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Be Prepared Education LLC

OPSMED — DESTINATIONS

Terms of Service

Last Updated: May 1, 2026

IMPORTANT: These Terms of Service (the "Terms") govern your use of OpsMed — Destinations (the "App" or the "Service"), provided by Be Prepared Education LLC (the "Company," "we," "us," or "our"). By downloading, installing, or using the App, you ("User" or "you") agree to be bound by these Terms and the OpsMed — Destinations Privacy Policy. If you do not agree, do not download, install, or use the App.

Section 4 of these Terms contains important disclaimers regarding the nature of the Service and its limitations as they relate to medical decisions and patient transport. Please read Section 4 carefully.

1. Definitions

"App" or "Service" means the OpsMed — Destinations mobile application for iPhone and CarPlay, including all features, updates, and supporting components made available by the Company.

"Capability Tag" means a user-applied label indicating clinical capability of a Destination (such as Trauma Level, Stroke certification, STEMI receiver, Pediatric capability, Burn center, Psychiatric receiving, or Helipad).

"CarPlay" means Apple's in-vehicle integration platform, including the OpsMed — Destinations CarPlay surface as described in Section 3.

"Destination" means a single hospital, clinical facility, or other site that you have created within the App, consisting of a name, address, optional Capability Tags, and optional notes.

"ETA" means the estimated time of arrival at a Destination calculated by Apple MapKit based on current routing and, where available, traffic data.

"Free Tier" means use of the App without the Pro entitlement, limited to three (3) Destinations and Apple Maps handoff only.

"Navigation App" means a third-party mapping and navigation application supported by the App for handoff (Apple Maps, Waze, or Google Maps).

"OpsMed Pro" or "Pro" means the one-time non-consumable in-App purchase that unlocks unlimited Destinations, handoff to all supported Navigation Apps, and other features described in Section 9.

"Promo Code" means a code issued by the Company through Apple App Store Connect that, when redeemed by a User, grants the OpsMed Pro entitlement at no cost to the redeeming User.

"Required Capability Filter" means an optional, user-controlled filter that hides Destinations that have not been tagged with the selected Capability Tags.

2. Acceptance of Terms

By downloading, installing, or using the App, you represent and warrant that:

  • You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater.
  • You have the legal authority to enter into these Terms.
  • You will use the App in compliance with these Terms, the OpsMed — Destinations Privacy Policy, all applicable laws and regulations, and the operational protocols of any organization on whose behalf you act.

If you do not agree to any of the foregoing, do not download, install, or use the App.

3. Description of the Service

3.1 Overview

OpsMed — Destinations is a tactical destination dashboard for medics, first responders, and other professionals who need to quickly identify and navigate to the closest clinically appropriate facility. The Service consists of:

Destination Management. You create and edit a list of Destinations on your device, each tagged with the Capability Tags you choose to apply.

Live Dashboard. When the App is open, your Destinations are displayed sorted by live straight-line distance, with ETAs calculated through Apple MapKit on a periodic and event-driven basis as described in the App's product documentation.

Capability Filtering. Optional filters narrow the dashboard to Destinations matching specific Capability Tags.

Navigation Handoff. Tapping a Destination launches your selected Navigation App for turn-by-turn directions.

CarPlay Surface. The same Destination list is presented through Apple's CarPlay environment when your iPhone is connected to a compatible vehicle head unit.

3.2 Eligibility

The App is available through the Apple App Store to Users in jurisdictions where Apple distributes the App. The Company does not guarantee availability in any specific jurisdiction.

3.3 What the Service Is

The Service is a personal-reference and operational-awareness utility that helps you organize and reach destinations you have already chosen to track. It surfaces information you have entered, calculated against your current location.

3.4 What the Service Is Not

⛔ IMPORTANT DISCLAIMER REGARDING MEDICAL AND TRANSPORT DECISIONS

OpsMed — Destinations is not a medical device. It is not clinical decision support software. It is not a system of record for patient transport, hospital diversion status, or medical-control protocol. It is not certified, evaluated, or approved for life-safety use by the U.S. Food and Drug Administration, any state EMS oversight body, or any other regulatory authority.

The Service does not make, recommend, or endorse any patient transport decision. The selection of an appropriate destination for any patient remains the sole responsibility of the qualified medical provider, agency, or medical control physician with authority over that transport, in accordance with applicable local, state, and federal protocols.

The Service surfaces metadata that you have entered about facilities you have chosen to track. The Company does not verify, validate, certify, or guarantee the accuracy, completeness, currency, or appropriateness of any Destination address, Capability Tag, or note. Hospital capability designations change. Diversion status changes. Receiving-facility agreements change. The Company has no visibility into any of this and makes no representation that any Destination is open, available, accepting patients, or capable of providing the indicated level of care at any given moment.

ETAs are estimates produced by third-party mapping data and are subject to traffic, road closures, weather, signal availability, and other factors outside the Company's control. ETAs are not guarantees of arrival time and must not be relied upon as such for any clinical or operational decision.

Additionally, the Service:

  • Does not provide turn-by-turn navigation. Navigation is provided by the third-party Navigation App you select. The Company is not responsible for the accuracy, safety, or behavior of any Navigation App.
  • Does not function as an Automatic Vehicle Location (AVL), Computer-Aided Dispatch (CAD), or fleet management system.
  • Does not transmit, share, or coordinate Destination selections with any dispatch center, medical control, receiving facility, or third party.
  • Does not guarantee any specific availability, uptime, or accuracy. The Service is provided on an "as available" basis as described in Section 16.
  • Does not verify the licensure, accreditation, certification level, or clinical capability of any facility.
  • Is not a substitute for direct radio, telephone, or other communication with medical control or the receiving facility.

3.5 Service Level

The Company will use commercially reasonable efforts to maintain the availability of the App through the Apple App Store and to support its operation on supported iOS versions. The Company does not guarantee any specific uptime, performance, or feature availability. Updates may be released from time to time and may add, modify, or remove features.

4. Important Disclaimers Regarding Use

4.1 Driver Attention and Vehicle Safety

You agree to operate any motor vehicle safely and in accordance with applicable law at all times. You will not interact with the App on your iPhone while operating a motor vehicle in a manner inconsistent with your jurisdiction's distracted-driving laws. The CarPlay surface is designed for glance-readability while driving but does not eliminate the driver's responsibility for safe vehicle operation. The driver is solely responsible for safe operation of the vehicle, regardless of any information displayed by the App or any Navigation App.

4.2 Reliance on User-Entered Data

You are solely responsible for the accuracy and currency of every Destination, Capability Tag, and note you create. The Service displays exactly what you have entered. If a facility's capability has changed, if a facility has closed, if an address has changed, or if any other underlying fact has changed, the App will not know unless you update the entry.

4.3 Reliance on ETAs

ETAs are calculated using Apple MapKit and the device's current location. ETAs may be inaccurate due to network conditions, GPS accuracy, traffic data quality, road closures, weather, or other factors. The App displays an indication when an ETA is stale; however, the absence of a staleness indicator does not guarantee currency. Transport decisions must not be made on the basis of an ETA alone.

4.4 Offline and Degraded Conditions

The App is designed to remain functional in degraded conditions, including loss of cellular connectivity. When offline, the App will display the most recent ETA values available and will indicate that those values are stale. Continuous distance calculation may continue to function offline using the device GPS and previously cached coordinate data. The Company does not guarantee any specific behavior under any specific network condition.

4.5 Assumption of Risk

You acknowledge and accept that the App is used in time-sensitive operational and clinical contexts in which any tool, including the App, may produce inaccurate, delayed, or incomplete information. You knowingly and voluntarily assume all risks associated with your use of the App in such contexts and agree that you remain solely responsible for any decision made on or after consulting the App, in accordance with applicable medical-control protocol, agency policy, and your own professional judgment. The Company does not, by providing the App, assume any duty of care with respect to any patient, transport decision, or operational outcome.

5. License Grant

Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on iOS devices that you own or control, solely for your personal or professional use as described in these Terms. Your use of the App is also subject to the Apple Media Services Terms and Conditions and any other agreement between you and Apple.

This license does not grant you any right to:

  • Sell, resell, lease, sublicense, distribute, or otherwise transfer the App or your access to it.
  • Modify, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notice in the App.
  • Use the App in connection with any service-bureau, software-as-a-service, or similar arrangement that makes the App available to any party other than yourself.
  • Use the App in any manner that violates these Terms, the Apple Media Services Terms and Conditions, or applicable law.

6. Account and Access

The App does not require User account creation in v1. Access to OpsMed Pro is tied to your Apple ID through the App Store and managed by Apple's Restore Purchases mechanism (see Section 9.3).

You are responsible for maintaining the security of the Apple ID used to download the App and purchase Pro. The Company is not responsible for unauthorized purchases or use resulting from compromise of your Apple ID.

7. User Content

7.1 Ownership

All Destinations, Capability Tags, and notes you create within the App ("User Content") remain your property. The Company does not claim ownership of User Content. The Company does not transmit, store, access, or process User Content on its servers; User Content remains on your device unless you choose to transfer it to a future cloud-sync feature, which is not available in v1.

7.2 Responsibility for Content

You are solely responsible for the accuracy, legality, and appropriateness of all User Content. You represent and warrant that your User Content does not:

  • Contain Protected Health Information (PHI), patient information, patient identifiers, or any data subject to HIPAA. The notes field is intended for operational metadata (such as gate codes, radio frequencies, or facility points of contact) and is not intended for and must not be used to record patient data.
  • Contain any data the disclosure of which would violate any applicable law, regulation, contractual obligation, or duty of confidentiality.
  • Contain unlawful, defamatory, harassing, or infringing content.

7.3 No Sharing in v1

v1 of the Service does not include any feature for sharing User Content with other Users, organizations, dispatch centers, receiving facilities, or any third party. If a future version of the Service introduces sharing features, those features will be governed by additional terms communicated at the time of release.

8. Acceptable Use

You agree that you will not, and will not attempt to or assist any third party to:

  • Use the App for any purpose other than its intended use as described in these Terms.
  • Use the App to make, recommend, or endorse patient transport decisions in a manner inconsistent with applicable medical-control protocol or your jurisdiction's EMS regulations.
  • Store Protected Health Information, patient records, or any data subject to HIPAA in the App's notes or any other field.
  • Use the App as a system of record for any regulatory, accreditation, or compliance purpose.
  • Reverse engineer, decompile, disassemble, or derive the source code of the App, except as expressly permitted by applicable law.
  • Introduce viruses, malware, or any code designed to disrupt or compromise the App or any device on which it runs.
  • Use the App in violation of any applicable law, regulation, or third-party right.
  • Use bots, scrapers, or automated tools to interact with the App or its supporting services.
  • Misrepresent your identity, jurisdiction, or eligibility to use the App.

The Company reserves the right to investigate suspected violations and to take appropriate action, including reporting illegal activity to law enforcement and pursuing other remedies available under applicable law.

9. In-App Purchases

9.1 Tiers Available in v1

In v1, the App offers two tiers:

TierPriceTypeIncludes
Free$0N/AUp to three (3) Destinations; Apple Maps handoff only; CarPlay supported
OpsMed Pro$14.99 (USD)One-time, non-consumable in-App purchaseUnlimited Destinations; handoff to Apple Maps, Waze, and Google Maps; field notes; nav-app picker; updates released within v1.x

Prices outside the United States are set in local currency by Apple based on Apple's price-tier system and may vary. Applicable taxes are determined and collected by Apple.

9.2 Purchase Processing

All in-App purchases are processed by Apple through the App Store. By purchasing OpsMed Pro, you authorize Apple to charge your payment method on file. The Company does not receive your payment method, name, billing address, or Apple ID through this process; entitlement is verified on-device via Apple StoreKit 2, and v1 of the App does not use any third-party purchase, subscription, or entitlement-management service (see the OpsMed — Destinations Privacy Policy, Section 5.2).

9.3 Restore Purchases

If you uninstall and reinstall the App, set up a new device, or otherwise lose access to your Pro entitlement on a device, you may restore your entitlement through the Restore Purchases option in the App's Settings, provided you are signed into the same Apple ID used to make the original purchase. Restore Purchases functionality is required by Apple for non-consumable in-App purchases.

9.4 Refunds

All refund requests are handled by Apple in accordance with Apple's then-current refund policy, available at https://support.apple.com/HT204084. The Company does not directly issue refunds for in-App purchases.

9.5 Price Changes

Prices for OpsMed Pro may change from time to time. Any price change applies only to purchases made after the change takes effect. Purchases already completed are not affected by price changes.

10. Promo Codes

10.1 Issuance

The Company may, from time to time, issue Promo Codes through Apple App Store Connect to grant the OpsMed Pro entitlement to specific recipients at no cost. Promo Codes are issued at the Company's discretion.

10.2 Redemption

Promo Codes are redeemed through the App Store on your iOS device. Apple's standard Promo Code rules apply, including:

  • Promo Codes expire twenty-eight (28) days after issuance if not redeemed.
  • Each Promo Code may be redeemed only once.
  • Redemption requires an Apple ID and acceptance of the App Store's standard terms.
  • Redeemed Promo Codes grant the same OpsMed Pro entitlement as a paid purchase.

10.3 No Resale or Transfer

Promo Codes are issued for the personal use of the intended recipient and may not be resold, transferred, or otherwise distributed for value. The Company reserves the right to invalidate any Promo Code that has been resold or distributed in violation of these Terms.

10.4 No Cash Value

Promo Codes have no cash value, are not redeemable for cash or other compensation, and are not refundable.

11. Third-Party Navigation Apps

11.1 Handoff Mechanism

When you tap a Destination, the App opens your selected Navigation App by passing the Destination's coordinates through a documented URL scheme. Once the Navigation App opens, it operates independently of OpsMed — Destinations and is governed entirely by its own terms and privacy policy.

11.2 No Endorsement

The Company does not endorse any specific Navigation App. Selection of a default Navigation App is made by you during onboarding and may be changed in Settings.

11.3 No Responsibility for Third-Party Apps

The Company is not responsible for:

  • The accuracy, currency, or appropriateness of any directions, ETAs, traffic data, or other information provided by any Navigation App.
  • The privacy practices, data handling, or terms of service of any Navigation App.
  • The availability, performance, or behavior of any Navigation App.
  • Any consequence arising from your use of any Navigation App, including any consequence arising from incorrect directions, missed destinations, or routing errors.

If a Navigation App is uninstalled, unsupported, or otherwise unavailable, the App will silently fall back to Apple Maps as described in the OpsMed — Destinations product documentation.

12. Intellectual Property

12.1 Ownership

The App, including all software, designs, marks, logos (including the "Waypoint+" mark), text, graphics, and other content (excluding User Content), is owned by the Company or its licensors and is protected by United States and international intellectual property laws.

12.2 Trademarks

"OpsMed," "OpsMed — Destinations," "Waypoint+," and "Be Prepared Education" are trademarks of Be Prepared Education LLC. Apple, App Store, iPhone, CarPlay, Apple Maps, and MapKit are trademarks of Apple Inc. Waze is a trademark of Waze Mobile Ltd. Google Maps is a trademark of Google LLC. All other trademarks are the property of their respective owners. No license to use any trademark is granted by these Terms.

12.3 Feedback

If you provide the Company with feedback, suggestions, or ideas regarding the App, you grant the Company a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that feedback into the App or other products without restriction or obligation to you.

13. Termination

13.1 Termination by You

You may stop using the App at any time. Uninstalling the App removes all on-device User Content. Uninstallation does not by itself cancel the OpsMed Pro entitlement; the entitlement remains tied to your Apple ID and may be restored on any device signed into the same Apple ID.

13.2 Termination by the Company

The Company may suspend or terminate your access to the App, revoke a Pro entitlement obtained in violation of these Terms (including Promo Codes obtained through fraud or resale), or require you to cease use of the App, if:

  • You materially breach these Terms.
  • You use the App in a manner that creates a security risk or that is unlawful.
  • The Company is required to do so by law or by Apple.
  • The Company discontinues the App or any portion of the Service.

13.3 Effect of Termination

Upon termination, your license to use the App terminates immediately. Sections that by their nature should survive termination shall survive, including Sections 3.4 (What the Service Is Not), 4.5 (Assumption of Risk), 7 (User Content), 12 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 19 (Dispute Resolution; Arbitration; Class Action Waiver), and 20 (General Provisions).

14. Disclaimers

14.1 "AS IS" and "AS AVAILABLE"

⛔ THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

14.2 No Warranty of Accuracy

The Company does not warrant that:

  • The App will be uninterrupted, timely, secure, or error-free.
  • Any ETA, distance, or routing calculation will be accurate.
  • Any Capability Tag, Destination address, or other data displayed by the App will be accurate, current, or appropriate for any specific clinical situation.
  • The App will be compatible with all iOS devices, vehicles, or CarPlay head units.
  • Defects in the App will be corrected.

14.3 No Reliance for Life-Safety Decisions

The App is not suitable for use as the sole or primary basis for any life-safety, clinical, or transport decision. You acknowledge and agree that you will not rely on the App as such, and that any such reliance is at your sole risk.

14.4 Some Jurisdictions

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that any such exclusion is not permitted, the disclaimers in this Section 14 apply to the maximum extent permitted by applicable law.

15. Limitation of Liability

15.1 Exclusion of Damages

⛔ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

⛔ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE APP, THESE TERMS, OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID THE COMPANY (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE U.S. DOLLARS ($5.00).

15.3 Specific Exclusions

Without limiting the foregoing, the Company shall not be liable for:

  • Any patient outcome, transport delay, or clinical consequence arising from use of, or reliance on, any information displayed by the App.
  • Any consequence arising from inaccurate, outdated, or incomplete User Content.
  • Any consequence arising from the behavior, accuracy, or availability of any Navigation App.
  • Any consequence arising from loss of cellular connectivity, GPS signal, or other infrastructure outside the Company's control.
  • Any consequence arising from the unavailability of the App during scheduled or unscheduled maintenance.
  • Any consequence arising from the loss of on-device data, including User Content, due to device loss, theft, damage, software failure, uninstallation, or factory reset. v1 has no cloud sync and User Content is not backed up by the Company.

15.4 Carve-Outs

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law. Without limiting the foregoing, the limitations and exclusions in Sections 15.1, 15.2, and 15.3 do not apply to:

  • Liability arising from the Company's own gross negligence, willful misconduct, or fraud.
  • Liability that, under applicable law, cannot be limited or excluded by agreement (including, in some jurisdictions, liability for death or personal injury caused by negligence).
  • The Company's express indemnification obligations, if any, set forth in these Terms.

To the extent any limitation or exclusion in this Section 15 is found unenforceable in a particular jurisdiction or with respect to a particular claim, that limitation or exclusion shall apply to the maximum extent permitted by applicable law and shall not affect the enforceability of the remaining limitations and exclusions.

15.5 Essential Basis

You acknowledge that the limitations and exclusions in this Section 15 are an essential element of the bargain between you and the Company and form the basis on which the Company is willing to make the App available, including at the price set for OpsMed Pro. The limitations apply to the maximum extent permitted by applicable law, even if any limited remedy fails of its essential purpose.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your misuse of the App in violation of these Terms or the OpsMed — Destinations Privacy Policy.
  • Your breach of any representation, warranty, or obligation in these Terms.
  • Your violation of any applicable law, regulation, or third-party right in connection with your use of the App.
  • Any User Content you create that violates Section 7.2 (Responsibility for Content).
  • Any patient transport decision made by you, or by any party acting on information you surfaced through the App, in reliance on the App in a manner inconsistent with applicable medical-control protocol or your professional judgment.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with the Company in asserting any available defenses. You will not settle any claim subject to indemnification under this Section 16 without the Company's prior written consent.

17. Apple-Specific Terms

The following provisions apply to the extent the App is downloaded from the Apple App Store, in addition to the other provisions of these Terms:

  • Acknowledgment. These Terms are concluded between you and the Company, not with Apple. The Company, not Apple, is solely responsible for the App and its content.
  • Scope of License. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
  • Maintenance and Support. The Company is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services.
  • Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
  • Product Claims. The Company, not Apple, is responsible for addressing any User or third-party claims relating to the App or possession or use of the App, including product liability, legal or regulatory compliance, or consumer protection claims.
  • Intellectual Property Claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Third-Party Beneficiary. You and the Company acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Changes to These Terms

The Company may update these Terms from time to time. When the Company makes material changes, the Company will update the "Last Updated" date at the top of these Terms and, where practicable, present an in-App notice on next launch. The most current version is always available at the URL where these Terms are published. Continued use of the App after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the App.

For changes that materially adversely affect your rights, the Company will provide notice at least thirty (30) days before the change takes effect, where practicable.

19. Dispute Resolution; Arbitration; Class Action Waiver

⛔ PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 19.6.

19.1 Informal Resolution

Before initiating any formal dispute-resolution proceeding, you agree to first contact the Company at support@bepreparededu.com and attempt in good faith to resolve the dispute informally. The Company will likewise attempt to resolve any dispute it has with you informally. If a dispute is not resolved within thirty (30) days after notice is sent, either party may proceed to binding arbitration as described below.

19.2 Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms, the App, or the Service (a "Dispute") that is not resolved through informal resolution shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration shall take place in the Commonwealth of Virginia or, at your election, in the U.S. county where you reside, or shall be conducted by telephone or videoconference where permitted by the AAA rules.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 19. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 19.

19.3 Class Action Waiver

⛔ YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class, collective, or representative proceeding.

19.4 Jury Trial Waiver

⛔ YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE THAT, NOTWITHSTANDING THIS SECTION 19, IS BROUGHT IN COURT.

19.5 Exceptions

This Section 19 does not require arbitration of:

  • Claims that may be brought in small-claims court, provided the claim remains in that court and is brought on an individual (non-class, non-representative) basis.
  • Claims for injunctive or other equitable relief to protect intellectual property rights or to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

19.6 Right to Opt Out

You may opt out of this Section 19 by sending written notice to support@bepreparededu.com within thirty (30) days of your first acceptance of these Terms. The notice must include your name, the email address associated with your Apple ID, and a clear statement that you wish to opt out of the arbitration provisions of these Terms. Opting out of this Section 19 does not affect any other provision of these Terms. If you opt out, disputes shall be resolved in the courts identified in Section 20.1.

19.7 Severability of This Section

If any portion of this Section 19 (other than Section 19.3) is found unenforceable, the unenforceable portion shall be severed and the remainder shall remain in effect. If Section 19.3 (Class Action Waiver) is found unenforceable with respect to any claim, the entirety of this Section 19 shall be null and void with respect to that claim, and that claim shall proceed in court under Section 20.1; all other claims shall remain subject to this Section 19.

20. General Provisions

20.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 19. To the extent any dispute is not subject to arbitration under Section 19 (including small-claims actions, claims for injunctive relief regarding intellectual property, and claims by Users who have validly opted out under Section 19.6), the dispute shall be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you consent to the personal jurisdiction of those courts.

20.2 Entire Agreement

These Terms, together with the OpsMed — Destinations Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous communications and proposals, whether oral or written.

20.3 Severability

If any provision of these Terms is held to be unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law and the remaining provisions shall remain in full force and effect.

20.4 No Waiver

The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

20.5 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, sale of all or substantially all of its assets, or by operation of law, without your consent.

20.6 Notices

Notices to the Company under these Terms shall be sent to support@bepreparededu.com. Notices to you may be delivered through the App, posted on the App's listing in the Apple App Store, or sent through any other reasonable means.

20.7 Force Majeure

The Company is not liable for any failure or delay in performance arising from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, government action, network failure, or failure of third-party services.

20.8 Relationship of the Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and the Company.

20.9 Headings

Section headings in these Terms are for convenience only and do not affect interpretation.

20.10 Export Control and Sanctions Compliance

You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties (including the U.S. Treasury Department's Office of Foreign Assets Control Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons List). You agree to comply with all applicable U.S. and foreign export control and sanctions laws and regulations in your use of the App.

21. Contact Us

If you have questions about these Terms:

Be Prepared Education LLC

By email: support@bepreparededu.com

Online: www.bepreparededu.com/contact

These Terms of Service are effective as of May 1, 2026 and apply to all users of OpsMed — Destinations.