1. Agreement to Terms

These Terms of Service ("Terms) constitute a legally binding agreement between you ("Customer", "you", or "your") and EA Safety Services, LLC ("EA Safety", "we", "us", or "our"), governing your access to and use of the EA Safety field safety management platform, including all associated web applications, mobile applications, APIs, and services (collectively, the "Platform").

By creating an account, subscribing to a plan, or otherwise accessing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Subscription Plans and Pricing

4.1 Plan Tiers. The Platform is offered under multiple subscription tiers (Starter, Team, Business, and Enterprise), each with different feature sets, user limits, and pricing as described on our pricing page. EA Safety reserves the right to modify plan features and pricing with 30 days' advance written notice to active subscribers.

4.2 Free Trial. New accounts receive a 14 day free trial with access to Starter plan features. No credit card is required to begin a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Platform.

4.3 Billing Cycles. Subscriptions are available on a monthly or annual billing cycle. Pricing for each cycle is displayed at the time of purchase.

4.4 Annual Commitment. By selecting an annual billing cycle, you agree to a 12- month billing commitment. Annual subscriptions cannot be converted to monthly billing until the current annual term expires. You may change your plan tier (upgrade or downgrade) at any time while maintaining your annual billing cycle.

4.5 Payment. All payments are processed through Stripe, Inc. By subscribing, you authorize EA Safety to charge your designated payment method on a recurring basis according to your selected billing cycle. All fees are quoted in U.S. dollars.

4.6 Taxes. Prices do not include applicable taxes. You are responsible for paying all taxes associated with your subscription, except for taxes based on EA Safety's net income.

5. Plan Changes, Upgrades, and Downgrades

5.1 Upgrades. You may upgrade your plan at any time. Upgrades take effect immediately. Stripe will prorate the charges, crediting you for the unused portion of your current plan and charging the difference for the new plan.

5.2 Downgrades (Monthly Plans). Monthly subscribers may downgrade their plan at any time. Downgrades take effect immediately with prorated billing. Upon downgrade, access to features not included in the lower-tier plan will be restricted immediately.

5.3 Downgrades (Annual Plans). Annual subscribers may not downgrade to a lower plan tier during their current annual term. Downgrades for annual plans take effect at the end of the current billing period. You may request a downgrade at any time, and it will be applied at your next renewal date.

5.4 Per-User Plans. For per-user plans (Starter), you may add or remove seats at any time. Added seats are prorated for the remainder of the billing cycle. Removed seats take effect at the next billing cycle.

5.5 Billing Cycle Changes. Monthly subscribers may switch to annual billing at any time to receive the annual discount. Annual subscribers may switch to monthly billing only at the end of their current annual term.

6. Cancellation and Refunds

6.1 Cancellation by Customer. You may cancel your subscription at any time through the Billing & Plan page in the Platform or by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period. You will retain access to the Platform until the end of the paid period.

6.2 No Refunds for Partial Periods. EA Safety does not provide refunds for partial billing periods. If you cancel mid-cycle, you will continue to have access until the end of your current billing period but will not receive a refund for the remaining days.

6.3 Annual Plan Cancellation. If you cancel an annual subscription before the 12-month term expires, you will retain access until the end of the annual period. No prorated refunds are issued for early cancellation of annual plans.

6.4 Cancellation by EA Safety. We reserve the right to suspend or terminate your account for violation of these Terms, non payment, or any activity that threatens the security or integrity of the Platform. In the event of termination for cause, no refund will be issued.

6.5 Data After Cancellation. Upon cancellation, your data will be retained for 30 days to allow for export or reactivation. After 30 days, your data may be permanently deleted. You may request immediate data deletion at any time by contacting us.

7. Account Deletion

7.1 Self-Service Deletion. Organization owners may delete their organization and all associated data through the Platform's account settings. This action is permanent and cannot be undone.

7.2 Individual Account Deletion. Individual users may request deletion of their personal account by contacting us at [email protected] or through the in-app account deletion feature.

7.3 Effect of Deletion. Deletion permanently removes all organization data, including projects, reports, inspections, employee records, and uploaded documents. Active subscriptions will be canceled and no refund will be issued for the remaining billing period.

8. Data Ownership and Privacy

8.1 Your Data. You retain all ownership rights to the data you upload, create, or generate through the Platform ("Customer Data"). EA Safety does not claim ownership of Customer Data.

8.2 License to EA Safety. You grant EA Safety a limited, non-exclusive license to store, process, and display Customer Data solely for the purpose of providing the Platform services to you.

8.3 Data Security. EA Safety implements industry-standard security measures to protect Customer Data, including encryption in transit and at rest, secure cloud hosting, and regular security assessments.

8.4 Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.5 Data Portability. You may export your data at any time through the Platform's built-in export features or by contacting us for assistance.

9. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Platform, other accounts, or connected systems
• Interfere with or disrupt the integrity or performance of the Platform
• Upload malicious code, viruses, or harmful content
• Use the Platform to store or transmit content that infringes on third-party intellectual property rights
• Resell, sublicense, or redistribute access to the Platform without written authorization
• Use automated scripts, bots, or scrapers to access the Platform except through authorized APIs
• Share login credentials between multiple individuals (each user must have their own account)
• Falsify safety records, inspection results, or compliance documentation

10. Intellectual Property

10.1 Platform Ownership. The Platform, including all software, design, content, features, and documentation, is the exclusive property of EA Safety Services, LLC and is protected by copyright, trademark, and other intellectual property laws.

10.2 Branding. Depending on your subscription tier, the Platform may display "Powered by EA Safety Services, LLC" branding on generated reports and documents. Enterprise plan subscribers may remove this branding.

10.3 Feedback. If you provide suggestions, ideas, or feedback regarding the Platform, you grant EA Safety a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

11. AI-Generated Content

11.1 AI Features. The Platform includes AI-powered features (hazard scanning, JHA drafting, corrective action suggestions) that generate content based on your inputs. AI-generated content is provided as a starting point and must be reviewed, edited, and approved by a qualified safety professional before use.

11.2 No Guarantee of Accuracy. EA Safety does not guarantee the accuracy, completeness, or regulatory compliance of AI-generated content. You are solely responsible for verifying that all safety documentation meets applicable OSHA standards, state regulations, and project specific requirements.

11.3 Professional Judgment. AI features are tools to assist qualified safety professionals, not replacements for professional judgment. You acknowledge that AI-generated hazard assessments, controls, and recommendations require human review and validation.

12. GPS and Time Tracking

12.1 Location Data. The Platform's time tracking feature collects GPS location data at clock-in and clock-out events. This data is used solely for verifying work location and is accessible only to organization administrators.

12.2 Employee Notification. You are responsible for notifying your employees that GPS location data is collected during clock-in/out events and for obtaining any required consent under applicable law.

12.3 Review-Only Policy. GPS exception alerts (when an employee clocks in/out outside the designated project geofence) are provided for informational review only. The Platform does not automatically initiate disciplinary action or modify payroll based on GPS data.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EA SAFETY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

EA SAFETY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EA SAFETY DOES NOT WARRANT THAT THE PLATFORM WILL MEET ALL REGULATORY REQUIREMENTS APPLICABLE TO YOUR SPECIFIC JURISDICTION OR INDUSTRY.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EA SAFETY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

EA SAFETY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO EA SAFETY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless EA Safety Services, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you upload or generate through the Platform.

16. Modifications to Terms

EA Safety reserves the right to modify these Terms at any time. We will provide notice of material changes by email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must cancel your subscription before the changes take effect.

17. Governing Law and Dispute Resolution

17.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

17.2 Dispute Resolution. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Riverside County, California, in accordance with the rules of the American Arbitration Association.

17.3 Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

18. General Provisions

18.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and EA Safety regarding the Platform.

18.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver. The failure of EA Safety to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment. You may not assign or transfer these Terms without EA Safety's prior written consent. EA Safety may assign these Terms without restriction.

18.5 Force Majeure. EA Safety shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

19. Contact Information

For questions about these Terms of Service, please contact:

EA Safety Services, LLC

Email: [email protected]
Website: www.easafetyservices.com