Terms of Service
These Terms of Service govern access to and use of the OneTactiQ Command Platform provided by OneTactiQ, LLC. By accessing or using the platform, the subscribing agency and its authorized users agree to these terms and any applicable order form or written agreement.
1. Eligibility and Authority
The platform is intended for agencies, organizations, and authorized professional users. A person accepting these terms for an organization represents that they have authority to bind that organization.
2. Accounts and Authorized Use
- Agencies are responsible for approving users, assigning roles, and maintaining accurate account information.
- Users must protect their credentials and promptly report suspected unauthorized access.
- Accounts may not be shared or used by anyone other than the assigned user.
- Agencies are responsible for activity performed by their authorized users.
3. Operational and Emergency Use
OneTactiQ supports incident command, training, reporting, and related workflows. It is not a public safety answering point, emergency dispatch service, emergency communications carrier, or replacement for agency procedures, professional judgment, redundant communications, or legally required records systems.
Agencies remain responsible for operational decisions, verification of information, continuity plans, backups required by agency policy, and compliance with applicable public-safety requirements.
4. Agency Data
- As between OneTactiQ and the agency, the agency retains ownership of data it submits to the platform.
- The agency grants OneTactiQ permission to host, process, transmit, and display agency data as necessary to provide, secure, support, and improve the service.
- The agency is responsible for having a lawful basis to collect, use, and disclose data entered into the platform.
- Data handling is further described in the Privacy Policy.
5. Acceptable Use
Users may not:
- Use the platform unlawfully or violate the rights of others.
- Access another agency's data without authorization.
- Bypass access controls, probe for vulnerabilities outside the published security policy, or interfere with service operation.
- Upload malicious code or use the service to distribute harmful content.
- Reverse engineer or attempt to extract source code except where applicable law expressly permits it.
- Resell, sublicense, or provide the platform to unauthorized third parties unless allowed by a written agreement.
6. Service Changes and Availability
We may update the platform to improve functionality, security, reliability, or legal compliance. Maintenance, internet conditions, third-party services, emergencies, and events beyond reasonable control may affect availability. Any service levels or support commitments stated in an applicable written agreement control over this section.
7. Third-Party Services
The platform relies on third-party infrastructure and authentication providers. Their services may be governed by separate terms. OneTactiQ is not responsible for third-party services outside its reasonable control, but we select and manage providers in support of platform operation and security.
8. Fees and Subscription Terms
Fees, subscription periods, usage limits, renewal terms, and payment requirements are stated in the applicable order form or written agreement. Except as required by law or stated in that agreement, fees are nonrefundable.
9. Suspension and Termination
We may suspend access when reasonably necessary to address a security threat, unlawful use, material breach, nonpayment, or risk to the platform or others. We will use reasonable efforts to provide notice when circumstances permit. Termination rights and post-termination data handling are governed by the applicable written agreement and law.
10. Confidentiality
Each party will protect nonpublic information received from the other and use it only for the relationship covered by these terms. This obligation does not apply to information that is public through no breach, independently developed, lawfully received from another source, or required to be disclosed by law.
11. Intellectual Property
OneTactiQ and its licensors retain all rights in the platform, software, documentation, branding, and related technology. Except for the limited right to use the service during an active subscription, no rights are transferred to the agency or users.
12. Disclaimers
To the maximum extent permitted by law, the platform is provided "as is" and "as available." OneTactiQ disclaims implied warranties, including merchantability, fitness for a particular purpose, and noninfringement. We do not warrant uninterrupted or error-free operation or that platform output will satisfy every legal, operational, or evidentiary requirement.
13. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data. Any aggregate liability cap or exclusions stated in an applicable written agreement control. Where no written agreement states a cap, OneTactiQ's aggregate liability relating to the service will not exceed fees paid for the service during the twelve months preceding the event giving rise to the claim.
14. Indemnification
To the extent permitted by applicable law, the agency is responsible for claims arising from its unlawful use of the platform, agency data submitted without required authority, or a material violation of these terms by its users. Any different indemnification terms in an applicable written agreement control.
15. Dispute Resolution; Binding Arbitration; Class Action Waiver
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these terms or the platform will be resolved first through good-faith informal discussions between the parties. If the dispute is not resolved within a reasonable time, either party may elect to resolve the matter by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, unless the parties agree to another provider or forum in writing.
The parties waive the right to a jury trial and waive participation in any class, consolidated, representative, or private attorney general proceeding to the fullest extent allowed by law. Either party may seek temporary or injunctive relief in a court of competent jurisdiction to protect confidential information, prevent unauthorized access, protect intellectual property, or preserve the status quo pending arbitration. Claims that may not lawfully be arbitrated, including matters that belong in small claims court, may be brought in that court instead.
16. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including internet outages, cloud or infrastructure failures, telecommunications issues, acts of God, labor disputes, civil unrest, government action, or emergencies.
17. Assignment
Neither party may assign these terms without the other party's prior written consent, except that OneTactiQ may assign or transfer these terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all related assets.
18. Severability and Waiver
If any provision of these terms is held unenforceable, the remaining provisions remain in effect. A failure to enforce any provision does not waive the right to enforce it later.
19. Governing Agreement
If these terms conflict with an executed order form, master services agreement, data processing agreement, or other written agreement between OneTactiQ and the agency, that written agreement controls for the conflict. Governing law and dispute procedures are those stated in the applicable written agreement.
20. Changes to These Terms
We may update these terms periodically. We will post the revised terms on this page with a new effective date. Material changes apply as permitted by the applicable written agreement and law.
21. Contact
Questions about these terms may be sent to [email protected].