Terms of Use
These Terms of Use (“Terms”) outline the terms and conditions of use of the Lifesaver Sim Services that can be provided to You (collectively, “Everyone”) by Thundermark LLC or our other affiliates (“Licensor”, “we” or “us”). These Terms also govern the use of all the text, data, information, software, graphics, photographs, videos, and more (all of which We refer to as “Materials”) that We may make available to You, as well as the Lifesaver Sim website (the “Site”), mobile, desktop and console applications (the “Apps”), including any services available as part of the Site or Apps (the Apps, the Site and the services available through the Apps and the Site are collectively referred to in these Terms as the “Services”, “Service” or “LifesaverSIM”).
Services are for personal, educational purposes only, not for the diagnosis, treatment, or management of patients. Services may be in the form of mobile applications, websites, virtual reality cases and applications, or as another digital platform.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, LICENSOR DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES.
READ THESE TERMS CAREFULLY BEFORE DOWNLOADING ANY APPS OR USING THE SERVICES. USING THE SERVICES OR DOWNLOADING THE APPS INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
By accessing the Materials or Services, You agree on behalf of Yourself or those You represent to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement”) between You and the Licensor. If You do not agree with any part of the Terms, You may not use our Services and Materials.
Privacy Policy
We respect the information that You provide to Us, and want to be sure You fully agree and understand exactly how We collect, use and share the information we collect. So, please review Our Privacy Policy (“Privacy Policy”) at https://www.lifesaversim.com/privacy-policy/ which explains everything.
Changes
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue the Services at any time and without notifying You. We reserve the right to change these Terms at any time and without notice. We promise to inform You of any material modifications to these Terms by posting them on the Site or in the Apps.
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications.
General use
By accessing or using the Materials or Services, You confirm that You are at least 18 years old (or if You are between 13 and 17 years old, inclusive, that You are using the Site or Services only with the approval of Your parent or guardian), that You are legally able to enter into this Agreement, and that You have read, understand and agree to be bound by this Agreement.
Any medical content, services, information, advice, or materials of any kind accessed through the Services are for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional.
We invite You to use the Services for individual, personal purposes (“Permitted Purposes”).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If You make copies of any of the Services while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.
If You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference below; in addition, You agree to abide by our rules, policies, and procedures we may publish on the Services from time to time, including policies and terms applicable to Subscriptions (as defined below).
Apps
We make available Apps to access the Services via a mobile device (e.g., smartphone or tablet). To use the Apps You must have a mobile device that is compatible with the Apps. We do not warrant that the Apps will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use one object code copy of the Apps per mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the Apps to provide time sharing or similar services for any third-party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that We may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the Apps that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Apps or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copy of the Apps). Standard carrier data charges may apply to Your use of the Apps.
The following additional terms and conditions apply with respect to any Apps that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
- Your use of Our iOS Apps must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for Our iOS Apps and the Services and Materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS Apps.
- You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS Apps or Your possession and/or use of Our iOS Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS Apps.
- You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS Apps or Your possession and use of Our iOS Apps.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using Our iOS Apps (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS Apps).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS Apps. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS Apps as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Apps that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
- Your use of Our Android Apps must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where You obtained the Android Apps. We, and not Google, are solely responsible for Our Android Apps and the Services and Materials available thereon. Google has no obligation or liability to You with respect to Our Android Apps or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android Apps.
Registration
In order to access and use the Materials and Services as set forth herein, You must agree to these Terms and our Privacy Policy and you may be asked to register for an account (an “Account”) on the Site or through the application before using the Services. When you register for an Account, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current and complete.
You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached these Terms, and we reserve the right to terminate this Agreement and your use of the Services. As part of the registration process, you may be asked to provide a username and password that are unique to the Account (collectively referred to as “Login Information”). You will be responsible for the confidentiality and use of your Login Information and agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your Account is no longer secure, you must immediately notify us of the problem. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to our benefit. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities are conducted through your Account. You may use our Services only if you are at least the age of majority in the jurisdiction in which you reside.
If you open or operate an Account on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and that you have authority to bind such entity to these Terms.
Payments
LifesaverSIM Services are subscribed on a service period basis. You choose the service period when You sign up for the LifesaverSIM Services. The LifesaverSIM app for any platform or operating system supported by LifesaverSIM can be downloaded free of charge. Users will have to purchase a paid subscription from LifesaverSIM to connect to the LifesaverSIM Services, except in the case of a limited free trial or certain offers.
Your service will automatically be renewed, and Your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless You decide to cancel Your subscription for the LifesaverSIM Services.
Links to third-party sites
We think links are convenient, and We sometimes provide links on our Services to third-party websites. If You use these links, You will leave the Services. We are not obligated to review any third-party websites that You link to from the Services, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the Services, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Services to be shared with your contacts in your third-party site account.
Submissions
Certain areas of the Services (e.g., customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). you agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that you will be able to edit or delete any User Submission you have submitted. YOU MAY NOT SUBMIT OR POST ANY IDENTIFIABLE PATIENT INFORMATION TO THE SERVICES. YOU MAY NOT POST ANY COPYRIGHTED, TRADEMARKED, OR CONFIDENTIAL INFORMATION OF ANY THIRD PARTY TO OUR SITE, OUR APPS OR THE SERVICES.
By submitting any User Submission, you are promising Us that:
- You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, privacy and security, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
- We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
Acceptable Use
We authorize Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in the Services remain Our property.
We aim to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Materials or Services. A misuse refers to any use, access, or interference with the Materials or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, we reserve the right to take appropriate measures when our Services or Materials are being used contrary to these Terms and applicable laws. You agree that we may terminate your account, without providing a refund for Services already paid, if you misuse the Materials or Service.
Unless You have written permission from Us stating otherwise, You are not authorized to use the Materials or Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes the use of the Services on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Materials or Services;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To promote illegal activities, or provide means for/helping other people commit illegal activities by providing instructional information;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- For infringing upon or violating our intellectual property rights or the intellectual property rights of others;
- To interfere with or disrupt the Services or servers or networks connected to the Services;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
Proprietary rights
Certain trademarks belongs to Us. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any trademarked or copyrighted material is strictly prohibited without Our express written consent. Other trademarks, names and logos on the Services are the property of their respective owners and cannot be used without the consent of the other copyright or trademark owner.
Intellectual property
The Services and Materials are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the Services and/or the Materials. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Services. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.
Free trial
From time to time, we may offer trials of LifesaverSIM for a specified period of time without requiring a payment (a “Free Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial, and to withdraw or to modify a Free Trial at any time without prior notice and with no liability.
For a Free Trial, we’ll require you to provide your payment details in order to start the Free Trial. At the end of the Free Trial, we will automatically start to charge you for the subscribed LifesaverSIM Service on a recurring monthly, semiannual, or annual basis depending on your subscription type. By providing your payment details in conjunction with the Free Trial, you agree to this charge. If you decide that you do not want to become a paying user of the LifesaverSIM service, prior to the end of the Free Trial period you must terminate the Service.
Termination
These Terms is effective until terminated. Your rights under this License will be terminated by us automatically without notice if you fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with your use of the Services and/or Materials. Upon the termination of these Terms, you shall cease all use and destroy, remove or delete all copies, full or partial, of the Services and/or Materials on your computer or device and otherwise in your possession or control. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination, shall survive termination.
Indemnification
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services and/or Materials, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.
Warranty disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. You understand that while we will take all reasonably necessary precautions to protect your data, we will not be liable for any unforeseeable security breach that may lead to the unauthorized access of your information. You understand that while we will take all reasonably necessary precautions to protect your data, we will not be liable for any unforeseeable security breach that may lead to the unauthorized access of your information. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Limitation of liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OR RELIANCE UPON ANY MATERIALS ACCESSED THROUGH THE SERVICES, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Feedback
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Governing Law
These Terms will be governed by and construed in accordance with the laws of Estonia, excluding its conflict of law principles. The courts located in Estonia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
Arbitration
Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration in accordance with the Estonian Chamber of Commerce and Industry Arbitration Rules (“Arbitration Rules”). There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with Arbitration Rules. The arbitration shall take place in Tallinn, Estonia, or such other location in Estonia determined by the Licensor in its sole discretion. Arbitration shall be conducted in English language.
Waiver
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
Force Majeure
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
Assignment
We shall have the right to assign and/or transfer these Terms and our rights and obligations to any third party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or subcontract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
Rights of third parties
These Terms do not give any right to any third party except any provision in these Terms.
Relationship of the parties
The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
Severability
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Contact us
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at support@lifesaversim.com.