Terms of Service

1. Eligibility and Scope

General. To use the Service and Websites you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms. If OSHAlytics has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.

2. Account Registration and Use

Account Registration and Confidentiality

To access the Service and Websites, you must register for an OSHAlytics account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that OSHAlytics is entitled to rely on your instructions.

Unauthorized Account Use

You are responsible for notifying us at [email protected] if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. OSHAlytics will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by OSHAlytics or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, OSHAlytics reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. Our Proprietary Rights

The Service and Websites are owned and operated by OSHAlytics and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by OSHAlytics and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under U.S. copyright and other law and treaties.

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by OSHAlytics and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of OSHAlytics and such others.

You agree to protect the proprietary rights of OSHAlytics and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by OSHAlytics or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify OSHAlytics immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and OSHAlytics, at all times be and remain the sole and exclusive property of OSHAlytics. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

4. User Content and Feedback

User Content and Submissions on the Service

The Service allows you to create, upload, submit, store, and share information, text, files, images, audio, video, and other materials (collectively, “User Content”). User Content submitted or otherwise made available through the Service is subject to the following terms:

Free User Content

Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant OSHAlytics a limited, non-exclusive, worldwide, royalty-free license to access, use, copy, reproduce, process, adapt, transmit, host, and display such Free User Content solely as necessary to provide, maintain, and improve the Service, to secure and support the Service, to enforce these Terms, and as otherwise permitted by OSHAlytics’s Privacy Policy, including where required to do so by law or in good faith to comply with legal process. We reserve the right to remove or disable access to any Free User Content that violates these Terms or that is otherwise objectionable in OSHAlytics’ sole discretion.

Subscriber User Content

User Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer. As between OSHAlytics and the Customer, OSHAlytics does not acquire ownership of Subscriber User Content. The Customer represents and warrants that it has obtained all rights, permissions, and consents necessary for OSHAlytics to process Subscriber User Content as contemplated by these Terms. User Content (including Free User Content and Subscriber User Content) is retained and deleted in accordance with Section 14 (Service Duration, Cancellation, Termination, and Data Retention).

Limited License to Provide the Service (Subscribers)

OSHAlytics maintains a limited, non-exclusive, worldwide, royalty-free, non-transferable (except in connection with the sale or transfer of its business), and non-sublicensable license to access, use, copy, reproduce, process, adapt, transmit, host, and display Subscriber User Content solely for the following purposes: (i) to provide, maintain, operate, and improve the Service; (ii) to prevent, detect, address, or respond to technical, security, or fraud issues; (iii) to provide customer support and resolve support requests; (iv) to investigate when we have a good faith belief, or have received a complaint alleging, that Subscriber User Content violates these Terms; (v) to comply with applicable law, regulation, or a valid legal subpoena, request, or other lawful process; and (vi) as otherwise expressly permitted in writing by the Customer.

Feedback on the Websites

The Websites may include features that allow you to submit comments, suggestions, ideas, reviews, or other materials (collectively, “Feedback”). By submitting Feedback, you grant OSHAlytics a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, host, display, and otherwise exploit such Feedback for any purpose, including to improve the Service and in marketing or promotional materials, without compensation to you.

User Content and Feedback Representations

You represent and warrant that you have all rights necessary to submit User Content and Feedback without violating any third-party rights, including intellectual property, privacy, or publicity rights, and that your User Content and Feedback comply with these Terms and all applicable laws. You acknowledge that OSHAlytics does not control User Content or Feedback and is not responsible for it, and that by using the Service and/or Websites you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Indemnity for User Content and Feedback

You agree to indemnify, defend, and hold harmless OSHAlytics from and against claims arising out of or relating to User Content or Feedback you submit, including claims that such content violates applicable law or third-party rights. OSHAlytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with OSHAlytics in asserting any available defenses.

5. AI-Generated Content

The Service utilizes artificial intelligence (“AI”) and machine learning models to generate outputs, reports, analyses, recommendations, summaries, or other content (“AI-Generated Content”). AI-Generated Content is provided solely for informational purposes and does not constitute legal, compliance, or professional safety advice. OSHAlytics makes no representations or warranties regarding the accuracy, completeness, or suitability of any AI-Generated Content. You remain solely responsible for evaluating, verifying, and using any AI-Generated Content and for all decisions and actions taken in reliance upon such content.

You acknowledge that AI-Generated Content may be based on user-submitted data, prompts, or other inputs, and that the quality or relevance of such content may vary depending on the input provided. You agree not to input or request the generation of any unlawful, infringing, or prohibited content using the Service.

6. License, Acceptable Use, and Termination for Cause

Your License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the OSHAlytics Privacy Policy and these Terms. OSHAlytics may revoke this license at any time, in its sole discretion.

Acceptable Use

All Users must comply with the following rules regarding acceptable use of the Service and Websites.

Disruption of the Service

You may not:

• Access, tamper with, or use non-public areas of the Service and Websites, OSHAlytics’s computer systems, or the technical delivery systems of OSHAlytics’s providers;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• Access or search the Service and Websites by any means other than OSHAlytics’s publicly supported interfaces;
• Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
• Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites

You may not utilize the Service and Websites to carry out, promote or support:

• Any unlawful or fraudulent activities;
• The impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• Activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
• The publishing or posting of other people’s private or personal information without their express authorization and permission;
• The sending of unsolicited communications, promotions, advertisements, or spam;
• The publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
• The promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Service and Websites

You may not post any User Content on the Service or Websites that:

• Violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
• Is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
• Contains any personal information of minors;
• Contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without OSHAlytics’s prior written consent granted as part of a Customer Agreement;
• Contains viruses, bots, worms, or similar harmful materials; or
• Contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

In addition to any other remedies available to us, OSHAlytics reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or access to the Service or Websites, in whole or in part, with or without notice and without liability to OSHAlytics. Such action may be taken if you materially breach these Terms (including, but not limited to, failure to pay fees, violation of the Acceptable Use Policy, or unauthorized use of the Service), fail to abide by the rules set forth herein, or if, in OSHAlytics’s sole discretion, such action is necessary to protect the security, integrity, or operation of the Service, other users, or OSHAlytics. If you are a Subscriber, OSHAlytics reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

7. Privacy & Communications

Your use of the Service is subject to our Privacy Policy.

Service Communications and Consent to Electronic Messages

By creating an account, accessing, or using the Service, you consent to receive communications from OSHAlytics by email and, where you provide a mobile number, by text message (SMS), in each case as a functional part of the Service. These communications may include, without limitation, account verification messages, login or security codes, password resets, service-related alerts, assignment notifications, reminders, workflow notifications, billing notices, administrative notices, and other messages necessary to operate, maintain, secure, and support the Service.

You understand and agree that these communications are transactional or service-related and are not marketing or promotional messages. OSHAlytics does not use these service communications to send marketing or advertising messages.

You are responsible for maintaining accurate contact information in your account. Standard message and data rates may apply to text messages depending on your mobile carrier and plan. Message frequency may vary based on your use of the Service and your account settings.

You may not be able to use certain features of the Service if you do not consent to or cannot receive required service-related communications.

8. Warranties, Disclaimers and Limitation of Liability

The OSHAlytics Service and all outputs, reports, recommendations, or analyses, including those generated by AI or automated systems, are for informational purposes only and do NOT constitute legal, compliance, or professional safety advice. OSHAlytics, LLC disclaims all liability for decisions made or actions taken based on the Service, including AI/automated outputs. All use is at the user’s own risk.

THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY OSHAlytics, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, OSHAlytics DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL OSHAlytics OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT OSHAlytics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.

OSHAlytics DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND OSHAlytics WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. OSHAlytics WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

9. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 7. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 7 specifically do apply to you.

10. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OSHAlytics AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, YOUR VIOLATION OF THE TERMS OR OSHAlytics’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

11. Third-Party Links and Services

The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. OSHAlytics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources.

You further acknowledge and agree that OSHAlytics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

OSHAlytics, LLC utilizes Microsoft Azure AI Services, Azure Virtual Machines, and Azure Storage for processing, analysis, and hosting of data.

12. Modification

OSHAlytics, LLC may update these Terms periodically. Material changes including pricing/fees will be posted on the Service or communicated directly. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

OSHAlytics reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that OSHAlytics shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.

13. Mandatory Arbitration and Class Action Waiver

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and OSHAlytics agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Websites, (ii) any purchases or other transactions or relationships with OSHAlytics including in connection with OSHAlytics Content, or (iii) any data or information you may provide to OSHAlytics or that OSHAlytics may gather in connection with such use, interaction or transaction (collectively, “OSHAlytics Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim, except as expressly permitted under this Section 13 (including to seek provisional remedies in aid of arbitration, to compel arbitration, or to enforce an arbitration award). By using or interacting with the Websites, or engaging in any other OSHAlytics Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Websites, you agree that any complaint, dispute, or disagreement you may have against OSHAlytics, and any claim that OSHAlytics may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our Privacy Statement, or any OSHAlytics Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (“AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You agree with us that:

Survival

This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service and Websites.

Changes to This Section

OSHAlytics will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service and Websites.

14. Service Duration, Cancellations, Refunds and Data Retention

14.1 Service End Date

Access to the Service continues until the Service End Date. The “Service End Date” is: (a) for cancellation, non-renewal, expiration, or downgrades that end access, the end of the then-current paid subscription period or trial period (as applicable); and (b) for termination for cause under these Terms, immediate upon notice (or when access is disabled).

14.2 No Access After Service End Date

After the Service End Date, your account will be placed in a disabled state and you will not be permitted to access the Service or any in-product features, including viewing, downloading, or otherwise accessing data through the Service.

14.3 Retention Period (90 Days)

Except as set forth in Section 14.6 (Legal/Security Holds) and Section 14.7 (Illegal Content), OSHAlytics will retain Customer and User Content associated with the applicable Account for ninety (90) days following the Service End Date (the “Retention Period”). After the Retention Period ends, OSHAlytics will delete the applicable Account’s live production data as described in Section 14.5.

14.4 Export by Written Request Only

During the Retention Period, OSHAlytics will provide an export of the Account’s data only upon written request from the Account’s Billing Owner or an Account Administrator (each, an “Authorized Administrator”). Requests must be submitted to [email protected] and must include: (a) a signed request from an Authorized Administrator, and (b) a photograph of a valid government-issued identification of that Authorized Administrator. OSHAlytics may require additional reasonable verification. Exports are provided in JSON format containing structured data and do not include attachments (including, without limitation, PDFs, images, audio, or video files).

14.5 Deletion of Live Data; Attachments

On the ninety-first (91st) day after the Service End Date, OSHAlytics will delete the Account’s live production data such that it is no longer accessible in production systems. Attachments (including PDFs, images, audio, and video) are retained only through the Retention Period and are deleted from live systems and backups after the Retention Period.

14.6 Backups

OSHAlytics maintains backups as part of its standard business practices. Following deletion from live systems, residual non-attachment data may remain in backups until such backups are rotated or aged out per standard practices. OSHAlytics does not provide restoration of deleted data from backups except in its sole discretion or as required by law.

14.7 Legal and Security Holds

Notwithstanding the foregoing, OSHAlytics may retain data beyond the Retention Period to the extent required to comply with applicable law, a legal hold, or to investigate or address security incidents, fraud, abuse, or suspected violations of these Terms. When the basis for extended retention no longer applies, OSHAlytics will delete such data promptly, subject to backup rotation and Section 14.6.

14.8 Free Users and Trials

Free Users are subject to the same Retention Period and export procedures described in this Section 14. For Free Users, the Service End Date occurs at the end of the Free User trial period (unless converted to a paid subscription).

14.9 Re-Subscription During Retention Period

If the Customer re-subscribes during the Retention Period, OSHAlytics may, in its discretion, reactivate and restore the Account and its retained data.

14.10 Termination for Cause; Illegal Content

If OSHAlytics terminates access for cause, OSHAlytics may disable access immediately. No export is available following termination for cause. In addition, OSHAlytics may immediately remove or delete content where it determines, in good faith, that such content is illegal or that immediate removal is necessary to comply with law or protect the Service, users, or the public.

15. Fees; Billing; Price Changes

Fees as Presented

Fees for the Service are as presented to you at the time of purchase through the Service, Websites, or an order form or checkout flow (including, without limitation, through a third-party payment processor such as Stripe) (collectively, an “Order”). By placing an Order, you authorize OSHAlytics (and its payment processor) to charge the payment method you provide for the applicable fees, taxes, and other amounts described in the Order.

Subscription Term; Auto-Renewal

If you purchase a subscription, your subscription will continue for the subscription period identified in the applicable Order (e.g., monthly or annual) and will automatically renew for successive periods of the same length unless you cancel prior to the renewal date in accordance with the cancellation instructions provided in the Service, your account settings, or as otherwise communicated by OSHAlytics.

Changes to Fees; Notice

OSHAlytics may change the fees for the Service (including subscription fees, seat-based fees, usage-based fees, or other charges) from time to time. If we make a change to fees that applies to your subscription, we will provide you advance notice of the change (for example, by email, in-product notice, or posting a notice on the Service or Websites) at least thirty (30) days before the change becomes effective, unless a shorter period is required or permitted by law.

Effective Date of Price Changes

Unless otherwise stated in our notice to you, any fee change will take effect at the start of your next renewal subscription period following the notice period and will apply going forward. Fee changes will not apply retroactively to any subscription period for which fees have already been paid.

Your Options

If you do not agree to a fee change, you may cancel your subscription before the fee change takes effect. If you cancel, you may continue to access the Service through the end of the then-current paid subscription period (subject to these Terms), and the fee change will not apply. Continued use of the Service after the fee change becomes effective constitutes your acceptance of the new fees.

16. Governing Law; Venue; Severability

These Terms shall be governed by the laws of the State of Maryland, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 13 (Mandatory Arbitration and Class Action Waiver).

Except as otherwise provided in Section 13, any action or proceeding not subject to arbitration (including, without limitation, an action to enforce an arbitration award, to compel arbitration, or to seek provisional or injunctive relief in aid of arbitration) shall be brought exclusively in the state or federal courts located in Baltimore County, Maryland, and you and OSHAlytics consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ intent.

17. General Terms

Force Majeure

Under no circumstances shall OSHAlytics or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

No Waiver

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of OSHAlytics to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Statute of Limitations

Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and Websites and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and OSHAlytics and govern your use of the Service and Websites, and supersede any prior agreements between you and OSHAlytics on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by OSHAlytics without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of OSHAlytics. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Service and Websites for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

Notices

We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: [email protected].

18. Questions

If you have any questions about these Terms, please contact us at: