Terms of Use

Using SizeUpIQ

These Terms of Use govern access to and use of SizeUpIQ, including its website, applications, Scenario Library, Scenario Exchange, Scenario Builder, assessments, reporting, organization features, media features, integrations, and other services made available through the platform. SizeUpIQ is operated by SizeUpIQ.

By creating an account, accepting an invitation, accessing an organization workspace, publishing or uploading content, or otherwise using SizeUpIQ, you agree to these Terms. If you use SizeUpIQ on behalf of an organization, agency, department, academy, employer, or other entity, you represent that you are authorized to use the service on its behalf and that your use will comply with that organization's applicable policies and requirements.

Training, operational safety, and professional judgment

SizeUpIQ is an education, training, practice, assessment, and organizational-development platform. It is not an emergency-response system, dispatch system, incident command system, operational decision-support system, medical device, legal service, certification authority, or substitute for qualified instruction, department or agency training, standard operating procedures or guidelines, medical direction, professional judgment, applicable standards, or conditions encountered during an actual incident.

Scenarios necessarily simplify, simulate, or omit real-world conditions. A scenario, answer, score, recommendation, explanation, animation, image, video, AI-generated suggestion, or other material available through SizeUpIQ should never be treated as authoritative instructions for an actual emergency or other safety-critical situation.

Users and organizations are solely responsible for determining whether any training content is accurate, appropriate, lawful, current, and consistent with their own policies, procedures, training objectives, operational environment, applicable standards, and governing law before using or assigning that content.

SizeUpIQ should not be consulted or relied upon while making decisions during an actual emergency, incident, patient encounter, law-enforcement action, or other safety-critical operation.

Assumption of risk

Public-safety training and operational subject matter inherently involve risks. You understand and agree that your use of SizeUpIQ, and your use of or reliance upon any scenario, media, assessment, score, report, recommendation, community contribution, or other content available through the service, is at your and your organization's own risk.

You and your organization remain responsible for training decisions, operational readiness, supervision, instruction, policy development, personnel decisions, and any actions taken or not taken as a result of information encountered through SizeUpIQ.

To the maximum extent permitted by law, SizeUpIQ and its operator do not assume a duty of care regarding your organization's operational practices, training sufficiency, emergency response, certification, compliance, personnel readiness, or decisions made outside the service.

Accounts and organizations

You are responsible for providing accurate account information, safeguarding account credentials, securing devices used to access SizeUpIQ, and promptly reporting suspected unauthorized access.

Organization owners and administrators are responsible for membership, invitations, roles, permissions, assignments, organization-owned content, organization settings, and lawful use of SizeUpIQ within their organization.

An organization is responsible for determining who may access its information and for ensuring that its administrators and members have appropriate authority to upload, share, review, or use information through the service. Do not share accounts or circumvent account, organization, role, capability, security, or entitlement controls.

User content and uploaded media

You may create, submit, upload, publish, or otherwise provide scenarios, photographs, illustrations, video, audio, documents, assessments, answers, comments, ratings, organization information, feedback, and other material through SizeUpIQ.

SizeUpIQ does not acquire ownership of user-created or user-uploaded content merely because it is uploaded to or stored through the service. You retain whatever ownership rights you lawfully hold.

SizeUpIQ generally does not pre-screen, authenticate, investigate, approve, or verify the origin, copyright status, releases, accuracy, safety, legality, or suitability of user-uploaded media or other user content. The availability of content through SizeUpIQ does not mean that SizeUpIQ owns, endorses, verifies, licenses, approves, or accepts responsibility for that content.

You are solely responsible for content you upload, publish, distribute, or make available through SizeUpIQ. You represent and warrant that you own the content you provide or have obtained all licenses, permissions, consents, releases, and other rights necessary to upload it and to grant the rights required for the intended use of the service.

You may not upload, publish, share, distribute, or incorporate copyrighted photographs, video, audio, illustrations, documents, training materials, trademarks, proprietary materials, or other protected content unless you own the applicable rights, have sufficient permission or licensing, the material is in the public domain, or another lawful basis permits the specific use.

You are also responsible for obtaining any required privacy, publicity, property, model, patient, victim, employee, agency, photographer, or other permissions associated with content you provide.

Unless SizeUpIQ has expressly agreed in writing that a particular service is intended to process such information, do not upload protected health information, patient information, Social Security numbers, financial credentials, criminal-justice-controlled information, confidential investigative material, passwords, authentication secrets, or other information subject to specialized legal or security-handling requirements.

You grant SizeUpIQ a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, transmit, display, convert, back up, and otherwise use your content as reasonably necessary to operate, secure, maintain, support, and provide the service and the features you choose to use.

Scenario Exchange and community content

Scenario Exchange contains scenarios and related material created or shared by users and organizations. Community content is not authored, certified, vetted, endorsed, or guaranteed by SizeUpIQ merely because it appears on Scenario Exchange. Content may contain errors, omissions, outdated practices, locally inappropriate procedures, inaccurate assumptions, or material unsuitable for another organization's circumstances.

Users and organizations must independently review Scenario Exchange content before using it for instruction, assessment, assignment, policy development, or other training purposes.

