Terms of Service

Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the ICAware platform and related services provided by Southern Software, Inc. ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using ICAware, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

ICAware provides an incident command and emergency management platform that includes:

• Web-based incident management dashboard
• Mobile applications for iOS and Android
• Real-time mapping and GPS tracking
• Resource and personnel management
• ICS forms and documentation tools
• Notification and communication features

3. Account Registration

To use our services, you must:

• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Be at least 18 years old or have parental consent

You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services to harass, abuse, or harm others
• Reverse engineer or decompile our software
• Resell or redistribute our services without authorization

5. User Content

You retain ownership of content you submit to our services ("User Content"). By submitting User Content, you grant us a limited license to use, store, and process that content as necessary to provide our services.

You are responsible for ensuring you have the right to submit User Content and that it does not violate any laws or third-party rights.

6. Intellectual Property

The ICAware platform, including its software, design, logos, and documentation, is owned by Southern Software, Inc. and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except as expressly stated.

7. Payment Terms

If you purchase a subscription to our services:

• Fees are as specified in your subscription agreement
• Payment is due according to the billing cycle selected
• Fees are non-refundable except as required by law
• We may change pricing with reasonable notice

8. Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted access. We may temporarily suspend services for maintenance, updates, or circumstances beyond our control.

9. Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUTHERN SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Southern Software, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these Terms.

13. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your access if you violate these Terms or for any other reason with reasonable notice. Upon termination, your right to use our services ceases immediately.

14. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Moore County, North Carolina.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent.

17. Contact Information

If you have questions about these Terms, please contact us: