Terms of Service
Effective Date: September 1, 2024
This Terms of Service applies to users of the Emcomm Assistant App. This App is restricted to certain members of the Amateur Radio Emergency Service (ARES) and beta testers for the App while it is under development.
By downloading, installing, or using this App, you agree to comply with and be bound by the following Terms of Service ("Terms"). Please read these Terms carefully before using the App.
By accessing or using Emcomm Assistant, you agree to abide by these Terms. If you do not agree with these Terms, you should not use the App and are required to delete any copies of the App or supporting files that you may have received.
Emcomm Assistant is designed to facilitate communication and coordination between FCC licensed amateur radio operators and ARES participants during exercises, events, and for emergency communications. The App collects and shares information among participants to enhance awareness and usage of radio frequency (RF) communication capabilities. Logs are maintained of stations that participate. This App generates specific forms, with geolocation information, that are used to transmit digital radio messages. Information transmitted is encoded, but not encrypted.
Please note that Emcomm Assistant is in beta development. As such, the App may contain bugs, errors, and unfinished features. Users are encouraged to report any issues encountered. Emcomm Assistant is not liable for any interruptions, inaccuracies, or malfunctions experienced during use of the beta version.
To use Emcomm Assistant, you must:
Be an FCC licensed amateur radio operator and a registered participant with ARES, or a credentialed member of an Emergency Management Agency Auxiliary Communication Service.
Receive authorization from a section or assistant section emergency coordinator as having a legitimate need and the required equipment and training.
Provide accurate, current, and complete information when using the App.
Not use the App for any unlawful or unauthorized purpose.
As a user of Emcomm Assistant, you agree to:
Use the App in accordance with applicable laws and regulations.
Refrain from sharing inaccurate, false, or misleading information.
Respect the privacy and communication of other users.
Not engage in any activity that may disrupt or interfere with the functionality of the App, including but not limited to transmitting malicious software or hacking attempts.
Follow applicable FCC regulations, ARES protocols, and Emergency Management Agency guidelines if using the App for actual emergency communications.
The App allows users to share Personal Information (such as Name, Call Sign, and Grid Location) with other participants to facilitate communication during exercises. By using the App, you consent to the sharing of your information with:
FCC Licensed Amateur Radio Operators participating in communication exercises.
ARES District and Section Emergency Coordinators for coordination and management purposes.
We take data security seriously and will take appropriate measures to safeguard your information. For more details, please review our Privacy Policy.
Logs, geolocation data, and personal information will be retained for the duration necessary to fulfill the App’s purpose and comply with legal and regulatory requirements. You can request deletion of your data by contacting us, subject to applicable legal obligations.
While Emcomm Assistant encodes data for transmission, it does not encrypt messages. Users are advised to exercise caution when transmitting sensitive information, as transmissions may be accessible to unintended parties.
Emcomm Assistant reserves the right to modify, suspend, or discontinue the App or any part thereof, at any time without notice. We may also update these Terms from time to time. Continued use of the App after changes to the Terms constitutes your acceptance of the new Terms.
We reserve the right to terminate or suspend your access to the App at any time if we believe that you have violated these Terms or engaged in unauthorized or harmful activity within the App.
To the fullest extent permitted by law, Emcomm Assistant, its developers, and affiliates will not be liable for any damages, including but not limited to:
Indirect, incidental, special, or consequential damages arising from the use or inability to use the App.
Any errors or omissions in the information shared through the App.
Damage to user equipment, data loss, or failures caused by the use of the App, including device malfunctions, software conflicts, or data transmission issues.
You use the App at your own risk, and you are solely responsible for your communications and interactions with other users.
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, USA, without regard to its conflict of law principles. Any legal action or proceeding related to your use of the App shall be brought exclusively in a state or federal court located in Hawaii.
If you have any questions or concerns regarding these Terms, you can contact us at:
Tony Kitchen
Email: tonykitchen808@gmail.com