When you intentionally publish a scenario to Scenario Exchange for sharing with other users, you grant SizeUpIQ a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, distribute, make available, copy, and modify the shared scenario and associated material as reasonably necessary to operate Scenario Exchange and enable the viewing, use, copying, importing, and modification functions offered by the platform. This license continues to the extent reasonably necessary to preserve copies previously created by authorized recipients through those features.

You represent that you have authority to grant those rights for the scenario and for every photograph, video, audio file, illustration, attachment, or other asset included with it.

Where SizeUpIQ permits another user or organization to copy a shared scenario into its own workspace, the resulting copy may be edited and used by that recipient in accordance with the functionality and permissions of the service. Removing the original scenario from future Exchange availability does not necessarily remove copies that other authorized users previously created through the service.

SizeUpIQ may remove, restrict, disable, or investigate community content when reasonably necessary to address legal complaints, intellectual-property concerns, safety concerns, abuse, security issues, or violations of these Terms.

Copyright complaints and takedown requests

SizeUpIQ respects intellectual-property rights and prohibits users from knowingly using the service to infringe the rights of others.

If you believe material available through SizeUpIQ infringes a copyright you own or are authorized to enforce, send a copyright or takedown notice to legal@mail.sizeupiq.com.

A copyright notice should identify the copyrighted work claimed to have been infringed; identify the material claimed to be infringing and provide enough information for SizeUpIQ to locate it; provide the complaining party's contact information; state that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; state that the information in the notice is accurate and that the sender is authorized to act for the copyright owner; and include a physical or electronic signature.

SizeUpIQ may remove or disable access to material in response to a sufficiently supported complaint and may notify the user who supplied the material. Where applicable, an affected user may submit a legally sufficient counter-notification.

SizeUpIQ may suspend or terminate accounts of users who repeatedly infringe intellectual-property rights or repeatedly upload material they are not authorized to use. SizeUpIQ reserves the right to remove content independently when it has a reasonable basis to believe the content violates law, these Terms, or the rights of another person.

Training results, assessments, analytics, and personnel decisions

Scores, reports, analytics, reviews, recommendations, rankings, and other results generated through SizeUpIQ are training information only.

SizeUpIQ does not determine whether a person is qualified, certified, competent, fit for duty, medically fit, suitable for employment, compliant with law or policy, or appropriate for promotion, discipline, termination, credentialing, or any other high-impact decision.

Organizations determine how training information is interpreted and used and are responsible for providing appropriate human review, due process, policy controls, and other safeguards applicable to their decisions. SizeUpIQ should not be used as the sole basis for an employment, disciplinary, credentialing, certification, medical, legal, or similarly significant decision.

AI-assisted features

When AI-assisted features are available and you choose to use them, instructions and relevant content may be processed by configured artificial-intelligence service providers.

AI-generated material may be incorrect, incomplete, misleading, outdated, unsafe, or inappropriate for a particular organization or situation. AI output is a drafting and assistance tool and is not authoritative training guidance.

A qualified person must review AI-generated material before it is published, assigned, relied upon, or otherwise used. You are responsible for ensuring that information submitted to AI-assisted functionality may lawfully be processed in that manner.

Third-party services

SizeUpIQ may depend upon third-party services for hosting, infrastructure, content delivery, email, identity, artificial intelligence, payment processing, storage, diagnostics, security, or other functions.

Those services are outside SizeUpIQ's direct control and may experience outages, vulnerabilities, changes, errors, security incidents, or discontinuation. SizeUpIQ is not responsible for a third party's independent acts, omissions, terms, policies, security practices, or availability except to the extent responsibility cannot lawfully be excluded.

Security, cyberattacks, data loss, and service availability

SizeUpIQ uses administrative, technical, and operational safeguards intended to protect the service and information processed through it. No website, network, software system, cloud service, transmission method, authentication system, or storage environment can be guaranteed to be completely secure or continuously available.

By using an internet-based service, you acknowledge risks including unauthorized access, credential theft, malware, ransomware, denial-of-service attacks, software vulnerabilities, provider failures, data corruption, interception, accidental disclosure, unauthorized changes, and loss of data.

Users and organizations are responsible for using appropriate account-security practices, restricting permissions, protecting devices and credentials, maintaining appropriate copies of critical original content, and avoiding unnecessary submission of highly sensitive information.

SizeUpIQ may suspend access, restrict functionality, remove integrations, require credential resets, restore data from available backups, or take other actions when reasonably necessary to respond to security incidents or protect the service.

Nothing in these Terms eliminates any obligation SizeUpIQ may have under law to maintain legally required safeguards or provide legally required notice of a qualifying data breach.

Acceptable use

You may not use SizeUpIQ to violate law or the rights of others; infringe copyrights, trademarks, privacy, publicity, confidentiality, or other rights; upload material you do not have authority to use; distribute malware or malicious code; probe, scan, exploit, bypass, or interfere with security controls; gain unauthorized access to another account or organization; disrupt service availability; impersonate another person; scrape or extract protected information without authorization; misuse personal or confidential information; facilitate unlawful activity; or use the service in a manner reasonably likely to harm SizeUpIQ, its users, organizations, infrastructure, or third parties.

Security research or vulnerability testing may be performed only with SizeUpIQ's prior authorization.

Early Access and paid services

SizeUpIQ may provide features through free Early Access, beta access, private beta, paid subscriptions, add-ons, organization plans, or other commercial arrangements. Early Access and beta functionality may change, contain errors, be unavailable, or be discontinued. Features, limits, availability, and eligibility may change as the service develops.

When paid services are enabled, the prices, billing periods, renewal terms, usage limits, and additional terms presented at purchase apply. Payment-card credentials may be handled directly by the payment processor rather than stored by SizeUpIQ.

Service changes

SizeUpIQ may update, add, modify, restrict, suspend, or discontinue features, integrations, beta capabilities, plans, community content, or other portions of the service.

SizeUpIQ cannot guarantee uninterrupted, timely, secure, or error-free operation and may perform maintenance or emergency remediation when necessary. SizeUpIQ will use reasonable efforts to preserve compatibility and user information as the platform changes, subject to technical, security, legal, operational, and contractual requirements.

Disclaimer of warranties

To the maximum extent permitted by applicable law, SizeUpIQ and all content and services made available through it are provided "as is" and "as available."

SizeUpIQ disclaims all warranties and conditions that may lawfully be disclaimed, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security, reliability, availability, training effectiveness, operational suitability, and fitness for safety-critical use.

SizeUpIQ does not warrant that any scenario, community content, user content, media, score, report, AI output, recommendation, or other information is accurate, complete, current, appropriate for your organization, or consistent with your policies or applicable requirements.

Limitation of liability

To the maximum extent permitted by applicable law, SizeUpIQ, its operator, affiliates, owners, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for loss of profits, revenue, goodwill, business opportunity, data, training records, content, use, or expected savings, arising from or relating to SizeUpIQ.

This exclusion includes, to the extent permitted by law, damages arising from or relating to training decisions, operational reliance, bodily injury or property damage associated with actions taken outside the service, inaccurate or inappropriate user or community content, unauthorized access, disclosure or alteration of information, malware, ransomware, cyberattack, credential compromise, data loss, service interruption, third-party services, or inability to access the platform.

To the maximum extent permitted by law, the total aggregate liability of SizeUpIQ and its operator for all claims arising out of or relating to the service will not exceed the greater of (a) the amount you paid directly to SizeUpIQ for the applicable service during the twelve months immediately preceding the event giving rise to the claim or (b) US $100.

The exclusions and limits in this section apply regardless of the theory of liability and even if a party has been advised that damages are possible. Nothing in these Terms excludes or limits liability, remedies, consumer rights, data-breach obligations, or other responsibilities that applicable law does not permit to be excluded or limited.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless SizeUpIQ, its operator, affiliates, owners, officers, employees, contractors, licensors, and service providers from and against third-party claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, costs, and reasonable attorneys' fees arising out of or relating to your or your organization's use or misuse of SizeUpIQ; user content or uploaded media; publication or distribution of material through Scenario Exchange; alleged infringement or violation of intellectual-property, privacy, publicity, confidentiality, or other rights; violation of law or these Terms; account or organization administration; unauthorized disclosure of information; training or personnel decisions; or operational use or reliance contrary to the training and safety limitations stated in these Terms.

SizeUpIQ may assume control of the defense of a matter subject to indemnification, and you agree to provide reasonable cooperation. You may not settle a claim in a manner that admits liability by or imposes an obligation upon SizeUpIQ without SizeUpIQ's written consent. This section does not require indemnification to the extent such indemnification is prohibited by applicable law.

Suspension and termination

You may stop using SizeUpIQ at any time. SizeUpIQ may restrict, suspend, or terminate access when reasonably necessary because of a material violation of these Terms, unlawful conduct, repeated intellectual-property infringement, security risk, abuse, nonpayment when applicable, legal requirement, or discontinuation of the service.

SizeUpIQ may also remove or restrict access to individual content without terminating the underlying account. Provisions that by their nature should survive termination, including ownership provisions, licenses necessary for previously authorized uses, intellectual-property provisions, disclaimers, limitations of liability, indemnification, and dispute provisions, continue to apply.

Changes to these Terms

SizeUpIQ may revise these Terms as the service, applicable law, or business practices change. The published version and effective date identify the current Terms. When a revision is material, SizeUpIQ may require users to review and affirmatively accept the updated Terms before continuing normal account use.

Governing law and disputes

These Terms are governed by the laws applicable in State of Minnesota, United States of America, without regard to conflict-of-law principles and without overriding rights that cannot lawfully be waived.

If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure by SizeUpIQ to enforce a provision on one occasion does not waive the right to enforce it later.

These Terms, together with the Privacy Policy and any additional terms expressly applicable to a purchased service or integration, constitute the applicable agreement regarding use of SizeUpIQ.

Contact

Questions about these Terms, legal matters, or copyright complaints may be sent to legal@mail.sizeupiq.com.

Operator: SizeUpIQ.