RowFin Terms of Service

1. Who these Terms are between

These Terms of Service ("Terms") are an agreement between you and RowFin Applications LLC, a Georgia limited liability company ("RowFin Applications", "we", "us"). They govern your use of the RowFin application for iPad and everything in it (the "App").

By tapping I understand and agree when the App first opens, or by using the App, you accept these Terms. If you use the App for or on behalf of a fire department, EMS service, law-enforcement agency, company or other organisation (your "agency"), you confirm that you have the authority to accept these Terms for it, and "you" includes your agency. If your agency is a government body, section 9 also applies.

The App is a professional tool for trained responders and planners. It is not directed at children. If you do not agree to these Terms, do not use the App.

2. What RowFin is

RowFin is a planning, pre-planning and visual reference tool. It replaces a whiteboard and a binder. With it you can:

• import a map, calibrate it, draw on it and shape its ground;
• build preplans of the buildings and sites you protect: levels, walls, doors, roofs, terrain, systems and contents;
• place rigs, equipment, hazards and structures from the Warehouse catalogue, and file rigs at assignment locations;
• draw protocols as boxes, gates and lines, and run one as a checklist;
• keep a Log Book of typed and dictated entries, and a Library of your own documents;
• share any of it as a file, by AirDrop or the Files app, with the people you choose.

Everything you make is stored on your iPad. RowFin Applications runs no server for the App and never receives your content. The Guide inside the App describes every feature as built.

3. What RowFin is not

RowFin is a planning and reference aid only. It is not a command-and-control system, a computer-aided dispatch (CAD) system, an alarm, a personnel-accountability or location-tracking system, a hazard detector, or a certified safety system of any kind.

In particular, the App:

• cannot call for help — it is not a way to reach 911, 119 or any emergency service, and no part of it sends a message to anyone;
• does not receive or send live data of any kind — no radio, CAD, GPS, sensor, alarm, weather or hydrant feed;
• shows only what a person typed, drew, placed or imported, which may be incomplete, out of date or wrong;
• does not know where any person, rig or hazard actually is; a rig on the map is a marker someone put there;
• does not replace, satisfy or override any law, regulation, standard, agency protocol, standard operating procedure or incident-command requirement;
• does not give professional, engineering, medical, legal or safety advice; the Warehouse catalogue, hazard bodies, terrain and any reference material are illustrations, not specifications or measurements of the real thing;
• is not a substitute for direct communication, command authority, training or the situational awareness you gain on scene.

No decision that could affect a person's life, health or property should be made on the strength of what RowFin shows alone.

4. Your responsibilities

You agree that you will:

1. use the App only within your training, your agency's policies and the law;
2. verify anything the App shows against authoritative sources before you act on it;
3. treat the App as one input among many, never as the sole or primary basis for an operational decision;
4. keep your own backup of preplans, workspaces and anything else you cannot afford to lose — the App's EXPORT writes a backup file, and keeping it is your job;
5. keep your iPad, its passcode and any RowFin profile codes secure, and understand that the App's passcode lock is a convenience, not a security certification;
6. keep the recovery code the App shows when you turn its lock on: a forgotten code can be recovered only with it, and RowFin Applications cannot reset or recover any code, profile or content;
7. bring into the App only content you have the right to use — maps, images, documents and plans — and respect the rights of whoever owns it;
8. not reverse-engineer, decompile, modify, resell or redistribute the App, and not use it in any way that breaks the law or these Terms.

5. Assumption of risk

Emergency response and the planning for it carry inherent risk. You acknowledge that you are a trained professional (or are supervised by one), that you exercise your own judgement in every operational decision, and that RowFin Applications has no way to see, verify or control how the App is used during any incident, drill or planning session. You accept the risk that information in the App may be incomplete, out of date or wrong, and you take responsibility for any use of the App in an operational setting.

6. Your content, your data, and the files you share

Everything you create in the App — maps, preplans, drawings, terrain, protocols, Log Book entries, Library documents, profiles and settings — is yours. RowFin Applications claims no rights in it and never receives it.

You are responsible for what you put in the App. Preplans and Log Book entries can contain addresses, names, floor plans, and other information about people and premises; handling that information lawfully, and deciding whom to share a file with, is your responsibility and your agency's.

A share file or a backup file the App writes is an ordinary file, not encrypted by the App: anyone who has it can open it in RowFin. Choose where you send it, and expect whoever receives it to handle what is in it under their own policies, not ours.

Your content lives only on your iPad. If the iPad is lost, reset, or the App is deleted, your content is gone unless you kept a backup. RowFin Applications keeps no copy and cannot recover it. Your iPad's own backups — iCloud Backup or a backup to a computer — include the App's content unless the App's lock is on, which leaves it out; those backups are Apple's or your computer's, under their terms.

Our Privacy Policy, at rowfinapplications.com/privacy and under SETTINGS in the App, describes what the App does and does not do with data. It is part of these Terms.

7. Apple services inside the App, and other third-party terms

Two features use Apple's own services on your device, each under Apple's terms and privacy policy, not ours: the Log Book's dictation uses Apple's on-device speech recognition; the Japanese ⇄ English drafts use Apple's translation framework, after a one-time download of Apple's language pack that you start. Each can be left unused. Machine drafts and dictation may be wrong — check them.

When you use the App you must comply with the third-party terms that apply to it — Apple's terms for the App Store and for its services, and the terms of whoever owns any map, document or image you bring in. A map you import is yours to use only as its owner allows; the App does not check, and a map's accuracy and age are its owner's, not ours.

8. Licence, and Apple's terms

The App is licensed to you, not sold, under Apple's Licensed Application End User License Agreement (the "Apple EULA"). These Terms add to the Apple EULA. If the two conflict about the licence itself, the Apple EULA controls; on everything else, these Terms control.

Your licence is limited, non-exclusive and non-transferable: you may use the App on Apple-branded devices that you own or control, as the App Store's usage rules permit (including Family Sharing or volume purchasing where they apply).

RowFin Applications alone is responsible for any maintenance and support of the App, to the extent stated here or required by law; we offer support by email at the address in section 19, with no promised response time. Apple has no obligation to furnish any maintenance or support for the App.

You and we acknowledge, as Apple requires, that:

1. these Terms are between you and RowFin Applications only, not Apple, and RowFin Applications, not Apple, is solely responsible for the App and its content;
2. if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price to you; beyond that, Apple has no warranty obligation whatsoever for the App;
3. RowFin Applications, not Apple, is responsible for addressing any claim by you or a third party relating to the App — including product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer-protection, privacy or similar laws — to the extent these Terms permit;
4. RowFin Applications, not Apple, is responsible for the investigation, defence, settlement and discharge of any claim that the App infringes a third party's intellectual property;
5. you represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties;
6. you must comply with applicable third-party terms of agreement when using the App (section 7);
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

9. Government users, and export

The App and its documentation are "commercial items", "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. A United States Government agency — civilian or Department of Defense — acquires the App with only the rights set out in these Terms and the Apple EULA, and no greater rights. An agency that needs more must agree it with us in writing.

If you are a state, local, tribal or foreign government body, or a U.S. Government agency, and your law forbids a term in these Terms — a governing-law or venue clause, an indemnity, a waiver — that term applies to you only to the extent your law allows, and the rest of these Terms still apply.

You will comply with all applicable U.S. export and sanctions laws, including the Export Administration Regulations and the regulations of the Office of Foreign Assets Control, and will not export, re-export or make the App available in breach of them.

10. Intellectual property

The App — its code, design, 3D models, catalogue, Guide text, artwork and documentation — belongs to RowFin Applications LLC and is protected by copyright and other laws. RowFin and the RowFin Applications name and mark are trademarks of RowFin Applications LLC. Nothing in these Terms gives you a right to use our trademarks or to copy any part of the App outside it. Apple, iPad, Apple Pencil and App Store are trademarks of Apple Inc.

If you send us a suggestion, you agree we may use it without owing you anything.

11. No warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Without limiting that, we do not promise that the App will meet your requirements, be uninterrupted, timely, secure or free of errors or data loss; that any defect will be corrected; or that the catalogue, hazard illustrations, terrain, map imagery, translations or dictation are accurate, current or complete.

Some jurisdictions do not allow some of these exclusions, so some may not apply to you; in those places they apply to the extent the law allows.

12. Limitation of liability

To the fullest extent the law allows:

(a) RowFin Applications LLC and its members, managers, employees and contractors are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of life, personal injury, property damage, loss of data, loss of use, or operational failure, arising out of or related to the App or your reliance on anything shown in it — however caused and under any theory of liability (contract, tort including negligence, strict liability or otherwise), even if we were told such damages were possible;

1. our total liability for all claims relating to the App, taken together, will not exceed the greater of the amount you paid for the App in the twelve months before the claim, or ten U.S. dollars (US $10);
2. these limits are an essential part of the bargain between you and us; the App would not be offered at its price without them.

Some jurisdictions do not allow the limitation of liability for death or personal injury caused by negligence, or for gross negligence or wilful misconduct, and some do not allow it toward consumers at all. Nothing in these Terms limits liability where the law does not allow it to be limited.

13. Indemnity

You (and, where you use the App for an agency, your agency) agree to defend, indemnify and hold harmless RowFin Applications LLC and its members, managers, employees and contractors from any claim, demand, loss, liability, damage or expense (including reasonable legal fees) brought by a third party and arising out of your use of the App, your content, any operational decision made with or without reference to the App, or your breach of these Terms or of any law. A government agency whose law forbids an indemnity gives it only to the extent its law allows.

14. Updates and changes

We may update the App at any time, and an update may add, change or remove features. We may also change these Terms. The current version is always at rowfinapplications.com/terms and in the App under SETTINGS. When a change matters to your rights or obligations, the App will ask you to read and accept the new Terms before you continue; otherwise, continuing to use the App after a change means you accept it.

15. Ending your use

You may stop using the App at any time by deleting it; your content goes with it unless you exported a backup first. We may end or suspend your licence if you materially breach these Terms. Sections 3, 5, 6, 9, 10, 11, 12, 13, 16 and 17 survive the end of these Terms.

16. Governing law, disputes and waivers

These Terms are governed by the laws of the State of Georgia, United States of America, without regard to its conflict-of-laws rules. If you have a dispute with us, write to us first at the address in section 19 and give us thirty days to try to resolve it. Any claim that is not resolved will be brought only in the state or federal courts located in Georgia, and you and we consent to their personal jurisdiction.

JURY TRIAL WAIVER. To the extent the law allows, you and we each give up any right to a trial by jury in any dispute about the App or these Terms.

NO CLASS ACTIONS. To the extent the law allows, a claim about the App or these Terms may be brought only in your own name and ours — not as a plaintiff or class member in any class, consolidated or representative proceeding.

If you are a government agency whose law forbids agreeing to another state's courts or law, or to either waiver, this section applies to you only to the extent your law allows.

17. General

These Terms, the Privacy Policy and the Apple EULA are the entire agreement between you and us about the App. If a court finds any part of these Terms unenforceable, that part is limited or removed to the minimum extent needed and the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor to our business. Headings are for convenience only.

18. Language

These Terms are written in English. The App may show a Japanese translation for convenience; if the two differ, the English version is the one that binds.

19. Contact

RowFin Applications LLC · 24 Stone Gate Ct., Pooler, Georgia 31322, USA · telephone 1-888-804-9830 · support@rowfinapplications.com · rowfinapplications.com