Terms of Service

These terms are an agreement between SafeChecklist LLC, an Illinois limited liability company (“SafeChecklist,” “we,” “us”), and the company or organization that signs up for SafeChecklist (“you,” the “Customer”). The person who creates the account confirms they are authorized to accept these terms for that company. By creating an account or using the service, you agree to these terms and to our Privacy Policy.

1. What SafeChecklist is, and is not

SafeChecklist is software for recording equipment inspections. A QR code on each unit opens a checklist on a phone, the operator records what they found, and the result is stored and reported to the people you choose.

SafeChecklist does not inspect equipment, and it does not decide whether equipment is safe to use. The people doing the inspection, and you as their employer, make that decision. You remain solely responsible for:

• the safe condition, maintenance, and repair of your equipment;
• training, evaluating, and supervising your operators, including any training OSHA requires;
• deciding whether a unit is fit to use, and keeping a unit that is not out of service until it is repaired;
• the content of your checklists — the standard items we provide are a starting point, not a complete or guaranteed list for any particular machine, and you may change them;
• complying with OSHA and every other law that applies to your workplace.

Nothing in the service, its standard checklist items, its help pages, or anything we say is legal, engineering, or safety advice. Information about OSHA regulations is provided for convenience and may be incomplete or out of date.

2. Alerts and availability

The service sends email alerts when an inspection records a failure, and reports on a schedule. Email can be delayed, filtered as spam, blocked by a mail server, or not delivered at all, and a phone without signal holds an inspection until it can send it. Do not rely on an alert as the only way an unsafe unit is kept out of use. Operators should tag out a failed unit and tell a supervisor directly, as they would without SafeChecklist.

We work to keep the service running but do not promise it will be available at all times or free of errors. It may be unavailable for maintenance, because of a provider we rely on, or for reasons outside our control. Keep a way to perform inspections without the service, such as a paper checklist, for when it is not available.

3. Your account, your users, and your QR codes

You are responsible for everyone you give access to — administrators, supervisors, and operators — and for what they do in the service. Keep sign-in links and passwords private and tell us promptly at support@safechecklist.com if you believe your account has been misused.

Anyone who scans a unit’s QR code can submit an inspection for that unit, unless you turn on operator PINs. You control where codes are placed and can replace a code at any time, which stops the old one working.

4. Fees and billing

• New accounts get a free trial of 7 days. No payment details are needed to start one.
• After the trial, the price is a base fee plus a rate for each active (not retired) unit, at the prices shown when you subscribe. Fees are charged in advance for each billing period, monthly or annual.
• Adding or retiring a unit changes your charge. Adding a unit mid-period is charged for the rest of that period; retiring one is credited against a later invoice. Credits are not paid out in cash.
• You may cancel at any time. Cancelling stops the next renewal; you keep access until the end of the period already paid for. Fees already paid are not refunded, including the unused part of an annual plan.
• Prices do not include taxes. You are responsible for any sales, use, or similar taxes on your subscription.
• We may change prices with at least 30 days’ notice by email. A change applies from your next renewal after that notice.
• Payments are handled by our payment processor, whose terms also apply to your payment details.

5. If a trial ends or a payment fails

If a trial ends without a subscription, or a payment fails and is not resolved, the service is limited in steps: first new inspections stop being recorded, then the admin site is limited to your account page, where you can subscribe or pay and can still see your records. The account page shows the dates that apply to you. We keep your records for 12 months after the admin site is limited, then delete them.

6. Your data

Everything you and your users put into the service — units, checklists, operator names, inspection answers, notes, and photos — belongs to you. You give us permission to store, process, and display it only as needed to provide the service to you, to keep it secure, and as the law requires. We do not sell it.

You are responsible for having the right to put that data into the service, including any notice or consent your employees are owed. You can export your records while you have access. When an account is closed, we delete its records as described in section 5 and our Privacy Policy, except where the law requires us to keep something.

Inspection records cannot be edited or deleted once submitted, by you or by us, so that they remain a reliable record. Please do not submit test inspections against real units you do not want in your records.

7. Acceptable use

You agree not to:

• submit inspections you know to be false, or let anyone else do so;
• try to access another company’s data, or probe, scan, or overload the service;
• copy, resell, or rent out the service, or reverse engineer it except where the law allows;
• upload anything unlawful, or anything that infringes someone else’s rights.

We may suspend access that breaks these rules or puts the service or other customers at risk, and will tell you why unless the law or the situation prevents it.

8. Our property

The software, the standard checklist library, the design, and the SafeChecklist name belong to SafeChecklist LLC. These terms give you the right to use the service while your subscription is active, and nothing more. If you send us suggestions, we may use them without owing you anything.

9. No warranties

The service is provided “as is” and “as available.” To the fullest extent the law allows, SafeChecklist disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that any alert will be delivered, or that using the service will make your workplace safe or compliant with any law.

10. Limit of liability

To the fullest extent the law allows, SafeChecklist will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the service or these terms, even if told they were possible. SafeChecklist’s total liability for all claims arising out of or related to the service or these terms will not exceed the amount you paid SafeChecklist in the 12 months before the event that gave rise to the claim.

These limits apply whatever the legal theory, and are part of what makes the price possible. Some places do not allow certain limits, and in those places they apply as far as the law allows.

11. Indemnity

You will defend and indemnify SafeChecklist LLC and its owners, members, and contractors against any claim, loss, or expense (including reasonable attorneys’ fees) brought by a third party and arising out of: the operation, condition, maintenance, or inspection of your equipment; any injury, death, or property damage involving your equipment or workplace; your checklists or the data you put into the service; or your breach of these terms or of the law.

12. Ending the agreement

You may stop using the service and cancel at any time. We may end these terms or suspend your access if you materially break them and do not fix it within 15 days of our notice, or immediately for non-payment as described in section 5 or misuse as described in section 7. We may also stop offering the service with at least 60 days’ notice, and will refund any fees paid for the period after it stops. Sections 1, 6, and 8 through 14 continue after these terms end.

13. Changes to these terms

We may update these terms. For a change that materially affects you, we will email the account owner at least 30 days before it takes effect. Continuing to use the service after that date means you accept the change. The date at the top of this page shows when they last changed.

14. General

• These terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Any dispute will be brought only in the state or federal courts located in Illinois, and both parties consent to their jurisdiction.
• Neither party is responsible for a failure caused by events beyond its reasonable control, such as outages of internet, power, or a hosting provider, natural disasters, or government action. This does not excuse paying fees owed.
• These terms and the Privacy Policy are the entire agreement between us about the service. A purchase order or other document from you does not add to or change them.
• If any part of these terms is found unenforceable, the rest stays in effect. Not enforcing a part of these terms is not a waiver of it.
• You may not transfer this agreement without our written consent, except to a company that acquires your business. We may transfer it to a company that acquires ours.
• The service may show text in Spanish as a courtesy. If a translation differs from the English, the English controls.
• Notices to us go to support@safechecklist.com. Notices to you go to the account owner’s email address.

Contact

SafeChecklist LLC, Illinois. support@safechecklist.com