SMS Communication Platform Terms of Service

Effective Date: 10.20.25

1. ACCEPTANCE OF TERMS

By selecting “I agree” or otherwise using the SMS communication platform service (“SMS Platform” or “Service”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms” or “Terms of Service”) between you and Pediatric Emergency Standards, Inc. d/b/a Handtevy (“Handtevy,” “Company,” “we,” “us,” or “our”). If you do not agree to these Terms, do not use the SMS Platform.

These Terms supplement and incorporate by reference any Master Services Agreement or Subscription Agreement governing your use of the Handtevy SMS Platform.

2. SERVICE DESCRIPTION

2.1 SMS Platform Overview

The SMS Platform is a communication service that facilitates operational notifications among authorized healthcare operations personnel, including but not limited to those involved in emergency medical services, hospital administration, emergency department operations, and related healthcare coordination functions.

2.2 Authorized Uses

The Service is designed exclusively for operational and administrative communications within healthcare and emergency services operations. Permitted uses include only non-clinical operational communications as determined necessary for efficient healthcare operations management. The SMS Platform is intended solely for operational purposes and may not be used for clinical communications, patient care decisions, or emergency medical communications.

2.3 Service Functionality

The SMS Platform enables alerts based on operational parameters, multi-party messaging between authorized Users, time-sensitive operational communications, and other functionality designed to support operational coordination and administrative efficiency.

 

3. CRITICAL RESTRICTIONS – NO PROTECTED HEALTH INFORMATION

3.1 Absolute Prohibition on PHI

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT you shall not send, transmit, receive, or forward any Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. This prohibition applies to all messages, whether sent by you, your organization, or received from other parties. You shall not include patient identifiers of any kind, including but not limited to patient names, initials, medical record numbers, account numbers, specific medical conditions, diagnoses, treatments, dates of service with patient context, or any of the eighteen HIPAA identifiers, or any clinical information whatsoever.

3.2 Acceptable Operational Information 

You may communicate aggregate, de-identified statistics and metrics, general operational status information, non-specific performance data, resource availability without patient context, and general departmental or facility status updates, provided such communications contain no protected health information or patient identifiers of any kind.

3.3 No Emergency Medical Communications

The SMS Platform is not intended for and shall not be used for emergency medical communications, clinical decision-making, medical advice, time-critical patient care decisions, or any communications requiring immediate medical response. For medical emergencies, Users must employ appropriate emergency channels and direct medical communication systems as required by applicable protocols and regulations.

3.4 Additional Prohibited Uses

You agree not to use the SMS Platform in any manner that violates federal, state, or local laws or regulations, transmits unsolicited or unauthorized messages, includes malicious content or harassing communications, involves sharing of login credentials or authentication information, circumvents security measures or access controls, involves impersonation or misrepresentation of authority or identity, or transmits viruses, malware, or other harmful code or content.

4. MULTI-PARTY COMMUNICATION RESPONSIBILITIES

4.1 Your Responsibilities for Sent Messages

You are solely and completely responsible for the content of all messages you send through the SMS Platform, ensuring that all messages you transmit contain no PHI or prohibited content, training and supervising personnel within your organization on proper SMS Platform use and compliance with these Terms, maintaining appropriate authorization and credentials for SMS Platform use, and ensuring the accuracy and appropriateness of all operational information you transmit through the Service.

4.2 Your Responsibilities for Received Messages

When receiving messages from other organizations or Users through the SMS Platform, you acknowledge and agree that Handtevy does not control, monitor, or verify third-party content. You must immediately report any PHI or prohibited content received to [email protected] and must promptly delete any improperly received PHI or prohibited content from your systems. You agree not to forward or retain prohibited content and understand that you assume full responsibility for how you act upon or respond to received information.

4.3 Organization Administrator Responsibilities

If you serve as an organizational administrator for the SMS Platform, you must ensure that all authorized Users within your organization understand and comply with these Terms, implement and maintain adequate training programs regarding PHI prohibition and proper SMS Platform use, monitor compliance within your organization and take corrective action as needed, immediately revoke access credentials for Users who violate these Terms or misuse the SMS Platform, and maintain accurate and current User lists, permission settings, and access controls.

5. USER ACCOUNTS AND AUTHENTICATION

5.1 Account Security

You must always maintain the confidentiality and security of your account credentials. You are responsible for all activity that occurs under your account regardless of whether such activity was authorized by you. You must immediately notify Handtevy of any unauthorized access to or use of your account. Multi-factor authentication or additional security measures may be required at Handtevy’s discretion or as determined necessary for SMS Platform security.

5.2 Organizational Oversight

Your organization may monitor, audit, and oversee your use of the SMS Platform in accordance with applicable laws, organizational policies, and any agreements between you and your employer or affiliated organization.

6. Consent to Receive Messages 

By providing your mobile phone number and agreeing to these Terms, you consent to receive SMS messages from the SMS Platform, which may originate from various authorized organizations and Users. You understand that message frequency will vary based on operational needs and that standard message and data rates may apply according to your wireless carrier’s service plan. You may opt out of certain non-critical messages by replying “STOP” to SMS Platform messages, though critical operational messages may continue to be delivered in accordance with your organization’s policies and operational requirements. You understand that your organization may maintain separate policies regarding mandatory receipt of certain notifications that supersede individual opt-out preferences.

7. MESSAGE DELIVERY AND RELIABILITY

7.1 No Guarantee of Delivery

While we endeavor to provide reliable service, we do not and cannot guarantee message delivery times, delivery sequencing, delivery during network outages, service interruptions or disruptions, compatibility with all mobile devices, operating systems or wireless carriers, or uninterrupted or error-free service. The SMS Platform’s performance may be affected by factors outside of Handtevy’s control, including but not limited to wireless carrier limitations, network congestion, device compatibility issues, and third-party service provider performance.

7.2 Not for Sole Reliance

The SMS Platform should not serve as your sole or primary method for critical communications. You and your organization must maintain alternative communication methods and backup systems for essential operations and should not rely exclusively on the SMS Platform for time-sensitive or mission-critical communications.

8. PRIVACY AND DATA HANDLING

Your use of the SMS Platform is governed by our SMS Communication Platform Privacy Policy, which is incorporated herein by reference and forms part of these Terms. The SMS Communication Platform Privacy Policy is available at [INSERT URL] and describes how we collect, use, disclose, and safeguard your information. The SMS Platform processes messages through third-party service providers, and messages may be logged, stored, or archived for operational, audit, security, and compliance purposes. SMS communications are not end-to-end encrypted by design, and messages may be retained by telecommunications carriers or intercepted during transmission. We implement reasonable security measures but cannot guarantee absolute security of electronic communications. You consent to data processing, storage, and handling as described in our SMS Communication Platform Privacy Policy and as necessary for SMS Platform operation.

9. DISCLAIMER OF WARRANTIES

THE SMS PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. ACCURACY OF INFORMATION ON THE SMS PLATFORM CANNOT BE GUARANTEED. HANDTEVY DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SMS PLATFORM. HANDTEVY DOES NOT WARRANT THAT THE SMS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SMS PLATFORM WILL BE CORRECTED, OR THAT THE SMS PLATFORM OR THE SERVERS THAT MAKE THE SMS PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, QUALITY, AVAILABILITY, OR TIMELINESS OF SERVICE, WARRANTIES OF SECURITY OR ERROR-FREE OPERATION, WARRANTIES OF ACCURACY OR COMPLETENESS OF TRANSMITTED INFORMATION, WARRANTIES OF COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT.

HANDTEVY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. YOUR USE OF THE SMS PLATFORM IS AT YOUR OWN RISK AND YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SMS PLATFORM, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SMS PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SMS PLATFORM FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HANDTEVY OR IN ANY MANNER FROM THE SMS PLATFORM CREATES ANY WARRANTY.

10. LIMITATION OF LIABILITY

10.1 LIMITATION OF DAMAGES

IN NO EVENT WILL HANDTEVY OR ANY OF ITS PARENTS, SUBSIDIARIES, DIVISIONS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, PREDECESSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SMS PLATFORM OR YOUR DIRECT OR INDIRECT USE OF THE SMS PLATFORM (INCLUDING, WITHOUT LIMITATION, THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SMS PLATFORM), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF HANDTEVY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SMS PLATFORM.

WITHOUT LIMITING THE FOREGOING, IF HANDTEVY IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SMS PLATFORM OR THESE TERMS OF SERVICE, THE MAXIMUM LIABILITY FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF PURSUANT TO APPLICABLE STATE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF HANDTEVY, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF NEW JERSEY LAW APPLIES, EXCLUSIONS AND LIMITATIONS OF LIABILITY FOR INTENTIONAL OR RECKLESS ACTS, GROSS NEGLIGENCE, NEGLIGENCE, AND STRICT LIABILITY DO NOT APPLY.

10.2 SPECIFIC EXCLUSIONS

Handtevy is not liable for any consequences arising from PHI or other prohibited content transmitted through the SMS Platform by any User, actions or decisions taken by Users based on SMS Platform communications, delays in message delivery or failures of message delivery for any reason, actions, content, or communications of third parties using the SMS Platform, operational or clinical decisions made based on information received through the SMS Platform, regulatory violations committed by Users or User organizations, or any other losses or damages arising from SMS Platform use except as expressly provided in these Terms.

10.3 THIRD-PARTY COMMUNICATIONS

You expressly acknowledge and agree that Handtevy does not control, monitor, edit, or verify content transmitted by third parties through the SMS Platform, is not responsible for the accuracy, reliability, completeness, or appropriateness of information provided by other SMS Platform Users, cannot prevent or guarantee prevention of all inappropriate, unauthorized, or prohibited use by other parties, and acts solely as a communication platform provider without responsibility for User-generated content or communications.

11. INDEMNIFICATION

11.1 User Indemnification

Provided that such indemnification does not conflict with the User’s state law, you agree to indemnify, defend, and hold harmless Handtevy, and each of its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with your access to or use of the SMS Platform, your misuse of any material, data, or other information downloaded or otherwise obtained from the SMS Platform, or your violation of these Terms of Service. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Handtevy in asserting any available defenses. This provision does not apply to intentional or reckless acts or gross negligence on the part of Handtevy. If New Jersey law applies, this provision also does not apply to negligence or strict liability on the part of Handtevy.

11.2 Inter-Organization Liability

Any disputes, claims, or issues arising between different organizations or entities using the SMS Platform are solely between those parties. Handtevy has no responsibility for resolving, mediating, or addressing inter-organization disputes, disagreements, or liability issues that may arise from SMS Platform use or communications exchanged through the SMS Platform.

12. COMPLIANCE AND REGULATORY MATTERS

12.1 Regulatory Compliance

You are solely and exclusively responsible for ensuring compliance with all applicable federal, state, and local laws and regulations, including but not limited to HIPAA, HITECH Act, state privacy laws, healthcare regulations, emergency services regulations, telecommunications laws, and any other legal or regulatory requirements applicable to your use of the SMS Platform or your operations. You are responsible for maintaining all required documentation, audit trails, policies, procedures, and records as may be required by applicable law or regulation.

12.2 Audit and Monitoring

Handtevy may investigate potential violations of these Terms or applicable law, and will cooperate with lawful regulatory investigations and legal process. You consent to reasonable compliance monitoring and agree to cooperate with any investigations or audits conducted by Handtevy or regulatory authorities.

13. THIRD-PARTY SERVICES

13.1 Service Providers

The SMS Platform utilizes various third-party services and providers for message transmission, telecommunications services, cloud infrastructure, data processing, and other operational functions necessary for SMS Platform operation. The specific third-party providers used may change from time to time at Handtevy’s discretion without notice to Users.

13.2 Third-Party Limitations

Handtevy is not responsible for service interruptions, outages, or performance issues caused by third-party service providers, limitations, fees, or charges imposed by telecommunications carriers or service providers, data handling, privacy practices, or security measures of third-party providers except as required by law, or any other acts or omissions of third parties beyond Handtevy’s reasonable control.

14. TERM AND TERMINATION

14.1 Term

These Terms remain in effect for so long as you access or use the SMS Platform or maintain an active account or User credentials for the Service.

14.2 Termination for Violation

Handtevy, in its sole discretion, may immediately suspend or terminate your access to the SMS Platform, with or without notice, for any violation of these Terms, transmission of PHI or other prohibited content through the SMS Platform, illegal, harmful, or unauthorized use of the Service, upon request of your employer or affiliated organization, for failure to maintain required credentials or authorizations, or for any other reason deemed necessary to protect the SMS Platform, other Users, or Handtevy’s interests.

14.3 Effect of Termination

Upon termination of your access for any reason, your right to access and use the SMS Platform ceases immediately. All provisions of these Terms regarding limitations of liability, indemnification, dispute resolution, and other provisions that by their nature should survive termination shall continue in full force and effect. Handtevy may retain data, communications, and other information as required by law, for legitimate business purposes, or as necessary to enforce these Terms.

15. MODIFICATIONS TO TERMS

We reserve the right to modify, amend, or update these Terms of Service at any time, in our sole discretion, with or without notice to Users. If we modify these Terms, we will post the updated Terms with a revised effective date on our website. We may, but are not obligated to, notify Users of material changes through SMS notification, email to administrators, notice in the Handtevy application, or other reasonable means. Your continued use of the SMS Platform after any modifications to these Terms constitutes your acceptance of and agreement to be bound by the modified Terms.

 

16. DISPUTE RESOLUTION

16.1 Governing Law and Venue

These Terms of Service are governed by the laws of the State of Florida, without regard to its conflict of law principles. If the Arbitration Agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts that encompass Broward County, Florida, and you waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any action to another court.

16.2 Arbitration

Any disputes, claims, or controversies arising out of or relating to these Terms or the SMS Platform shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org. The arbitration shall be conducted in Broward County, Florida unless otherwise agreed by the parties.

16.3 Class Action Waiver; Jury Trial Waiver

Class Action Waiver. YOU AND WE AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and Handtevy regarding the SMS Platform and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral, regarding the subject matter hereof.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

17.3 No Waiver

The failure of Handtevy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Handtevy. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

17.4 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, without the prior written consent of Handtevy. Handtevy may freely assign these Terms and all rights and obligations hereunder to any successor, affiliate, subsidiary, or in connection with any merger, acquisition, reorganization, or sale of assets.

17.5 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. CONTACT INFORMATION

For questions about these Terms, to report violations, or for other legal inquiries:

Pediatric Emergency Standards, Inc. d/b/a Handtevy
Email: [email protected]
Privacy/PHI Concerns: [email protected]

For SMS Platform technical support and assistance:

• Email: [email protected]
• Text “HELP” to the SMS Platform number for automated assistance
• Text “STOP” to opt out of non-critical messages (subject to organizational requirements)

BY USING THE SMS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Edited on 11/13/2025