Terms of Service

Effective Safety, LLC provides: (1) the Effective Safety platform, a software-as-a-service (SaaS) Safety Operating System for construction companies, accessible through our mobile application and website at effectivesafety.com; and (2) professional safety consulting services including but not limited to safety program development, safety audits, training delivery, OSHA compliance assistance, and ongoing safety management support.

These Terms govern your use of the Platform. Where consulting services are provided, a separate written agreement will define the specific scope and terms of that engagement. However, the liability limitations, disclaimers, indemnification provisions, and dispute resolution procedures in these Terms apply to all services provided by Effective Safety, LLC unless explicitly superseded by a separate written agreement.

The Platform provides tools to assist with delivering safety training, tracking attendance, managing safety documents, submitting digital safety forms, and monitoring compliance. We host, maintain, and update the Platform. You access it through our mobile application and website.

Account Creation

Accounts are created by authorized company administrators ("Admins"), not by individual users. When an Admin creates your account, you will receive login credentials via email. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.

Account Roles

The Platform uses role-based access with the following levels:

• Admin: Full access to company data, user management, training records, form submissions, and compliance reports for their company.
• Manager: Access to team management, training facilitation, form submissions, and compliance oversight.
• Supervisor: Access to training content, ability to facilitate and record training sessions, submit safety forms, and view team submissions.
• Worker: Access to assigned training content and ability to view their own training history and form submissions.

Your company Admin determines your role and access level.

Account Security

You agree to: keep your password confidential and not share it with others; notify us immediately if you suspect unauthorized access to your account; and use a strong password that has not been compromised in known data breaches (the Platform will alert you if your chosen password has appeared in a known breach).

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

Account Deletion

You may delete your account at any time through the "Delete My Account" option in the Platform. Account deletion removes your personal profile and login credentials. Training attendance records and form submissions that you created may be retained as part of your company's compliance records, as these documents serve regulatory purposes and may be required for OSHA compliance. Admins who are the sole administrator for their company must transfer admin access to another user before deleting their account.

You May:

• Use the Platform for its intended purpose: managing workplace safety programs, training, documentation, and compliance.
• Access training content assigned to you by your company.
• Submit forms, record attendance, and create safety documentation as part of your job responsibilities.
• Download PDF records and certificates generated by the Platform.

You May Not:

• Share your login credentials with anyone else.
• Attempt to access data belonging to other companies or users outside your authorized role.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform.
• Use the Platform to store, transmit, or distribute content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Interfere with or disrupt the Platform's infrastructure, including attempting to overload servers or introduce malicious code.
• Use automated tools (bots, scrapers, crawlers) to access the Platform without our written permission.
• Resell, sublicense, or redistribute access to the Platform without our written permission.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices on the Platform.
• Use the Platform in any way that violates applicable federal, state, or local laws or regulations.

Subscription Plans

Access to the Platform is provided through company-level subscriptions. Pricing, plan tiers, and billing terms are presented at the time of purchase and may be updated with notice.

Payment

Subscription fees are billed through a third-party payment processor. We do not store your credit card information — it is handled entirely by the payment processor.

Cancellation

Admins may cancel their company's subscription at any time. Upon cancellation, access continues through the end of the current billing period. Company data is retained for 90 days after the subscription expires to allow for reactivation, after which it is permanently deleted.

Refunds

Refunds are handled on a case-by-case basis. Contact us at billing@effectivesafety.com to discuss refund requests.

Your Data

You and your company retain ownership of all data you input into the Platform, including but not limited to: employee information, training attendance records, form submissions, uploaded documents, and any other content you create or upload.

We do not claim ownership of your data. We use your data solely to provide and improve the Platform as described in our Privacy Policy.

Our Platform

We own all rights, title, and interest in the Platform itself, including its design, code, features, documentation, branding, and any content we provide (such as training videos, safety manual content, and form templates). You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose during your active subscription.

Training Content

Safety training content provided through the Platform (including Toolbox Training videos, topic graphics, and course materials) is owned by Effective Safety, LLC and is licensed for use within the Platform only. You may not download, redistribute, or repurpose training content outside the Platform without our written permission. PDF attendance records and certificates generated from your submissions are yours to keep and distribute.

Data Export

Upon request, we will provide your company's data in a commonly used format (such as CSV or PDF) at no additional charge. Contact us at support@effectivesafety.com to request a data export.

SAFETY AND COMPLIANCE DISCLAIMER

Effective Safety, LLC provides two categories of service: (1) the Effective Safety platform ("the Platform"), a software-as-a-service tool for safety program management; and (2) professional safety consulting services provided under separate written agreements.

Regarding the Platform

The Platform provides tools and information to assist with safety program management, but it does NOT replace a company's legal obligation to comply with OSHA, state safety plans, or any other federal, state, or local regulatory requirements. The Platform itself is a software tool. Use of the Platform alone, without a separate consulting agreement, does not establish a consulting relationship. Effective Safety, LLC is not responsible for any company's compliance failures, regulatory citations, penalties, fines, or adverse regulatory outcomes arising solely from use of the Platform.

Regarding Consulting Services

When Effective Safety, LLC provides professional safety consulting services, the scope, deliverables, limitations, and terms of those services are governed by the separate written agreement between Effective Safety, LLC and the client. Consulting services are advisory in nature. Recommendations, assessments, program development, training, and any other consulting deliverables are based on information available at the time of engagement and the professional judgment of Effective Safety, LLC. They do not guarantee regulatory compliance, the absence of workplace hazards, or any specific safety outcome.

Applicable to All Services

Companies are solely responsible for implementing and maintaining their safety programs, ensuring their programs meet all applicable legal and regulatory requirements for their specific operations, worksites, and jurisdictions, and ensuring the accuracy of information they provide. No service provided by Effective Safety, LLC — whether through the Platform or through consulting engagements — transfers the employer's legal responsibility for workplace safety to Effective Safety, LLC.

Content Disclaimer

Safety content, training materials, procedures, recommendations, checklists, inspection forms, and all other materials provided through the Platform are for general informational and organizational purposes only. They are not tailored to any specific worksite, operation, hazard, or jurisdiction. Companies are solely responsible for evaluating whether Platform content is appropriate for their specific operations and for supplementing it with site-specific safety measures as required.

Accuracy of Records

The Platform generates records and reports based on data entered by your company's users. We do not independently verify the accuracy or completeness of data entered by users. The accuracy of training records, inspection reports, and other documentation depends on the information provided by your team.

Platform Availability

We strive to maintain the Platform's availability at all times but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of scheduled maintenance.

Support

Platform support is available via email at support@effectivesafety.com. We aim to respond to support requests within one business day. Support includes assistance with account issues, technical problems, and general questions about using the Platform.

Updates

We may update, modify, or improve the Platform at any time. Updates are deployed automatically and do not require action on your part. We will notify you of material changes that affect how you use the Platform.

Our Trademarks

"Effective Safety," "Put Safety to Work," "American Made. Construction Grade.," "Safety Operating System," "Effective Toolbox Training," the Effective Safety logo, and the hardhat icon are trademarks of Effective Safety, LLC. You may not use our trademarks without our written permission.

Feedback

If you provide us with feedback, suggestions, or ideas about the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Platform without any obligation to you.

Users, companies, and clients acknowledge that construction work is inherently dangerous. Whether using the Platform, receiving consulting services, or both, the following applies:

EFFECTIVE SAFETY, LLC SHALL NOT BE HELD LIABLE FOR ANY DEATH, BODILY INJURY, ILLNESS, DISABILITY, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, REGULATORY ACTION, OR ANY OTHER LOSS, HARM, OR ADVERSE OUTCOME ARISING FROM OR RELATED TO:

• The use or inability to use the Platform;
• Reliance on any content, training materials, procedures, checklists, forms, recommendations, assessments, or advice provided through the Platform or through consulting services;
• Any workplace incident, accident, injury, illness, or fatality, regardless of whether the Platform was in use or consulting services were being provided at the time;
• Any failure of a company or its employees to properly implement safety measures, whether recommended by Effective Safety, LLC or otherwise;
• Any inaccuracy, incompleteness, or error in data or information provided by users or clients;
• Any delay, interruption, or unavailability of the Platform;
• Any gap between recommendations provided and actual site conditions, hazards, or regulatory requirements not disclosed to Effective Safety, LLC.

Neither the Platform nor consulting services can guarantee workplace safety, prevent accidents, eliminate hazards, or ensure the health or safety of any individual. No information, recommendation, or service provided by Effective Safety, LLC constitutes engineering advice, medical advice, or legal advice unless explicitly stated in a separate written agreement. Use of the Platform or engagement of consulting services does not transfer any responsibility for workplace safety from the employer to Effective Safety, LLC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL EFFECTIVE SAFETY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You and your company agree to indemnify, defend, and hold harmless Effective Safety, LLC, its officers, directors, employees, agents, consultants, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your use of the Platform; your company's failure to maintain a safe workplace; any workplace incident, injury, illness, or fatality occurring at your worksites; the accuracy or completeness of data or information provided to Effective Safety, LLC by you, your employees, or your agents; your violation of any applicable law, regulation, or OSHA standard; any third-party claim related to your company's safety program or operations; or your failure to implement recommendations provided through the Platform or consulting services.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.

Informal Resolution

Before filing any formal legal action, you agree to contact us at legal@effectivesafety.com and attempt to resolve the dispute informally for at least 30 days.

Jurisdiction

If informal resolution is unsuccessful, any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Ingham County, Michigan. You consent to the personal jurisdiction of these courts.

We may update these Terms from time to time. When we make material changes, we will notify you by updating the "Last Updated" date at the top and, where appropriate, providing additional notice through the Platform or via email. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

By You

You may stop using the Platform at any time. Admins may cancel their subscription as described in Section 4.

By Us

We may suspend or terminate your access to the Platform if you violate these Terms, if your company's subscription expires or is cancelled, or if we reasonably believe your account has been compromised. We will provide notice of termination when practicable.

Effect of Termination

Upon termination, your right to access the Platform ceases. Sections of these Terms that by their nature should survive termination (including Data Ownership, Limitation of Liability, Indemnification, and Dispute Resolution) will continue to apply.

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Effective Safety, LLC regarding the Platform.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
• Force majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet service disruptions, or power outages.
• Notices: We may send notices to you via the email address associated with your account. You may send notices to us at legal@effectivesafety.com.

If you download the Effective Safety application from the Apple App Store or Google Play Store, the following additional terms apply:

Apple App Store

• These Terms are between you and Effective Safety, LLC, not Apple. Effective Safety, LLC, not Apple, is solely responsible for the Platform and its content.
• Apple has no obligation to provide maintenance or support for the Platform.
• In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. Apple has no other warranty obligation with respect to the Platform.
• Effective Safety, LLC, not Apple, is responsible for addressing any claims relating to the Platform, including product liability claims, claims that the Platform fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Platform infringes that third party's intellectual property rights, Effective Safety, LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Google Play

• These Terms are between you and Effective Safety, LLC, not Google. Effective Safety, LLC is solely responsible for the Platform and its content.
• Google has no obligation to provide maintenance or support for the Platform.

If you have questions about these Terms, contact us at: