THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND PILOTHSE.COM. (“COMPANY”, “WE”, OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE PILOTHSE WEBSITE, THE ERP PLATFORM AND OTHER RELATED SERVICES OFFERED BY THE COMPANY COLLECTIVELY REFERRED TO AS THE “SERVICE”. BY USING ANY OF THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.

Plans, Customers and Users

The Service offers a free plan. This free plan provides access to the Service Observer, Waste and Energy Management modules.

“Customer” refers to the organization or individual that you represent when signing up.

The Customer can create and modify a company profile, add, modify and re-assign users within that select company. “Users” refer to individuals with access to the Service in connection with a Customer’s plan.

References herein to “you” refer to both Users and Customers. By registering or using the Service, you represent that you are at least the age of majority in the jurisdiction in which you reside, and you agree to these Terms as a User. In addition, you represent that you are authorized to act on behalf of Customer, and you hereby bind Customer to these Terms.

Customer is responsible for the conduct of Users under the Customer’s plan and their compliance with these Terms. Any non-compliance or breach of these Terms by a Customer’s User is also a non-compliance or breach by Customer.

Changes

Company may make changes to the Service at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service. By using the Service after Company has updated the Terms, you are agreeing to all the updated Terms. If you do not agree with any of the updated Terms, you must stop using the Service.

General Use

Company provides content through the Service that is copyrighted and/or trademarked work of Company or Company’s third-party licensors and suppliers or other Users of the Service (collectively, the “Materials”). Materials may include data, information, text, logos, graphics, video, audio, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Company hereby grants you a limited, non-exclusive and non-transferable license to use and to display the Materials and to use the Service solely as intended through the provided functionality of the Service. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner. Upon the termination of your account, the above license terminates automatically.

You may not:

• Modify, disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law;
• Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third-party
• Make any copies of the Service
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible, or features that enforce limitations on use of the Service
• Delete the copyright and other proprietary rights notices on the Service

You acknowledge that Company may from time to time issue upgraded versions of the Service and may automatically electronically upgrade the version that you are using. You consent to such automatic upgrades and agree that these Terms will apply to all such upgrades.

Using the Service

In order to access certain password-restricted areas of the Service, you must register with Company for an account.

You may register for an account with the Company through the account registration page on the Site. You are responsible for maintaining the confidentiality of your login and password (“Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to promptly notify Company if your Password on the Service is lost, stolen, if you are aware of any unauthorized use of your Password on the Service or if you know of any other breach of security in relation to the Service.

All the information that you provide when registering for an account and otherwise through the Service must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account directly and making the desired changes.

User Submissions

The Service allows Users to submit content, including, without limitation, information regarding Customer’s safety management, energy and waste management (“Submissions”). When you make Submissions to the Service, you represent, warrant and covenant that:

Your Submissions are related to the intended purpose of the Service, which is to facilitate safety management.

The use, creation, modification, distribution, transmission, display or performance, and the accessing, downloading, or copying of your Submission does not and will not infringe or violate the rights of any third party, including, but not limited to, copyright, patent, trademark, trade secret, moral rights, and privacy rights.

You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company, the Service, and other Users of the Service to use your Submission in any manner contemplated by the Service and these Terms.

Your Submission is not false, inaccurate, or misleading.

Your Submission does not violate any applicable law, regulation, or rule.

Company reserves the right to remove any Submission by you if Company determines, in Company’s sole discretion, that your Submission is inappropriate for the Service.

You hereby grant Company a worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Submissions to provide Service to the Customer you are associated with consistent with the functionality of the Service. This license continues even if you stop using the Service.

Customer is free to modify, download and delete submissions at customers discretion. Customer is solely responsible for and shall indemnify Company from and against any liability, cost, loss, lawsuit, claim, investigation, sanction or expense (including attorney’s fees) that arises out of the removal of any Submission by or at the request of the Customer.

Compliance with Laws and Unauthorized Activities

When using the Service, you agree to comply with all applicable laws, including, without limitation, employment, workplace safety, and privacy and data protection laws. You are responsible for ensuring that your Submission and practices relating to workplace safety comply with all applicable laws, rules, regulations and orders, including without limitation, the Occupational Safety and Health Act of 1970 (OSHA) and implementing regulations thereunder and any equivalent state laws. You are solely responsible for making all reports required by OSHA and applicable laws. You are responsible for ensuring that you maintain any and all records, including all Submission, required under the OSHA recordkeeping rules and under other applicable laws.

When using the Service, you agree not to:

• Use the Service for any illegal, unlawful or unauthorized purpose.
• Circumvent, disable, or otherwise interfere with any security-related features of the Service, including features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Service and/or the Materials contained therein.
• Engage in unauthorized framing of or linking to the Service.
• Attempt to learn sensitive information about Company and/or other Users of the Service, such as User passwords.
• Engage in any automated use of the Service, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• Attempt to impersonate another User, or use the Username of another User, of the Service.
• Sell or otherwise transfer your User profile on the Service to a third party.
• Use the Service as part of any effort to compete with Company.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
• Copy or adapt the Service’s software.
• Delete the copyright or other proprietary rights notices from any Materials.

Service Management

Company reserves the right, but not the obligation, to:

Monitor the Service for violations of these Terms.

In Company’s sole discretion, and without limitation, refuse or restrict your access to the Service, or limit the availability of the Service to you, if you breach the law or these Terms.

Take appropriate legal action against anyone who, in Company’s sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities.

In Company’s sole discretion, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof, if you breach the law or these Terms.

Company cannot guarantee the Service will be available to you at all times. Company and/or its system’s aggregator may experience hardware, software, or other problems or may need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You may also experience problems connecting to the internet, and therefore to the Service. While the Company will take reasonable steps to make the Service available, you agree not to hold Company liable whatsoever for any loss, damage, or inconvenience howsoever arising caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

Privacy Policy

Please review Company’s Privacy Policy (“Privacy Policy”) which explains how Company uses information that you submit to Company.

Proprietary Rights

PilotHSE is a trademark of Company. Other trademarks, names and logos on the Service are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the Service, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2021 PilotHSE. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of the Service is at your own risk. While Company endeavors to ensure the functionality of the Service, the Materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy or timeliness of the Materials contained on the Service. To the extent permitted by applicable laws, Company has no liability for any errors or omissions in Materials, whether provided by Company, our licensors or suppliers or other Users.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.

Limitation of Liability

WHILE COMPANY ENDEAVORS TO ENSURE THE FUNCTIONALITY OF THE SERVICE, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Indemnity

To the extent permitted by applicable law, Customer agree to indemnify and hold harmless Company from and against any and all claims, suits, actions, demands and proceedings against Company and all losses, costs, damages, expenses (including reasonable attorneys’ fees) and liabilities related thereto arising out of or related to: (i) Customer or its Users’ violation of these Terms, (ii) Customer or its Users’ Submission to the Service, (iii) any safety or other compliance decision or action taken by Customer based on the Service, or (iv) Customer or its Users’ violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive these Terms and Customer’s use of the Service.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Company an exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Company may determine in its sole discretion. Notwithstanding the foregoing, you understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Termination of Terms Entered Into Between Company and User

The Terms entered into hereunder between Company and User remain effective until the applicable Customer’s plan expires or terminates, or User’s access to the Service has been terminated by Customer or Company.

Upon the termination of the Terms entered into hereunder between Company and User, User shall cease accessing and using the Service, and Company may take such actions to preclude such access and use.

The disclaimer of warranties, representations made by User, limitations of liability and general provisions shall survive any termination of the Terms entered into between Company and User.

Termination of Terms Entered Into Between Company and Customer

Company may terminate the Terms entered into hereunder between Company and Customer at any time and for any reason by terminating Customer’s account on the Service or giving written notice to Customer.

Upon the termination of the Terms entered into hereunder between Company and Customer, Customer and its Users shall cease accessing and using the Service, and Company may take such actions to preclude such access and use.

The disclaimer of warranties, representations made by Customer, indemnities, limitations of liability and general provisions shall survive any termination of the Terms entered into between Company and Customer.

General

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about the Service.

Contact Us

If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at support@pilothse.com