Terms of Service

1. Definitions

• Customer means the organization that receives access to the Service.
• Authorized User means an individual permitted by Customer or by us to access the Service.
• Customer Content means information submitted to or generated through the Service by Customer or its Authorized Users, including questions, workplace facts, guided workflow responses, report metadata, answer snapshots, and exported research memo inputs.
• Order Form means a written order, subscription confirmation, plan description, or other agreement that references the Service.

2. The Service

OSHA Guidance is a software service that helps customers research OSHA training requirements. The Service may allow users to ask free-text or guided questions, retrieve curated or indexed source material, generate research summaries with citations, review source coverage indicators, save answer history, access a customer-facing source library, and export PDF research memos.

No legal advice or compliance determination. The Service provides compliance research support for informational and educational purposes only. It does not provide legal advice, does not create an attorney-client relationship, and does not determine whether a customer's workplace, training program, policies, or records satisfy OSHA, State Plan, state-law, insurance, accreditation, contractual, or internal compliance requirements.

Customer responsibility. Customer is responsible for reviewing all outputs, confirming current legal requirements, evaluating State Plan and local requirements, applying site-specific facts, consulting qualified legal or safety professionals where appropriate, and maintaining its own records.

The Service is intended for business use by customers located in the United States and is not intended for consumer use or for individuals under 18 years of age.

3. Accounts and Authorized Users

Customer accounts may be provisioned by us or by authorized administrators. Each Authorized User must use individual credentials, keep credentials confidential, and promptly report suspected unauthorized access. Credential sharing is prohibited.

Customer is responsible for the acts and omissions of its Authorized Users, for ensuring that users have authority to submit Customer Content, and for removing access when users no longer need the Service.

4. Customer Content and Data Processing

As between Customer and us, Customer retains all rights in Customer Content. Customer grants us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use Customer Content solely to provide, maintain, secure, support, improve, and enforce the Service, comply with law, and prevent or address technical or security issues.

Customer represents that it has all rights, permissions, consents, and lawful bases needed to submit Customer Content to the Service and to allow us and our service providers to process it as described in these Terms and our Privacy Policy.

Customer must not submit highly sensitive personal information, protected health information under HIPAA, financial account numbers, government identification numbers, medical details, or other sensitive information unless we have expressly agreed to that use in writing.

We do not sell Customer Content, share Customer Content for cross-context behavioral advertising, use Customer Content for advertising, or use Customer Content to train artificial intelligence models controlled by Clever Solutions for use outside the Service.

5. Acceptable Use

You agree not to, and not to permit any Authorized User or other person to:

• use the Service in violation of law, regulation, these Terms, or third-party rights;
• submit content that is infringing, unlawful, defamatory, harmful, discriminatory, or contains malware;
• attempt to access another customer's data or bypass authentication, authorization, or tenant-isolation controls;
• interfere with the integrity, availability, or performance of the Service;
• run unauthorized scraping, load testing, penetration testing, denial-of-service activity, or automated extraction;
• reverse engineer or attempt to derive source code except to the extent the restriction is prohibited by law;
• misrepresent any Service output as a legal opinion, OSHA determination, certification, or government approval;
• use Service outputs to create deceptive, incomplete, or unsupported compliance records; or
• resell, sublicense, or make the Service available to third parties except as expressly authorized.

We may investigate suspected violations and may suspend or terminate access where we reasonably believe there is a security, legal, operational, or misuse risk.

6. Research Outputs, Citations, and PDF Memos

OSHA Guidance answers are generated from retrieved or curated sources and may include citations, excerpts, source coverage indicators, confidence labels, caveats, and review recommendations. Source retrieval, indexing, public-source availability, and AI-assisted summarization can be incomplete or imperfect.

Federal OSHA standards, OSHA guidance, OSHA interpretations, eCFR material, State Plan rules, and related legal requirements may change. State Plan jurisdictions may impose requirements that differ from federal OSHA or that require state-specific review. Customer is responsible for confirming that cited sources are current and applicable to its specific facts.

PDF research memos are informational records of the answer content and report metadata supplied at export time. They are not legal opinions, agency determinations, certifications, or guarantees of compliance. Customer is responsible for exporting, storing, reviewing, and updating any records it needs for its own obligations.

7. Fees and Payment

Access to the Service may be provided under an Order Form, subscription, trial, beta, or other written arrangement. Unless otherwise agreed in writing, fees are payable in advance, non-refundable, exclusive of taxes, and may be suspended for non-payment after notice. If the Service is provided without charge, we may modify or end that access at any time.

8. Service Providers and Sub-processors

We use third-party providers to operate the Service, including providers for authentication, database services, hosting, email delivery, AI-assisted processing, logging, security, and support. Current providers include services such as Supabase, Vercel, OpenAI or other model providers when enabled, and Mailgun.

We will impose appropriate confidentiality, security, and processing obligations on providers that process Customer Content on our behalf. A current sub-processor list is available on request.

9. Intellectual Property and Feedback

The Service, including its software, design, user interface, source-library structure, workflows, documentation, trademarks, and other materials, is owned by us or our licensors and is protected by intellectual-property laws. Except for the rights expressly granted in these Terms, no rights in the Service are transferred to you.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and exploit that feedback without restriction or attribution.

10. Confidentiality

"Confidential Information" means non-public business, technical, product, pricing, or Customer Content information disclosed by one party to the other in connection with the Service that is identified as confidential or that a reasonable person would understand to be confidential.

Each party will protect the other party's Confidential Information using reasonable care, use it only to perform under these Terms, and limit access to personnel, contractors, advisors, and service providers who need to know it and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is public through no fault of the recipient, already known without restriction, independently developed without use of the Confidential Information, or lawfully received from a third party without restriction.

11. Changes to the Service; Beta Features

We may add, modify, or discontinue Service features from time to time. We will use commercially reasonable efforts to avoid material degradation of core functionality during an active subscription term. Beta, preview, trial, or early-access features are provided as-is, may be changed or removed without notice, and may be subject to additional limitations.

12. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT, COMPLETE, OR THAT ANY ANSWER, CITATION, PDF MEMO, SOURCE COVERAGE INDICATOR, OR OTHER OUTPUT WILL SATISFY ANY LEGAL, REGULATORY, INSURANCE, EMPLOYMENT, CONTRACTUAL, OR INTERNAL COMPLIANCE REQUIREMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, WORKPLACE INJURY, REGULATORY FINE, OR THIRD-PARTY RELIANCE ON SERVICE OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100) IF THE SERVICE WAS PROVIDED WITHOUT CHARGE.

The limitations above do not apply to Customer's payment obligations, either party's indemnification obligations, either party's breach of confidentiality, Customer's violation of acceptable use or intellectual-property restrictions, or liability that cannot be limited under applicable law.

14. Indemnification

Customer will defend, indemnify, and hold harmless Clever Solutions, Inc., its affiliates, and its personnel from and against any third-party claim, damage, liability, fine, penalty, or cost, including reasonable attorneys' fees, arising from or related to Customer Content, Customer's use or misuse of the Service, Customer's breach of these Terms, Customer's workplace safety obligations, or Customer's relationship with its employees, contractors, or other data subjects.

As a condition of indemnification, we will promptly notify Customer of the claim, give Customer reasonable control of the defense and settlement, and reasonably cooperate at Customer's expense. Customer may not settle a claim in a way that imposes a non-monetary obligation on us, requires us to admit fault, or fails to fully release us without our prior written consent.

15. Term, Suspension, and Termination

These Terms remain in effect while Customer or its Authorized Users access the Service or while an Order Form remains active. Either party may terminate for material breach that is not cured within thirty (30) days after written notice, unless a shorter cure period is required because of security, legal, or operational risk.

We may suspend access immediately if we reasonably believe continued access creates a security, legal, operational, non-payment, or misuse risk. On termination, Customer access ends. Customer is responsible for exporting any needed records before termination or during any wind-down period we make available.

Sections that by their nature should survive termination will survive, including Sections 1, 2, 4, 5, 6, 7 for amounts owed, 9, 10, 12, 13, 14, 15, 16, 17, and 18.

16. Governing Law; Arbitration; Class-Action Waiver

These Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-laws principles. Before initiating arbitration, the parties will attempt in good faith to resolve any dispute by sending written notice to the other party and engaging in at least thirty (30) days of good-faith negotiations.

Any dispute arising out of or relating to these Terms or the Service that is not resolved through informal resolution will be resolved by binding arbitration administered by JAMS under its applicable rules. The arbitration will be conducted by a single arbitrator in San Diego County, California, in English. Judgment on the award may be entered in any court of competent jurisdiction.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not consolidate more than one party's claims or preside over any representative or class proceeding.

Either party may bring an individual action in small-claims court for qualifying claims or seek injunctive or equitable relief in a court located in San Diego County, California to protect intellectual property, confidentiality, or Service security. Customer may opt out of arbitration by sending written notice to legal@safetyvideos.com within thirty (30) days after first accepting these Terms.

17. Changes to These Terms

We may update these Terms from time to time. Material changes that materially reduce Customer's rights or materially increase Customer's obligations will take effect at least thirty (30) days after we provide notice through the Service, by email to customer administrators, or by another commercially reasonable method. Other changes take effect when posted. Continued use of the Service after the effective date constitutes acceptance.

18. Miscellaneous

These Terms, together with any Order Form and the Privacy Policy, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If there is a conflict, the order of precedence is the applicable Order Form, these Terms, and then the Privacy Policy.

Notices to Customer may be given by email to an administrator email on file or through the Service. Notices to us must be sent to legal@safetyvideos.com with a copy to Clever Solutions, Inc., P.O. Box 2591, La Mesa, CA 91943, United States.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. Neither party may assign these Terms without the other party's consent except to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all assets. If a provision is held invalid or unenforceable, the remaining provisions remain in effect.

Customer represents that neither it nor its Authorized Users are on a U.S. denied- or restricted-parties list and that it will not use the Service in violation of U.S. export control laws or economic sanctions.

19. Contact

Questions about these Terms can be directed to: