1. Agreement and eligibility
These Commercial Terms of Service ("Terms") form a contract between the person accepting them ("you") and YourEMR LLC ("YourEMR," "we," "us," or "our"). You must be at least 18 years old and legally able to enter a contract to create or control an Account.
By creating an Account, purchasing a Paid Plan or Physical QR or NFC Product, or otherwise using the Service, you agree to these Terms and the policies presented with them. If you do not agree, do not use or purchase the Service.
2. What YourEMR is - and is not
YourEMR is a consumer emergency-information organizer and communication aid. It can help a user organize information and optionally display selected information in an Emergency View, printout, Public Link, or QR or NFC Product.
YourEMR is not a healthcare provider, emergency dispatch or monitoring service, official medical record, patient portal, pharmacy, insurer, medical device, diagnosis or treatment service, or substitute for 911, EMS, clinicians, medication labels, device instructions, official records, or professional judgment.
3. Accounts and security
Provide accurate Account information, protect your credentials, use multi-factor authentication when offered, and promptly report suspected unauthorized access. You are responsible for activity you authorize under your Account. Do not email health information, passwords, payment-card data, identity documents, or Public Links.
4. Profiles for other people
You may create or manage a Profile for another person only if you are the Profile subject, the parent or legal guardian of a child or dependent, have the competent adult's permission, or otherwise possess lawful authority. You represent that your authority is current and agree to stop managing or sharing the Profile when it ends.
YourEMR uses the tiered verification process in Document 13. Routine documentation is not required for every other-person Profile. YourEMR may require secure, minimized proof for a non-parent guardian, an incapacitated person, a deceased person, conflicting claims, or another material risk. Healthcare powers of attorney and similar instruments must be current, effective, and broad enough for the requested action.
5. User content and accuracy
You control the information you enter and must review it for accuracy and currency. YourEMR does not independently verify medications, allergies, conditions, contacts, documents, care preferences, or other user-entered information.
You retain rights in your content. You grant YourEMR a limited, nonexclusive license to host, format, transmit, display, print, and otherwise process it only to provide, secure, support, and fulfill the Service; comply with law; and enforce these Terms.
6. Public Links, QR, and NFC sharing
Public sharing is optional and requires separate affirmative consent. Anyone who possesses an active Public Link, scans a QR Product, or taps an NFC Product may view the selected information without signing in and may copy, photograph, forward, retain, or redistribute it.
Review the final Emergency View before activation and after material changes. Deactivation or rotation stops future access through the old token or NFC chip after systems update, but cannot recall copies outside YourEMR. No scan, tap, connection, availability, viewer, or responder action is guaranteed.
7. Paid Access and renewal
Each Paid Plan is a one-time purchase that provides twelve months of access, beginning at the successful payment timestamp. There is no automatic renewal, subscription, or recurring billing, and no charge will result merely from your failure to cancel anything, because nothing recurs. Your payment method will not be charged again unless you affirmatively purchase another term. Current prices, included Profile counts, expiration, the post-expiration grace period, data retention, and manual repurchase terms are stated in Document 02 and at checkout.
All launch Paid Plans include the same features; only Profile capacity differs. Physical QR and NFC Products are not included unless a specific checkout offer expressly says otherwise. They are separate one-time purchases under Documents 06 through 08.
8. Free resources, examples, and translations
Face sheets, checklists, scenario content, airway or tracheostomy materials, downloads, demos, and translations are general organization and preparedness resources. They are not individualized medical instructions. AI- or machine-assisted translations may contain material errors and are not certified, official, or clinically verified.
9. Acceptable use
You must comply with Document 14. Prohibited conduct includes impersonation, unauthorized Profiles, knowingly false emergency information, malicious link exposure, harassment, infringement, malware, credential sharing, fraud, security bypass, scraping, disruption, or use of YourEMR as an unapproved regulated clinical service.
10. Suspension and termination
YourEMR may restrict affected features when reasonably necessary for security, unlawful use, disputed authority, failed payment, fraud, or material breach. When practical, we will give notice and an opportunity to cure. Security action may be immediate and should be no broader than reasonably necessary.
You may stop using the Service or request deletion. Because Paid Plans do not renew automatically, there is no renewal to cancel; a term simply expires as described in Document 02. Lawful retention of transaction, consent, incident, fraud, dispute, and legal-hold records may continue.
11. Intellectual property and feedback
YourEMR software, design, branding, and original materials are protected by applicable law. These Terms grant a limited right to use the Service, not ownership. Feedback may be used without identifying you or disclosing Consumer Health Data.
12. Privacy
The Privacy Policy and Consumer Health Data Privacy Notice explain collection, use, sharing, retention, rights, and security. Public Link consent is separate from ordinary Profile processing. YourEMR does not sell Consumer Health Data or use it for targeted advertising.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUREMR DOES NOT WARRANT THAT INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, AVAILABLE, SECURE FROM EVERY THREAT, SCANNABLE OR TAPPABLE IN EVERY CONDITION, OR USED BY ANY RESPONDER. THIS DOES NOT EXCLUDE EXPRESS WARRANTIES OR NONWAIVABLE RIGHTS.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUREMR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. FOR A CLAIM ARISING FROM A PAID PLAN OR PHYSICAL QR OR NFC PRODUCT, YOUREMR'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE AFFECTED PLAN OR PRODUCT DURING THE TWELVE MONTHS BEFORE THE EVENT. FOR A CLAIM ARISING SOLELY FROM FREE USE, FREE CONTENT, A DEMO, OR AN UNPAID FEATURE, YOUREMR'S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
These limits do not apply where prohibited, including as applicable to fraud, willful misconduct, gross negligence, personal injury or wrongful death caused by legally actionable conduct, certain privacy or security obligations, or nonwaivable consumer remedies.
15. Indemnification
To the extent permitted by law, you will defend and indemnify YourEMR from third-party claims arising from your unlawful content, knowing lack of authority, infringement, fraud, or material misuse. This duty does not apply to the extent a claim results from YourEMR's own negligence, breach, unlawful conduct, security failure, or misrepresentation. YourEMR will promptly notify you of a covered claim, allow you to control the defense with reasonably acceptable counsel, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by, imposes a nonmonetary obligation on, or fails to fully release YourEMR without YourEMR's written consent.
16. Governing law and dispute resolution
South Carolina law governs these Terms without depriving a consumer of mandatory protections of the consumer's home jurisdiction.
Except for the small-claims option and the excluded claims described below, you and YourEMR agree to resolve a Claim through binding, individual arbitration administered under the American Arbitration Association's Consumer Arbitration Rules then in effect, rather than in court. Either party may instead bring an individual Claim in small-claims court if the Claim qualifies for that court. "Claim" means a dispute, claim, or controversy arising out of or relating to these Terms, the Service, a Paid Plan, or a Physical QR or NFC Product.
Arbitration under this section proceeds on an individual basis only. Neither party may bring a Claim as a plaintiff or class member in a purported class, consolidated, or representative action, and the arbitrator has no authority to conduct a class, consolidated, or representative arbitration.
This section does not require arbitration of, and does not waive, your right to seek public injunctive relief in any forum where applicable state law does not permit that right to be waived. It also does not apply to a claim of gross negligence, willful misconduct, or bodily injury alleged to have been caused by YourEMR's own error, which may be brought in the courts identified below regardless of this section.
YourEMR will pay the arbitration filing fee and any additional administrative or arbitrator fees for a Claim you bring seeking less than $10,000, unless the arbitrator determines the Claim is frivolous. Each party otherwise bears its own attorney's fees except as the applicable arbitration rules or law provide.
If you do not want this arbitration section to apply to you, you may opt out by sending written notice to YourEMR LLC, Attn: Arbitration Opt-Out, 2734 Beaver Run Blvd, Suite B #421, Surfside Beach, SC 29575 within thirty calendar days after you first accept these Terms, stating your name, Account email, and that you opt out of arbitration. Opting out of this section does not affect any other part of these Terms.
For a Claim that is not subject to arbitration under this section, courts of competent jurisdiction in Horry County, South Carolina will have nonexclusive jurisdiction.
17. Changes, notices, and contact
Material changes will receive advance notice and renewed consent when required. A change does not retroactively create a charge. Contact YourEMR LLC at support@youremr.net and YourEMR LLC, 2734 Beaver Run Blvd, Suite B #421, Surfside Beach, SC 29575.
18. Third-party services
The Service may depend on hosting, authentication, storage, payment, email, printing, fulfillment, shipping, and other third-party services. Their availability and separate terms may affect a feature. YourEMR remains responsible for its own obligations and will not use this section to waive nonwaivable consumer rights or duties concerning its processors.
19. Service changes and discontinuation
YourEMR may improve, replace, suspend, or discontinue a feature for security, legal, operational, or product reasons. When a material change adversely affects a paid feature, YourEMR will provide reasonable advance notice when practicable and any refund or remedy required by law or the applicable Policy. YourEMR will not materially reduce an already-paid twelve-month term merely to avoid providing the purchased service.
20. Events outside reasonable control
Neither party is responsible for delay caused by events outside its reasonable control, such as widespread network, cloud, carrier, utility, natural-disaster, government, or labor disruptions, provided the affected party uses reasonable efforts to reduce the impact. This section does not excuse payment already due, required privacy or incident response, product delay notices, refunds, or obligations that law does not permit the parties to waive.
21. Assignment
You may not transfer an Account or these Terms without YourEMR's written consent. YourEMR may assign these Terms as part of a merger, financing, reorganization, sale of substantially all relevant assets, or change of control only if the successor assumes the applicable obligations and handles personal information consistently with the Privacy Policy and law. A transfer that materially changes Consumer Health Data processing will receive notice and consent when required.
22. General terms
These Terms and the incorporated policies are the entire agreement about the Service and replace prior agreements on the same subject. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions continue. Failure to enforce a provision is not a waiver. Headings are for convenience. Sections concerning ownership, authorized processing, payment records, disclaimers, liability, indemnification, disputes, legal holds, and any provision that by its nature should continue survive termination.
No amendment by a customer support communication is effective unless made through an authorized written process. If a translated version conflicts with the English version, the English version controls to the extent permitted by law.