Terms of Service
Last updated: December 2024
1. Agreement to Terms
By accessing or using Workforce Guardian's health and safety management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
2. Description of Service
Workforce Guardian provides a cloud-based health and safety management platform designed for UK construction companies. The Service includes:
- AI-powered project creation and management
- Risk Assessment Method Statement (RAMS) generation and management
- Worker safety monitoring and check-in features
- Incident reporting and tracking
- Compliance documentation and evidence pack generation
- Mobile applications for field workers
3. Account Registration
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and accept all risks of unauthorised access
- Immediately notify us if you discover or suspect any security breaches
4. Subscription and Payment
4.1 Subscription Plans
Access to the Service is provided on a subscription basis. Different subscription tiers offer varying features and user limits as described on our Pricing page.
4.2 Free Trial
We may offer a free trial period. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends.
4.3 Payment Terms
Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Service
- Interfere with or disrupt the Service or servers
- Transmit any viruses, malware, or other malicious code
- Use the Service to store or transmit infringing or illegal content
- Resell, redistribute, or sublicense the Service without our written consent
6. Data and Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You retain all rights to the data you upload to the Service. You grant us a limited licence to use this data solely to provide and improve the Service.
7. Intellectual Property
The Service and its original content, features, and functionality are owned by Workforce Guardian and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
8. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Workforce Guardian expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Important: While our Service is designed to assist with health and safety management, it does not replace the need for qualified health and safety professionals, proper training, or compliance with all applicable regulations. You remain solely responsible for workplace safety.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Workforce Guardian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Workforce Guardian and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. You may export your data prior to termination in accordance with our data export procedures.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Workforce Guardian
Email: legal@workforceguardian.co.uk
Phone: 01572 492190
