SafeTrak Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SafeTrak platform and related websites, applications, and services (collectively, the “Service”) provided by SafeTrak Technologies (“SafeTrak”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms on behalf of yourself and, if applicable, the entity you represent.

If you do not agree to these Terms, do not access or use the Service.

1. Binding Agreement and Authority

1.1 If you use the Service on behalf of a company or other legal entity (“Company”), you represent and warrant that you have full legal authority to bind that Company to these Terms and that you are of legal age to enter into a binding contract. In that case, “you” and “Customer” refer to the Company and its users.

1.2 You are responsible for ensuring that all of your employees, contractors, and other individuals who access the Service on your behalf (collectively, “Authorized Users”) comply with these Terms. You are liable for all acts and omissions of Authorized Users.

2. Nature of the Service (Critical Disclaimers)

2.1 The Service is a software tool only. It is intended to assist with workplace hazard reporting, safety documentation, and related record‑keeping and workflow support. It does not control physical workplace conditions.

2.2 The Service does not:

• provide legal, regulatory, or professional advice of any kind;
• provide safety compliance certification or any statement of compliance;
• guarantee that your workplace, processes, or documentation comply with any law, regulation, standard, or industry code;
• monitor your workplace, equipment, or personnel in real time;
• replace professional safety personnel, legal counsel, or regulatory authorities; or
• contact emergency services or any third party on your behalf.

2.3 All decisions regarding workplace safety, risk controls, corrective actions, training, incident investigation, and regulatory interactions are made by you and remain solely your responsibility. You acknowledge that you are solely responsible for understanding and complying with all applicable occupational health and safety, employment, privacy, and other laws and regulations in the jurisdictions where you operate.

3. Accounts, Access, and Security

3.1 You must provide accurate and complete information when creating an account and keep it up to date.

3.2 You are responsible for:

• maintaining the confidentiality and security of all account credentials, API keys, and access tokens;
• all activities that occur under your accounts, including actions taken by Authorized Users and by anyone using your credentials; and
• implementing appropriate technical and organizational measures (such as access controls and internal policies) within your own systems.

3.3 SafeTrak is not liable for any loss, damage, or claims resulting from unauthorized access to your account arising from your failure to safeguard your credentials or systems.

4. Customer Data and Responsibility

4.1 “Customer Data” means any data, content, or materials that you or your Authorized Users submit to, store in, or transmit through the Service, including hazard reports, incident descriptions, attachments, comments, user details, and configuration data.

4.2 You retain ownership of Customer Data. Subject to these Terms, you grant SafeTrak a worldwide, non‑exclusive, royalty‑free license to host, use, process, transmit, display, and otherwise handle Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to prevent or address service or technical issues, and as required by law.

4.3 You represent and warrant that:

• you have obtained and will maintain all rights, consents, and permissions necessary to submit Customer Data to the Service and to grant the rights described above;
• if you provide personal email addresses to invite Authorized Users to the Service, you have obtained their legally valid consent to collect and use their personal contact information for this purpose;
• Customer Data and your use of the Service do not and will not violate any applicable law or regulation or infringe, misappropriate, or violate any third‑party rights (including privacy, confidentiality, intellectual property, and personality rights); and
• any personal information included in Customer Data has been collected and is processed in compliance with applicable privacy and data‑protection laws, including notice and consent requirements where required.

4.4 SafeTrak does not verify, monitor, or endorse Customer Data and is under no obligation to do so. You are solely responsible for the accuracy, completeness, and legality of Customer Data and for any consequences of using or relying on it. You are solely responsible for configuring reporting windows, automated workflows, and disciplinary triggers in compliance with applicable labor laws, and SafeTrak disclaims any liability for your misuse of the Service’s automation features to execute retaliatory, discriminatory, or non‑compliant human resources practices.

5. Data Loss, Security, and Backups

5.1 SafeTrak implements commercially reasonable technical and organizational measures intended to protect Customer Data within the Service. However, no system is fully secure or error‑free.

5.2 SafeTrak does not guarantee that Customer Data will never be lost, corrupted, altered, or accessed without authorization. You are solely responsible for maintaining your own independent backups and archives of Customer Data outside the Service.

5.3 SafeTrak will not be liable for any loss, corruption, alteration, or unauthorized access to Customer Data, except to the extent that such limitation is not permitted by applicable law.

6. Subscription, Fees, Billing, and No Refunds

6.1 Access to the Service is provided on a subscription basis. All fees, subscription plans, usage limits, and included features are described in an order form, online plan description, or other commercial terms agreed between you and SafeTrak.

6.2 Unless otherwise stated in writing:

• all fees are quoted and payable in Canadian dollars (CAD);
• fees are billed in advance and are non‑refundable;
• you are responsible for all taxes (excluding SafeTrak’s income taxes), and taxes may be charged in addition to the fees.

6.3 SafeTrak may change pricing or plan features by posting updated information within the Service or providing notice to you. Changes will apply from the start of your next billing period or as otherwise stated in the notice.

6.4 If you fail to pay any amounts when due, SafeTrak may, without limiting its other rights and remedies, suspend or downgrade access to the Service, charge interest on overdue amounts, and/or accelerate future payments to become immediately due, all to the extent permitted by applicable law.

7. Cancellation, Suspension, and Data Retention

7.1 You may cancel your subscription in accordance with the process described in the Service or in your commercial terms. Unless otherwise stated, cancellation takes effect at the end of the then‑current billing period.

7.2 Following cancellation or termination of your subscription for any reason, SafeTrak may, but is not obligated to:

• provide read‑only access to Customer Data in your account for up to thirty (30) days; and
• delete or anonymize Customer Data from active systems after that period, subject to any longer retention required by law, internal backup retention policies, or legitimate business needs (such as audit, security, and accounting).

7.3 SafeTrak has no obligation to retain Customer Data beyond the applicable retention period and has no obligation to recover or restore Customer Data once deleted or anonymized.

8. Data Export

8.1 The Service may include tools or APIs that permit you to export certain Customer Data. Exported data and formats are provided “as is.”

8.2 SafeTrak does not warrant that any export will be complete, accurate, or compatible with any specific software, system, or format used by you or third parties.

9. Acceptable Use

9.1 You must use the Service only in accordance with these Terms, applicable laws and regulations, and any documentation or policies provided by SafeTrak.

9.2 You agree not to:

• misuse the Service or use it in a manner that could interfere with, disable, damage, or impair the Service or any other user’s access;
• upload, submit, or maintain any Customer Data that is knowingly false, misleading, fraudulent, defamatory, obscene, threatening, or otherwise unlawful;
• use the Service to create or store fabricated or misleading safety records, incident reports, or documentation;
• attempt to gain unauthorized access to the Service or related systems or networks, or to accounts or data belonging to other customers;
• bypass or attempt to bypass any security or access‑control measures;
• copy, modify, translate, adapt, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive or access the source code of the Service, except to the extent such restriction is prohibited by applicable law;
• resell, lease, sublicense, distribute, or otherwise make the Service available to any third party (other than Authorized Users) without SafeTrak’s prior written consent; or
• use the Service for any high‑risk or ultra‑hazardous activity where the failure of the Service could reasonably be expected to result in death, serious bodily injury, or catastrophic property or environmental damage, unless you have implemented appropriate safeguards and redundancies.

9.3 SafeTrak may, at its sole discretion and without liability, suspend or restrict access to the Service or remove Customer Data if SafeTrak believes there is or may be a breach of these Terms, a security or fraud risk, or harmful activity. SafeTrak will make reasonable efforts to notify you of any suspension where lawful and practical.

10. Third‑Party Services and Dependencies

10.1 The Service may rely on or integrate with third‑party products and services, such as hosting providers, payment processors, communication or notification services, or integrations that you enable.

10.2 SafeTrak does not control and is not responsible for third‑party products or services, their availability, security, or performance, or for any data loss or other harm caused by them. Your use of third‑party products or services may be subject to separate terms and policies between you and those third parties.

10.3 SafeTrak is not liable for any failure or delay in the Service caused by the acts, omissions, or failures of any third‑party provider or by your configuration of third‑party integrations. SafeTrak is explicitly not liable for delayed, dropped, or missed emergency alerts caused by environmental factors, including cellular dead zones, third‑party hardware malfunctions, or operating system restrictions, nor any resulting physical injury or death.

11. Service Availability, Modifications, and Beta Features

11.1 The Service is provided on an “as available” basis. SafeTrak does not guarantee that the Service will be uninterrupted, error‑free, or available at any particular time or from any particular location.

11.2 SafeTrak may modify, update, or discontinue any part or all of the Service at any time, including by adding or removing features or functionality. Where a change materially reduces the core functionality of a paid plan, SafeTrak will use reasonable efforts to provide advance notice.

11.3 Free Trials and No‑Charge Services: SafeTrak may offer access to certain Services at no charge, including 14‑day free trials, free accounts, and access to pre‑release or beta features (collectively, “No‑Charge Services”). Your use of No‑Charge Services is permitted only for the period designated by SafeTrak. SafeTrak may terminate your right to use No‑Charge Services at any time and for any reason at its sole discretion, without liability to you. To the maximum extent permitted by applicable law, No‑Charge Services are provided “as is” without warranties of any kind, and SafeTrak disclaims all obligations and liabilities with respect to No‑Charge Services, including any support, maintenance, warranty, and indemnity obligations. SafeTrak bears absolutely zero liability for any service disruptions, data loss, or safety incidents that occur during a free trial period.

12. Intellectual Property

12.1 As between the parties, SafeTrak and its licensors own all rights, title, and interest in and to the Service, including all software, interfaces, designs, documentation, and associated intellectual property rights. These Terms do not grant you any ownership interest in the Service or any SafeTrak intellectual property.

12.2 You may provide feedback, suggestions, or ideas about the Service (“Feedback”). By providing Feedback, you grant SafeTrak a worldwide, perpetual, irrevocable, royalty‑free license to use, copy, modify, and incorporate the Feedback into the Service or other products and services without any obligation or compensation to you.

12.3 Any text or images uploaded to AI features (“Input”) and the resulting generated material (“Output”) are Customer Data, and any use of AI Output or pre‑built templates from our Content Library is entirely at your own risk. You are solely responsible for ensuring that AI‑generated content and templates comply with safety standards and applicable laws.

13. Disclaimers of Warranties

13.1 To the fullest extent permitted by applicable law, the Service (including all content, features, integrations, and Beta Features) is provided “as is” and “as available,” with all faults and without any warranties or conditions of any kind, whether express, implied, statutory, or otherwise.

13.2 Without limiting the foregoing, SafeTrak expressly disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, non‑infringement, quiet enjoyment, accuracy, reliability, and that the Service or any output or data will meet your requirements, achieve any particular result, or be free from errors, interruptions, or security vulnerabilities.

13.3 You understand and agree that any use of the Service and any reliance on any data, reports, or outputs generated by or stored in the Service are at your sole risk.

14. Limitation of Liability (Critical)

14.1 To the maximum extent permitted by applicable law, SafeTrak and its affiliates, directors, officers, employees, contractors, and suppliers (collectively, the “SafeTrak Parties”) will not be liable to you or any third party for:

• workplace accidents, incidents, injuries, illnesses, near‑misses, or other safety outcomes;
• regulatory inspections, investigations, penalties, fines, or orders;
• loss, corruption, or alteration of Customer Data or other data;
• loss of profits, loss of revenue, loss of business, loss of goodwill, business interruption, or loss of anticipated savings; or
• any indirect, incidental, consequential, special, exemplary, or punitive damages, in each case whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if a SafeTrak Party has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

14.2 To the maximum extent permitted by applicable law, the total aggregate liability of the SafeTrak Parties arising out of or relating to the Service or these Terms will be limited to the greater of:

• the total amount of fees actually paid by you to SafeTrak for the Service during the three (3) month period immediately preceding the event giving rise to the claim; or
• one hundred (100) Canadian dollars (CAD 100).

14.3 The limitations and exclusions in this Section apply to all claims in the aggregate, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of the number of claims.

14.4 Some jurisdictions do not allow the exclusion of certain types of damages or the limitation of liability for certain acts (for example, for gross negligence or willful misconduct). To the extent that applicable law does not permit a particular exclusion or limitation, that exclusion or limitation will apply only to the maximum extent permitted by such law, and the SafeTrak Parties’ liability will be limited accordingly.

15. Indemnification (Very Important)

15.1 You agree to defend (at SafeTrak’s option), indemnify, and hold harmless the SafeTrak Parties from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your or any Authorized User’s access to or use of the Service;
• Customer Data, including any allegation that Customer Data is inaccurate, incomplete, unlawful, or infringes, misappropriates, or violates any rights of a third party;
• your failure to comply with any law, regulation, or industry standard applicable to you; or
• your breach of these Terms or any other agreement with SafeTrak.

15.2 SafeTrak reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with SafeTrak’s defense of such claims.

16. Term, Termination, and Effect of Termination

16.1 These Terms commence when you first access or use the Service and continue for as long as you or your Authorized Users access or use the Service or have an active subscription, unless terminated earlier in accordance with this Section.

16.2 SafeTrak may suspend or terminate your access to the Service (in whole or in part) at any time, with or without notice, if:

• you or any Authorized User materially breaches these Terms;
• your account is overdue or payment cannot be processed;
• SafeTrak believes your use of the Service presents a security, fraud, or legal risk; or
• SafeTrak decides to discontinue the Service in whole or in part.

16.3 Upon any termination of your access to the Service:

• your right to use the Service will immediately cease;
• any fees owed by you up to the date of termination will become immediately due and payable; and
• the data retention and deletion provisions in Section 7 will apply.

16.4 Sections that by their nature should survive termination (including, without limitation, Sections 2–5, 7–8, 10–15, 17–20) will survive termination of these Terms.

17. Governing Law and Dispute Resolution

17.1 These Terms and any dispute, claim, or controversy arising out of or relating to the Service or these Terms (whether in contract, tort, statutory, or otherwise) will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any conflict‑of‑laws rules.

17.2 Any dispute, claim, or controversy arising out of or relating to this Agreement, including statutory tort claims, shall be finally resolved by mandatory binding arbitration administered in the Province of Alberta. YOU AND SAFETRAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Changes to Terms

18.1 SafeTrak may update or modify these Terms from time to time. When we do so, we will revise the “Last updated” date above and may provide additional notice, such as by posting a notice within the Service or sending an email.

18.2 Unless a change is made for legal or administrative reasons or to address an urgent security or abuse issue, changes will take effect at the start of your next billing period or after a reasonable notice period specified in the notice.

18.3 If you do not agree to the updated Terms, you must stop using the Service before the changes take effect. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms.

19. Assignment

19.1 You may not assign, transfer, or delegate these Terms, or any rights or obligations hereunder, whether by operation of law or otherwise, without SafeTrak’s prior written consent. Any attempted assignment in violation of this Section is void.

19.2 SafeTrak may assign, transfer, or delegate these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

20. Miscellaneous

20.1 These Terms constitute the entire agreement between you and SafeTrak relating to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, or understandings (written or oral) relating to the Service, except where you and SafeTrak have executed a separate written agreement expressly stating that it overrides these Terms.

20.2 If there is a conflict between these Terms and any purchase order or other document you submit, these Terms will control unless expressly stated otherwise in a written agreement signed by both parties.

20.3 If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

20.4 The failure of SafeTrak to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

20.5 Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and SafeTrak. No person or entity other than the parties is intended to be a third‑party beneficiary of these Terms.

21. Contact

If you have questions about these Terms or the Service, you may contact us at:

SafeTrak Technologies
Alberta, Canada
support@safetrak.ca