Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between MML Inc. d/b/a Memorial Media Links (“Memorial Media Links,” “we,” “us”) and the organization that creates or uses an Emergency Safety Planning account (the “Customer” or “you”). They govern the website at emergencysafetyplanning.com, the web application, the phone line, and every related feature (together, the “Service”).

Our Privacy Policy, Disclaimer and Call & SMS Terms are part of these Terms. By creating an account, clicking to accept, or using the Service, you agree to them. If you do not agree, do not use the Service.

The Service is for organizations, not for personal or household use. Each person who accepts these Terms represents that they are at least 18 years old and are authorized to bind the organization named on the account. If they are not authorized, they accept these Terms personally.

The Service helps an organization write, maintain and use an emergency operations plan organized on public federal guidance (FEMA CPG-101, NIMS and ICS), and includes a guided interview, plan documents, hazard-specific procedures, a roster and command chart, drills, equipment and building records, printable materials, and a feature that places automated calls and sends texts and emails to the Customer’s roster when the Customer starts an activation.

The Service is not an emergency service and is not legal or compliance advice. Read the Disclaimer; it describes limits that are central to this agreement. We may change, add or remove features over time. We will not remove a core feature you pay for during a paid period without notice.

The Customer controls who has access to its account and what role each person holds (for example, owner, administrator, editor or viewer). The Customer is responsible for all activity under its account, for keeping credentials confidential, and for removing access for people who leave. Tell us promptly at support@emergencysafetyplanning.com if you believe an account has been compromised.

A multi-site account may link several organizations. Each site remains its own account for data and access purposes, except that a site may elect to use another site’s command chart, in which case the people on that chart will be contacted during that site’s activations.

Some features are free, including the guided interview and reading your finished plan. Other features require a paid subscription. Current plans and prices are shown on our pricing page and at checkout.

• Recurring billing. Subscriptions renew automatically each billing period until cancelled. By subscribing you authorize us, through our payment processor Stripe, to charge your payment method for each period, plus applicable taxes.
• Per-building and add-on charges. Plans priced per building or per block of people are billed on the quantity in use. Adding a building or block may be charged immediately on a prorated basis; removing one is credited against a future invoice, subject to any plan minimum.
• Price changes.We may change prices for new subscriptions at any time. We will give at least 30 days’ notice before a price change applies to an existing subscription.
• Cancellation and refunds. You may cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or where we agree otherwise in writing.
• Late payment. If a payment fails we may suspend paid features after notice. Your plan documents remain readable and printable.
• Taxes. Prices exclude taxes unless stated. You are responsible for taxes other than taxes on our income. Tax-exempt organizations must provide documentation.

As between the parties, the Customer owns the plans, roster entries, documents, recordings, drawings and other content it or its users put into the Service (“Customer Data”). The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, and as described in the Privacy Policy. We do not sell Customer Data.

The Customer is responsible for the accuracy of Customer Data and for having the right to provide it, including any notice or consent required to put a person’s name and contact details into the Service. Do not upload student education records, protected health information, government identification numbers, financial account numbers or other sensitive personal information the Service does not need; we are not a HIPAA business associate unless we sign a separate agreement saying so.

Some features send Customer Data to artificial-intelligence providers to generate responses. Output is generated automatically, may be inaccurate, and is the Customer’s to review before use. We do not use Customer Data to train our own models. AI usage may be subject to fair-use limits described in the product.

When the Customer starts an activation or a drill, or uses a feature such as “call the command team,” the Service places automated calls using an artificial voice and sends texts and emails to people on the Customer’s roster (and, for a site using another site’s command chart, that chart). The Customer is the sender of those messages and represents and warrants that:

• it has obtained, and will keep records of, any consent required by law, including the Telephone Consumer Protection Act, to contact each person at the numbers and addresses it enters;
• it will promptly turn off a channel for any person who asks not to be contacted by it, and will not re-enable it without new consent;
• it will use drill mode for every exercise, and will not use the Service to send false alarms, marketing, or any message unrelated to safety and emergency operations.

Our Call & SMS Terms apply to every recipient. Message delivery is not guaranteed.

