These Terms of Use ("Terms") are a binding agreement between WorkerSafe, Inc. ("WorkerSafe," "we," "us," or "our") and you. They govern your access to and use of our marketing websites at https://www.workersafe.com (the "Website") and our safety management software application, including the web application at https://app.workersafe.com and our mobile apps for iOS and Android (together, the "Application," and with the Website, the "Services").
Please read these Terms carefully. By accessing the Website or by accessing or using the Application, you agree to these Terms. If you do not agree, do not use the Services.
1. Relationship to Other Agreements
Some customers access the Application under a separate written agreement negotiated and signed with WorkerSafe (for example, a master subscription agreement, order form, or enterprise agreement) (a "Negotiated Agreement"). If a Negotiated Agreement exists between WorkerSafe and the organization on whose behalf you use the Application, that Negotiated Agreement governs use of the Application and controls over these Terms to the extent of any conflict. In that case, these Terms continue to apply to your use of the Website and to any subject matter the Negotiated Agreement does not address.
If there is no Negotiated Agreement, these Terms are the complete agreement governing your use of the Services.
The order of precedence is: (1) an applicable Negotiated Agreement, including its order forms; then (2) these Terms; then (3) any other guidelines or policies referenced here.
2. Who May Use the Services
The Website is available to the general public for informational purposes. The Application is intended for use by businesses and their authorized personnel, not by consumers for personal use.
To use the Application, you must be at least 18 years old and have the authority to accept these Terms. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization and its authorized users.
You are responsible for ensuring your users comply with these Terms.
3. Accounts and Security
Access to the Application requires an account. You agree to provide accurate registration information and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at compliance@workersafe.com of any unauthorized use or suspected security breach.
We may provision, suspend, or manage user accounts within your organization's environment according to the roles and permissions your administrators configure.
4. Subscriptions, Fees, and Payment
Access to the Application is offered on a subscription basis. Except where a Negotiated Agreement applies, the fees and subscription term applicable to your use are those set out in the order or invoice provided to you.
Fees are invoiced, and payment is due according to the payment terms stated on the applicable invoice. Unless otherwise stated on the invoice or in a Negotiated Agreement, fees are non-refundable and exclusive of taxes, and you are responsible for any applicable taxes. If any amount is past due, we may suspend access to the Application until payment is received.
5. Customer Data
"Customer Data" means the data, content, and information you or your users submit to or generate within the Application, including incident reports, inspection records, and related materials.
As between you and WorkerSafe, you retain all rights in Customer Data. You grant WorkerSafe a limited license to host, process, transmit, and display Customer Data solely to provide and support the Services and as otherwise permitted by these Terms or an applicable Negotiated Agreement. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it to us.
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
6. Acceptable Use
You agree not to, and not to permit any user or third party to:
- Use the Services in violation of any applicable law or regulation.
- Access or use the Services to build a competing product, or copy, reverse engineer, decompile, or attempt to derive source code, except as permitted by law.
- Upload or transmit malicious code, or interfere with or disrupt the integrity or performance of the Services.
- Attempt to gain unauthorized access to the Services or their related systems or networks.
- Use the Services to store or transmit infringing, defamatory, or otherwise unlawful material, or material that violates the privacy or rights of others.
- Resell, sublicense, or make the Services available to any third party except as expressly permitted.
- Remove or obscure any proprietary notices.
- Use the Website's content other than for its intended informational purpose.
We may investigate and take appropriate action, including suspending or terminating access, for violations of this section.
7. Intellectual Property
The Services, including all software, text, graphics, logos, and other content we provide (excluding Customer Data), and all intellectual property rights in them, are owned by WorkerSafe or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term solely for your internal business purposes and in accordance with these Terms. All rights not expressly granted are reserved.
"WorkerSafe" and our logos are our trademarks. You may not use them without our prior written permission.
If you provide feedback or suggestions about the Services, you grant us a perpetual, royalty-free right to use them without restriction or obligation to you.
8. Third-Party Services
The Services may integrate with or link to third-party products and services. We are not responsible for third-party products or services, and your use of them is governed by their own terms. Integrations may be added, changed, or discontinued.
9. Mobile Application
We offer the Application as a mobile app for iOS and Android devices (the "Mobile App"), available through the Apple App Store and Google Play. Your download and use of the Mobile App is also subject to the terms, policies, and usage rules of the applicable app store.
License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Mobile App on a device you own or control, solely for your internal business purposes and in accordance with these Terms.
App store terms. You acknowledge that these Terms are between you and WorkerSafe only, and not with Apple or Google. The applicable app store provider is not responsible for the Mobile App or for providing any support or maintenance for it. The app store providers are third-party beneficiaries of these Terms and may enforce them as they relate to your use of the Mobile App, and you represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
Device permissions. The Mobile App may request access to certain device features and data — such as your camera, photos, microphone, location, files, and push notifications — to enable functionality like capturing incident photos, recording site conditions, or receiving alerts. You can manage these permissions in your device settings, though disabling them may limit features.
Updates. We may release updates to the Mobile App, and your device may download and install them automatically. Some features may require you to install the latest version, and we may stop supporting older versions.
Offline use, device, and carrier charges. The Mobile App may store data locally on your device to support offline use and sync it when connectivity is restored. You are responsible for securing your device and for any mobile data or carrier charges arising from your use of the Mobile App.
10. Service Availability and Changes
We strive to keep the Application available but do not guarantee uninterrupted access. We may modify, update, suspend, or discontinue features of the Services, in whole or in part, from time to time.
The Application is provided under these Terms without any service level commitment. Any uptime or service level commitment applies only if expressly set out in a Negotiated Agreement.
We may perform scheduled or emergency maintenance and will use reasonable efforts to limit disruption.
11. Term, Suspension, and Termination
These Terms apply while you use the Services. For self-serve subscriptions, your subscription continues for the term selected at purchase and any renewals until cancelled.
We may suspend or terminate your access to the Services if you materially breach these Terms, if required by law, or to protect the Services or other users. You may stop using the Services at any time.
Upon termination, your right to access the Application ends. Handling and deletion of Customer Data following termination is described in our Privacy Policy and, where applicable, your Negotiated Agreement. Sections that by their nature should survive termination will survive, including provisions on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Services are tools to assist with safety management and do not constitute legal, regulatory, or professional safety advice. You are responsible for your own compliance with applicable workplace-safety laws and regulations (including OSHA requirements) and for your safety-related decisions. Use of the Services does not guarantee compliance or any particular outcome. We do not warrant that the Services will be error-free, secure, or uninterrupted, or that any content or data will be accurate.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKERSAFE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKERSAFE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO WORKERSAFE FOR THE APPLICATION IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Where a Negotiated Agreement contains its own liability terms, those terms control for the Application.
14. Indemnification
You agree to indemnify and hold harmless WorkerSafe and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your Customer Data, your use of the Services, or your violation of these Terms or applicable law, except to the extent caused by WorkerSafe's own violation of these Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws rules. The parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Douglas County, Nebraska for any dispute not otherwise subject to a Negotiated Agreement.
16. Changes to These Terms
We may update these Terms from time to time. We will post the updated version with a revised "Last updated" date and, where required, provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes acceptance. Where a Negotiated Agreement governs, changes to these Terms do not modify that agreement.
17. General
These Terms, together with any documents they incorporate and any applicable Negotiated Agreement, are the entire agreement between you and WorkerSafe regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or joint venture.
18. Contact Us
Questions about these Terms may be directed to:
WorkerSafe, Inc.
18881 West Dodge Road, Suite 200W, Elkhorn, Nebraska 68022
compliance@workersafe.com