Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Berg Safety Management platform and website operated by Berg Safety Solutions ("we," "us," or "our"). By creating an account, accessing the client portal, or using any part of our platform, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

• "Platform" means the Berg Safety Management web application, client portal, forms, and associated services
• "Client" means the company or individual that has purchased a subscription to the Platform
• "Worker" means an employee, subcontractor, or other individual whose information is entered into the Platform by a Client
• "Content" means all data, forms, records, photos, and documentation entered into or generated by the Platform
• "Subscription" means a paid plan providing access to the Platform for a specified period

To access the Platform, you must create an account and purchase a Subscription. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are used in a manner that jeopardizes the security or integrity of the Platform.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform to store false, fraudulent, or misleading safety documentation
• Attempt to gain unauthorized access to other clients' data or any part of our systems
• Reverse engineer, decompile, or attempt to extract source code from the Platform
• Resell, sublicense, or transfer your Subscription to any third party without our written consent
• Use the Platform in any manner that violates Alberta OHS, WorkSafeBC, or any other applicable law
• Upload malicious code, viruses, or any content designed to disrupt the Platform

As a Client, you are solely responsible for:

• The accuracy and completeness of all documentation and records entered into the Platform
• Ensuring that your workers' personal information is collected and handled in compliance with Alberta PIPA, BC PIPA, and any applicable privacy legislation
• Obtaining any required worker consent before entering their personal information into the Platform
• Training your staff and supervisors on proper use of the Platform
• Maintaining your own backup copies of critical safety documentation
• Ensuring that your use of the Platform complies with all applicable laws, regulations, and contractual obligations

You remain solely responsible for:

• Determining which OHS regulations and requirements apply to your operations
• Ensuring your safety programs, hazard assessments, and documentation meet applicable legal standards
• Reporting incidents to Alberta OHS, WCB, or WorkSafeBC as required by law
• The accuracy of all forms and records completed through the Platform
• Any decisions made in reliance on information stored in or generated by the Platform

We recommend consulting a qualified safety professional or legal counsel for advice on your specific compliance obligations.

The Platform, including its software, design, form templates, workflows, and branding, is owned by Berg Safety Solutions and protected by Canadian intellectual property law. You are granted a limited, non-exclusive, non-transferable license to use the Platform during your Subscription term.

You retain ownership of all Content (data, records, and documentation) you enter into the Platform. You grant us a limited license to store and process your Content solely for the purpose of providing the Platform services to you.

• Subscriptions are billed monthly in advance. All fees are in Canadian dollars unless otherwise stated
• Founding Client pricing is locked for 24 months from the date of signup, subject to a 6-month minimum commitment
• Following the initial free trial period, your subscription will automatically renew unless cancelled
• You may cancel your subscription at any time; access continues until the end of the current billing period
• We reserve the right to adjust pricing with 60 days written notice to active subscribers (Founding Client rates excluded during the locked period)
• Refunds are not provided for partial months or unused subscription periods, except where required by law

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of information as described in the Privacy Policy.

Upon account cancellation, you have 90 days to export your data. After that period, data may be permanently deleted in accordance with our Privacy Policy.

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Platform will be error-free, uninterrupted, or free of security vulnerabilities
• Warranties that the Platform meets your specific regulatory compliance requirements
• Warranties regarding the accuracy or completeness of any information provided through the Platform

We do not warrant that use of the Platform will result in OHS compliance, COR certification, or any other regulatory outcome.

Our total cumulative liability to you for any claims arising out of or related to these Terms or the Platform shall not exceed the total subscription fees paid by you to us in the three (3) months preceding the claim.

Some jurisdictions do not allow limitations on implied warranties or liability for certain damages; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless Berg Safety Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms
• Your violation of any applicable law or regulation, including OHS legislation
• Content you submit to the Platform that infringes third-party rights
• Any worker injury, OHS investigation, or regulatory action related to your worksites

Either party may terminate the Subscription at any time. We may suspend or terminate your access immediately if you:

• Violate these Terms or our Privacy Policy
• Fail to pay subscription fees
• Use the Platform for fraudulent or unlawful purposes

Upon termination, your right to access the Platform ceases. You are responsible for exporting any required records before termination. Provisions of these Terms that by their nature should survive termination (including Sections 9, 10, 11, and 13) shall survive.

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada. If you are a BC-based client, you agree to this jurisdiction for purposes of these Terms.

We may update these Terms from time to time. We will notify active subscribers of material changes by email at least 14 days before they take effect. Continued use of the Platform after updated Terms take effect constitutes your acceptance of the revised Terms.

For questions about these Terms of Use, please contact us: