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Terms of Service

Last updated: January 2025

Important Notice

These Terms of Service constitute a legally binding agreement between you and Tourist SOS Inc. (operating EMS-X). By using our platform, you acknowledge that you have read, understood, and agree to be bound by these terms. Investment activities involve substantial risk of loss.

1. Definitions and Interpretation

"Platform" means the EMS-X website, mobile applications, and related services.

"Company," "we," "us," "our" refers to Tourist SOS Inc., a Delaware corporation.

"User," "you," "your" refers to any individual or entity using the Platform.

"Investment" means funding provided to medical claims through our tokenization system.

"Medical Claim" means verified emergency medical expenses requiring immediate funding.

"Token" means digital representations of fractional interests in medical claims.

2. Platform Overview and Services

EMS-X operates as an Emergency Medical Securities Exchange, providing a marketplace where:

  • Verified medical emergency cases are presented as investment opportunities
  • Investors can fund medical claims in exchange for potential returns
  • Medical claims are tokenized for transparency and fractional ownership
  • Returns are distributed when insurance reimbursements are received
  • All transactions are recorded on blockchain for immutable transparency

We act as an intermediary platform and do not provide medical services, insurance, or investment advice.

3. Eligibility and Account Requirements

General Eligibility

  • Must be at least 18 years of age (21 in some jurisdictions)
  • Must be legally competent to enter into binding agreements
  • Must not be prohibited from using financial services in your jurisdiction
  • Must provide accurate, complete, and current information

Investment Eligibility

  • Must meet accredited investor requirements where legally required
  • Must complete our Know Your Customer (KYC) verification process
  • Must pass Anti-Money Laundering (AML) screening
  • Must acknowledge understanding of investment risks
  • Must comply with applicable securities laws in your jurisdiction

4. Investment Risks and Disclaimers

⚠️ HIGH RISK INVESTMENT WARNING

All investments carry substantial risk of partial or total loss. Past performance does not guarantee future results.

Specific Risks Include:

  • Insurance Denial Risk: Claims may be denied, reduced, or delayed by insurers
  • Medical Outcome Risk: Procedures may not proceed as planned or may fail
  • Regulatory Risk: Changes in healthcare or securities regulations may affect returns
  • Liquidity Risk: Investments cannot be withdrawn before claim resolution
  • Currency Risk: International cases subject to exchange rate fluctuations
  • Technology Risk: Blockchain and platform technical failures may occur
  • Counterparty Risk: Healthcare providers or insurers may default

No Guarantees

We make no representations or warranties regarding:

  • The likelihood of successful claim reimbursement
  • The timing of returns or claim resolution
  • The accuracy of medical information provided
  • The performance of healthcare providers or insurers

5. Fees and Charges

Platform Fees

  • Investment Fee: 2.5% of investment amount (deducted at time of investment)
  • Success Fee: 8% of net profits on successful returns
  • Management Fee: 0.5% annually on active investments
  • Withdrawal Fee: 0.75% of withdrawal amount (minimum $5, maximum $50)

Additional Charges

  • Wire transfer fees: $25 domestic, $45 international
  • Expedited processing: $15 per request
  • Account maintenance (inactive accounts): $10/month after 12 months
  • Third-party verification services: Cost passed through

All fees are subject to change with 30 days' notice. Current fee schedule available at emsx.com/fees.

6. User Obligations and Prohibited Conduct

User Obligations

  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized account access
  • Provide accurate and updated information at all times
  • Comply with all applicable laws and regulations
  • Report suspicious activities or potential fraud

Prohibited Activities

  • Providing false, misleading, or fraudulent information
  • Attempting to manipulate platform data, prices, or outcomes
  • Using the platform for money laundering or terrorist financing
  • Sharing account access with unauthorized third parties
  • Reverse engineering, hacking, or compromising platform security
  • Creating multiple accounts to circumvent limits or restrictions
  • Using automated systems without written permission

7. Privacy and Data Protection

We are committed to protecting your privacy and handling your data responsibly. Our data practices include:

  • Encryption of all personal and financial information
  • Compliance with GDPR, CCPA, and other applicable privacy laws
  • Anonymization of medical information to protect patient privacy
  • Secure storage with industry-standard security measures
  • Limited data sharing only as required by law or with explicit consent

For complete details, please review our Privacy Policy at emsx.com/privacy.

8. Intellectual Property Rights

All content, software, trademarks, and intellectual property on the Platform are owned by Tourist SOS Inc. or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.

You may not copy, modify, distribute, sell, or lease any part of our Platform or included software, nor may you reverse engineer or attempt to extract the source code.

9. Limitation of Liability and Disclaimers

IMPORTANT LIABILITY LIMITATIONS

Platform Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Investment Losses

WE ARE NOT RESPONSIBLE FOR INVESTMENT LOSSES, FAILED MEDICAL CLAIMS, INSURANCE DENIALS, OR ANY OTHER FINANCIAL LOSSES RESULTING FROM YOUR USE OF THE PLATFORM.

10. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Delaware.

Arbitration Agreement

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English in Wilmington, Delaware.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, collective actions, or representative proceedings.

11. Account Termination

We may suspend or terminate your account at any time for violation of these Terms, suspicious activity, or as required by law. You may close your account at any time, subject to settlement of outstanding investments.

Upon termination, your access to the Platform will cease, but these Terms will remain in effect regarding past activities and ongoing obligations.

12. Regulatory Compliance

EMS-X operates in compliance with applicable securities laws and regulations. We are registered with appropriate regulatory bodies and maintain required licenses for our operations.

Users are responsible for compliance with their local laws and regulations regarding investment activities and tax obligations.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and platform notifications at least 30 days before taking effect.

Continued use of the Platform after changes constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue use of the Platform.

14. Contact Information

For questions about these Terms of Service, please contact us:

Tourist SOS Inc. (EMS-X Division)

Email: legal@emsx.com

Phone: +1 (888) 555-EMSX

Address: 123 Financial District, New York, NY 10004

Business Hours: Monday-Friday, 9:00 AM - 6:00 PM EST

15. Effective Date and Acknowledgment

These Terms of Service are effective as of January 15, 2025. By using the EMS-X platform, you acknowledge that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations.