Legal

Terms of Service

Draft - pending attorney review

01

Acceptance of Terms

These Terms of Service (the "Terms") are a binding agreement between you and WhyUAscii LLC, a limited liability company organized under the laws of the State of Florida, United States ("WhyUAscii," "we," "us," or "our"). RescueShift is a product operated by WhyUAscii LLC; in these Terms, "RescueShift" means that service. By creating an account, installing the app, or using the service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference.

If you use RescueShift on behalf of a fire department, EMS agency, or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization. If you do not agree to these Terms, do not use RescueShift.

Department customers may also sign a separate Master Service Agreement (MSA) and Data Processing Addendum (DPA). Where a signed MSA or DPA exists, the order of precedence in that agreement controls.

02

Description of Service

RescueShift is a mobile-first shift-scheduling and tracking tool for fire and EMS personnel and the departments that organize them. It provides shift patterns and rotations, calendars and events, sign-up boards, trades, daily rosters, staffing views, training and certification tracking, and a read-only station display.

All accounts, including the free tier, are cloud-synced, so your schedule is saved on our servers and available across your devices. Premium and Department plans add features such as family sharing and department management tools. We may add, change, deprecate, or remove features over time as the product evolves.

03

Not a Dispatch or Life-Safety System

RescueShift is a scheduling and record-keeping tool. It is NOT a 911 system, computer-aided dispatch (CAD) system, emergency alerting or paging system, or a system of record for mandated minimum staffing, apparatus readiness, or legal compliance. Do not rely on RescueShift for any life-safety, emergency-response, or time-critical operational decision.

You must not use RescueShift as the sole source of truth for minimum-manning compliance, NFPA or union staffing requirements, FLSA determinations, payroll, or any legal or regulatory obligation. Staffing decisions, coverage verification, minimum-manning compliance, and operational readiness remain the sole responsibility of department leadership, who must independently verify critical information through their authoritative systems and procedures.

Schedules, rosters, staffing indicators, and overtime or FLSA calculations shown in RescueShift are provided to assist your own processes and may contain errors, be incomplete, or be out of date. Always confirm coverage and compliance through your department's official channels.

RescueShift is likewise not a clinical, patient-care, or medical-records system. Do not enter patient information or health records into it. See the Acceptable Use section for the prohibition on Protected Health Information (PHI).

04

Eligibility and Accounts

You must be at least 16 years old, and old enough to form a binding contract where you live, to use RescueShift. RescueShift is intended for working fire and EMS personnel and the departments that employ or organize them. It is not directed to children.

You agree to provide accurate account information and to keep it current. Each account is for a single person; you may not share credentials or let others use your account. Department administrators are responsible for the members they invite and for managing member access and roles within their organization.

05

Account Security

Accounts are secured with email and password through Better Auth. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. We apply protections such as rate limiting and account lockout after repeated failed sign-in attempts, but no measure is perfect. Notify us at eddy@whyuascii.com immediately if you suspect unauthorized access to your account.

06

Subscriptions and Billing

RescueShift offers a free tier (ad-supported), a Premium plan, and Department plans.

Premium is $2.99 per month. On mobile it is sold as an in-app purchase through the Apple App Store or Google Play, with RevenueCat managing your entitlement; the app store is the seller of record and bills you. On the web, Premium is billed through Stripe with WhyUAscii LLC as the seller of record.

Department plans are flat monthly plans by crew size, billed on the web through Stripe with WhyUAscii LLC as the seller of record: Crew at $60 per month for up to 25 members, Station at $150 per month for up to 75 members, and Battalion at $350 per month for up to 200 members. Departments over 200 members should contact us. Annual billing is available at the equivalent of two months free. An optional self-serve per-seat option is available at $3 per active seat per month.

Current prices are shown on our Pricing page and at checkout and may change; we will give reasonable prior notice of a price change that affects your renewals. Subscriptions renew automatically until cancelled. Taxes may apply. Refunds and cancellations are governed by our Refund and Cancellation Policy.

07

Department Subscriptions and Responsibilities

A department that subscribes controls its roster and scheduling data and agrees to: manage member access and roles appropriately; provide any notices to and obtain any consents from its members that its own policies and applicable law require before entering their information into RescueShift; comply with its own agency policies and with applicable labor, employment, privacy, and public-records law; use overtime and FLSA features only as a convenience and not as a substitute for its own compliant payroll and timekeeping systems; and use RescueShift only for legitimate scheduling and workforce management.

RescueShift processes department roster data on the department's behalf and under its instructions, as described in the Privacy Policy and, where applicable, the Data Processing Addendum. The department is responsible for the accuracy and lawfulness of the data it enters.

08

Data Ownership and License

You keep ownership of your personal data: your shift patterns, calendar events, personal notes, and personal training records. A department's roster and schedule data belongs to the department. When you leave a department, you keep your personal data but lose access to department-specific data, and the department retains its roster records.

You grant us a limited, non-exclusive license to host, process, transmit, and display your content solely to operate and improve the service and to provide it to you and, where applicable, to your department. We do not sell your data and do not use your schedule or department data to build advertising profiles.

09

Acceptable Use

You agree not to: attempt to access another department's or another user's data; circumvent or probe role-based access controls, tenant isolation, or authentication; use the API or any automated means to extract data without authorization; scrape, resell, or sublicense the service; upload unlawful, infringing, or malicious content; interfere with, overload, or disrupt the service or its infrastructure; reverse engineer the service except to the extent that restriction is prohibited by law; or use RescueShift to violate any applicable law or the rights of others.

No patient or protected health information. RescueShift is for shift scheduling, rosters, staffing, and training-compliance tracking only. You and your department agree not to enter, upload, transmit, or store in RescueShift any patient records, patient-identifiable medical information, Protected Health Information (PHI) as defined under HIPAA, or any other data regulated as patient health information. RescueShift is not designed or authorized to receive such data, is not a HIPAA covered entity or business associate, and does not sign Business Associate Agreements (BAAs). You are solely responsible for any such data you input in violation of these Terms, and we may remove it and suspend or terminate your account.

Serious or repeated violations may result in suspension or termination of your account, with or without notice.

10

Intellectual Property

RescueShift, including its software, design, logos, and content we provide, is owned by WhyUAscii LLC and its licensors and is protected by intellectual-property laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable license to use the service for its intended purpose. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

11

Third-Party Services

RescueShift relies on third parties including the Apple App Store and Google Play, RevenueCat, Stripe, Amazon Web Services, Resend, PostHog, Expo Push (which delivers through Apple and Google push services), Supabase, and, on the free tier only, Google AdMob and AdSense. Your use of app-store and payment services is also subject to those providers' terms. We are not responsible for third-party services we do not control, or for their acts or omissions.

12

Disclaimer of Warranties

To the fullest extent permitted by law, RescueShift is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, or error-free, that data will be accurate or preserved, or that defects will be corrected. Any material you rely on from the service is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13

Limitation of Liability

To the fullest extent permitted by law, WhyUAscii LLC and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or for any staffing gap, coverage gap, missed shift, scheduling error, overtime or FLSA miscalculation, or operational outcome, arising out of or relating to your use of, or inability to use, the service, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or relating to the service or these Terms will not exceed the greater of (a) the amount you actually paid us for the service in the twelve months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). For users of the free tier, this cap is one hundred U.S. dollars ($100).

These limitations are an essential basis of the bargain and apply regardless of the theory of liability. Some jurisdictions do not allow certain limitations, so some of these may not apply to you; in that case our liability is limited to the smallest extent permitted by law.

14

Indemnification

You agree to defend, indemnify, and hold harmless WhyUAscii LLC and its owners, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your content, your use or misuse of the service, your violation of these Terms or applicable law, or, for department customers, your handling of member data and your staffing, compliance, and operational decisions.

15

Suspension and Termination

You may stop using RescueShift and delete your account at any time from Settings, then Account, then Delete Account, or through the public account-deletion page. We may suspend or terminate access, in whole or in part, for violations of these Terms, to comply with law, or to protect the service or its users. On termination, your right to use the service ends. Provisions that by their nature should survive termination (including Data Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution) will survive. Data handling after termination is described in the Privacy Policy and, for departments, the Data Processing Addendum.

16

Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. Except where prohibited by law, you and WhyUAscii LLC agree that any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts. Before filing any claim, you agree to first contact us at eddy@whyuascii.com and attempt in good faith to resolve the dispute informally for at least thirty days. Nothing in this section limits any non-waivable rights you may have under the law of your place of residence.

17

Changes to These Terms

We may update these Terms as the service evolves. When we make material changes we will update the date above and, for account holders, provide notice by email or in the app. Continued use after an update takes effect means you accept the revised Terms. If you do not agree, stop using the service and, if applicable, cancel your subscription.

18

Contact

Questions about these Terms? Email eddy@whyuascii.com. For general product support, contact support@rescueshift.com.