These Terms and Conditions (“Terms”) form a binding legal agreement between you and Best of Safety Services, Inc. (“the Company”, “we”, or “us”).

These Terms detail the approved methods of utilizing (A) the website found at www.bestofsafetyservices.com and all related sites linked to this URL, collectively known as the “Site”, and (B) our mobile application (“Mobile Application”). Collectively, the Site, Mobile Application, and related services provided by the Company are referred to as the “Service”. By engaging with any part of the Service, you consent to adhere to these Terms. Should you disagree with any of these Terms, you must refrain from accessing or using the Service.

Plans, Customers, and Users

The Service offers two categories of plans: free and premium. Free plans come with basic, limited features, while premium plans offer advanced functionalities.

Plans can be initiated on the Site. The term “Customer” applies to the entity you represent in creating a plan.

Customers have the ability to alter and assign different roles to individual users within their plan. “Users” are those who have access to the Service through a Customer’s plan.

The term “you” in these terms refers to both Users and Customers. By registering for or using the Service, you confirm that you are of legal age in your jurisdiction and accept these Terms as a User. Additionally, if you initiate a plan, you assert your authority to represent the Customer, thereby binding the Customer to these Terms.

Customers are accountable for their Users’ conduct under their plan and their adherence to these Terms. Any violation of these Terms by a User of the Customer is also considered a violation by the Customer.

Modifications

The Company reserves the right to modify the Service at any time. The Company may alter, update, or change the provisions of these Terms at any time by posting the revised Terms on the Service. By continuing to use the Service following such updates, you agree to the revised Terms. If you do not accept the revised Terms, you must cease using the Service.

General Use

Through the Service, the Company offers content that is copyrighted and/or trademarked by the Company or third-party licensors and suppliers, or other Service Users (collectively, the “Materials”). Materials may include data, texts, logos, graphics, videos, audios, images, software, and other content.

Under these Terms, and subject to your compliance, the Company grants you a limited, non-exclusive, non-transferable license to view the Materials and use the Service as intended through its provided functionality. This license does not grant any rights to modify, copy, reproduce, create derivative works, reverse engineer, enhance, or exploit the Service or Materials in any manner. This license automatically terminates upon the closure of your account.

Mobile Applications

Best of Safety Services, Inc. (“the Company”) offers Mobile Applications for accessing the Service on mobile devices. To use the Mobile Application, you need a compatible mobile device. The Company doesn’t guarantee that the Mobile Application will work with your device. The Company provides you a non-exclusive, non-transferable, revocable license to use the Mobile Application on one mobile device you own or lease, for one registered account, for personal use. You are prohibited from: (i) altering, decompiling, reverse engineering the Mobile Application, except where law prohibits this restriction; (ii) renting, leasing, lending, selling, redistributing, or transferring the Mobile Application or using it for commercial time-sharing or similar purposes; (iii) creating copies of the Mobile Application; (iv) bypassing, disabling, or interfering with security-related or content protection features; or (v) erasing or altering proprietary notices on the Mobile Application. You accept that the Company may release updated Mobile Application versions and automatically upgrade your app version. Your consent to these automatic upgrades is part of these Terms. This license isn’t a sale of the Mobile Application or any copies, and the Company and its licensors retain all rights to the Mobile Application. Standard data charges may apply.

Additional Terms for iOS App:

  • These Terms are between you and the Company, not Apple, Inc. (“Apple”).
  • Your use of the Company’s iOS App must comply with Apple’s App Store Terms of Service.
  • The Company is responsible for the iOS App and its content, not Apple. Apple has no obligation for maintenance or support for the iOS App. Apple has no warranty obligations for the iOS App.
  • The Company, not Apple, handles all claims related to the iOS App, including product liability, legal compliance, and consumer protection claims.
  • The Company, not Apple, will address any intellectual property infringement claims related to the iOS App.
  • You confirm you’re not in a U.S. embargoed country or on U.S. Government lists of prohibited parties.
  • You must follow all third-party agreements when using the iOS App.
  • Apple and its subsidiaries have third-party beneficiary rights concerning your iOS App license.

Additional Terms for Android App:

  • These Terms are between you and the Company, not Google, Inc. (“Google”).
  • Your use of the Company’s Android App must comply with Google’s Google Play Terms of Service.
  • Google, a provider of Google Play, has no responsibility or liability for the Company’s Android App or these Terms.
  • Google is a third-party beneficiary concerning your Android App license.

Using the Service

You can visit non-password areas of the Site without registering with the Company.

To access password-restricted Site areas and use the Service, you must register for an account and receive a password.

Register for an account on the Site’s account registration page. You must keep your login and password (“Password”) confidential and are responsible for all activities under your Password. You should not share your Password and must notify the Company promptly if it’s lost, stolen, or compromised.

Your registration information must be accurate, complete, and current. You can update your account information directly through your account.

User Contributions

The Service enables Users to upload content, such as information about Customer’s safety management practices (“Contributions”). Between a User and Customer, only the Customer can instruct Best of Safety Services on managing these Contributions. This includes granting or revoking Service access, managing permissions and retention, exporting settings, and transferring or assigning workspaces.

When you submit Contributions to the Service, you affirm and pledge that:

  • Your Contributions are for the Service’s intended purpose, which is to support safety management.
  • Your Contributions do not and will not infringe or violate any third party’s rights, including copyright, patent, trademark, trade secrets, moral rights, and privacy rights.
  • You have the necessary ownership or licenses, rights, consents, and permissions to authorize Best of Safety Services and other Service Users to use your
  • Contributions as envisioned by the Service and these Terms.
  • Your Contributions are truthful, accurate, and not misleading.
  • Your Contributions comply with all relevant laws, regulations, and rules.
  • Best of Safety Services has the discretion to remove your Contributions if deemed inappropriate for the Service.

You grant Best of Safety Services a global, non-exclusive, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, duplicate, distribute, create derivative works, display, and perform your Contributions in providing Service to the Customer associated with you, in line with the Service’s functionality. This license persists even if you stop using the Service.

Best of Safety Services will keep a Contribution for up to five years after its initial posting to the Service. However, Best of Safety Services may inform the Customer of its intention to stop maintaining a Contribution. In such cases, the Customer can request a native format copy of the Contribution within 30 days of notice, at a fee determined by Best of Safety Services. Subject to applicable laws requiring ongoing maintenance of Contributions, such as subpoenas or litigation holds, the Customer can request the removal of any Contribution. The Customer bears all responsibility and indemnifies Best of Safety Services against any liabilities or costs arising from such removal requests.

Compliance with Laws and Unauthorized Activities

While using the Service, you agree to abide by all applicable laws, including employment, workplace safety, privacy, and data protection laws. You must ensure your Contributions and safety practices comply with all relevant laws, rules, regulations, and orders, including the Occupational Safety and Health Act of 1970 (OSHA) and equivalent state laws. You are solely responsible for making all required OSHA reports and maintaining records, including Contributions, as per OSHA and other laws.

In using the Service, you must not:

  • Engage in illegal, unlawful, or unauthorized activities.
  • Interfere with security features, including those that restrict use or copying of content or enforce usage limitations.
  • Frame or link to the Service without authorization.
  • Attempt to obtain sensitive information about Best of Safety Services or other Service Users, like passwords.
  • Use automated tools for data mining or extraction.
  • Disrupt the Service or its connected networks.
  • Impersonate another User or use another User’s Username.
  • Sell or transfer your User profile to a third party.
  • Use the Service to compete with Best of Safety Services.
  • Decipher, decompile, disassemble, or reverse engineer the Service’s software.
  • Copy or adapt the Service’s software, such as Flash, PHP, HTML, JavaScript.
  • Remove copyright or proprietary rights notices from any content.

Service Management

Best of Safety Services reserves the right, but not the obligation, to:

  • Monitor the Service for Terms violations.
  • Refuse or restrict access, or limit Service availability, in the event of legal or Terms breaches.
  • Take legal action against anyone violating the law or these Terms, including reporting to law enforcement.
  • Refuse, restrict, limit, or disable any Contributions that breach the law or these Terms.

Best of Safety Services does not guarantee uninterrupted Service availability. Hardware, software, or maintenance issues may cause Service interruptions, delays, or errors. Internet connectivity issues can also affect Service access. While reasonable efforts will be made to ensure Service availability, Best of Safety Services is not liable for any losses or inconveniences caused by access or usage interruptions or Service discontinuation.

Premium Plan Subscriptions

Best of Safety Services offers both annual and monthly premium plan subscriptions. For an annual premium plan, the Customer pays yearly in advance. For a monthly premium plan, payment is made monthly in advance.

During the subscription term, the Customer can upgrade their plan and add more seats. These additional seats must be paid for in advance for the remainder of the current subscription term. Downgrading the plan or reducing the number of seats during the ongoing subscription term is not permitted.

Automatic Renewals and Cancellation of Premium Plan Subscription
The Customer’s premium plan subscription will renew automatically at the start of each period unless the Customer opts to cancel.

To cancel, Customers can use [insert electronic method], call [phone number], or email [insert email]. Cancellation requests must be received at least [insert number] days before the renewal date to end the subscription after the current term.

Except in cases of significant breaches of these Terms by Best of Safety Services, as detailed herein, and subject to applicable laws, there are no refunds for periods where the subscription has already commenced.

To check the next renewal date, Customers should log into their account on the Site.

Billing Information

When the Customer submits their payment method to Best of Safety Services, they authorize the Company to automatically charge each billing cycle for the subscription, including applicable taxes. If a charge leads to an overdraft, chargeback, or other bank fees, the Customer is solely responsible for those fees.

Unless there’s a significant breach of these Terms by the Company, as outlined herein, all fees paid are non-refundable, according to applicable laws.

Customers must keep their billing information, including billing address, credit card number, and expiration date, accurate, complete, and current. If any information is not provided, the Customer agrees to allow the Company to continue charging for subsequent billing cycles, unless the subscription is terminated as described herein. Immediate notification to the Company is required if there’s a potential security breach, like credit card loss or theft.

If payments are late, or if the Company can’t charge the Customer’s payment method for any reason, the Company reserves the right to suspend or terminate the subscription. The Customer will also bear all costs associated with collection efforts, including court and attorney fees.

Modifications to Service and Pricing

Best of Safety Services can alter, modify, add, remove, suspend, cancel, or discontinue aspects of its subscriptions at any time, with notice to you, subject to applicable laws.

Subscription fees may also change. If there’s a fee change for the Customer’s plan, they will be notified before being billed at the new rate at the email address on file. If the Customer doesn’t cancel before the next renewal date at the new rate, they are considered to have accepted the new fees.

Privacy Policy

Customers should review the Privacy Policy of Best of Safety Services, which details how the Company uses submitted information.

Risk Scoring/Aggregated Statistics

Not withstanding other terms, Best of Safety Services may monitor Service usage and use data, including Submissions, to create insurance risk scoring (“Risk Scoring”) for the Customer. With Customer approval, this can be used for underwriters in workers compensation insurance policies. The Company may also use data and Submissions in an aggregated, anonymous manner for research, industry trends, and statistical purposes (“Aggregated Statistics”). All rights to Aggregated Statistics and Risk Scoring, including intellectual property rights, are retained by the Company. The Company may publicly share Aggregated Statistics and use them as required by law or for data analysis, service improvement, and marketing, ensuring no specific Customer or Submission is identifiable.

Proprietary Rights

Best of Safety Services is a trademark of the Company. Other trademarks, names, and logos on the Service belong to their respective owners.

Unless specified differently in these Terms, all content and screens on the Service, including documents, services, design, text, graphics, logos, images, and icons, as well as their arrangement, are the exclusive property of the Company, Copyright © 2020 Best of Safety Services, Inc. All rights not explicitly granted are reserved. Reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly forbidden without the explicit written consent of the copyright owner or license, except as limited by law.

The Mobile Application and related documentation are “Commercial Items” as defined at 48 C.F.R. §2.101, comprising “Commercial Computer Software” and “Commercial Computer Software Documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. For government entity users, these are licensed only as Commercial Items with the same rights as granted to all other users under these terms and conditions, in line with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 to 227.7202-4. Unpublished rights reserved under U.S. copyright laws.

Disclaimer of Warranties

Using the Service is at your risk. The Company tries to ensure the Service’s functionality, but the Materials may contain errors and haven’t been fully verified or authenticated by the Company. The Company doesn’t guarantee the accuracy or timeliness of the Materials. To the extent allowed by law, the Company is not liable for any errors or omissions in Materials, whether from the Company, licensors, suppliers, or other Users.

TO THE EXTENT ALLOWED BY LAW, THE COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ABOUT THE SERVICE OR MATERIALS REGARDING QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS. UNLESS STATED OTHERWISE, THE SERVICE, MATERIALS, AND ANY INFORMATION OR MATERIAL PRESENTED ON THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WHERE-IS,” WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT GUARANTEE AGAINST VIRUSES, SPYWARE, OR MALWARE.

Limitation of Liability

While the Company ensures the Service’s functionality, it’s not liable for any damages from using, displaying, copying, or downloading any Materials from the Service. To the maximum extent permitted by law, the Company won’t be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, including data or economic losses, regardless of the Company’s awareness of such possibilities.

TO THE EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANYTHING ELSE, THE COMPANY’S LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES PAID TO THE COMPANY FOR THE SERVICE IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING THE LIABILITY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

To the extent allowed by law, Customers agree to indemnify and hold harmless the Company from any claims, suits, actions, demands, proceedings, losses, costs, damages, expenses (including reasonable attorneys’ fees), and liabilities related to: (i) the Customer or its Users’ violation of these Terms, (ii) Submissions to the Service by the Customer or its Users, (iii) any safety or compliance decisions or actions based on the Service by the Customer, or (iv) violation of any third-party rights by the Customer or its Users. This indemnity obligation survives these Terms and the Customer’s use of the Service.

Feedback

If you provide any communication, comments, questions, suggestions, or related materials to Best of Safety Services, by any means such as email, telephone, or otherwise (“Feedback”), proposing changes to the Service or Materials, including new features or functionalities, all such Feedback will be considered non-confidential and non-proprietary. Except as prohibited by law, you transfer all rights, ownership, and interest in the Feedback to the Company. The Company can freely use these ideas, knowledge, techniques, and intellectual property contained in the Feedback for any purpose, including development, manufacturing, licensing, marketing, and selling products or services derived from this Feedback, without any acknowledgment or compensation to you. If the law prohibits this assignment, you grant the Company an exclusive, perpetual, irrevocable, worldwide, royalty-free license to use this Feedback as it sees fit. However, the Company is not obliged to use, display, reproduce, or distribute any ideas or techniques from the Feedback, and you cannot demand such actions.

Termination of Terms Between Company and User

The Terms between Best of Safety Services and Users are valid until the Customer’s plan expires or is terminated, or if the User’s access to the Service is terminated by the Customer or the Company.

Upon termination of these Terms, the User must stop accessing and using the Service, and the Company can take actions to prevent further access and use.

The disclaimer of warranties, User’s representations, limitations of liability, and general provisions will continue to apply even after the termination of these Terms.

Termination of Terms Between Company and Customer

Best of Safety Services can terminate its agreement with a Customer at any time for any reason by closing the Customer’s account or providing written notice.

Customers with a free plan can terminate their agreement at any time for any reason by closing their account. Customers with a premium plan can cancel their subscription as previously described under “Automatic Renewals and Cancellations of Premium Plan Subscription”.

If Best of Safety Services terminates a Customer’s account without cause, and the Customer has prepaid for a premium plan, a prorated refund will be provided. No refunds will be given in other circumstances, such as suspension or termination for breaches or violations of these Terms.

Upon termination, the Customer and its Users must cease using the Service, and the Company may restrict further access and use.

The disclaimer of warranties, Customer’s representations, indemnities, limitations of liability, and general provisions will remain in effect even after the termination of these Terms.

Governing Law and Dispute Resolution

Best of Safety Services prefers to resolve issues by advising and suggesting corrective actions. However, certain violations of these Terms may lead to immediate termination of your access to the Service. These Terms are governed by California state law and applicable U.S. federal law, excluding any choice or conflict of law provisions. Foreign laws and the United Nations on Contracts for the International Sale of Goods, and laws based on UCITA, do not apply.

For U.S. residents, any legal proceedings related to these Terms or the Service must be conducted in state or federal courts in San Francisco County, California. The parties agree to the jurisdiction and venue of these courts.

For non-U.S. residents, any disputes related to these Terms or the Service will be resolved through arbitration in San Francisco, California, according to the JAMS International Arbitration Rules, in English. The judgment of the arbitrator(s) can be enforced in any court with jurisdiction.

Notwithstanding, the Company can seek injunctive relief from any court with jurisdiction to protect its proprietary rights.

General

If any part of these Terms conflicts with applicable law, that part shall be interpreted to reflect the parties’ intentions, and no other parts will be modified. The Company’s failure to enforce any part of these Terms is not a waiver of that term. These Terms constitute the entire agreement between you and Best of Safety Services regarding the Service and replace all prior discussions, agreements, or negotiations.

Contact Us

For questions about these Terms or to contact Best of Safety Services for any reason, reach us at support@bestofsafetyservices.com.