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[ CUSTOMER AGREEMENT ]

Terms of Service

Terms version 2026-08-30

These Terms are the agreement between neatforms and the company that buys it. They set out what we supply, what it costs, what each of us is responsible for, and what happens when either of us wants to stop. The people who fill in forms agree to the End-User License Agreement instead, which is a shorter document about using the app.

Definitions

1. Acceptance and Authority

1.1 You accept these Terms when you tick the box on the sign-up form, and again each time we ask an administrator to accept an amended version. Using the Service also accepts them.

1.2 The person who accepts these Terms represents that they are authorized to enter this agreement on behalf of Customer, and that Customer is bound by it. If you do not have that authority, do not accept.

1.3 Your Authorized Users are not parties to these Terms. They agree to the End-User License Agreement when they set up their account, and you agree under 4.4 to make sure they do.

2. Agreements That Take Precedence

2.1 Where you and we have signed a separate written agreement covering the Service, that agreement governs and prevails over these Terms to the extent of any conflict. These Terms fill in whatever the signed agreement does not deal with.

2.2 These Terms incorporate the Privacy Policy, the End-User License Agreement, and Schedule A. Where a conflict concerns the handling of personal information, the Privacy Policy governs. Where it concerns anything else, these Terms govern.

2.3 No purchase order, vendor portal registration, or other document you issue varies these Terms, whatever it says, unless we have signed it.

3. The Service

3.1 We host and operate the Service. You reach it over the internet at the web address chosen for your account. There is nothing to install and no hardware changes hands.

3.2 We grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your own internal business operations, for as long as this agreement runs and your account is paid up.

3.3 What the Service does for you is set by the plan and optional modules you selected, and by the forms and modules your administrators turn on. Buying a plan does not entitle you to a module you did not buy.

3.4 We change the Service as we improve it. Where we intend to remove a capability you rely on, or materially reduce one, we will tell your administrators by email before we do it.

3.5 We do not commit to a level of uptime, a response time, or a support window, and we offer no service level agreement. We aim to keep the Service running and to answer you quickly, and neither of those is a term of this agreement. Where you need contractual commitments of that kind, write to us and we will discuss a separate agreement under 2.1.

4. Accounts and Authorized Users

4.1 A seat is any account that can sign in. Administrators occupy a seat in the same way workers do, and your plan states how many seats it covers.

4.2 Where the number of accounts on your organization exceeds what your plan covers, the Service stops accepting new submissions until you remove accounts or move to a larger plan. Everything already filed stays available to open and download.

4.3 You are responsible for what your Authorized Users do with the Service, for keeping their credentials confidential, and for removing an account when someone leaves. Tell us promptly if you believe an account has been compromised.

4.4 You will make sure each Authorized User accepts the End-User License Agreement before using the Service. The Service asks each of them to accept it at account setup, which satisfies this obligation for accounts created that way.

4.5 Keep your account and billing details accurate. We send notices to the administrator email addresses on the account, and an address we cannot reach is your risk, not ours.

5. Fees, Billing and Renewal

5.1 Fees are stated and payable in Canadian dollars, at the price for your plan and modules shown on the pricing page when you subscribe. Where a tax applies to your purchase, it is shown before you pay.

5.2 We take payment through Stripe, which processes payments on our behalf. Your card details go to Stripe and never reach us. The terms Stripe sets govern its own handling of your payment instrument.

5.3 You choose monthly or annual billing at sign-up. An annual subscription is charged as ten months of the monthly rate, once a year, in advance. A monthly subscription is charged monthly in advance.

5.4 Your subscription renews automatically for successive periods of the same length until you cancel it under 7.1.

5.5 You can change plan from Plan & Billing. A change that increases what you pay takes effect immediately, with the difference charged pro rata. A change that reduces it takes effect at the end of the period you have already paid for, and you keep the plan you paid for until then.

5.6 We may change our prices. A change takes effect for you at your next renewal, and we will give your administrators at least 30 days’ notice by email before it does. Cancelling before the renewal under 7.1 avoids the new price.

5.7 Fees already paid are not refundable, in whole or in part, when you cancel or when we terminate for your breach. You keep access for the rest of the period you paid for. Nothing here limits a refund we are required by law to give, and we can always choose to give one.

5.8 Where a payment fails, Stripe retries it and writes to you. If it is still unpaid once those attempts are exhausted, 7.2 applies.

5.9 An amount that is still unpaid thirty (30) days after it fell due carries interest at one percent (1%) per month, being twelve percent (12%) per year, calculated and compounded monthly from the due date until paid. We are not obliged to charge it, and not charging it on one occasion does not waive it on another.

6. Free Trial

6.1 A free trial runs for 30 days from the day your account is created. It takes no card and costs nothing, and both optional modules are included so you can see the whole product.

6.2 One trial per email address. Where an address has already had one, the sign-up form says so and offers a paid plan instead.

6.3 At the end of the trial the account becomes read-only. Everything filed during the trial stays in the account and stays downloadable, and choosing a plan from Plan & Billing starts filing again. Sections 12, 13 and 14 apply to a trial in full.

7. Cancellation, Suspension and Termination

7.1 You can cancel at any time from Plan & Billing, or by writing to business@neatforms.ca. Cancelling stops the next renewal. You keep full use of the Service until the end of the period you have already paid for.

7.2 Four things put an account into read-only: a payment that has failed and stayed unpaid, a finished trial, a cancelled account whose paid period has run out, and more accounts than the plan covers. In every one of them, administrators keep signing in and every Record stays open and downloadable. What stops is filing new ones. These are safety compliance records for work that actually happened, and a company that is behind on a bill still has to be able to produce the hazard assessment from the day of an incident.

7.3 We may suspend your access, in whole or in part, where you are using the Service in breach of Section 9, where your use threatens the security or operation of the Service, or where the law requires it. We will tell you why, and restore access once the cause is resolved.

7.4 Either of us may terminate this agreement on written notice where the other is in material breach of it and has not cured the breach within 30 days of being told about it in writing.

7.5 For 30 days after this agreement ends, you may ask us in writing for an export of your Records and Worker Data, and we will provide it in a commonly used format at no charge. After that period we delete them as described in Section 6 of the Privacy Policy.

7.6 The following survive the end of this agreement, however it ends: Sections 2, 8, 10, 11, 12, 13, 14, 15 and 17; Schedule A; your obligation to pay an amount that fell due before this agreement ended, together with interest under 5.9; and 7.5 for the period it describes. Section 2 survives because a dispute about which document governed has to be answerable after the agreement it governed has gone.

8. Your Records

8.1 Your Records and your Worker Data are yours. We claim no ownership of them, and nothing in this agreement transfers any right in them to us.

8.2 We hold them on your behalf and handle them under Schedule A and the Privacy Policy. For Worker Data, you are the organization accountable to your people under privacy law, and we act as your service provider.

8.3 We do not sell your Records or Worker Data, and we do not use them to profile a worker, to make an automated decision about a worker, or to train any machine learning or artificial intelligence system.

8.4 You decide what your forms ask for and who is given an account. You are responsible for having the authority to collect what you collect, for telling your people what you collect and why, and for meeting your own obligations under privacy, occupational health and safety, and employment standards law.

8.5 We retain Records for as long as your account is active, and longer where a minimum retention period under occupational health and safety or employment standards law applies to a record you rely on us to hold. Section 6 of the Privacy Policy sets out the detail.

9. Acceptable Use

You will not, and will not permit anyone else to:

10. Restrictions

The licence in 3.2 does not entitle you to:

Giving your own Authorized Users accounts is not resale, and neither is filing records for work you are contracted to perform for someone else.

11. Ownership

11.1 The Service, its source code, its design, and every intellectual property right in them are and remain ours. You get the licence in 3.2 and nothing beyond it. Rights we do not grant here, we keep.

11.2 Where you send us an idea, a request, or a comment about the Service, we may use it to improve the Service without owing you anything for it. We claim no right in your Records, your Worker Data, your logo, or your business information by this clause, and we will not identify you as the source of an idea without your permission.

11.3 We may use your name and logo to identify you as a customer only with your written permission, and you may withdraw that permission at any time.

12. What We Do Not Promise

12.1 The Service is provided as is and as available. To the fullest extent the law allows, we make no representations or warranties of any kind, express or implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will run uninterrupted or free of error, and we are not responsible for the results of your use of it or for anything you or anyone else does on the basis of it.

12.2 The Service is a record-keeping tool. It records what your people enter and produces a document from it. It does not assess a hazard, verify that anything entered is accurate or complete, determine whether you comply with occupational health and safety law or any other law, or substitute for the judgement of a competent person on site. Pre-configured tasks, hazards and controls are a starting point that your people are required to review and correct against the actual conditions in front of them, and the End-User License Agreement says so to each of them.

12.3 Nothing we supply is legal, regulatory, engineering, medical, occupational hygiene or other professional advice, and none of it may be relied on as such. This covers the Service, the pre-configured tasks, hazards and controls it ships with, anything our support answers, and any other material we give you. Where a decision needs a competent person or a licensed professional, engage one.

12.4 Deciding whether a record satisfies your legal obligations, and keeping it for as long as the law requires, remain yours to do.

13. Limitation of Liability

13.1 Our total liability to you, for all claims arising out of or relating to this agreement or the Service, whether in contract, tort including negligence, strict liability, by statute, or on any other basis, is limited in aggregate to the fees you paid us in the twelve months immediately before the event giving rise to the claim. Where you have paid us nothing in that period, our liability is limited to one hundred Canadian dollars.

13.2 Subject to 13.3, neither of us is liable to the other for loss of profit or revenue, loss of business, loss of data other than as set out in this agreement, or for indirect, special, incidental, punitive or consequential damages, even if told that they were possible.

13.3 Neither 13.1 nor 13.2 limits what you owe us under Section 14, or what you owe us in fees. An award made against us by a court in favour of a third party is a direct loss to us for the purposes of Section 14, whatever heads of damage make it up, and 13.2 does not reduce your obligation to pay it.

13.4 The limits in 13.1, 13.2 and 13.3 apply even if a remedy in this agreement fails of its essential purpose, and they survive a fundamental breach.

13.5 No claim relating to this agreement may be brought more than two years after the cause of action arose.

13.6 Nothing in this Section limits liability that the law does not allow us to limit, including liability for fraud or for our own wilful misconduct.

13.7 The limits in 13.1 and 13.2 do not apply to a claim for bodily injury to or the death of any person. Liability for such a claim is governed by the law that applies to it.

14. Indemnity

14.1 You will defend us against a claim brought against us by a third party arising out of your use of the Service, the content of your Records, your breach of Section 9, or your breach of your own obligations under privacy, occupational health and safety, or employment standards law. You will pay the damages finally awarded against us on such a claim, together with our reasonable legal costs.

14.2 This indemnity applies only where we tell you about the claim promptly, let you control its defence and settlement so far as it concerns only money, and give you reasonable assistance at your expense. We may take part in the defence with our own counsel at our own cost. You may not settle a claim in a way that admits fault on our behalf or imposes an obligation on us without our written consent.

14.3 This indemnity does not apply so far as the claim arises from our own breach of this agreement.

15. Confidentiality

15.1 Each of us may learn business, technical or financial information of the other that is not public. Each of us will keep it confidential, use it only for this agreement, and protect it with at least the care we use for our own information of the same kind, and never less than reasonable care. Our source code and the design of the Service are our confidential information. Your Records and Worker Data are yours.

15.2 This does not apply to information that is already public without either of us being at fault, that the receiving party already had without a duty of confidence, that a third party free to disclose it provides, or that the receiving party develops independently.

15.3 Either of us may disclose the confidential information of the other where the law or a court requires it, after giving the other reasonable notice where it is lawful to do so.

16. Changes to These Terms

16.1 We may amend these Terms. The version date appears at the top of this page, and we record which version you accepted and when.

16.2 Where a change is substantive, we ask your administrators to review and accept the amended Terms the next time they sign in, and we record that acceptance against the new version. The version you accepted governs until you accept a later one. A change that reduces your rights or increases your obligations does not take effect for you before your next renewal.

16.3 Where you do not want to accept an amended version, cancel under 7.1 before your next renewal.

17. General

17.1 This agreement 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.

17.2 Neither of us is liable for a failure or delay caused by something beyond our reasonable control, including acts of God, acts of government, war, strikes, pandemics, failures of communications networks, and denial of service attacks. This does not excuse your obligation to pay for the period before the event.

17.3 Notices to you go to the administrator email addresses on your account. Notices to us go to business@neatforms.ca, or by prepaid registered mail or courier to neatforms, 5005 Dalhousie Dr NW, Unit 175 #1329, Calgary, Alberta T3A 5R8. An emailed notice is received on the next business day. A mailed notice is received five business days after it is sent, and a couriered notice on delivery. Either of us may change its address for notices by giving notice of the new one.

17.4 You may not assign this agreement without our written consent, which we will not withhold unreasonably, except that you may assign it to a successor of your business on written notice to us. We may assign it to a successor of our business, and Section 12 of the Privacy Policy governs what happens to personal information in that case.

17.5 Where any provision of this agreement is invalid or unenforceable, it is severed to the extent of the problem and the rest continues in force.

17.6 A failure to enforce a provision is not a waiver of it, and a waiver is effective only in writing.

17.7 Subject to Section 2, this agreement together with the Privacy Policy, the End-User License Agreement and Schedule A is the entire agreement between us about the Service, and replaces anything said or written before it.

17.8 This agreement is published in English. A French version is available at no charge to any customer who asks for one, by writing to the address in 17.3, and we will provide it before you are required to accept these Terms if you ask for it then. By accepting these Terms in English, you confirm it is the express wish of both of us that this agreement and all documents relating to it, including notices given under it, be drawn up in English.

La présente convention est publiée en anglais. Une version française est fournie gratuitement à tout client qui en fait la demande à l’adresse indiquée à l’article 17.3, et elle vous sera remise avant que vous ayez à accepter les présentes conditions si vous en faites la demande à ce moment. En acceptant les présentes conditions en anglais, vous confirmez qu’il s’agit de la volonté expresse des deux parties que cette convention et tous les documents s’y rapportant, y compris les avis donnés en vertu de celle-ci, soient rédigés en anglais.

17.9 Nothing in this agreement makes either of us the partner, agent, or employee of the other.

17.10 This agreement is between you and us alone. Nobody else acquires a right under it, and that includes your Authorized Users, who are covered by the End-User License Agreement instead. Neither of us can be sued under this agreement by a person who is not a party to it.

Schedule A: Data Processing Terms

This Schedule governs our handling of Worker Data. It forms part of these Terms, and accepting them accepts it. Terms defined above carry the same meaning here.

A.1 Roles. As between you and us, you are the organization accountable for Worker Data under the Personal Information Protection and Electronic Documents Act and equivalent provincial legislation, including the Personal Information Protection Act of Alberta and of British Columbia. We act as your service provider, processing Worker Data on your behalf and on your instructions. You are responsible for the lawful basis on which Worker Data is collected and for telling your people what you collect and why.

A.2 Scope and instructions. We process Worker Data only to provide, operate, secure, troubleshoot and maintain the Service, to deliver Records to the addresses you designate, and as the law requires. Your instructions are the configuration choices your administrators make in the Service and any further written instruction you give us. Where we believe an instruction breaks privacy law, we will tell you rather than carry it out.

A.3 Confidentiality. Anyone we allow to handle Worker Data is bound to keep it confidential, and reaches only what their work requires.

A.4 Security. We maintain reasonable administrative, technical and organizational measures to protect Worker Data against unauthorized access, loss, alteration and disclosure, appropriate to its sensitivity. Section 9 of the Privacy Policy describes the measures in place. No safeguard is complete, and we do not represent that the Service is immune from every attack.

A.5 Sub-processors. We use service providers to run the Service, each engaged for one defined function and none authorized to use Worker Data for anything beyond it. Section 5.1 of the Privacy Policy lists those functions, and we will name the provider performing any of them to you on request. You authorize us to engage them. Where we replace one or add another, the replacement is bound by obligations no less protective than those described here.

A.6 Location of processing. Our service providers store and process Worker Data on servers located in the United States, where it is subject to the laws of that country and may be reachable by United States courts and authorities under those laws. Section 5.2 of the Privacy Policy sets this out for the individuals concerned, and you are responsible for making your own disclosure to your people where your privacy obligations require one.

A.7 Breach notification. Where Worker Data under our control is lost, accessed without authorization, or disclosed without authorization, we will tell you without unreasonable delay, and in any event within 72 hours of confirming it. We will tell you what we know about what happened, what data is involved, what we are doing about it, and what we suggest you do. We will help you meet your own reporting and notification obligations. Section 10 of the Privacy Policy covers our own reporting duties.

A.8 Requests from individuals. Where a worker asks us for access to, correction of, or deletion of their personal information, and the request concerns information you entered or control, we will direct them to you and tell them we have done so. We will give you reasonable assistance in responding.

A.9 Return and deletion. Clause 7.5 governs export and deletion at the end of this agreement. We delete Worker Data at your written request during the agreement, within 30 days, except where a minimum retention period under occupational health and safety or employment standards law applies to a record you rely on us to hold.

A.10 No sale, no secondary use. We do not sell Worker Data. We may use information derived from it to operate and improve the Service only where that information cannot reasonably be used to identify any individual, and we do not use Worker Data to train any machine learning or artificial intelligence system.