Terms of Service

Definitions. In these Terms, the following words and expressions shall have the meanings set out below:

Interpretation. In these Terms: (a) headings are inserted for convenience of reference only and shall not affect the interpretation hereof; (b) the words “including”, “include” and “includes” shall be read as “including without limitation”; (c) references to a Section are to a section of these Terms; (d) words importing the singular include the plural and vice versa; and (e) all references to currency are to Canadian dollars unless otherwise expressly stated.

Acceptance of Terms. No purchase of a subscription may be completed unless and until the Customer has scrolled through the entirety of these Terms and has affirmatively indicated acceptance hereof by the acceptance mechanism provided at the point of purchase. The Company’s systems shall reject, and shall not process, any purchase for which such acceptance has not been duly recorded. Acceptance of these Terms in the manner described in this Section 1.3, the creation of an account, or the signing of the acceptance block at the end of these Terms each constitutes the Customer’s agreement to be bound hereby. If the Customer is a legal entity, the individual accepting these Terms represents and warrants that they have full authority to bind such entity.

Plain-language companion version. The Company publishes a plain-language companion version of these Terms for convenience and ease of reference only. The plain-language companion does not form part of this agreement. In the event of any conflict, discrepancy or inconsistency between the plain-language companion version and this formal legal version, this legal version shall prevail and govern to the extent of such conflict, discrepancy or inconsistency.

Safety Assistant Pro is a construction safety documentation application comprising, among other things, a library of toolbox talks, a field-level hazard assessment (FLHA) builder, sub-trade hazard assessments, safety forms, and printable safety signs.

Daily Paperwork Assistant Pro is a site operations documentation application comprising, among other things, daily reports, QR-code timesheets, job site schedules, and operations forms.

Single combined product. The Applications are offered, sold and licensed solely together, as one combined product, at one price. Neither Application is offered, sold or licensed separately, in whole or in part, and no provision of these Terms shall be construed to the contrary. Customers requiring access for more than one Supervisor may purchase additional Supervisor Seats as add-ons to an active combined subscription (additional Supervisor Seats are never sold on their own), or the Administrator Bundle described in Section 6, which includes the Admin Hub and two (2) Supervisor Seats.

Changes to the Applications. The Company may, from time to time, add, improve or modify features of the Applications. The Company shall not remove a core feature described in this Section 2 during a paid Subscription Term without providing the notice required by Section 14.

Licence grant. Subject to the Customer’s compliance with these Terms and payment of all applicable fees, the Company hereby grants to the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Applications during the applicable Subscription Term, solely for the Customer’s internal business purposes.

One Seat, one Supervisor, one Job Site. Each Supervisor Seat entitles one (1) Supervisor to use the Applications in respect of one (1) Job Site only. A subscription does not extend to any other supervisor, any other job site, or the Customer’s business generally, except as expressly provided herein.

Crew access. Crew Members may access and use the Applications, free of charge, by means of QR codes or links provided by a Supervisor in respect of that Supervisor’s Job Site. Crew Members are not required to hold an account or a paid Supervisor Seat, and no fee is or shall become payable by or in respect of any Crew Member.

Restrictions. Except as expressly permitted by these Terms, the Customer shall not, and shall not permit any other person to, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Applications or any part thereof, or rent, lease, lend, sublicense, distribute or otherwise make the Applications available to any third party.

Reservation of rights. All right, title and interest in and to the Applications, including all intellectual property rights therein, are and shall remain the exclusive property of the Company. No rights are granted to the Customer other than those expressly set out in these Terms.

Plans and fees. The Applications, as a single combined product, are offered on monthly, six (6)-month and twelve (12)-month plans, and each such plan includes one (1) Supervisor Seat — one Supervisor covering one Job Site, with that Supervisor’s crew and trades using the Applications free of charge through QR codes. The Administrator Bundle, which includes the Admin Hub and two (2) Supervisor Seats, is offered on a twenty-four (24)-month term only, as further described in Section 6. The fees currently in effect, expressed in Canadian dollars, are as follows:

Each subscription runs on its own clock. Each subscription and each Supervisor Seat shall have its own Subscription Term, commencing on its Activation Date and expiring at the end of the term purchased. Subscriptions and Seats purchased at different times shall expire at different times, whether or not they are held by the same Customer or administered through the same Admin Hub.

Renewal alerts. The Company shall issue a renewal alert not fewer than seven (7) days prior to the expiry of a subscription or Supervisor Seat. The Customer bears sole responsibility for renewing on a timely basis; upon expiry, access to paid content and features shall cease until the subscription is renewed.

No refunds. All fees are non-refundable. For greater certainty, no refund, credit or rebate shall be payable in respect of any partial period or unused subscription time, except where a refund is required by applicable law.

Taxes. The fees set out in Section 4.1 are exclusive of taxes. The Company is presently a “small supplier” for purposes of the Excise Tax Act (Canada), being under the $30,000-per-year small-supplier threshold administered by the Canada Revenue Agency, and accordingly does not currently charge or collect goods and services tax (GST) on its fees. If and when the Company ceases to qualify as a small supplier or otherwise becomes required to charge GST, GST shall be added to the fees at the rate applicable to the Customer, determined by reference to the Customer’s location, and shall be payable by the Customer in addition to the fees.

Fee changes. Any change to the fees constitutes a material change and shall be effected in accordance with Section 14. No fee change shall take effect during a paid Subscription Term; any such change shall apply only upon the Customer’s first renewal following expiry of the notice period prescribed by Section 14.1.

Trial. The Company may, in its discretion, make available to a new account one (1) free trial of ten (10) days’ duration, covering both Applications together. The trial shall include a limited subset of the Applications’ content and functionality, namely access to twelve (12) toolbox talks and three (3) printable safety signs. The complete content libraries — including the full toolbox-talk library and the full set of printable safety signs — together with FLHA generation, sub-trade hazard assessments, and all other paid features, require an active paid subscription.

One trial per account. Only one (1) trial is permitted per account. The Company may decline to grant a further trial to any account, individual or business that has previously used a trial.

Expiry of trial. Upon expiry of the trial, paid content and paid features shall be locked until a paid plan is activated on the account. Customer Data entered during the trial shall not be deleted by reason only of the trial’s expiry and shall become accessible again upon activation of a paid plan.

No automatic conversion. A trial shall not convert automatically into a paid subscription, and no payment shall be taken in respect of a trial unless and until the Customer separately purchases a plan in accordance with Section 1.3.

Price and term. The Administrator Bundle is offered at a fee of $2,700 for a term of twenty-four (24) months, payable in advance in full. No other term is available for the Administrator Bundle.

Included components. The Administrator Bundle includes: (a) the Admin Hub; and (b) two (2) Supervisor Seats. Each of the two (2) included Supervisor Seats is a Seat for a term of twelve (12) months, includes both Applications, and runs on its own independent clock commencing on its Activation Date, notwithstanding that it was purchased as part of a twenty-four (24)-month Administrator Bundle.

Additional Supervisor Seats. The Customer may purchase additional Supervisor Seats through the Admin Hub or through the Customer’s own account. Additional Supervisor Seats are add-ons only: they may be purchased only while the Customer holds an active combined subscription or the Administrator Bundle, and they are never sold on their own. Each additional Supervisor Seat includes both Applications and shall be priced as follows: $75 per month, $430 for six (6) months, or $810 for twelve (12) months, according to the term purchased. Each additional Seat runs on its own clock commencing on its Activation Date.

Access Codes and reassignment. The Administrator shall assign Supervisor Seats by means of Access Codes. The Administrator may revoke a Seat from one Supervisor and reassign it to another at any time. Revocation permanently invalidates the revoked Access Code, whether or not the Seat to which it relates has been assigned, and a revoked Access Code shall not be reused or reissued; upon reassignment, a fresh Access Code shall be issued for the Seat. Reassignment shall not affect the Seat’s remaining term: paid time is not lost on reassignment, and the Seat retains the time remaining on its own Subscription Term regardless of the identity of its holder.

Administrator access to data. Through the Admin Hub, the Administrator may view and edit Customer Data across all Job Sites administered under the hub, including timesheets and schedules, and may extract timesheets across Job Sites for payroll and accounting purposes. The Customer is and shall remain responsible for ensuring that its Administrator, Supervisors and Crew Members are duly authorized to access and handle such data.

Non-renewal of the Admin Hub. If the Administrator Bundle expires or is not renewed, the Admin Hub shall cease to function; provided, however, that each Supervisor Seat — including each of the two (2) Seats included in the Administrator Bundle and each additional Seat purchased under Section 6.3 — shall continue as an independent, standalone subscription until the expiry of that Seat’s own paid term. The renewal-alert obligation in Section 4.3 applies separately to the Administrator Bundle and to each Seat.

Payment processing. All payments hereunder are processed by Stripe, Inc. and its affiliates (“Stripe”). The Company does not receive, process or store the Customer’s complete payment card particulars. The Customer’s use of Stripe’s services is governed by Stripe’s own terms and conditions.

Recurring charges. By purchasing a subscription, the Customer authorizes the Company, acting through Stripe, to charge the payment method on file automatically at each renewal, in the amount of the then-current plan fee plus any taxes then applicable pursuant to Section 4.5, until such authorization is revoked by cancellation in accordance with Section 12.1.

Accepted payment methods. The Company accepts major credit cards and debit cards bearing a Visa or Mastercard mark. Interac is not available for online purchases.

Failed payments; grace period. If any payment fails, the Customer shall have a grace period of seven (7) days from the date of failure within which to remedy the failure. If payment remains outstanding upon expiry of the grace period, the Company may suspend the Customer’s access to paid features until payment is received in full. Suspension shall not extend the expiry date of any subscription.

Billing information. The Customer shall at all times keep its payment particulars and billing contact information current and accurate.

Prohibited conduct. The Customer shall not, and shall cause its Supervisors, Administrators and Crew Members not to:

Customer responsibility. The Customer is responsible and liable for all activity conducted under its accounts, Supervisor Seats and Access Codes, including the acts and omissions of its Supervisors, Administrators and Crew Members.

Remedies. A breach of this Section 8 constitutes a material breach of these Terms and may result in suspension or termination of access pursuant to Section 12, without refund of any fees paid.

Ownership of Customer Data. As between the parties, all right, title and interest in and to the Customer Data is and shall remain the exclusive property of the Customer. Nothing in these Terms transfers, or shall be construed to transfer, any ownership of Customer Data to the Company.

Licence to the Company. The Customer hereby grants to the Company a non-exclusive, royalty-free licence to store, copy, transmit and display Customer Data solely to the extent necessary to operate the Applications, provide support, maintain the security of the Applications, and comply with the Company’s legal obligations.

Export and retention. During the Subscription Term, the Customer may export and retain its records by means of the printable files and plain-text copying facilities provided within the Applications, and may continue to do so for a period of thirty (30) days following termination or expiry in accordance with Section 12.3. The Customer is responsible for exporting and retaining all records it is required to retain, including safety records and payroll records; the Company is not a substitute for the Customer’s own record-retention obligations or systems.

Customer responsibility for data. The Customer is solely responsible for the accuracy, completeness and legality of all Customer Data, including any personal information concerning its workers, and for having all rights and consents necessary to collect, enter and use such data within the Applications.

Offline functionality. Many features of the Applications are designed to operate without an internet connection. Data entered while offline is stored on the device on which it was entered and shall be queued on that device and synchronized to the Customer’s account when an internet connection is restored.

Sync limitations. Synchronization depends upon the device, the availability and quality of the connection, and third-party services beyond the Company’s control. The Company shall not be liable for synchronization delays, synchronization conflicts as between devices, or the loss of data that has not yet synchronized, including loss occasioned by the loss, damage or clearing of a device. The Customer should verify that important records have synchronized.

Conflicting edits. Where the same record is edited on more than one device while offline, the synchronized record may reflect the most recent synchronization rather than every edit. Reviewing synchronized records remains the Customer’s responsibility.

Tools only; no professional advice. The Applications are documentation tools provided to assist the Customer with site documentation. They are not a substitute for professional safety, engineering or legal judgment, and their use does not render the Customer compliant with any law, regulation or standard. The Customer remains solely responsible for workplace safety and for compliance with occupational health and safety legislation and all other applicable requirements.

Disclaimer of warranties. The Applications are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Company disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and uninterrupted or error-free operation.

Cap on liability. The aggregate liability of the Company arising out of or in connection with the Applications or these Terms shall in no event exceed the total fees actually paid by the Customer to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.

Excluded damages. To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special or consequential damages, including damages for lost profits or lost revenue, or for any penalty or fine imposed upon the Customer by any governmental or regulatory authority.

Statutory carve-out. Nothing in this Section 11 excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

Termination by the Customer. The Customer may cancel a subscription at any time through the Applications or by notice to the Company. Cancellation terminates future renewals only; in accordance with Section 4.4, no refund is payable for unused time, and a cancelled subscription remains in effect until the end of its current paid Subscription Term, at which time it closes.

Termination by the Company. The Company may suspend or terminate the Customer’s access upon a breach of these Terms (including Section 8), upon non-payment continuing beyond the grace period set out in Section 7.4, or as required by law. Where a breach is reasonably capable of remedy, the Company shall give reasonable notice thereof and an opportunity to remedy before terminating.

Customer Data after termination. For a period of thirty (30) days following the end or termination of a subscription, the Customer may export its Customer Data using the export facilities described in Section 9.3. Upon expiry of that thirty (30)-day period, the Company may delete the Customer Data and shall thereafter have no obligation to retain or return it.

Survival. Sections 9, 11, 13 and 15, and any payment obligations accrued prior to termination, survive the termination or expiry of these Terms.

Governing law. These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.

Dispute resolution. The parties shall first attempt in good faith to resolve any dispute arising out of or in connection with these Terms by discussion. Failing resolution, such dispute shall be brought exclusively in the courts of the Province of Alberta, Canada, and the parties hereby attorn to the jurisdiction of those courts.

Material changes. The Company may amend these Terms. Any material amendment — including any change to fees under Section 4.6 — shall be announced within the Applications not fewer than thirty (30) days before the date on which it takes effect.

Acceptance of amendments. The Customer’s continued use of the Applications after an amendment takes effect constitutes acceptance of the amended Terms. A Customer that does not accept a material amendment may cancel in accordance with Section 12.1 before the amendment takes effect.

Non-material changes. Amendments that do not affect the Customer’s rights or costs — including corrections to wording or contact particulars — may be made without the thirty (30)-day notice prescribed by Section 14.1 and shall be dated when posted.

Entire agreement. These Terms constitute the entire agreement between the parties in respect of the Applications and supersede all prior or contemporaneous agreements, understandings, negotiations and representations, whether written or oral, relating thereto.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver thereof, and no single or partial exercise of any right shall preclude any other or further exercise thereof.

Assignment. The Customer shall not assign or transfer these Terms, or any subscription, Seat or Access Code hereunder, without the prior written consent of the Company. The Company may assign these Terms in connection with a sale of all or substantially all of its business or assets.

Notices. Notices under these Terms may be given by announcement within the Applications or by email to the contact particulars most recently provided by the receiving party, and are deemed given when posted or sent, as applicable.

Electronic acceptance and counterparts. Acceptance of these Terms by the scroll-and-accept mechanism described in Section 1.3, and any electronic signature applied to the acceptance block below, are binding and shall be deemed the equivalent of an original handwritten signature and an original signed document.