These Terms of Service ("Terms") are a binding agreement between DVR Digital LLC, doing business as SafetyClinic.app ("SafetyClinic", "we", "us", "our"), and the person or organization that accesses or uses the Service ("you", "your", "Customer").
By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you represent that you are authorized to bind that organization. Please read Section 12 (Limitation of liability) and Section 15 (Governing law and dispute resolution) carefully — Section 15 requires most disputes to be resolved by binding arbitration on an individual basis.
1. The Service
SafetyClinic.app is a workplace-safety, inspection, and compliance platform delivered as software as a service on the web and as mobile and desktop applications. It lets organizations manage locations, run inspections and surveys, track corrective actions, log emergency drills, schedule work, store safety data sheets, and produce related reports. We may add, change, or remove features from time to time.
2. Eligibility and accounts
You must be at least 16 years old and able to form a binding contract to use the Service. You agree to provide accurate registration information and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly at support@safetyclinic.app of any unauthorized use or security breach. We are not liable for loss arising from unauthorized use of your account that results from your failure to keep your credentials secure.
3. Organizations, administrators, and Authorized Users
The Service is organized around organizations (tenants). A Customer may invite individuals ("Authorized Users") and designate administrators who manage membership, roles, and settings. The Customer is responsible for its administrators and Authorized Users, for their compliance with these Terms, and for all activity within its organization, including any content they submit and any invitations they send. Access is scoped to each organization; you must not attempt to access another organization's data.
4. Subscriptions, fees, and taxes
Some plans are free or offered on a trial or pilot basis; paid plans may be introduced. If you purchase a paid subscription:
- Fees, billing frequency, and plan limits are those presented at the time of purchase. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for applicable taxes and duties.
- Subscriptions renew automatically for successive terms unless cancelled before the renewal date, and fees for a term are non-refundable except where required by law.
- We may change fees for future terms with reasonable prior notice; continued use after a change takes effect constitutes acceptance.
- Purchases made through the Apple App Store or Google Play are also subject to that store's terms, and billing may be handled by the store.
5. Customer Data and license
As between you and us, you own the content you and your Authorized Users submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data solely as needed to provide, secure, and support the Service, to prevent or address technical or security issues, and as otherwise permitted by these Terms and our Privacy Policy. You represent that you have the rights necessary to submit the Customer Data and grant this license, and that it does not violate law or the rights of others.
Our processing of personal data within Customer Data is described in the Privacy Policy and, where applicable, the Data Processing Addendum.
6. Acceptable use
You agree to use the Service only for lawful workplace-safety purposes and to comply with our Acceptable Use Policy, which is incorporated into these Terms. Among other things, you must not upload unlawful, infringing, or malicious content; upload patient records or protected health information (PHI) as defined under HIPAA, for which the Service is not authorized (this does not restrict employee vaccination, fit-test and licence records kept in the health & credential module, which are employment records rather than PHI); attempt to access, probe, or disrupt the Service or other organizations' data; reverse engineer the Service except as permitted by law; use robots or scrapers except through features we provide; or resell or sublicense the Service outside your organization without our permission.
7. Feedback
If you send us suggestions, ideas, or other feedback about the Service, we may use it without restriction or obligation to you, and you grant us a perpetual, irrevocable, royalty-free license to do so.
8. Intellectual property
The Service, including its software, design, text, graphics, and trademarks, is owned by DVR Digital LLC or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription, subject to these Terms. All rights not expressly granted are reserved. You may not use our name, logos, or trademarks without our prior written permission.
Copyright complaints (DMCA)
We respect copyright and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512).
If you believe content on the Service infringes your copyright, send a written notice to our designated agent containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (4) your address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Designated agent for notice of claimed infringement:
DMCA Agent, DVR Digital LLC (dba SafetyClinic.app)
180 NW Saddlehorn Ct, Prineville, OR 97754
copyright@safetyclinic.app
Counter-notification. If your material was removed and you believe the removal was the result of mistake or misidentification, you may send a counter-notice to the same agent containing your signature, identification of the material and its location before removal, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, your name, address, and telephone number, and your consent to the jurisdiction of the federal court for your district (or, if outside the United States, for the District of Oregon) and to accept service of process from the complaining party. We may restore the material in 10 to 14 business days unless the complaining party files an action seeking a court order.
Repeat infringers. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of Authorized Users and organizations that are repeat infringers.
Note on uploaded documents. Safety data sheets, floor plans, and similar documents you upload are frequently authored by third parties. You are responsible for confirming you have the rights necessary to store and display them in the Service.
9. Third-party services
The Service relies on third-party providers (for example, hosting, database, email, and optional AI and crash-reporting services) listed in our Subprocessors list. Your use may also be subject to app store terms. We are not responsible for third-party services we do not control, and their availability may affect the Service.
10. Confidentiality
Each party may receive non-public information of the other. The receiving party will use the disclosing party's confidential information only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained from a third party, or that must be disclosed by law.
11. Warranties and disclaimers
The Service supports your safety and compliance program but does not perform it for you. You remain solely responsible for your compliance with all applicable laws, codes, and standards, including OSHA and similar workplace-safety requirements, and for the accuracy of the inspections, actions, and records you create. We do not warrant that use of the Service will result in compliance or prevent incidents.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100. These limitations do not apply to liability that cannot be limited by law.
13. Indemnification
You will defend, indemnify, and hold harmless DVR Digital LLC and its officers, members, and employees from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your Customer Data, your use of the Service, or your breach of these Terms or applicable law. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.
14. Term, suspension, and termination
These Terms apply while you use the Service. You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or its users. We may also discontinue the Service with reasonable notice. On termination, your right to use the Service ends; you may export your Customer Data before termination or within a reasonable window afterward where feasible, after which we may delete it. Sections that by their nature should survive termination (including 5, 7, 8, 11, 12, 13, and 15) will survive.
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules, and, where applicable, by the federal laws of the United States.
Informal resolution. Before filing a claim, you agree to contact us at support@safetyclinic.app and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property or unauthorized access, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where the amount in dispute qualifies, its Expedited Procedures. The AAA Rules are available at adr.org. The arbitration will be heard by a single arbitrator in the English language. The seat of arbitration will be Crook County, Oregon, and hearings may be conducted by video or telephone unless the arbitrator determines that an in-person hearing is necessary. The arbitrator may award any relief available in a court on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. You and we waive any right to a jury trial and to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will be severed and decided by a court located in Crook County, Oregon, while the remaining claims proceed in arbitration.
Your right to opt out. You may reject this arbitration agreement by emailing support@safetyclinic.app within 30 days of first accepting these Terms, stating your name, your organization, and that you are opting out of arbitration. Opting out does not affect any other part of these Terms, and we will not retaliate for an opt-out.
16. Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, labor or supply-chain disruptions, utility or telecommunications failures, internet or hosting provider outages, public-health emergencies, civil disturbances, or government actions.
17. Changes to the Service and these Terms
We may modify the Service and these Terms from time to time. If we make material changes to these Terms, we will provide notice in the app or by email before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.
18. General
- Entire agreement: these Terms, the Privacy Policy, the Acceptable Use Policy, and any order or plan you accept are the entire agreement between you and us and supersede prior agreements on the subject.
- Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Severability: if any provision is unenforceable, the rest remains in effect.
- Waiver: our failure to enforce a provision is not a waiver.
- Notices: we may send notices to the email associated with your account; you may send notices to support@safetyclinic.app.
- Relationship: the parties are independent contractors; these Terms create no agency, partnership, or joint venture.
19. Contact us
DVR Digital LLC (dba SafetyClinic.app)
Address: 180 NW Saddlehorn Ct, Prineville, OR 97754
Email: support@safetyclinic.app