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Terms of Service

These terms govern your access to and use of SafeGora. They include subscription terms, acceptable use, data-processing terms, confidentiality, warranty disclaimers, limitation of liability, governing law, arbitration, and references to our Refund Policy.

Enterprise orders may be executed under a separate Master Subscription Agreement (MSA) that supersedes specific sections. Contact Ollie@safegora.com for redlines, MSA templates, or executed copies.

1. Parties and acceptance of terms

These Terms of Service (these "Terms") are an agreement between OllieLabs LLC, operating as SafeGora ("SafeGora", "we", "us"), and the person or organization that accepts them ("Customer", "you"). "Services" means the SafeGora software and related services. "Customer Data" means information Customer or its users submit to the Services, and "Customer Personal Data" means Customer Data that is personal information.

By accessing or using SafeGora, you agree to be bound by these Terms. If you do not agree, do not access or use the Services. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Your account

You are responsible for safeguarding your account credentials and for any activity that occurs under your account. Notify us immediately at Ollie@safegora.com of any unauthorized use. You must be at least 18 years old to create an account.

3. Acceptable use

You agree not to:

  • Misuse the Services, including by attempting to access systems or data you are not authorized to use.
  • Interfere with or disrupt the operation of the Services or the servers or networks that host them, including by transmitting malware, conducting denial-of-service attacks, or attempting to bypass rate limits or access controls.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent that applicable law expressly permits despite this limitation.
  • Use the Services to violate any applicable law, infringe any third-party intellectual-property right, or upload content you do not have the right to upload.
  • Use the Services to develop a competing product or service.

4. Subscription and billing

Paid plans are billed in advance on a monthly or annual basis to the payment method on file through our payment processor. You may cancel at any time; cancellation stops future renewals but does not refund charges for the current period except as set out in our Refund Policy. Annual plans include a fourteen (14) day pro-rata refund window from the order start date; see the Refund Policy for the full schedule and exclusions.

Auto-renewal disclosure. Unless cancelled before the renewal date, paid subscriptions automatically renew for successive periods at the then-current rate. You will be charged on the renewal date through the payment method on file. Cancellation instructions are available in your account settings or by emailing Ollie@safegora.com. For California residents and others where required by law, this auto-renewal disclosure is provided under California Business and Professions Code §17600 et seq. and equivalent state automatic-renewal laws.

Taxes. Fees are exclusive of sales, use, value-added, and similar taxes, which you are responsible for paying except where SafeGora is required to collect and remit them on your behalf.

5. Intellectual property; customer-data ownership

As between the parties, SafeGora and its licensors retain all right, title, and interest in and to the Services, including all software, documentation, and improvements. Subject to these Terms and your payment of applicable fees, SafeGora grants you a non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for your internal business purposes.

As between the parties, Customer retains all right, title, and interest in and to Customer Data submitted to the Services. Customer grants SafeGora a non-exclusive, worldwide, royalty-free right to host, store, transmit, display, and otherwise process Customer Data solely to provide and support the Services and to comply with Customer's documented instructions as described in Section 10.

Feedback. If you submit suggestions, enhancement requests, or other feedback to SafeGora, you grant SafeGora a perpetual, worldwide, royalty-free license to use that feedback to improve the Services without obligation to you.

6. Compliance disclaimers

SafeGora is a software tool. While we work to keep our rule library current with federal OSHA and state-plan requirements, you remain responsible for your compliance with applicable workplace-safety laws. SafeGora is not a substitute for legal counsel, certified safety professionals, or independent regulatory verification. Your use of the Services does not transfer any regulatory obligation from you to SafeGora.

7. Warranty disclaimer

EXCEPT AS EXPRESSLY SET OUT IN AN EXECUTED MASTER SUBSCRIPTION AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFEGORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SAFEGORA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

8. Limitation of liability

“Annual Fees” means fees paid or properly payable by Customer to SafeGora for the Services in the twelve (12) months preceding the event giving rise to the claim; related events are treated together. Each party's ordinary aggregate liability under these Terms is limited to Annual Fees. Covered intellectual-property indemnities under Section 9 have a cap equal to the greater of Annual Fees or USD 100,000. Claims caused by breach of security, privacy, data-processing or confidentiality duties have a cap equal to the greater of three times Annual Fees or USD 250,000.

These limits do not stack. For all capped claims combined, recovery cannot exceed the highest applicable cap, and each category remains subject to its own limit. Defense costs, judgments and settlements reduce the applicable aggregate. Different labels, legal theories or indemnity claims do not multiply recovery. Ordinary Annual Fees may be zero during an unpaid trial; during a trial with no Annual Fees, the IP and security/privacy/confidentiality caps are USD 10,000 each instead of the USD 100,000 and USD 250,000 floors.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This exclusion does not prevent covered third-party judgments and settlements under Section 9, or reasonable direct incident investigation, notification, containment and restoration costs caused by breach of the duties subject to the higher security/privacy/confidentiality cap. Lost Customer Data is addressed through those direct incident costs when they arise from a breach subject to that cap; this paragraph does not create double recovery for the same loss.

The caps and the exclusion of indirect damages in this Section 8 do not apply to fraud, willful misconduct or liability that law prohibits limiting. Properly due payment obligations, billing corrections and express refunds remain payable. No term limits a regulator's powers or a person's nonwaivable rights. There is no duplicate recovery for the same loss.

Both parties' obligations under Section 9, including covered reasonable defense costs, are subject to the applicable category and aggregate limits in this Section 8. The exclusion of indirect damages does not eliminate otherwise covered third-party judgments and settlements. No provision creates double recovery for the same loss.

9. Indemnification

SafeGora indemnification. Subject to the applicable category and aggregate limits in Section 8, SafeGora will defend Customer against any third-party claim alleging that the unmodified Services, as used in accordance with these Terms, infringe a third party's intellectual-property right, and will pay damages finally awarded by a court of competent jurisdiction or amounts agreed in settlement. SafeGora's obligations do not apply to claims arising from (i) Customer Data, (ii) combination of the Services with materials not provided by SafeGora, (iii) use of the Services in violation of these Terms, or (iv) modifications to the Services not made by SafeGora.

Customer indemnification. Subject to the applicable category and aggregate limits in Section 8, Customer will defend SafeGora against any third-party claim arising from (i) Customer Data, (ii) Customer's violation of these Terms or applicable law, or (iii) Customer's misuse of the Services, and will pay damages finally awarded by a court of competent jurisdiction or amounts agreed in settlement.

The indemnifying party's obligations are conditioned on the indemnified party (a) promptly notifying the indemnifying party of the claim, (b) giving the indemnifying party sole control of the defense and settlement, and (c) providing reasonable cooperation at the indemnifying party's expense.

10. Data processing

Scope. This Section 10 applies to Customer Personal Data that SafeGora processes on Customer's behalf. If Customer and SafeGora execute a Data Processing Addendum ("DPA"), the executed DPA controls where it conflicts with this Section. The Data Processing Addendum page describes how to request one.

Instructions. SafeGora processes Customer Personal Data only to provide, secure and support the Services, to follow Customer's documented instructions, and to comply with law. These Terms, Customer's configuration of the Services and Customer's lawful written directions are those instructions. SafeGora will tell Customer if it believes an instruction violates applicable data-protection law. Customer must have the notices, permissions and legal basis needed for the Customer Personal Data it submits.

California service-provider terms. Where SafeGora acts as Customer's service provider or contractor under the California Consumer Privacy Act ("CCPA"), SafeGora processes Customer Personal Data for the business purposes in this Section and will not: (a) sell or share it; (b) retain, use or disclose it for any purpose other than those business purposes, or outside the direct business relationship between Customer and SafeGora; or (c) combine it with personal information from other sources, except as the CCPA permits. SafeGora certifies that it understands these restrictions and will comply with them. SafeGora will provide the level of privacy protection the CCPA requires, will notify Customer if it can no longer meet its CCPA obligations, and will allow Customer to take reasonable steps to stop and remediate unauthorized use. Comparable state privacy laws apply in the same way where they govern the processing.

Security and incidents. SafeGora limits access to personnel who need it and are bound by confidentiality duties, and maintains reasonable technical and organizational security measures, summarized on the Security page. SafeGora will notify Customer without undue delay after becoming aware of a security breach affecting Customer Personal Data, and within any shorter period the law requires, with the information reasonably available to help Customer meet its own obligations.

Sub-processors. Customer authorizes the sub-processors listed on the Sub-processors page. SafeGora will put written data-protection terms in place with each sub-processor that are no less protective than this Section, and remains responsible for their performance. The Sub-processors page identifies any vendor for which a signed agreement is not yet confirmed. SafeGora will give at least thirty (30) days' notice before adding or replacing a sub-processor. Customer may object on reasonable data-protection grounds during that period. If the parties cannot reach a reasonable resolution, Customer may terminate the affected Services before the change takes effect and receive a refund of unused prepaid fees for them.

Assistance. SafeGora will reasonably assist Customer with individuals' privacy-rights requests, security and breach-notification obligations and legally required assessments, and will provide information reasonably necessary to show compliance with this Section on request.

Return and deletion. Customer may export Customer Data as described in Section 14. After that period, SafeGora deletes Customer Personal Data under its documented retention schedule. Copies that law requires SafeGora to keep, and backups that expire on their rotation schedule, remain protected and are not used for ordinary processing.

Location. SafeGora hosts the application in Google Cloud us-west1 in the United States. AI text generation uses a Google global endpoint, as described on the Sub-processors page. The Services are offered to United States customers. EU Standard Contractual Clauses or a UK transfer addendum apply only when included in an executed DPA.

11. Confidentiality

Each party will protect the other party's information that is reasonably understood to be confidential with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need it and are bound by comparable duties. Customer Data is Customer's confidential information. Information that is independently developed, lawfully received without restriction, already lawfully known, or public through no breach is not confidential information.

A party may disclose confidential information when law requires it. Where lawful, it will first give notice and reasonable cooperation and will limit the disclosure to what is required. These duties continue for as long as the information remains confidential.

12. HIPAA / Business Associate Agreement (BAA)

SafeGora is not a HIPAA covered entity or Business Associate today and does not execute Business Associate Agreements. Customers subject to HIPAA must not upload Protected Health Information (PHI) into the Services. Healthcare customers handling PHI should review our Security overview and contact Ollie@safegora.com to scope an appropriate path forward before sending any data that could constitute PHI.

13. Service Level Agreement (SLA)

Service levels, if any, are set only in an executed enterprise agreement. The Service Level Agreement page describes what an enterprise order can include. It is not a public uptime commitment, service-credit schedule, or support-response commitment.

14. Termination

Either party may terminate these Terms for cause if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice. SafeGora may suspend or terminate the Services immediately if Customer violates Section 3 (Acceptable Use) in a manner that creates imminent risk to SafeGora, its customers, or third parties.

On termination or expiration, Customer's right to access the Services ends. SafeGora will return or delete Customer Personal Data as set out in Section 10. Customer may export Customer Data through the in-product export tooling at any time during the subscription term and for at least thirty (30) days after termination.

15. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 16, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any dispute that is not subject to arbitration, and the parties consent to personal jurisdiction and venue in those courts.

16. Arbitration and class-action waiver

Any dispute arising out of or related to these Terms or the Services that is not resolved through good-faith negotiation will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English by a single arbitrator in Wilmington, Delaware, or remotely as the parties agree. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Each party agrees that any dispute will be brought in the party's individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding.

Intellectual-property carve-out. Either party may bring an action in a court of competent jurisdiction seeking equitable relief (including injunctive relief) to protect its intellectual-property rights or confidential information, without first proceeding to arbitration.

17. Force majeure

Neither party is liable for any failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, internet backbone failures, large-scale cloud-provider outages, or pandemic-related disruptions.

18. Notices and assignment

Legal notices to SafeGora must be in writing and sent to Ollie@safegora.com with a copy by certified mail to OllieLabs LLC, Attn: Legal, 3400 NE John Olsen Ave, Ste 200, Hillsboro, OR 97124. Notices to Customer are sent to the administrative contact on the account.

Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, on written notice to the other party.

19. Severability and entire agreement

If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. These Terms, together with the documents referenced (including the Privacy Policy, the Refund Policy, and any executed order, MSA, DPA or SLA), constitute the entire agreement between the parties regarding the Services and supersede all prior agreements on that subject.

20. Changes to these terms

SafeGora may update these Terms by publishing a new edition. Material changes will be communicated by email or in-app notice at least thirty (30) days before they take effect. A change to fees, to Section 8 (limitation of liability), to Section 15 or 16 (governing law and arbitration), or an expanded use of Customer Data that requires consent applies to an existing Customer only after that Customer affirmatively accepts it. For other changes, continued use of the Services after the effective date constitutes acceptance where the law permits. If Customer does not accept a change, the edition it accepted continues until cancellation, nonrenewal or termination.

21. Contact

Questions about these Terms: Ollie@safegora.com. Billing and refund inquiries: Ollie@safegora.com. Security-incident notifications: Ollie@safegora.com.

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