Policy Keeper End-User License Agreement

Last updated: September 3, 2024

Please read this End-User License Agreement ("EULA") carefully before downloading or using the Policy Keeper Mobile application ("Mobile App") or using any Policy Keeper software. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively "You" or "Your") and Policy Keeper (each separately a "Party" and collectively the "Parties") as of the date you download or begin using any Policy Keeper software.

By clicking the "I Agree" button, downloading or using Policy Keeper software, you are agreeing to be bound by the terms and conditions of this EULA.

If you do not agree to the terms of this EULA, do not click on the "I Agree" button and do not download or use any Policy Keeper software.

License

Policy Keeper grants you a revocable, non-exclusive, non-transferable, limited license to use Policy Keeper software or to download, install and use the Mobile App solely to fulfill your duties as an Agent in accordance with the terms of this EULA.

Your Account

Your use of the Mobile App requires that You have an account in the Policy Keeper Web App. Your permissions in Policy Keeper Mobile are controlled by your Policy Keeper Web account. The account must be created by a Policy Keeper administrator at your agency and can be altered or revoked by your agency.

Acceptable Use

Restrictions

You agree that You will not download or use Policy Keeper software unless You are a Business Associate of a licensed agency as defined by the Health Information Portability and Accountability Act ("HIPAA"). The Policy Keeper Web App and Mobile App give you access to Protected Health Information ("PHI") that is held by your agency. You agree to keep PHI confidential and to only use it as allowed under HIPAA.

You agree that You will not use or encourage others to use Policy Keeper software in a way that could harm or impair others' use of any Policy Keeper software.

You agree not to:

• interfere or attempt to interfere in any manner with the functionality or proper working of Policy Keeper software;
• breach or otherwise bypass any security or authentication measures of Policy Keeper software;
• transmit into or use with Policy Keeper software any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to any Policy Keeper software;
• distribute content that interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the operation of Policy Keeper software or related third-party networks, servers, or other infrastructure;
• use any robot, spider, data scraping or extraction tool, or similar mechanism in Policy Keeper software;
• reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of any Policy Keeper software or Policy Keeper work product, or the technology and software used to provide them, and all intellectual property and proprietary rights therein; or
• access, use, or otherwise exploit Policy Keeper software for purposes of competing with or disparaging Policy Keeper, or any Policy Keeper software, including but not limited to benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis;
• commercially sell, resell, license, sublicense, distribute, or frame any Policy Keeper software to a third party unless authorized by Policy Keeper in writing; or
• access, use, or test portions of any Policy Keeper software that Policy Keeper has not authorized You to access, use, or test.

You agree that You will not use any Policy Keeper software to:

• act or encourage activities in violation of any applicable laws, rules, or regulations;
• use, store, share, host, copy, distribute, display, publish, transmit, or send content or promote, support, or facilitate a cause or action that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others;
• distribute unwanted, unsolicited, or harassing mass email, conduct phishing scams, or transmit unwanted promotional or commercial content, including spam;
• access (including through any interfaces provided within Policy Keeper software) any Policy Keeper product or service, or other third-party service or website, in a manner that violates the terms for use of, or access to, such product, service, or website;
• infringe or misappropriate any Policy Keeper or related third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection;
• mislead or confuse others by alleging to be someone else or alleging to represent an organization You do not represent; or
• violate the rights (including privacy or publicity) of others, or distribute personal or confidential information without securing the necessary rights, permissions, and consents.

You agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.

Children

By using any Policy Keeper software, You represent and warrant that You are at least eighteen years old.

The Children's Online Privacy Protection Act of 1998 (COPPA) and other laws protect the privacy of minors. Policy Keeper abides by applicable laws and guidelines regarding youth privacy. Policy Keeper software is not intended for use by individuals under the age of eighteen.

Prohibited Data

Payment Card Industry ("PCI"). Policy Keeper does not intend the use of any Policy Keeper software to be in compliance with the Payment Card Industry Security Standards. Accordingly, You agree not to use Policy Keeper software to submit or store PCI data.

Location of Access

You are prohibited from using Policy Keeper software (a) in a jurisdiction that is subject to a United States government embargo, or that is in Group E of Title 15, Part 740 Supplement 1 Country of the United States Code of Federal Regulations, (b) in a jurisdiction that has been designated by the United States government as a "terrorist supporting" country, (c) in a jurisdiction that is listed on any other United States government list of prohibited or restricted parties, or (d) in violation of any other embargo or export restriction; unless You have secured express written approval from the applicable governing authority.

Violation of Acceptable Use

In addition to any other remedies that may be available, Policy Keeper reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating Your account, to prevent disruption of any Policy Keeper software or to protect the rights and safety of individuals, customers, or Policy Keeper.

If You have, or Policy Keeper reasonably suspects based on documented evidence that You have, violated any law or regulation, Policy Keeper may report such violations to the appropriate law enforcement officials, regulators, or other third parties. Policy Keeper's reporting may include disclosing relevant User information. Policy Keeper also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this EULA.

No Included Maintenance and Support

Policy Keeper may deploy changes, updates, or enhancements to its software at any time. Policy Keeper may provide maintenance and support for its software, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with Policy Keeper software.

Privacy

In order to operate and provide its software, Policy Keeper may collect certain information about Your usage, including technical and telemetry data related to your use of the software. Our privacy policy can be found here: https://policykeeper.net/legal/policykeeper-privacy.html

No Warranty

YOUR USE OF POLICY KEEPER SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POLICY KEEPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Policy Keeper software is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the software is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Policy Keeper does not represent or warrant that its software and Your device are compatible or that the software will work on Your device.

Suspension and Termination of Policy Keeper Software

Policy Keeper reserves the right to suspend or terminate Your access to its software at any time at its discretion. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within Policy Keeper systems.

Intellectual Property Rights

In the event of a third party claim that Policy Keeper software, or Your possession and use of the software, infringes third party's intellectual property rights, Policy Keeper will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a "terrorist supporting" country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport Policy Keeper software to or use it in any such country.

Third Party Beneficiaries

This EULA is executed between You and Policy Keeper and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of Policy Keeper Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Policy Keeper is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.

Governing Law

The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of Policy Keeper software. Your use of the software may also be subject to other local, state, national, or international laws.

Changes to this EULA

Policy Keeper reserves the right to modify this EULA at any time and for any reason. Policy Keeper will post the most current version of this EULA at https://policykeeper.net/legal/policykeeper-eula.html. If Policy Keeper makes material changes to this EULA, You will receive notification via email. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at the Policy Keeper website. Your continued use of the software after Policy Keeper publishes notice of changes to this EULA indicates Your consent to the updated terms.

Contact Information

If you have any questions regarding this EULA, You can contact us by email: support@policykeeper.net