Terms of Service

  1. Terms: By accessing this application, you ("User") are agreeing to be bound by the following Terms and Conditions of Use.
  2. Use License Permission:
    1. Licensor grants a non-exclusive, non-transferable license for content from this application to be used for creating and maintaining operator Safety Management Systems, for accomplishing internal audits by Operators and Service Providers and for full audits by qualified and listed IBAC auditors.
    2. The license period begins on January 1st of each year (or as soon as updated materials have been installed in the new protocol cycle) and continues to July 1st of the following year.
      1. After the next application cycle has been purchased and installed on the cloud all owner information will be migrated from the previous application into the new application.
      2. If there is a previous application on the cloud, it will be removed from service sixty (60) days after the associated protocol cycle has ended.
      3. Reports created by Operators and Service Providers will have a watermark with the word "INTERNAL" placed on each page of a report.
      4. Auditor reports will not contain the "INTERNAL" watermark on report pages.
    3. Operators are allowed to create unlimited audit record-sets as needed to meet Operator internal needs during the current protocol cycle.
    4. Auditors and Service Providers will be charged a fee for each customer record-set used for evaluations and audits. If a record-set has not been completed by the end of the protocol cycle, it will be carried forward into the next cycle after purchase.
  1. User-Created Content or Third-Party Content: Licensor is not responsible or liable in any manner for any User created content or content received from a third party used in connection with the application.
  2. Refunds:
    1. Application refunds are allowed within the first thirty (30) days after purchase.
    2. Application refunds are not allowed after an audit.
    3. Purchased audit record-sets are not refundable unless the purchase was within the applications thirty (30) day purchase period.
  3. Compliance with Law and Indemnification: User will indemnify, defend, and hold harmless Licensor, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages or expenses (including reasonable attorneys fees) related to or arising out of: (i) User's breach of any representation, warranty, or covenant hereunder and (ii) User's unauthorized use of the application. The application and accompanying documentation materials may also be protected under federal copyright and patent laws. Unauthorized copying or use of the application beyond the scope of this Agreement is expressly forbidden. User may be held legally responsible for any copyright or patent infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
  4. General: This Agreement is not assignable or transferable by any User without the prior written consent of Licensor. This Agreement shall be interpreted according to the laws of State of Wisconsin, without regard to conflict of laws principles. Any actions related to Agreement shall be brought only in the Federal or State courts of Wisconsin. User hereby submits to the jurisdiction of such courts.