We adhere to a strict policy regarding past-due accounts to ensure system integrity.

A. The 30-Day Grace Period (Past Due Status)

If a scheduled payment fails, your account enters "Past Due" status. We will attempt to retry payment for a period of 30 days.

• Admin Restriction: During this period, administrative access (login) will be restricted. You and your users will be redirected to a payment update page upon attempting to log in.
• Public Continuity: To protect your business revenue, your public-facing class calendars and registration pages will remain active during this 30-day window, allowing students to continue enrolling.

B. Cancellation (Day 31+)

• Service Termination: All public-facing pages (calendars, registration forms) will be disabled immediately.
• Data Archive: Your account data (rosters, student records, certificates) will be archived and inaccessible.
• Disconnection: All connected sub-accounts, instructors, and API integrations will be severed.

C. Account Reinstatement Options

If your account is Cancelled due to non-payment, you have two options upon your next login:

Option 1: Start Fresh (New Account)

You may choose to create a completely new account. This is treated as a new registration. You will lose all historical data, student records, and configurations. There is no fee to start a new account other than the standard subscription rate.

Option 2: Reinstate Account (Data Restoration)

If you wish to restore your account configuration and historical data, you must pay a One-Time Reinstatement Fee of $275.00 USD.

• This fee is in addition to paying any outstanding Subscription arrears.
• Upon successful payment of the Reinstatement Fee and past-due balance, your account access, public pages, and data will be fully restored.
• CPR Enroll reserves the right to issue discount codes for this fee at our sole discretion.

6. Intellectual Property & User Content

Your Data: You retain all rights, title, and interest in and to the data, student information, and files you upload to the Service ("User Content"). You grant ResQWare LLC a worldwide, royalty-free license to host, copy, transmit, and display your User Content as necessary to provide the Services to you. The processing of any personal data within your User Content is further governed by our Data Processing Addendum (DPA).

Our IP: The Services, including but not limited to the "Classes Engine", "Admin Engine", design, text, graphics, and code, are the property of ResQWare LLC and are protected by copyright, trademark, and other intellectual property laws.

7. Prohibited Uses

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Specifically, you agree not to:

• Reverse engineer, decompile, or disassemble any aspect of the Services.
• Use the Services to send unsolicited bulk emails (SPAM) or SMS messages in violation of CAN-SPAM or TCPA regulations.
• Upload content that is infringing, libelous, defamatory, obscene, or invasive of privacy.
• Attempt to bypass or break any security mechanism on any of the Services.
• Use the Service to process Protected Health Information (PHI) without a signed Business Associate Agreement (BAA) with ResQWare LLC.

8. Messaging Compliance (SMS & Email)

The Service allows you to send communications (email and SMS) to your students. You acknowledge and agree that:

• Consent: You are solely responsible for obtaining all necessary consents and opt-ins from your students before sending them messages, as required by the Telephone Consumer Protection Act (TCPA) and other applicable laws.
• Opt-Out: You agree to honor all opt-out requests immediately.
• Liability: You agree to indemnify and hold ResQWare LLC harmless from any claims, damages, or fines arising from your failure to comply with messaging laws.

9. Disclaimers & Limitation of Liability

"As Is" Service: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10. Indemnification

You agree to defend, indemnify, and hold harmless ResQWare LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your User Content; or (iii) your violation of these Terms.

11. Dispute Resolution

Arbitration: Any dispute arising out of or relating to these Terms or the Services shall be settled by binding arbitration in Sullivan County, New Hampshire, in accordance with the rules of the American Arbitration Association.

Class Action Waiver: YOU AND RESQWARE 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. General Provisions

Governing Law: These Terms shall be governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.