To answer a support request or keep the Service running, our staff may view the Customer’s account. Support sessions are logged. A support session cannot declare an incident or place calls or send notifications on the Customer’s behalf, and we do not send invitation emails to the Customer’s people while acting in one.

You will not, and will not allow anyone to:

• use the Service to harass, threaten, deceive or alarm anyone, or to send a false emergency alert;
• contact any person who has not consented or who has opted out;
• upload unlawful content, malware, or content you have no right to share;
• probe, scan or test the Service’s security, or bypass any access control or usage limit;
• scrape, copy or resell the Service, its catalog of hazards and procedures, or its content, or use it to build a competing product;
• reverse engineer the Service except where the law allows despite this restriction; or
• use the Service in violation of any law.

We may suspend access that we reasonably believe violates this section, with notice where practical.

We and our licensors own the Service, including its software, design, hazard catalog, procedures, templates and documentation. Subject to these Terms, we grant the Customer a non-exclusive, non-transferable right to use the Service for its internal emergency planning during its subscription, and a perpetual right to keep, copy and use the plans and printed materials generated for it, including after the subscription ends. Publications of federal agencies that we reference remain in the public domain. If you send us suggestions or feedback, we may use them without obligation to you.

The Service relies on third parties such as payment, email, telephone, messaging, mapping, hosting and AI providers. Their availability is outside our control, and your use of a third-party sign-in or payment service is also governed by that provider’s terms. We are not responsible for third-party websites that we link to.

Except as expressly stated in these Terms, the Service and all content, plans, output and notifications are provided “as is” and “as available.” To the fullest extent permitted by law, MML Inc. disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty that the Service will be uninterrupted, error-free or secure, that any message will be delivered, or that any plan will satisfy any legal requirement or prevent any harm.

To the fullest extent permitted by law, neither MML Inc. nor its officers, employees, contractors or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Service or these Terms, even if advised of their possibility. Our total liability for all claims arising out of or related to the Service or these Terms will not exceed the amount the Customer paid us for the Service in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars if the Customer has paid nothing.

These limits apply to every theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud or for gross negligence or wilful misconduct where the law does not permit it to be limited.

The Customer will defend and indemnify MML Inc.and its officers, employees and contractors against third-party claims, and the resulting losses, damages, fines and reasonable attorneys’ fees, arising from Customer Data, from calls, texts or emails sent to the Customer’s roster (including claims under the Telephone Consumer Protection Act or similar laws), from the Customer’s emergency plans or their use, or from the Customer’s breach of these Terms or of law.

These Terms apply for as long as the Customer uses the Service. Either party may end them by closing the account, or on written notice if the other party materially breaches them and does not cure within 30 days. We may suspend or end the Service immediately for non-payment after notice, for a violation of the acceptable use section, or where required by law.

When an organization is deleted, it becomes inaccessible immediately. We keep it for 60 days so it can be restored on request, after which the organization’s records and stored files are permanently destroyed, with the exceptions described in the Privacy Policy. Download or print anything you want to keep before deleting. Sections that by their nature should survive termination, including fees owed, disclaimers, limitation of liability, indemnity and governing law, survive.

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state courts located in Camden County, New Jersey, or the United States District Court for the District of New Jersey, Camden Vicinage, and each party consents to the personal jurisdiction of those courts. Before filing, a party will first give the other written notice and 30 days to try to resolve the dispute informally. Either party may seek an injunction in any court to protect its intellectual property or confidential information.

• Changes. We may update these Terms. We will post the new version with a new effective date and, for material changes, notify account owners by email or in the product at least 30 days before they take effect. Continued use after that date is acceptance.
• Public entities. If the Customer is a government body or public school whose law prohibits a term here (such as indemnity or governing law), that term applies only to the extent the law permits.
• Notices.We send notices to the account owner’s email. Send notices to us at support@emergencysafetyplanning.com and by mail to MML Inc. d/b/a Memorial Media Links, 116 N. 2nd Street, Suite #208, Camden, New Jersey 08102.
• Assignment. The Customer may not assign these Terms without our consent, except to a successor to substantially all of its operations. We may assign them in a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including carrier or utility outages, natural disasters, and acts of government.
• Entire agreement. These Terms are the entire agreement on their subject and replace prior understandings. A signed order form or written agreement with us controls where it conflicts. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors.