Safesite Software as a service (SAAS)
- Terms and Conditions
- Plans, Customers and Users
- General Use
- Mobile Applications
- Using the Service
- User Submissions
- Compliance with Laws and Unauthorized Activities
- Service Management
- Premium Plan Subscriptions
- Automatic Renewals and Cancellations of Premium Plan Subscription
- Billing Information
- Modifications to Service and Pricing
- Risk Scoring/Aggregated Statistics
- Proprietary Rights
- Disclaimer of Warranties
- Limitation of Liability
- Termination of Terms Entered Into Between Company and User
- Termination of Terms Entered Into Between Company and Customer
- Governing Law and Dispute Resolution
- Contact Us
THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND SAFESITE SOLUTIONS, INC. (“COMPANY”, “WE”, OR “US”).
THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE (A) THE WEBSITE LOCATED AT WWW.SAFESITEHQ.COM AS WELL AS ALL ASSOCIATED COMPANY SITES LINKED TO SUCH URL (COLLECTIVELY, THE “SITE”) AND (B) OUR MOBILE APPLICATION (“MOBILE APPLICATION”). THE SITE, THE MOBILE APPLICATION AND THE RELATED SERVICES OFFERED BY THE COMPANY ARE COLLECTIVELY REFERRED TO AS THE “SERVICE”. BY USING ANY OF THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
The Service offers two types of plans: free plans and premium plans. Free plans provide limited and restricted features and functionality. Premium plans provide enhanced features and functionality.
You may start a plan on the Site. “Customer” refers to the organization that you represent when starting a plan.
The Customer can add, modify and re-assign roles of individual users within the Customer’s plan. “Users” refer to individuals with access to the Service in connection with a Customer’s plan.
References herein to “you” refer to both Users and Customers. By registering or using the Service, you represent that you are at least the age of majority in the jurisdiction in which you reside, and you agree to these Terms as a User. In addition, if you are starting a plan, you represent that you are authorized to act on behalf of Customer, and you hereby bind Customer to these Terms.
Customer is responsible for the conduct of Users under the Customer’s plan and their compliance with these Terms. Any non-compliance or breach of these Terms by a Customer’s User is also a non-compliance or breach by Customer.
Company may make changes to the Service at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service. By using the Service after Company has updated the Terms, you are agreeing to all the updated Terms. If you do not agree with any of the updated Terms, you must stop using the Service.
Company provides content through the Service that is copyrighted and/or trademarked work of Company or Company’s third-party licensors and suppliers or other Users of the Service (collectively, the “Materials”). Materials may include data, information, text, logos, graphics, video, audio, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Company hereby grants you a limited, non-exclusive and non-transferable license to use and to display the Materials and to use the Service solely as intended through the provided functionality of the Service. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner. Upon the termination of your account, the above license terminates automatically.
Company makes available Mobile Applications to access the Service via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Company does not warrant that the Mobile Application will be compatible with your mobile device. Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your internal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. (“Apple”).
- Your use of Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Company, and not Apple, is solely responsible for our iOS App and the Service and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Company’s iOS App. 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 they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
- Your use of Company’s Android App must comply with Google’s then-current Google Play Terms of Service.
- Google is only a provider of Google Play where you obtained the Android App. Company, and not Google, is solely responsible for Company’s Android App and the Service and content available thereon. Google has no obligation or liability to you with respect to Company’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company’s Android App.
You need not register with Company to visit and view areas of the Site that are not password-restricted.
However, in order to access certain password-restricted areas of the Site and to use the Service, you must register with Company for an account and receive a password.
You may register for an account with the Company through the account registration page on the Site. You are responsible for maintaining the confidentiality of your login and password (“Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to promptly notify Company if your Password on the Service is lost, stolen, if you are aware of any unauthorized use of your Password on the Service or if you know of any other breach of security in relation to the Service.
All the information that you provide when registering for an account and otherwise through the Service must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account directly and making the desired changes.
The Service allows Users to submit content, including, without limitation, information regarding Customer’s safety management (“Submissions”). As between a User and Customer, Customer may exclusively provide instructions to Company on how to handle Submissions. For example, Customer may provision or deprovision access to the Service, manage permissions, manage retention and export settings, and transfer or assign workspaces.
When you make Submissions to the Service, you represent, warrant and covenant that:
- Your Submissions are related to the intended purpose of the Service, which is to facilitate safety management.
- The use, creation, modification, distribution, transmission, display or performance, and the accessing, downloading, or copying of your Submission does not and will not infringe or violate the rights of any third party, including, but not limited to, copyright, patent, trademark, trade secret, moral rights, and privacy rights.
- You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company, the Service, and other Users of the Service to use your Submission in any manner contemplated by the Service and these Terms.
- Your Submission is not false, inaccurate, or misleading.
- Your Submission does not violate any applicable law, regulation, or rule.
Company reserves the right to remove any Submission by you if Company determines, in Company’s sole discretion, that your Submission is inappropriate for the Service.
You hereby grant Company a worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Submissions to provide Service to the Customer you are associated with consistent with the functionality of the Service. This license continues even if you stop using the Service.
Company shall maintain a Submission for up to five years after such Submission is first posted to the Service, provided that Company may at any time notify Customer that it intends to cease maintaining such Submission; in such a case, Customer shall have the right to receive a copy of the Submission in native format, at a fee to specified by Company, by requesting the same within 30 days of the date of notice from Company of its intent to cease maintaining Submission. In addition, subject to any applicable laws that require Company to continue to maintain Submission, such as a subpoena or a litigation hold, Customer may at any time request that Company remove Submission that has been provided to the Service. Customer is solely responsible for and shall indemnify Company from and against any liability, cost, loss, lawsuit, claim, investigation, sanction or expense (including attorney’s fees) that arises out of the removal of any Submission at the request of Customer.
Company reserves the right, but not the obligation, to:
- Monitor the Service for violations of these Terms.
- In Company’s sole discretion, and without limitation, refuse or restrict your access to the Service, or limit the availability of the Service to you, if you breach the law or these Terms.
- Take appropriate legal action against anyone who, in Company’s sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities.
- In Company’s sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof, if you breach the law or these Terms.
Company cannot guarantee the Service will be available to you at all times. Company and/or its system’s aggregator may experience hardware, software, or other problems or may need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You may also experience problems connecting to the internet, and therefore to the Service. While the Company will take reasonable steps to make the Service available, you agree not to hold Company liable whatsoever for any loss, damage, or inconvenience howsoever arising caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
When Customer provides Customer’s payment method to Company, Customer is granting its express consent and are expressly authorizing Company to automatically charge Customer each billing cycle for Customer’s subscription, plus any applicable taxes. If Customer provides a payment method and Company’s charge results in an overdraft, chargeback, or other fee from Customer’s bank, Customer alone are responsible for that fee.
Except where the Company has materially breached these Terms or as otherwise set forth herein, all fees paid to the Company are non-refundable, subject to applicable laws.
Customer must provide and at all times must maintain accurate, complete, and current billing information, including but not limited to Customer’s billing address, credit card number, and credit card expiration date. If Customer fails to disclose any such information, Customer agrees that Company may continue charging Customer for subsequent billing cycles, unless Customer has terminated Customer’s subscription as set forth herein. If Customer become aware of a potential breach of security to Customer’s billing information (such as credit card loss or theft), Customer must notify Company immediately.
If Customer does not pay on time or if Company cannot charge Customer’s credit card or other payment method for any reason, Company reserves the right to either suspend or terminate Customer’s subscription. Customer also agree that Customer will be responsible for all costs and expenses incurred by Company, such as court costs, collection fees, and attorney fees, incurred in connection with such collection efforts.
Company reserves the right at any time and from time to time to change, modify, add, remove, suspend, cancel, or discontinue any aspect of its subscriptions in the Company’s sole discretion upon notice to you, subject to applicable laws.
In addition, Company may modify its subscription fees from time to time. In the event the subscription fee for Customer’s subscription plan has been modified, and Customer is required to pay a different fee than at the time Customer entered into these terms, Customer will be notified before Customer is billed at the different rate at the email address for Customer on file and have the opportunity to cancel Customer’s subscription. If Customer does not cancel Customer’s subscription before the next subscription renewal date (at the new rate), Customer will be deemed to have accepted the new fees.
Notwithstanding anything else in these Terms or otherwise, Company may monitor your use of the Service and use data and information related to such use, and any Submission to create insurance risk scoring (“Risk Scoring”) with respect to Customer that with Customer’s approval, can be provided to underwriters for quoting and issuing workers compensation insurance policies. Company may further monitor and analyze your use of the Service and use data and information related to such use, and any Submission, in an aggregate and anonymous manner, including for research purposes and industry safety trends, and to compile statistical and performance information related to the provision and operation of the Service (“Aggregated Statistics”). All right, title and interest in the Aggregated Statistics and Risk Scoring and all intellectual property rights therein, belong to and are retained solely by Company. You agree that Company may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer or specific Submission.
Safesite is a trademark of Company. Other trademarks, names and logos on the Service are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Service, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2020 Safesite Solutions, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Your use of the Service is at your own risk. While Company endeavors to ensure the functionality of the Service, the Materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy or timeliness of the Materials contained on the Service. To the extent permitted by applicable laws, Company has no liability for any errors or omissions in Materials, whether provided by Company, our licensors or suppliers or other Users.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.
WHILE COMPANY ENDEAVORS TO ENSURE THE FUNCTIONALITY OF THE SERVICE, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO COMPANY FOR THE SERVICE IN THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent permitted by applicable law, Customer agree to indemnify and hold harmless Company from and against any and all claims, suits, actions, demands and proceedings against Company and all losses, costs, damages, expenses (including reasonable attorneys’ fees) and liabilities related thereto arising out of or related to: (i) Customer or its Users’ violation of these Terms, (ii) Customer or its Users’ Submission to the Service, (iii) any safety or other compliance decision or action taken by Customer based on the Service, or (iv) Customer or its Users’ violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive these Terms and Customer’s use of the Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Company an exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Company may determine in its sole discretion. Notwithstanding the foregoing, you understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
The Terms entered into hereunder between Company and User remain effective until the applicable Customer’s plan expires or terminates, or User’s access to the Service has been terminated by Customer or Company.
Upon the termination of the Terms entered into hereunder between Company and User, User shall cease accessing and using the Service, and Company may take such actions to preclude such access and use.
The disclaimer of warranties, representations made by User, limitations of liability and general provisions shall survive any termination of the Terms entered into between Company and User.
Company may terminate the Terms entered into hereunder between Company and Customer at any time and for any reason by terminating Customer’s account on the Service or giving written notice to Customer.
Similarly, if Customer has a free plan, Customer may terminate the Terms entered into hereunder between Company and Customer at any time and for any reason by terminating Customer’s account on the Service, and if Customer has a premium plan, Customer may terminate the agreement hereunder between Customer and Company by cancelling Customer’s subscription in the manner described above under the heading “Automatic Renewals and Cancellations of Premium Plan Subscription”.
If Company terminates Customer’s account without cause, and Customer purchased a subscription for a premium plan, Company will refund Customer a prorated portion of Customer’s prepayment, if any. Company will not refund or reimburse Customer in any other situation, including if Customer’s account is suspended or terminated for cause, like a breach or any violation of these Terms by Customer.
Upon the termination of the Terms entered into hereunder between Company and Customer, Customer and its Users shall cease accessing and using the Service, and Company may take such actions to preclude such access and use.
The disclaimer of warranties, representations made by Customer, indemnities, limitations of liability and general provisions shall survive any termination of the Terms entered into between Company and Customer.
Company prefers to advise you if Company feels you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company, may result in immediate termination of your access to the Service without prior notice to you. California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.
If you are located in the United States, any suit or proceeding arising out of or relating to these Terms or the Service must be brought in the state or federal courts located in San Francisco County, California, and the parties hereby submit to the personal jurisdiction and venue of such courts.
If you are not located in the United States, any dispute, controversy or claim arising out of or relating to these Terms or the Service, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Francisco, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Notwithstanding the above, nothing in these Terms shall be deemed as preventing Company from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect Company’s name, proprietary information, trade secrets, know-how, or any other intellectual property or proprietary rights.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about the Service.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at firstname.lastname@example.org