End-User License Agreement (EULA)

End-User License Agreement for ResQ Medical

Effective Date: May 2026

This End-User License Agreement (EULA) also serves as the Terms of Service for the ResQ Medical mobile application. It is a legal agreement between you (“Licensee” or “you”) and ResQ Medical, Inc. (“ResQ Medical,” “we,” “us,” or “our”) regarding the use of ResQ Medical’s proprietary software. This software includes the ResQ Medical mobile application, any updates made to the software, and associated media, printed materials, and “online” or electronic documentation (collectively, the “SOFTWARE PRODUCT”).

By installing, copying, accessing, or using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

ResQ Medical grants you a limited, non-transferable, and non-exclusive license to install and use the SOFTWARE PRODUCT on one device. Should you obtain a new device, you will still have the license to use and install it on the new device so long as you do not concurrently install the SOFTWARE PRODUCT on multiple devices. You also have the right to upgrade the product free of charge whenever an upgrade is made available during the term of your license.

REPRODUCTION AND DISTRIBUTION

You may NOT reproduce or distribute copies of the SOFTWARE PRODUCT to any third party.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights relating to the SOFTWARE PRODUCT and all related materials are owned by ResQ Medical and are protected by law. These protections include but are not limited to United States Patent, Trademark, Copyright, and Trade Secret law as well as other applicable laws and international treaties.

LIMITATIONS ON REVERSE ENGINEERING, COPYING, CLONING, MODIFYING, ALTERING, OR REDISTRIBUTING

You may not reverse engineer, decompile, copy, clone, modify, alter or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not redistribute the SOFTWARE PRODUCT to any third party unless expressly permitted by law or by authorization from ResQ Medical. If you are authorized to redistribute the SOFTWARE PRODUCT to any third party, the third party must also agree to all of the terms in this EULA before you may redistribute the SOFTWARE PRODUCT to the third party.

ACCEPTABLE USE

You agree not to: (a) falsify, manipulate, or misrepresent Clinical and Educational Work Hours logs or any other information submitted through the SOFTWARE PRODUCT; (b) share your account credentials or allow unauthorized persons to access the SOFTWARE PRODUCT; (c) use the SOFTWARE PRODUCT in any way that violates applicable laws, hospital policies, or ACGME requirements; (d) attempt to interfere with the proper functioning of the SOFTWARE PRODUCT or any hospital systems; or (e) use the SOFTWARE PRODUCT for any purpose other than your authorized Clinical and Educational Work Hours logging as a resident or attending physician.

DATA COLLECTION, PRIVACY, AND USER DATA

Your use of the SOFTWARE PRODUCT is also governed by our Privacy Policy (effective May 2026), which is incorporated into this EULA by reference. By using the SOFTWARE PRODUCT, you consent to the collection, processing, and use of data as described below and in the full Privacy Policy.

ResQ Medical uses location data for one reason only: to automatically determine when you enter or exit a WorkZone™ so your Clinical and Educational Work Hours can be logged accurately and your life can be made easier.

While we require access to your location (including background access) to execute our mission, we never track your movements. Location information is processed on your device. Specific location coordinates are never passed to our servers in identifiable form.

Any location data that leaves the phone for processing is fully deidentified, is not sold, and is deleted within 7 days. The only information we store long-term is your WorkTime data: the arrival time (Time In), departure time (Time Out), and the name of the WorkZone™. User identities are only attached to this WorkTime data. You have the ability to edit these logs at any time prior to submission.

Data We Collect and Store

  • Account and program information needed for authentication and association of logs.
  • Clinical and Educational Work Hours logs / WorkTime data: Time In, Time Out, and WorkZone™ name.
  • Limited, anonymized app usage analytics to improve the service.

We do not store raw GPS coordinates, latitude/longitude, or any identifiable location history.

Resident Controls (You Stay in Control)

You retain full control over how (and whether) location services are used:

  • You may completely disable location services at the operating system level (set location permission to “Never”) and continue to use the app fully by manually entering Time In and Time Out logs.
  • AwayMode — temporarily disables location services and automatic logging.
  • Toggle WorkZones — disable tracking for any specific WorkZone.
  • Manual Quick-Add and Work from Home logging — add or edit hours without using location services.

You can view all assigned WorkZone boundaries directly in the app and will be notified of any changes.

We do not sell your data. We never share data for marketing or unrelated commercial purposes. Clinical and Educational Work Hours data is stored separately from any clinical records and is not treated as Protected Health Information (PHI). We use industry-standard encryption and undergo regular security reviews.

User Content. You are solely responsible for the accuracy, completeness, and legality of all Clinical and Educational Work Hours logs and other data you submit or generate through the SOFTWARE PRODUCT (“User Content”). You grant ResQ Medical a worldwide, non-exclusive, royalty-free, perpetual license to use, host, reproduce, modify, and process your User Content solely as necessary to provide, maintain, improve, and support the SOFTWARE PRODUCT and as otherwise permitted by the Privacy Policy. You may request access to, correction of, or deletion of your data through your program administrator or by contacting support@resqmedical.com.

CHANGES TO THIS EULA

ResQ Medical may update or modify this EULA from time to time. We will notify you of material changes by posting the revised EULA within the SOFTWARE PRODUCT, via email, or through other reasonable means. Your continued use of the SOFTWARE PRODUCT after the effective date of any revised EULA constitutes your acceptance of the changes. If you do not agree to the revised terms, you must stop using the SOFTWARE PRODUCT and uninstall it.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ResQ Medical, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of this EULA; (ii) your misuse of the SOFTWARE PRODUCT; or (iii) any inaccurate or falsified Clinical and Educational Work Hours logs or User Content you submit.

TERMINATION

Without prejudice to any other rights, ResQ Medical may terminate this EULA if you do not comply with the terms and conditions of this EULA. If ResQ Medical terminates this agreement, you must uninstall or destroy all copies of the SOFTWARE PRODUCT.

WARRANTIES

ResQ Medical warrants only that the SOFTWARE PRODUCT will function as described in the product description, including automatically keeping track of Clinical and Educational Work Hours for residents and attending physicians when they enter or exit an area that has been pre-designated by the hospital or medical center (a WorkZone™). It is understood that ResQ Medical cannot be responsible for failure of hospital administration to monitor the hours reported through the SOFTWARE PRODUCT. It is also understood that the SOFTWARE PRODUCT may not function properly if any other hardware or software on the Licensee’s device or in the hospital is not working properly (for example, if the GPS function on a Licensee’s device is not functioning, the SOFTWARE PRODUCT will be unable to properly log the hours of a resident or attending physician).

PASSWORD PROTECTION

You agree to adhere to the strong password requirements including using passwords that are not found in the dictionary, always being different from prior passwords, never containing your user name or any part of your full name, and never choosing a password you need to write down. You agree to never talk about your password in front of others, reveal your password to anyone over the phone, in an email message or to co-residents or colleagues. You agree to never use words such as “password”, “secure”, “secret”, “confidential”, “restricted”, or “private” as your password.

DISCLAIMER OF WARRANTIES

ResQ Medical expressly disclaims all other warranties for the SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT ALLOWED BY LAW, RESQ MEDICAL EXPRESSLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NONINFRINGEMENT. Furthermore, ResQ Medical will not be liable for any violations of the work hour requirements of The Accreditation Council for Graduate Medical Education (“ACGME”).

LIMITATION OF LIABILITY

ResQ Medical shall only be liable for damages no greater than the purchase price of the SOFTWARE PRODUCT. In no event shall ResQ Medical be liable for any special, consequential, incidental or indirect damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption, loss of business information, damage to the Licensee’s computer or other devices, fines for noncompliance with ACGME requirements or any governmental requirements, or any other pecuniary loss) arising out of the use of or inability to use this product.

MISCELLANEOUS

This EULA constitutes the entire agreement between you and ResQ Medical regarding the SOFTWARE PRODUCT and supersedes all prior agreements. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign this EULA without our prior written consent. ResQ Medical may assign this EULA freely.

CHOICE OF LAW AND CHOICE OF FORUM

The Licensee and ResQ Medical agree that this agreement will be subject to the laws of the State of California. Both parties also agree to be subject to the jurisdiction of a competent court within Sacramento, California.