Terms of Service

By accessing or using the Platform, you agree to be bound by these Terms, both individually and on behalf of the employer or contracting organization you represent ("your Organization"). If you do not agree, do not use the Platform.

The Platform is a digital record-keeping, workflow, and documentation tool. It is not a safety system, engineering control, or a substitute for qualified professional judgment, field verification, or site-specific hazard assessment. It records and cross-references the information you enter — it does not approve work, authorize anyone to work, or certify a site as safe. You must independently verify field conditions, hazards, measurements, and regulatory requirements regardless of anything shown in the Platform.

Access is by invitation and intended for qualified workers and authorized representatives. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. You represent that you have the training and qualifications required to enter safety-critical information in your jurisdiction.

You are solely responsible for the accuracy, completeness, and timeliness of all data you or your Organization's users enter, upload, or submit. You warrant that data reflects actual field conditions at the time of entry, and you agree to promptly correct and report any errors you discover. Further detail is set out in the Data Accuracy, Liability & Hold-Harmless Agreement accepted at sign-up.

You agree not to misuse the Platform, including by: entering knowingly false or falsified records; accessing data without authorization; interfering with security or availability; attempting to defeat, alter, or delete the audit trail; reverse engineering, decompiling, disassembling, or attempting to derive the source code or underlying structure of the Platform; copying, reproducing, modifying, translating, or creating derivative works of the Platform or any part of it, including its screens, workflows, forms, document and report layouts, hazard and control libraries, and rule logic; framing or mirroring any part of the Platform; scraping, harvesting, or extracting data by automated means except through functionality expressly provided; using the Platform to build or benchmark a competing product or service; renting, reselling, sublicensing, or otherwise making the Platform available to any third party; removing or altering any proprietary notice; or using the Platform in violation of applicable law. Access may be suspended or terminated for conduct that threatens safety, security, or the integrity of records.

Certain features let you record spoken field conversations (for example Field Talk, Energy Wheel group discussions, and Site Assessments) and produce transcripts and AI-generated summaries from them. These recordings capture the voices — and therefore the personal information — of everyone present. You are solely responsible for informing every person who may be captured that they are being recorded, for having their agreement before you record, and for using each recording only for legitimate workplace-safety purposes. You must not use these features to record covertly, to capture conversations you are not a part of, or in any manner that violates the Criminal Code, PIPEDA, provincial privacy legislation, or any other applicable law or your Organization's policies. Recorded audio is retained for a limited period and then automatically deleted, while the transcript and summary are kept as part of the safety record; see the Privacy Policy for details.

Some features generate, extract, or summarize content using artificial intelligence. Such output is advisory, provided "as is" for informational purposes, may contain errors or omissions, and does not constitute professional, legal, engineering, or safety advice. You are responsible for reviewing and validating AI-assisted output before relying on it.

Ownership. The Platform and everything in it provided by Nomaxion, including its software and source code, databases and data structures, rule and decision logic, hazard, control, and prerequisite libraries, forms, document and report templates, workflows, screen designs, look and feel, text, graphics, and the Nomaxion name and logo, are owned by Nomaxion and its licensors and are protected by copyright, trade-secret, trademark, and other intellectual-property laws of Canada and other countries. Nomaxion reserves all rights not expressly granted to you in these Terms.

Your licence. Nomaxion grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Platform only as offered, for your Organization's internal operations, while your account is in good standing. You receive no ownership interest of any kind. This licence ends automatically if you breach these Terms or your access ends.

Confidential information. The non-public parts of the Platform, including how it works, its logic, and anything you learn about it that is not publicly available, are Nomaxion's confidential information and trade secrets. You must not disclose them or use them for any purpose other than using the Platform as permitted by these Terms.

Feedback. If you give Nomaxion suggestions, ideas, or feedback about the Platform, Nomaxion may use them without restriction or compensation to you, and any resulting improvements belong to Nomaxion.

Your data. Data your Organization enters remains your Organization's. Records and documents generated from that data, including downloads, may be used by your Organization for its own purposes, but the templates, layouts, and logic used to produce them remain Nomaxion's. You grant Nomaxion the rights needed to host, process, and secure your data to provide the Platform.

Enforcement. Unauthorized copying, use, or disclosure of the Platform would cause Nomaxion irreparable harm. Nomaxion is entitled to seek injunctive or other equitable relief to stop it, in addition to any other remedy available at law, and may immediately suspend or terminate the access of anyone involved.

The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability. We do not warrant that the Platform will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, the aggregate liability of Nomaxion and its affiliates for all claims arising out of or related to the Platform will not exceed the total fees paid to Nomaxion for the Platform in the twelve (12) months preceding the event giving rise to the claim. Nomaxion will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

You agree to hold harmless, defend, and indemnify Nomaxion and its affiliates as set out in the Data Accuracy, Liability & Hold-Harmless Agreement accepted at sign-up, including for claims arising from data you enter, reliance on Platform outputs without independent verification, or failure to comply with applicable laws and standards.

We may suspend or terminate access for breach of these Terms or where necessary to protect safety, security, or record integrity. Provisions that by their nature should survive — including data responsibility, intellectual property and confidentiality, disclaimers, limitation of liability, and indemnification — survive termination.

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction over any dispute, subject to any mandatory rights you may have under applicable law.

We may modify these Terms from time to time. Material changes will be communicated through the Platform or by email. Continued use after changes take effect constitutes acceptance of the updated Terms.

Nomaxion is not liable for any delay, failure, interruption, or unavailability of the Platform to the extent caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, governmental action, power or telecommunications failure, internet or network outages, third-party service or hosting failures, cyberattacks, or equipment failure. Such events do not relieve you of your independent obligations to verify field conditions and comply with applicable law.

You may not assign, transfer, or sublicense these Terms or your rights under them without Nomaxion's prior written consent, and any purported assignment in violation of this section is void. Nomaxion may assign or transfer these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

To the maximum extent permitted by law, any claim or cause of action arising out of or related to the Platform or these Terms must be commenced within one (1) year after the date on which it arose or first could reasonably have been discovered. Any claim not brought within that period is permanently barred.

These Terms, together with the Data Accuracy, Liability & Hold-Harmless Agreement and the Privacy Policy, constitute the entire agreement between you and Nomaxion regarding the Platform and supersede all prior understandings. If there is any conflict between these Terms and that Agreement with respect to liability, indemnity, disclaimers, or assumption of risk, that Agreement controls. No failure to enforce any provision operates as a waiver, and if any provision is held unenforceable the remaining provisions continue in full force.

Nomaxion is committed to making the Platform usable by people of differing abilities and aims to align with recognized accessibility guidance (such as WCAG) as the Platform evolves. Accessibility is an ongoing effort, and we welcome feedback. If you encounter a barrier to using the Platform, or need a reasonable accommodation to access a feature, contact us at [email protected] and we will work with you to provide the information or functionality in an accessible manner.

Questions about these Terms can be directed to Nomaxion Inc. at [email protected].