SafetyPermit Terms of Service / Service Agreement
Version: ToS v1.0-draft
Applies to: Tenant customers (the organisations who subscribe to and administer a SafetyPermit account)
Provider: [COMPANY LEGAL NAME], [REGISTERED ADDRESS] ("SafetyPermit", "we", "us", "our")
1. Introduction & Acceptance
These Terms of Service ("Terms") form a binding agreement between [COMPANY LEGAL NAME] and the organisation that registers for or uses the SafetyPermit service ("Customer", "you", "your", "Tenant"). By creating a tenant account, accepting these Terms electronically, or using the Service, you agree to be bound by them. The individual accepting these Terms warrants that they are authorised to bind the Customer.
These Terms incorporate by reference the Data Processing Agreement, the Sub-processor List, the Retention Schedule, and the Cookie Notice.
2. Service Description
SafetyPermit is a multi-tenant software-as-a-service platform for issuing, managing, and tracking work safety permits in construction and industrial settings. The Service includes, without limitation:
- Tenant, site, area, and permit-type configuration.
- Worker check-in (including QR/kiosk and mobile flows), pre-work questionnaires, documentation upload, and terms acceptance.
- Permit issuance, extension, expiry, closure, and revocation workflows.
- Notifications via email and SMS, and mobile push to issuer/site applications.
- Reporting, dashboards, and audit logging.
The Service is provided on an evolving basis; features may be added, modified, or removed. We will use reasonable efforts to avoid materially degrading core functionality during a paid term.
3. Accounts, Tenants & Customer Responsibilities
3.1 Tenant administration. You are responsible for configuring your tenant, including sites, areas, permit types, roles, and user assignments, and for the accuracy of that configuration.
3.2 User management. You are responsible for all activity under your tenant's user accounts, for assigning roles appropriately (including administrative roles such as OrganisationAdministrator and SafetyAdministrator), and for promptly deactivating users who should no longer have access.
3.3 Credentials & security. You must keep authentication credentials confidential and notify us promptly of any suspected unauthorised access.
3.4 Lawful basis & notices to workers. As the data controller (see Section 6), you are responsible for ensuring you have a lawful basis to collect worker and site-staff personal data through the Service, and for providing any privacy notices, consents, or workplace-health-and-safety disclosures required in your jurisdiction.
3.5 Accuracy of data. You are responsible for the accuracy and currency of the data you and your workers enter.
4. Acceptable Use
4.1 You must not, and must not permit any user to:
- Use the Service in violation of any applicable law or regulation.
- Upload or transmit material that is unlawful, infringing, malicious, or that you are not authorised to share.
- Attempt to gain unauthorised access to the Service, other tenants' data, or underlying infrastructure.
- Probe, scan, or test the vulnerability of the Service except under a written authorised-testing arrangement.
- Interfere with or disrupt the integrity or performance of the Service (including circumventing rate limits or quotas).
- Resell, sublicense, or provide the Service to third parties except as expressly permitted.
- Use the Service to process special-category or sensitive personal data beyond what is reasonably necessary for safety-permit administration, without ensuring an appropriate lawful basis.
4.2 We may suspend access where we reasonably believe continued use poses a security, legal, or operational risk, with notice where practicable.
5. Data Roles Summary
For personal data of workers, site staff, and your administrative users that is processed through the Service in connection with your safety-permit operations:
- You (the Tenant) are the data controller.
- SafetyPermit is the data processor, processing such personal data only on your documented instructions.
This allocation, and the GDPR Article 28 obligations, are set out in full in the Data Processing Agreement. For certain limited processing necessary to operate and secure the platform (e.g., billing-account data, security logging, service administration), SafetyPermit may act as an independent controller; this is described in the DPA and our privacy documentation.
6. Controller / Processor Relationship
6.1 The Customer determines the purposes and means of processing worker and site-staff personal data and is the controller. SafetyPermit processes that personal data as a processor on the Customer's behalf.
6.2 The parties will comply with applicable data-protection laws, including (as relevant to the Customer's operating jurisdictions) the EU/UK GDPR, the UK Data Protection Act 2018, the Australian Privacy Act 1988 (and the Notifiable Data Breaches scheme), and the New Zealand Privacy Act 2020.
6.3 The detailed processing terms, security measures, sub-processor authorisation, data-subject-rights assistance, breach notification, deletion/return, and audit rights are governed by the Data Processing Agreement, which prevails over these Terms in the event of conflict on data-processing matters.
7. Fees & Payment
[PLACEHOLDER — commercial terms to be confirmed.]
7.1 Fees, billing frequency, and any usage-based charges are set out in the applicable order form, subscription plan, or pricing schedule [PRICING REFERENCE TBC].
7.2 Unless stated otherwise, fees are exclusive of applicable taxes (e.g., GST/VAT/sales tax), which the Customer is responsible for.
7.3 Payment terms, late-payment consequences, and renewal/auto-renewal mechanics are [TO BE CONFIRMED].
8. Service Availability & Support
[PLACEHOLDER — SLA and support terms to be confirmed.]
8.1 We will use commercially reasonable efforts to make the Service available, subject to scheduled maintenance, emergency maintenance, and events beyond our reasonable control.
8.2 Any committed uptime target, support hours, and response/resolution targets are set out in a separate Service Level Agreement [SLA REFERENCE TBC]. Absent a signed SLA, the Service is provided on a commercially reasonable-efforts basis.
9. Warranties & Disclaimers
[PLACEHOLDER — to be tailored per jurisdiction; non-excludable consumer/business guarantees may apply, e.g., NZ Consumer Guarantees Act, AU Consumer Law.]
9.1 We warrant that we will provide the Service with reasonable skill and care.
9.2 Except as expressly stated and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we disclaim all other warranties, whether express, implied, or statutory, including fitness for a particular purpose and non-infringement.
9.3 SafetyPermit is a tool to support safety-permit administration; it does not replace the Customer's own legal, health-and-safety, and regulatory obligations. The Customer remains responsible for compliance with applicable workplace-safety law.
9.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including non-excludable statutory guarantees.
10. Limitation of Liability
[PLACEHOLDER — liability caps and exclusions to be confirmed by counsel, per jurisdiction.]
10.1 Subject to Section 9.4, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or related to these Terms.
10.2 Subject to Section 9.4, each party's aggregate liability arising out of or related to these Terms is capped at [LIABILITY CAP — e.g., fees paid in the preceding 12 months / amount TBC].
11. Intellectual Property
11.1 SafetyPermit and all associated software, designs, and documentation remain the property of [COMPANY LEGAL NAME] and its licensors. No rights are granted except the limited, non-exclusive, non-transferable right to use the Service during the term.
11.2 As between the parties, the Customer owns its tenant data. The Customer grants SafetyPermit the rights necessary to host and process that data to provide the Service.
12. Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
13. Term & Termination
13.1 These Terms apply for the duration of your subscription term and any renewals.
13.2 Either party may terminate for material breach not cured within [CURE PERIOD — e.g., 30 days] of written notice.
13.3 We may suspend or terminate for the reasons in Section 4.2 or for non-payment.
13.4 Effect of termination. On termination, the Customer's right to use the Service ceases. Return and deletion of personal data are governed by the DPA and the Retention Schedule. Certain records may be retained where required by law (e.g., safety/legal minimum retention for permit records).
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by notice to tenant administrators. The current version string is reflected at the top of this document (ToS v1.0-draft). Continued use after the effective date of changes constitutes acceptance.
15. Governing Law & Jurisdiction
[PLACEHOLDER — multi-jurisdiction; final governing law to be selected by counsel.]
15.1 These Terms are governed by the laws of [GOVERNING LAW], and the parties submit to the [JURISDICTION] courts, except where mandatory local law in the Customer's jurisdiction (New Zealand, Australia, United Kingdom, or United States) requires otherwise.
15.2 For Customers in:
- New Zealand — [NZ GOVERNING LAW / FORUM TBC]
- Australia — [AU GOVERNING LAW / FORUM TBC]
- United Kingdom — [UK GOVERNING LAW / FORUM TBC]
- United States — [US GOVERNING LAW / FORUM / STATE TBC]
16. General
16.1 Entire agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement on their subject matter.
16.2 Assignment. The Customer may not assign these Terms without our prior written consent, not to be unreasonably withheld.
16.3 Severability. If any provision is held unenforceable, the remainder continues in effect.
16.4 Notices. Notices to SafetyPermit should be sent to [NOTICE CONTACT / ADDRESS]; notices to the Customer may be sent to the tenant administrator contact on file.
16.5 Contact. For questions about these Terms: [COMPANY CONTACT EMAIL]. For data-protection matters: [DPO CONTACT].
ToS v1.0-draft — engineering-prepared draft, pending legal review.