Terms of Service

1. Agreement

These Terms govern use of SafetyCompass (the "Service"), operated by MilConnect Inc. ("MilConnect", "we", "us"). The organization that subscribes is the "Customer"; the people it authorizes to sign in are "Users". By accepting these Terms for a Customer, you confirm that you have authority to bind it. If the Customer has signed an order form or subscription agreement with us, that document controls where it conflicts with these Terms.

2. The Service

SafetyCompass is a subscription service for workplace safety reporting, ISO 45001 self-audits and implementation planning, and OSHA injury and illness recordkeeping. It is offered to businesses and public bodies, not to consumers.

3. Accounts and security

• Customer administrators create User accounts and assign roles, including the medical records permission that controls access to OSHA 301 information. The Customer is responsible for those assignments.
• Each User needs their own account. Accounts may not be shared.
• Every User must use multi-factor authentication with an authenticator app.
• Users must keep their credentials secure and tell us promptly at legal@safetycompass.ai about any unauthorized use.

4. Customer data

The Customer owns the records it and its Users put into the Service ("Customer Data"). The Customer grants us the limited right to host, process, back up and display Customer Data only to provide, secure and support the Service and to meet our legal obligations. We handle Customer Data as described in our Privacy Policy.

The Customer is responsible for having the right to provide Customer Data to us, including any notices to or consents from its employees that the law requires.

5. Your records, your compliance

SafetyCompass is a tool. It is not legal, regulatory, medical or safety-engineering advice, and it does not take over any duty the Customer has as an employer or operator.

• The Customer is responsible for the accuracy and completeness of its records, including whether a case is recordable, how it is classified, and whether it is a privacy concern case.
• The Customer is responsible for its own submissions, postings and certifications, including Form 300A posting and certification and electronic submission to OSHA under 29 CFR 1904.41.
• Rates such as TRIR and DART are calculated from the hours and cases the Customer enters, and are only as accurate as that data.
• Checklists, templates, hazard analyses, pre-task planning forms and standards references are starting points. A qualified person should review them for the Customer's site and work.
• Using the Service does not guarantee ISO 45001 certification, a successful audit or inspection, or compliance with any law. It does not replace any approval, acceptance or oversight by OSHA, the FAA or any other authority.

6. Acceptable use

Users may not:

• attempt to access another Customer's data or any account that is not their own;
• probe, scan or test the Service's security, or bypass its controls, without our written permission;
• upload malware or content that is unlawful or that they have no right to share;
• overload or disrupt the Service, or extract data by automated means other than the connected-app interface we provide;
• copy, resell or reverse engineer the Service, except where the law allows it despite this restriction.

7. Connected apps

A Customer may connect other products to the Service. Connected apps are optional, are provided by their own providers under their own terms, and receive only what the Privacy Policy describes. The Customer decides which apps to connect and can disconnect them at any time. We are not responsible for a connected app's own handling of data.

8. Fees

Fees, billing periods and renewal are set out in the Customer's order form or subscription. Fees exclude taxes, which the Customer pays except for taxes on our income. If an undisputed invoice remains unpaid after notice, we may suspend the Service until it is paid.

9. Suspension

We may suspend a User or Customer if needed to prevent a security risk or harm to the Service or others, for a material breach of these Terms, or for non-payment. Where practical we will give notice first and restore access promptly once the cause is resolved. Suspension does not delete Customer Data.

10. Term, termination and your data

The subscription term is set out in the order form. Either party may end it if the other materially breaches these Terms and does not cure the breach within 30 days of written notice.

For 30 days after termination the Customer may export its Customer Data. We then delete it as described in the Privacy Policy, except for archive copies that are locked for the legal retention period, which are deleted when their lock expires.

11. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care and maintain the security measures described in our Privacy Policy. Except for that commitment, the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. We do not warrant that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, and each party's total liability arising out of these Terms is limited to the fees the Customer paid for the Service in the 12 months before the claim arose. These limits do not apply to the Customer's payment obligations or to liability that cannot be limited by law.

14. Changes to these Terms

We may update these Terms. We will post the new version on this page with a new effective date and, for material changes, notify Customer administrators at least 30 days before they take effect. Continued use after that date means acceptance.

15. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The courts located in Delaware have exclusive jurisdiction over any dispute arising out of them, and each party consents to that jurisdiction.

16. General

These Terms, the Privacy Policy and any order form are the entire agreement between the parties about the Service. If a provision is unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except to a successor of its business.

Questions: MilConnect Inc. · legal@safetycompass.ai