SafetyCulture – Spotlight App Terms and Conditions of Use

We realize Terms and Conditions of Use can be confusing so, below each term, we have provided a summary in “plain English”. The summary does not in any way aim to replace the full text so please ensure you read the full text as well.

1. Your Acceptance

Thank you for choosing to use Spotlight, which allows you to record and report workplace incidents (Service).

This agreement (Agreement) is between SafetyCulture Pty Ltd ABN 16 089 180 049 (SafetyCulture, “us,” “we,” or “our”) and the person or entity agreeing to these terms (you).  If you are agreeing to this Agreement not as an individual but on behalf of your company, then “you” means your company, and you are binding your company to this Agreement. 

By using or accessing the Service or clicking on the “I agree” button that is presented to you in the Service, you agree to these terms and conditions of use (Terms).

If you do not agree with these Terms, do not click the “I agree” button, stop using and uninstall the Service immediately.

Plain English Summary

By using or accessing our Service, you agree to the terms below; if you don’t agree, don’t use the Service.

2. Scope

These Terms govern your use of the Services as well as any technology you download from us that references these Terms. These Terms include the Privacy Policy, Acceptable Use Policy,Site Terms and Conditions, any Orders and any other references to SafetyCulture policies and attachments posted at safetyculture.com, safetycuture.com.au and/or safetyculture.io (Site) from time to time as though those policies were included in these Terms.  If any of the provisions of any applicable SafetyCulture policy conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Service.

If you also use any of our other services, the separate terms and conditions that apply to those services will apply to you in addition to these Terms which will continue to apply to your use of the Service.

Plain English Summary

By accepting these terms, you also agree to the Privacy and Acceptable Use Policies and our website terms and conditions.

3. No Charge Services

We may offer certain Services to you at no charge, including free accounts, trial use, and access to pre-release and beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted for the period designated by us. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any support and maintenance, warranty, and indemnity obligations.

4. Subscription Service

Subject to these Terms, SafetyCulture shall make the Service available to you (End User) on a compatible computer, mobile telephone or handheld device (Device) owned or controlled by you, solely for your internal business operations.

All End Users must establish a named account using the Service (End User Account).

The Terms of this Agreement shall also apply to any updates and upgrades subsequently provided by SafetyCulture to you for the Service. SafetyCulture shall host the Service and may update the functionality, user interface, usability and other user documentation, training and educational information of, and relating to the Service from time to time in its sole discretion and in accordance with this Agreement as part of its ongoing mission to improve the Service and customers’ use of the Service.

Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third person to): (i) rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Service to a third party; (iii) reproduce, modify, adapt, create derivative works of, the Service; (iv) reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or otherwise seek to obtain or derive the source code or API; (iv) remove or tamper with any disclaimers or other legal notices; (v) combine the whole or any part of the Service with any other software, data or material; (vi) store or use any part of the data you do not own in an archival database or other searchable database. You must promptly notify us in writing of any breach of these conditions of use.

Plain English Summary

We make the Service available to you but please do not use the Service in violation of these terms.

5. Intellectual Property Rights

You agree that all intellectual property of any sort in or associated with the Service, including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned either directly by us or by our licensors.  You are not authorised to use any of our intellectual property except as is expressly allowed under these Terms.

Subject to these Terms you may modify a template, training course or incident workflow in the Service for the purposes of developing customizations and additional features of a template, training course or incident workflow. . Any such modifications constitute “Your Modifications”. You may use Your Modifications solely with respect to your own instances in support of your permitted use of the Service but you may not distribute Your Modifications to any third party. Notwithstanding anything in these Terms to the contrary, SafetyCulture has no support, warranty, indemnification or other obligation or liability with respect to Your Modifications or their combination, interaction or use with our Services. You must indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against us by a third party relating to Your Modifications (including but not limited to any representations or warranties you make about Your Modifications or the Service) or your breach of this Section. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence, or settlement of such claim; and (iii) all reasonably necessary cooperation of SafetyCulture at your expense.

We may use your company name(s) and logo(s) on our Site, in case studies and other promotional materials.

Plain English Summary

We own the Service. You can make modifications to a template but we’re not promising anything related to suitability, performance, support or maintenance for your modifications. You protect us against any third party claims arising from any modifications you make.

6. Data Protection

This Section shall only apply if and to the extent that the EU General Data Protection Regulation 2016/679 (“GDPR“) applies to any of the data with which you use the Service and/or No Charge Services. If this Section applies, the provisions of Appendix 1 (Data Protection Compliance) and Appendix 2 (Data Processing Agreement) shall apply.

7. Account Registration

Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your End User Account. You are responsible for all actions taken through your End User Account.

Plain English Summary

When you create an account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account.

8. Billing and Payment

Pricing for the Service can be found on the Spotlight homepage on the Site. We reserve the right to amend or withdraw the Service, or charge for the Service provided to you in accordance with these Terms, at any time and for any reason. We may also implement an in-app advertising model at any time in the future.

You acknowledge that the terms of agreement with your respective mobile network or internet provider (Network Provider) will continue to apply when using the Service. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Service or any such third party charges as they may arise. You accept responsibility for any such charges that arise.

Plain English Summary

The Service pricing can be found on the Spotlight homepage.

Your network provider may also separately charge you for access to their network while accessing the Service. You accept responsibility for any such charges that arise.

9. Your Obligations

You must use the Services in accordance with the Acceptable Use Policy and Site Terms and Conditions and any other SafetyCulture policies posted on the Site.

You are responsible for responding to a request from a third party for records relating to your use of the Services (Third Party Requests). Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure.  We will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify you of the receipt of a Third Party Request; (b) comply with your reasonable requests regarding its efforts to oppose a Third Party Request; and (c) provide you with the information or tools required for you to respond to the Third Party Request. You will first seek to obtain the information required to respond to the Third Party Request on its own, and will contact us only if you cannot reasonably obtain such information.

Plain English Summary

You are responsible for any activity that occurs on your account.

You are responsible for responding to a request from a third party for records relating to your use of the services. We will help if we can if you cannot reasonably obtain such information yourself.

10. Availability

We will use reasonable efforts to make the Service available. However you acknowledge the Service is provided over the internet and mobile networks and may be affected by factors outside our reasonable control and may not always be available. We do not accept any responsibility for any unavailability of the Service, or any difficulty or inability to download or access content or any other communication system failure which may result in the Service being unavailable. We will not be responsible for any support or maintenance for the Service.

Plain English Summary

We will try to make the Service available to you, however, things happen, so the Service may not always be available.

11. Security

By using the Service, you acknowledge that it is your sole responsibility to ensure the confidentiality and security of any information transmitted from or stored on a Device for the purposes of the Service, for all transactions and other activities in the End User’s name, whether authorized or unauthorized.  You understand that use of the Service involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks.  We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

Plain English Summary

We care about the integrity and security of your information, however, we cannot guarantee that our security procedures will be error-free or that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you use the service at your own risk.

12. Sharing Content

When you use the Service, any data, templates, information, content, code, video, images or other materials of any type (Materials) you enter remains confidential to you unless you choose to share any Materials with SafetyCulture and/or other users.

When you choose to publicly share content, including Materials that you upload, submit or otherwise transmit to or through Service or the Site, or with us, including in the SafetyCulture Public Library:

  • you warrant that the Materials have not been misappropriated from or breach the intellectual property rights of any other person and that you have the rights to use and provide the Materials and to grant the licenses contained in this Section;
  • you grant to SafetyCulture and/or other users of our technologies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, license to use, publish, exercise the copyright and other intellectual property rights you have in the Materials You agree that this license includes the right for us to provide, promote, and improve the Service and to make Materials submitted to or through the Service or the Site available to other companies, organizations or individuals who use the Service, with no compensation paid to you;
  • you agree to allow us to store or re-format the Materials and display the Materials on the Site and in other materials in any way as we choose. We will only use personal information in accordance with our Privacy Policy;
  • you are responsible for ensuring that the Materials and their use, meaning, effect and placement is not:
    • unlawful, obscene, harmful, of bad taste, inappropriate and otherwise comply with the Acceptable Use Policy;
    • false, misleading or inaccurate, or otherwise in contravention of the Competition and Consumer Act (Cth) 2010;
    • in breach of any applicable law;
    • confidential or infringes upon any third-party’s intellectual property rights;
    • defamatory or offensive;
    • in breach of these Terms; or
    • infected with viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Service; and

you indemnify SafetyCulture and/or other users against any and all legal fees, damages and other expenses that may be incurred by us and/or other users as a result of a breach by you of the above Terms.  Without limiting any other remedies available, SafetyCulture has the unfettered right to remove, delete or modify any Materials that it considers to be inappropriate, at its absolute discretion, without consultation with you.

Plain English Summary

We welcome you to upload content to us, but we don’t allow anything that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property right violations.

 If you choose to publicly share content you grant to us and/or other users a licence to use that content.  You promise that you have all necessary permissions and rights to submit the content you provide to us, and that your content won’t infringe anyone’s rights or violate any laws. You promise that your information is truthful. We’re not responsible for your content in any way.

You indemnify us and/or other users against any and all claims that may be incurred by us and/or other users as a result of a breach by you of the these terms.

 If we think you’re violating this Agreement, we have the right to remove, delete or modify any materials that we consider to be inappropriate.

13. Downloading Materials

When downloading Materials, you are doing so at your own risk and understand that you are downloading content that has been developed by a third party, has not been validated in any way and is not specific to your requirements and should be not be relied upon in any way.  It is your responsibility to modify any Materials to suit your own specific requirements. Professional advice from a qualified person should be obtained in order to make the Materials specific for your intended use.

Plain English Summary

When you download material from our site you do so at your own risk.

14. Privacy Policy

Any information you supply to us when using the Service will be collected and used by us in accordance with our Privacy Policy (on the Site). We will present our Privacy Policy to you and to others who may download Materials.To the extent that we are presenting the Privacy Policy in accordance with the EU General Data Protection Regulation 2016/679 (“GDPR“), we will do so as set out in Appendix 1 (Data Protection Compliance).

Plain English Summary

Your privacy is important to us and we only use your information in accordance with our Privacy Policy.

15. Disclaimer, Limitation on Liability and Indemnity

Except as expressly stated in this Agreement, we do not make any representation or warranty (express or implied) in respect of the Services, any Materials or any other goods or services provided by SafetyCulture to you, including, without limitation, any implied warranty: (i) of merchantability; (ii) of fitness for a particular purpose; (iii) arising from a course of performance, course of dealing, or usage of trade; (iv) of non-infringement of third party rights; or (v) against hidden defects. The Service any Materials are provided on an “as is”, “with all faults” and “as available” basis and without any further warranties of any kind. We make no warranty that operation of the Service or any Materials will be uninterrupted or error free or that all defects will be corrected. 

Without limiting the above, you acknowledge that:

  • you are using the Service at your own risk;
  • the Service is not a substitute for professional advice;
  • you are solely responsible for the use of the Service and agree that any safety audits, training courses or incidents conducted using the Service are only part of establishing a safe system of work, which would typically require you to undertake additional and comprehensive gap analysis and risk assessments along with specific safe work method statements and safety training; and
  • you have not relied on any representation in ordering the Service or any goods and services from us.

To the maximum extent permitted by law, we exclude completely all liability whatsoever for any claims, liability, loss or damage of any kind however caused (including negligence) arising out of or in connection with any goods or services provided by us including the Service and its access, use or performance, including, without limitation, we are not liable for: (a) misuse of the Service or any Materials; (b) use of the Service or any Materials with third party data, software or hardware which is incompatible with the Service and/or not recommended by us; (c) reduced performance or non-availability of the Service or any Materials as a result of network connections; or (d) errors in the Service or any Materials resulting from your configuration or manipulation of the Service or any Materials, in each case not specifically recommended in writing by us.

Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, the Service or any Materials.

To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.

Notwithstanding the above, to the maximum extent permitted by law, in no event shall our aggregate liability for any claims arising out of or related to these Terms exceed the greater of one hundred Australian dollars ($100) or the amount that you paid, if any, to us for access to or use of the Service during the six months period immediately prior to the event giving rise to such liability.

You agree to indemnify SafetyCulture and its related parties, officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to: (i) your use of the Service or any Materials; (ii) a breach of these Terms by you; and (iii) your breach of any applicable law.

Plain English Summary

You use the service as-is and at your own risk. We don’t provide any warranties with respect to the service. We do not accept any liability in connection with your use of the service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us during the six months period immediately prior to the event giving rise to such liability.

 You indemnify us in respect of any claims arising from your use of the service or from your breach of these terms or any applicable law.

16. Termination and Suspension

Access to the Service will become effective upon your use and/or installation of the Service and will continue in effect until terminated in accordance with these Terms.

We may at any time (without prejudice to our other rights or remedies) immediately terminate, suspend, discontinue, enhance, update or otherwise modify the Service, or its availability to you, at any time without notice.

Upon any termination, (a) the rights to the use the Service granted to you terminate; (b) you must immediately cease use of the Service and any third party Materials; and (c) you must delete all copies of the Service and any third party Materials and undertake not to attempt to access the Service or any data stored in the Service or any third party Materials after the date of termination.

Plain English Summary

These terms will continue in effect until you stop using the Service or we can terminate or suspend your use of the Service at anytime.

Upon termination you must immediately stop using the Service.

17. Survival

The following provisions will survive any termination or expiration of this Agreement: Sections 5 (Intellectual Property Rights), 12 (Sharing Content), 14 (Privacy Policy), 15 (Disclaimer, limitation on liability and indemnity), 16 (Termination and suspension), 19 (General) and any other Sections which by intent or meaning have validity beyond termination or expiration of this Agreement.

Plain English Summary

Some terms continue to apply even when the agreement ends.

18. Amendments

We can vary these Terms from time to time, including any referenced policies and other documents, by either notifying you in writing or posting revisions on the Site. Please check the Site periodically for any such changes. Your continued use of the Service following such notification confirms your acceptance of the revised Terms.

Plain English Summary

We may change the terms at any time and it is your responsibility to check for changes and continued use of the Service means you agree with the changes.

19. General

These Terms are governed by the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give greatest effect to the original intention of these Terms.

The waiver of any right or failure of either of us to exercise in any respect any right provided in these Terms in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under these Terms.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control (Force Majeure).

Your use of any website or software that is not provided by us to access or download the Service shall be governed by the terms and conditions applicable to that website or software. We are not responsible for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including your Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Service.

Any notices to you may either be posted on the Site or given in writing (which may be by email) to the address last notified by you to SafetyCulture. Any notices to SafetyCulture, and any questions, concerns or complaints relating to the Service shall be in writing and addressed to: Enquiry Officer, SafetyCulture Pty Ltd, PO Box 7175, Garbutt QLD 4814 Australia or given by email to: [email protected]

You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.

This Agreement, and any access granted hereunder, must not be transferred or assigned by you without our prior express written consent.  We may, without restriction, assign this Agreement and our rights and delegate our obligations hereunder to: (i) any of our affiliates or subsidiaries, or (ii) a third party participating in a merger, acquisition, sale of shares or assets, change of control, corporate reorganization or similar transaction in which SafetyCulture is participating.

In respect of the subject matter of the Terms, these Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.

Plain English Summary

This section contains terms regarding what law applies to the Agreement, what process needs to be followed if a dispute arises between us, the ability to transfer rights under this Agreement, notification procedures and the interpretation of these terms.

 

Appendix 1 (Data Protection Compliance)

In this Appendix and in Appendix 2 (Data Processing Agreement):

Data Protection Laws means the EU Data Protection Laws and the laws of other states and territories that create and regulate substantially similar concepts and legal principles as are contained in the EU Data Protection Laws in relation to the processing of personal data and sensitive personal data.

EU Data Protection Laws means, up to and including 24 May 2018, any legislation in force from time to time which implements the EU Directive 95/46/EC and relevant national implementations of the same and, with effect on and from 25 May 2018, means the GDPR and any relevant national implementations of the same;

personal data, sensitive personal data, consent, controller, processor, data subject and processing mean those concepts, roles and activities as defined in the applicable EU Data Protection Laws and on and from 25 May 2018 sensitive personal data means those classes of personal data that are described in Article 9 of the European General Data Protection Regulation 2016/679) or, where relevant, equivalent concepts, roles and activities as described in other Data Protection Laws.

We are the controller in respect of personal data and sensitive personal data, such as account registration details, that we collect directly from users of the Services (End Users) and users of No-Charge Services, and which we use for the purposes of our business.

You are the controller and we are the processor in respect of any other personal data and sensitive personal data (including within Your Modifications) that is uploaded by End Users and/or users of No-Charge Services including data, templates, information, content, code, video, images or other material of any type (Materials), or which is provided by your administrators (see Section 10 above).

On and from 25 May 2018, to the extent that the Services and/or Non-Charge Services comprise the processing of personal data or sensitive personal data where we are the processor and you are the controller and the processing of personal data or sensitive personal data is subject to the GDPR:

  • you will comply with the requirements of the GDPR as the same apply to you as controller of the personal data or sensitive personal data; and
  • the provisions of Appendix 2 (Data Processing Agreement) to these Terms shall apply

We will present our Privacy Policy to you and to others who may download Materials where we are a controller.  To the extent that we do not have direct contact with End Users or the relevant data subjects, for example, where personal data or sensitive personal data is uploaded relating to your employees or customers, and where we are a processor and not a controller, it is your responsibility to ensure that in accordance with Article 13 of the GDPR:

  • There is a lawful basis for the collection and processing of personal data and/or sensitive personal data; and
  • You present our Privacy Policy to those End Users and other data subjects, as required

Appendix 2 (Data Processing Agreement)

The provisions of this Appendix (Data Processing Agreement) form part of the Agreement to the extent that Section 6 of the Agreement applies.

SafetyCulture shall:

  1. process personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by European Union or the national law of an EU member state to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
  2. ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  3. implement appropriate organisational and technical measures as required pursuant to Article 32 (security of processing) of the EU General Data Protection Regulation 2016/679. The measures that we consider appropriate are more fully described in SafetyCulture’s Architecture and Security document (a copy of which is available on request). This document outlines:
    • our architecture and infrastructure through which Services and No-Charge Services are provided;
    • security controls employed by us and our service providers in protecting personal and/or sensitive personal data; and
    • security controls employed by our support channels which handle personal data or sensitive personal data.
  4. respect the conditions for engaging another processor referred to in paragraphs 2 and 4 of Article 28 (processor) of the EU General Data Protection Regulation 2016/679;
  5. taking into account the nature of the processing, assist the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the EU General Data Protection Regulation 2016/679;
  6. assist the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the EU General Data Protection Regulation 2016/679 taking into account the nature of the processing and the information available to the processor;
  7. at the choice of the controller, delete or return all the personal data to the controller after the end of the provision of services relating to processing, and delete existing copies unless EU law or the national law of an EU member state or another applicable law, including any Australian state or Commonwealth law to which the processor is subject requires storage of the personal data;
  8. make available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 (processor) of the EU General Data Protection Regulation 2016/679 and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller (in each case at the controller’s cost).