IT’S IMPORTANT! ™
Service Agreement
Updated July 25, 2023
These Terms of Service are entered into by and between TETQ, LLC, a Florida limited liability company (“TETQ,” “we” or “our”) and you (“Subscriber,” “you” or “your”). You and TETQ may also be referred to individually as a “Party” and, collectively, as the “Parties.”
IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE
AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.
YOUR USE OF THIS SITE INDICATES
YOUR ACCEPTANCE OF THIS AGREEMENT.
TETQ owns and operates the platform known as “ItsImportant.com” and such other related online websites and applications as we may create and with which it may partner (collectively, the “Site”) where we offer to our subscribers (each, a “Subscriber” and, collectively, “Subscribers”) Check-ins, secure storage of important personal documents and information (collectively, “Personal Documents”), notifications and a system by which a Subscriber can designate certain people (“Contacts”) to receive specified information in the event the Subscriber is unable to deliver the Personal Documents (the “Service” or “Services”), as more fully described below.
The General Terms & Conditions (“General T&Cs”), the Subscriber Terms & Conditions (“Subscriber T&Cs”) and the Contact Terms & Conditions (“Contact T&Cs”) set out the terms and conditions on which we make the Site available to you and, should you choose to become a Subscriber, provide our Services to you and your Contacts (collectively with the documents referred to herein, this “Agreement”).
You may access most areas of the Site without being a Subscriber (each person who uses or views the Site, whether or not they subscribe, is a “User”), in which case only the General T&Cs will apply to you. Using the Site indicates that you accept the General T&Cs even if you do not become a Subscriber. If you do not accept the General T&Cs, do not use the Site.
Certain areas of the Site may be available only if you are a Subscriber. If you wish to become a Subscriber, you will be asked to confirm expressly that you have read and you accept the Subscriber T&Cs as well as the General T&Cs. Any person you choose as a Contact will be required to accept the Contact T&C’s prior to becoming activated as a Contact.
We may revise this Agreement at any time by updating this posting. You should check the Site from time to time to review the current version of this Agreement because they are binding on you. Certain provisions in this Agreement may be superseded by expressly designated legal notices located on particular pages of the Site.
Any rights not expressly granted in these terms are reserved.
CONTACT TERMS & CONDITIONs
(For Contacts Only, in addition to the General T&Cs)
These Contact T&Cs are in addition to the General T&Cs which, together,
comprise the Agreement that you enter into with TETQ to have the rights that the Subscriber intended.
All the provisions of the General T&Cs apply to Contacts.
1. REGISTRATION, IN GENERAL
1.01 Contacts (also referred to as “you” or “your”) must register before being granted the rights the Subscriber intended.
1.02 Contacts must be 18 years of age or older.
1.03 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your username and password.
2. YOUR REPRESENTATIONS AND WARRANTIES
In addition to the representations and warranties contained in the General T&Cs, you represent and warrant the following:
2.01 You are an individual.
2.02 You are using the Services with no intent to broadcast, republish, misrepresent, edit, copy, display or in any way use the Services for any purpose other than your personal use.
3. THE SERVICES
3.01 TETQ shall provide the Services described below subject to the Subscription Plan chosen by the Subscriber. The following is not an exhaustive list of each element of the Services; but is rather intended to explain the approach of It’s Important!
3.02 Notifications. All Subscription Plans, including the Basic Plan, enable a Subscriber to set up TEXTs on a frequency chosen by the Subscriber. (“Scheduled Texts”). The Scheduled TEXT is to confirm the Subscriber’s well-being. If you, as a Contact, have received a notice by text or email, the Subscriber did not respond to their Scheduled Text. We do not know why the Subscriber did not respond to their Scheduled TEXT and this system is designed to give you an opportunity to determine the well-being of the Subscriber and let us know.
(a) The Subscriber must select one Contact to be a “Primary Contact.” The Primary Contact is the first person to receive notice if the Subscriber does not reply to their Scheduled Text. If the Subscriber is, in fact, fine and may be out of touch or on a plane or just lost their phone, the Primary Contact can reset the system.
(b) If the Primary Contact responds that there is a situation requiring medical attention for the Subscriber, the documents in the “Insurance/Medical” folder will be made available to all Contacts to whom the Subscriber gave permission.
(c) If the Primary Contact responds that the Subscriber has passed, the Primary Contact will be prompted to upload a death certificate. Upon receipt of the death certificate, we will confirm its validity and make all documents and information in all folders accessible to the people to whom the Subscriber gave permission.
(d) If the Primary Contact does not respond within 24 hours, all Contacts will receive the same notice as the Primary Contact received, allowing you to investigate to determine the Subscriber’s state of well-being and to respond accordingly.
(e) The system will take such action as indicated by the first response of a Contact. However, if subsequent responses from Contacts conflict with the first, all actions will be suspended until we can resolve any such conflict.
You, as a Contact (other than a Primary Contact), will receive a notice by text or email regarding the Subscriber’s well-being if neither the Subscriber nor the Primary Contact responds to their Scheduled TEXT. If you get such a text or email, we do not know the reason and this system is designed to give you an opportunity to determine the well-being of the Subscriber.
3.03 Storage of Personal Documents.
(a) Both the Plus and Enhanced Subscription Plans enable a Subscriber to store a variety of information (Personal Documents) to be released to the Contacts should neither the Subscriber nor the Primary Contact reset the system by replying that the Subscriber is ok to their respective Texts.
(b) We use a variety of HIPAA-compliant and bank-level security measures to ensure the security of your account. That includes but is not limited to:
· Bank-level encryption when the Subscriber sends the information and encryption on the servers.
· Except for names and contact information of the Contacts, the Subscriber does not enter or upload ANY data. All information provided by the Subscriber is in the form of PDFs, images and pictures.
(i) Personal Documents cannot be accessed or viewed by our Customer or Technical Support personnel. When using Customer or Technical Support, you can explain the issue by email or by phone… or you can share your screen AFTER you have closed all sensitive information and documents. No Customer or Technical Support personnel will need to look at the contents of any Personal Documents to assist you.
3.04 Release of Personal Documents.
(i) If the Subscriber did not respond to a Scheduled TEXT within 24 hours and the Primary Contact either does not respond or responds negatively, your insurance, health and medical records (including any “Do Not Resuscitate” orders) will be released and sent to those Contacts who the Subscriber authorized to receive such Designated Information.
(ii) Upon submission of a death certificate to be verified by us, the Designated Information will be made available to the respective Contact(s) authorized by the Subscriber to have such information.
3.05 Emergency Alert.
(i) The system is designed primarily to use the non-response of a Subscriber to trigger a sequence of events that will notify and, in the case of a Plus or Enhanced Subscription Plan, make Personal Documents available to your specified Contacts.
(ii) However, in the event that an emergency has occurred (for example, the Subscriber has been in an automobile accident) requiring the release of insurance, health and medical records, a Contact can call in and request an Emergency Alert be sent to the Subscriber and in the event the Subscriber does not respond promptly, an Emergency Alert will be sent to the Primary Contact who can then respond such that the Subscriber’s insurance, health and medical records will be released to the Contacts approved by the Subscriber for such Designated Information.
(iii) In the Event of Death. In the event of the Subscriber’s passing and if the Subscriber had a Plus or Enhanced Subscription Plan:
· the Personal Documents will be available to be downloaded by the Contacts for the Recovery Period even if the Recovery Period extends beyond the expiration of the Subscription; and
· after the Recovery Period, the storage of the Personal Documents may be extended by any Contact on a month-to-month basis at the regular month-to-month rate payable on a major credit card.
3.06 The Services include the Documentation and such additional services and support as TETQ may, in its sole and absolute discretion, provide.
4. YOUR USE OF THE SITE
4.01 You will:
(a) be responsible for your compliance with this Agreement;
(b) use reasonable efforts to prevent unauthorized access to the Services, and notify TETQ promptly of any such unauthorized access or use;
(c) use the Site only in accordance with the Documentation and all applicable laws and regulations; and
(d) be solely and exclusively responsible for the security of the usernames and passwords issued to you, and TETQ shall be entitled to rely on the authority of any person using such username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct.
4.02 You will not, directly or indirectly:
(a) use the Site to store or transmit malicious code or any illegal matter;
(b) interfere with or disrupt the integrity or performance of the Site or any data contained therein;
(c) attempt to gain unauthorized access to the Site or Subscriber Resources or any related systems or networks;
(d) hack or attempt to hack the Site;
(e) copy the Site or the Subscriber Resources or any part, feature, function, or user interface thereof;
(f) frame or mirror any part of the Site or the Subscriber Resources other than as permitted in the Documentation;
(g) access, record or copy the Site or the Subscriber Resources in order to build a competitive product or service; or
(h) reverse engineer, disassemble or decompile the Site or the Subscriber Resources.
5. WARRANTY
5.01 While TETQ endeavors to ensure that the information provided through the Services is correct, TETQ does not warrant its accuracy or completeness.
5.02 THE SERVICES ARE PROVIDED “AS IS” AND WE PROVIDE NO WARRANTIES IN RESPECT THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TETQ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
6. SECURITY
TETQ uses appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of Your Data; and (ii) protect against unauthorized access to Your Data.
7. INTELLECTUAL PROPERTY
7.01 Technology included within or used in connection with the Services shall at all times be the sole and exclusive property of TETQ.
7.02 Use of the Site or Services does not transfer or grant any rights in any Technology, copyrights, trademarks, trade secrets or other intellectual property of TETQ (collectively, the “Rights”) to a Contact. You expressly waive and disclaim any interest whatsoever in the Rights of TETQ.
7.03 For purposes of clarity, data or information obtained or created by TETQ as a result of the Services shall at all times be the sole and exclusive property of Subscriber; provided, however, TETQ shall have the unlimited perpetual and royalty-free right to use such data and information that does not relate to any specific matter or account but which may aid TETQ in identifying and resolving issues of security issues of Subscriber or others.
8. INDEMNIFICATION
8.01 Each Contact, on behalf of themselves and their heirs, estate, personal representatives, successors and assigns (each, a “Contact Indemnitor”) agrees to and shall indemnify, defend and hold harmless TETQ, its Affiliates and their respective owners, principals, officers, employees, and agents (collectively, “TETQ Parties”) (with legal counsel reasonably acceptable to TETQ Parties) from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them (including but not limited to emotional distress) arising from (a) any misrepresentation by, or breach of any covenant or warranty of the respective Contact contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by such Contact hereunder; (b) any violation of this Agreement by the respective Contact; (c) any suit, action, proceeding, claim or investigation against TETQ Parties which arises from or which is based upon or pertaining to (i) Contact’s acts or omissions including but not limited to improper use or disclosure of Designated Information, (ii) the Services including but not limited to the disclosure or failure to disclose Personal Documents by TETQ as well as the sending or failure to send any message,, or (iii) the acts or failure to act of any other Contact; or (d) any matter for which the risk is assumed by you or with respect to which you waive any claims, as provided in Section 9 of these Contact T&Cs.
8.02 If Contact Indemnitors shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then the respective indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as such indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by the Contact Indemnitors upon demand by the respective indemnitees.
9. ASSUMPTION OF RISK AND WAIVER
You expressly and unconditionally assume any risks and waive any and all claims against and agree and promise to not sue any of the TETQ Parties, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions, and regardless of the source or the cause of the issue including but not limited to failures of third-party sites or applications with which the Site interacts:
(a) any injury (physical, emotional or psychological) to you or anyone else relating to, caused by or connected to the Site, the Services (including but not limited to any notifications to you regarding Subscriber (sent or not sent) and the release or failure to release any of the Personal Documents or the sending or failure to send any messaging) or the Documentation;
(b) any loss of or damage to property of yours or anyone else’s relating to, caused by or connected to the Site, the Services (including but not limited to the release or failure to release any of the Personal Documents or the sending or failure to send any messaging) or the Documentation;
(c) use of the Site, the Services or the Documentation;
(d) a suspension or other action taken with respect to your account by TETQ; or
(e) deletion, corruption or destruction of any of Your Data.
10. NOTICE
All notices upon you shall be effective when sent by email to the email address or telephone number you used when you registered or as you subsequently modified it.
All notices to TETQ must be in writing and delivered in person, or sent by registered or certified mail or nationally or internationally recognized overnight courier, with all fees prepaid to TETQ at the address indicated below or as subsequently modified by TETQ. For a notice to TETQ to be valid, an email copy shall accompany each of the foregoing modes of noticing a Party.
TETQ 1717 N Bayshore Drive, Suite 213
Miami, Florida 33132 USA
Email: [email protected]
Either Party may, at any time, change its mail or delivery address by giving the other Party written notice.
The effective date of any written notice personally delivered or sent by a recognized overnight courier shall be the date of receipt. The effective date of any email notice to Subscriber shall be the next business day after the email is sent.