End-User License Agreement
1. Acceptance
By accessing and using the Software, the User agrees to be bound by the terms of this EULA. If the User does not agree, they should not use the Software and should notify their supervisor.
This EULA is between the User and Developer, and it covers using the Software. It is not the agreement that put the Software in front of the User: Client has separately agreed to Developer’s Terms of Service, which is where the commercial arrangement lives, and to which this EULA is subject. Client decides which forms and features are turned on, and what those forms ask for. Developer’s handling of the User’s own personal information is set out in the Privacy Policy.
2. Permitted Use
The Software is provided for the sole purpose of completing and submitting the safety and workforce records Client has enabled — which may include Field-Level Hazard Assessments, equipment inspections, incident reports, time records, and worker certification records — in connection with the User’s employment or engagement with Client. Users may not use the Software for any unauthorized or unlawful purpose.
3. Accuracy of Submissions
Users are responsible for ensuring that information they enter into the Software, including selected tasks, identified hazards, and acknowledgment of controls, accurately reflects the actual conditions and risks present at the job site. Auto-populated content is a starting point only and must be reviewed and adjusted by the User as needed.
An incident report carries the same responsibility, and it is a record of something that actually happened. Users should write down what they saw and what was done about it. An incident report is not the place to guess at a cause, offer a medical opinion, or decide who was at fault.
4. Records About Other Individuals
Users granted administrative access may enter records about other workers, including certification and ticket records and scans or photographs of certificates. Such a User must have the authority to hold and upload that document, must upload only documents that relate to the named worker’s certifications, and must not upload identity documents or other personal records beyond what the certification record requires. Certification records cannot be edited once created; a correction is made by deleting the record and entering it again.
Any User, not only an administrator, may end up naming other people in a form. This happens most often when reporting an incident: who was involved, who saw it, and who was hurt. Record what the form asks for and what Client needs in order to act on it. Do not add medical detail, personal history, or opinions about a co-worker that the record does not call for. A completed record goes to Client, and the people named in it can ask what was written about them.
5. Access Credentials
Users must keep any shared passcode or access credential confidential and must not share it with unauthorized individuals.
6. No Warranty to Users
The Software is provided “as is” without warranty of any kind. Developer is not responsible for workplace decisions made by Users or Client based on use of the Software.
7. Termination of Access
Access to the Software may be suspended or terminated at any time by Client or Developer, including upon end of the User’s employment or engagement with Client.
Access also ends when Client’s own agreement with Developer ends. Where Client’s account becomes read-only, because a trial has finished or a payment has not been made, Users can still open and download records that were already filed, and filing new ones stops until Client sorts it out.
8. Limit of Developer’s Liability to Users
The User pays Developer nothing for the Software. Client licenses it, and Client’s agreement with Developer is where the commercial responsibility sits. To the fullest extent the law allows, Developer is not liable to a User for loss of profit or earnings, for indirect, special, incidental, punitive or consequential damages, or for any workplace decision made by the User, by Client, or by anyone else on the basis of a record filed through the Software. Developer’s total liability to any one User, for everything arising out of the Software, is limited to one hundred Canadian dollars.
This limit does not apply to a claim for bodily injury or death. A claim of that kind is governed by the law that applies to it.
Nothing here limits liability that the law does not allow Developer to limit, and nothing here affects any right a User has against Client, whether under employment law, occupational health and safety law, or workers’ compensation legislation. Those rights are between the User and their employer, and this EULA does not touch them.
9. Governing Law
This EULA is governed by the laws in force in the Province of Alberta, Canada, and the courts sitting in Edmonton, Alberta have jurisdiction over any dispute arising from it. Where a User works in another province and the law of that province gives them a right that cannot be contracted out of, this section does not take it away.