Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between Safetrac Software, Inc(“Safetrac”, “we”, “us”, “our”) and the organisation or individual that creates a Safetrac account (“Customer”, “you”, “your”).

By creating an account, clicking to accept, paying a subscription fee, or accessing or using the Safetrac platform, websites or mobile applications (together, the “Service”), you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If we and you have signed a separate written agreement covering the Service, that agreement controls to the extent it conflicts with these Terms. Otherwise the order of precedence is: (a) a signed agreement; (b) an order form or written quote we have issued; (c) these Terms; (d) any documentation or policy referenced in them.

Purchase order terms, vendor portal terms, click-through terms in your procurement system and similar customer-side forms have no effect on this agreement and are expressly rejected, even if we acknowledge or accept a purchase order.

2. The service

Safetrac provides security guard management software delivered over the internet, including the web application at mysafetrac.app and mobile applications for iOS and Android. Features include GPS tracking of patrols, QR checkpoint scanning and geofencing, incident and issue reporting, automated Daily Activity Reports, notifications, and a client portal.

We may modify, add to or discontinue features of the Service. We will not materially degrade the core functions of a paid subscription during a paid period without notice. Beta, preview and early-access features are provided for evaluation, may be changed or withdrawn at any time, and are excluded from any service commitment.

Access to the Service requires internet connectivity, a compatible device, and for mobile features, permission to access location and, where you enable those features, the camera and microphone. We do not supply devices or connectivity.

3. Accounts, eligibility and authority

You must be at least 18 years old to create an account. If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

You must provide accurate account and billing information and keep it current. You are responsible for all activity under your account and for keeping credentials confidential. Notify us at support@safetrac.io promptly if you suspect unauthorised access.

Account owners and administrators can see, export, modify and delete data submitted by users in their organisation, including location history and reports. If your employer gave you a Safetrac login, your employer controls that account and the data in it.

4. Your users

You may allow your employees, contractors and clients to access the Service under your account (“Users”). You are responsible for your Users’ acts and omissions as if they were your own, and for ensuring they comply with these Terms.

Billable users are counted as set out in section 6. You must not share a single login between multiple people; each individual who uses the Service needs their own credentials, both so the audit trail means anything and because shared credentials destroy the evidentiary value of the records you are paying us to keep.

5. Free trial

We offer a 30-day free trial with full functionality and no credit card required. At the end of the trial the account converts to a paid subscription only if you provide payment details and choose to continue. We do not automatically charge a trial account.

Trials are for evaluation. We may limit trials to one per organisation and may end a trial early if it is being used in production, resold, or used to circumvent paid subscription fees. Data in a trial account that is never converted may be deleted after the trial ends; export anything you need first.

Any promotional credit we offer for switching from another platform — for example up to three months free — is subject to verification of an active paid subscription with that provider, applies as a credit against fees, has no cash value, and may not be combined with other offers.

6. Fees, billing and renewal

Unless a signed order form says otherwise:

• The subscription minimum is $200 per month, which includes your first 10 users.
• Users beyond that are billed per user per month at the published rate for your volume — $8 for users 11–99, $6for users 100–249, and $4 for users 250 and above.
• Annual billing, where offered, is charged once in advance at a discount to the monthly rate.

A billable user is any individual with an active login during the billing period, including guards, supervisors, administrators and client portal users, unless the published pricing says otherwise. Adding users mid-cycle is charged on the next invoice; removing users reduces the following invoice and does not produce a refund or credit for the current one.

Authorisation and renewal. By providing a payment method you authorise us, and our payment processor, to charge it for all fees due, on a recurring basis, until you cancel. Subscriptions renew automatically for successive periods of the same length. We do not sell annual contracts or minimum terms; renewal is monthly unless you have chosen annual billing.

Taxes. Fees are exclusive of sales, use, VAT and similar taxes, which you are responsible for except taxes on our net income. If we are required to collect a tax, it is added to your invoice.

Failed and late payment. If a charge fails we may retry it and will notify you. Amounts more than ten days overdue may accrue interest at 1.5% per month or the maximum the law allows, whichever is less, and we may suspend the Service under section 18. You are responsible for reasonable costs of collection, including attorneys’ fees.

Price changes. We may change pricing on at least 30 days’ notice to the email address on your account. A change takes effect at your next renewal. If you do not accept it, cancel before that renewal under section 7; continued use after the effective date is acceptance.

Disputed charges. Tell us within 60 days of the invoice date if you believe a charge is wrong, and we will investigate in good faith. Charges not disputed within 60 days are final.

7. Cancellation and refunds

You can cancel at any time by emailing support@safetrac.io or using any in-product cancellation control we provide. There is no contract, no notice period, no cancellation fee and no early termination penalty.

Cancellation takes effect at the end of the period you have already paid for. The Service stays available until then. Except where the law requires otherwise, or where we have failed to provide the Service and have not fixed it, fees already paid are non-refundable and we do not pro-rate partial months or unused users. Nothing in this section is a fee or a penalty; it simply means we do not refund time you have already bought.

Export your data before cancelling — see section 19 for the export window.

8. Customer data and ownership

“Customer Data” means everything you and your Users submit to or generate through the Service: property and client records, guard profiles, patrol and checkpoint records, GPS traces, incident reports, photographs, audio and video, and the reports produced from them.

As between you and us, Customer Data is yours. We claim no ownership of it. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display and back up Customer Data solely to provide, secure, support and improve the Service for you, and to comply with law. That licence ends when the data is deleted, subject to routine backup cycles.

For Customer Data, you are the business or controller and we act as your service provider or processor, on your documented instructions. That allocation and its consequences are set out in our Privacy Policy. Where a data processing addendum is required by law or by your policies, contact us and we will execute one; it is incorporated into these Terms once signed.

You represent and warrant that:

• you have all rights, consents and authority necessary for us to process Customer Data as contemplated by these Terms;
• Customer Data does not infringe any third party’s rights and does not violate any law;
• you have satisfied every notice, consent and disclosure obligation you owe to your employees and to anyone else whose information appears in Customer Data — see section 10.

Aggregated data. We may generate aggregated and de-identified statistics from use of the Service and use them to operate, analyse and improve it and to produce benchmarks. Such data will not identify you, your Users, your clients or any individual, and we will not attempt to re-identify it.

You are responsible for keeping your own copies of anything you need to retain. The Service is not a system of record for the purposes of any retention obligation you owe under employment, licensing or contract law.

9. Acceptable use

You and your Users must not:

• use the Service in violation of any law, including labour, wage and hour, privacy, wiretapping, recording and security-licensing law;
• use the Service to stalk, harass, surveil or track any person outside a legitimate employment or contractual relationship in which you have given the required notice — including tracking anyone off duty;
• upload unlawful, defamatory, infringing or malicious content, or anything containing malware;
• falsify records, forge a checkpoint scan, spoof GPS location, or circumvent geofencing or any other verification control;
• resell, sublicense, rent, timeshare or provide the Service as a service bureau to any third party without our written consent;
• reverse engineer, decompile or disassemble the Service, or attempt to derive source code, except where that restriction is unenforceable by law;
• scrape, crawl or bulk-extract data by automated means outside our documented interfaces, or exceed rate limits we publish;
• probe, scan or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, without our prior written permission;
• use the Service to build a competing product, or benchmark it for publication, without our written consent;
• interfere with the integrity or performance of the Service or the data of any other customer.

You must report any suspected security vulnerability to support@safetrac.io and must not disclose it publicly before we have had a reasonable opportunity to fix it.

10. Location tracking, recording and employee notice

Read this section carefully. It allocates real legal risk.

The Service records precise GPS location for guards on shift and, depending on how you configure it, may capture photographs, video and audio. That information is about your employees and contractors and is collected at your direction, for your purposes, under your configuration.

You are the employer. You own the notice and consent duty. You represent and warrant that, before enabling any monitoring or recording feature, you have:

• given every affected individual all notices required by law and by any applicable collective bargaining agreement, and obtained every consent required;
• confirmed that your configuration is lawful in every jurisdiction where your people work, including any state that requires all-party consent to record a communication;
• configured tracking so it operates only during working time and within the scope of employment, and not in any location or at any time where recording is prohibited;
• established a lawful basis for retaining the resulting records for as long as you retain them.

Two specific California rules are worth naming because they carry criminal and statutory exposure and because a great many operators get them wrong. Under Penal Code section 632, recording a confidential communication without the consent of all parties is a crime and carries statutory damages. Under Labor Code section 435, audio and video recording in restrooms, locker rooms and changing areas is prohibited outright, without exception and regardless of consent. These are examples, not a complete list, and they are not legal advice.

We provide the technical controls. We do not review your configuration, do not advise on whether it is lawful, and have no way of knowing what you have told your workforce. If a claim arises out of your monitoring practices, the indemnity in section 22 applies.

We may decline to enable, or may disable, any feature we reasonably believe is being used unlawfully.

11. Third-party services

The Service relies on third parties, including cloud hosting, mapping and geolocation providers, messaging and email carriers, payment processors, artificial intelligence providers, and the Apple App Store and Google Play. Your use may be subject to those providers’ terms, and we are not responsible for their acts, omissions, outages, pricing or policies.

If you connect the Service to a third-party product, you authorise us to exchange data with it as needed for that integration. We are not responsible for what that third party does with data you direct us to send it.

Mobile applications are also governed by the applicable app store terms. Apple and Google are not parties to these Terms, have no obligation to provide support for the Service, and are third-party beneficiaries entitled to enforce the terms their platforms require.

12. Alerts, SMS and email delivery

The Service can send incident alerts and reports by SMS, push notification and email to recipients you designate. You are responsible for the accuracy of every phone number and email address you enter, for having the recipient’s consent to be contacted, and for compliance with the Telephone Consumer Protection Act and any equivalent state law. Do not enter a number you are not authorised to message.

Delivery is not guaranteed and is outside our control. Messages depend on carriers, devices, network coverage, spam filtering and recipient settings. Messages may be delayed, filtered, truncated or never delivered. Do not rely on an alert reaching anyone within any particular time, or at all, and never rely on it in an emergency. Message and data rates may apply to recipients.

13. AI features

Some features, including AI Professionalize, use machine learning models — including third-party models — to rewrite, summarise or classify text your Users submit. To provide these features we transmit the relevant Customer Data to the model provider.

AI output is generated automatically and is not verified by us. It can be inaccurate, incomplete, or subtly change the meaning of what a guard wrote. These reports are frequently used as evidence in insurance claims, disciplinary proceedings and litigation, where an altered account of events is a serious problem.

You are responsible for reviewing AI output before it is relied on, submitted to a client, or entered into any record. We recommend enabling administrator approval for reports. AI output is not legal advice and must not be treated as a substitute for professional judgement. You remain responsible for the accuracy of every report your organisation issues.

14. Reports and recordkeeping

The Service generates Daily Activity Reports, incident reports, patrol records and similar documents from data your Users submit. The quality of those records depends entirely on what your Users enter and on how you have configured checkpoints, patrols and notifications.

We do not warrant that records produced by the Service satisfy any legal, contractual, licensing, insurance or evidentiary requirement that applies to you, and nothing in the Service is legal, employment, tax or compliance advice. Content on our website and blog is general information only.

You are responsible for determining what you must retain and for how long, and for exporting and preserving it. If you are subject to a litigation hold, act on it yourself — we do not monitor for one.

15. Our intellectual property

The Service, and all software, interfaces, documentation, designs and content we provide, together with all intellectual property rights in them, are and remain ours and our licensors’. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, for your internal business purposes, subject to these Terms. No other rights are granted, by implication, estoppel or otherwise.

“Safetrac”, our logo and our product names are our trademarks. You may not use them without our written permission, except to accurately identify the Service.

16. Feedback

If you send us suggestions, feature requests, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and commercialise it without restriction, attribution or compensation. Do not send us feedback you are not free to give us on those terms.

17. Confidentiality

Each party may receive information the other marks confidential or that a reasonable person would understand to be confidential. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers bound by comparable duties.

This does not apply to information that is public through no fault of the receiving party, was already known to it without duty of confidence, is independently developed, or is rightfully received from a third party. Disclosure compelled by law is permitted if, where lawful, the receiving party gives prompt notice so the other can seek protection.

18. Suspension

We may suspend your access, in whole or in part, if: fees are overdue; we reasonably believe the Service is being used in violation of section 9 or section 10; your use threatens the security, integrity or availability of the Service or another customer’s data; or the law requires it.

Except where an immediate suspension is necessary to prevent harm or comply with law, we will give notice and a reasonable chance to fix the problem first. Suspension does not relieve you of fees for the suspended period, unless the suspension was our error.

19. Term, termination and data export

These Terms apply from the moment you first use the Service and continue until all subscriptions have ended.

You may terminate under section 7. We may terminate for your material breach if it is not cured within 15 days of notice, and immediately if you breach section 9 or section 10, become insolvent, or if continuing would require us to break the law. We may also discontinue the Service entirely on 60 days’ notice, refunding any prepaid fees for the period after discontinuation.

Data export. For 30 days after termination we will, on written request, make Customer Data available for export in a commonly used format, or assist you in exporting it. After that period we may delete Customer Data, subject to backup cycles and any legal retention obligation. Do not treat our systems as your archive.

Sections 8, 15, 16, 17, 20, 21, 22, 23, 24 and 26, together with any accrued payment obligation, survive termination.

20. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

Without limiting that, we specifically do not warrant that:

• the Service will be uninterrupted, timely, secure or error-free, or that defects will be corrected;
• GPS or geolocation data will be accurate or precise. Location accuracy depends on the device, its settings, satellite visibility, buildings, weather and network conditions, and can be wrong by a significant margin or unavailable entirely;
• alerts, reports or notifications will be delivered, or delivered within any time — see section 12;
• records produced by the Service will meet any legal, contractual, evidentiary or insurance requirement — see section 14;
• AI output will be accurate or suitable for any purpose — see section 13.

NOT A LIFE-SAFETY OR EMERGENCY SERVICE. Safetrac is a recordkeeping and workforce management tool. It is not an alarm monitoring service, an emergency response or dispatch service, a personal safety device, or a substitute for emergency services, trained supervision or adequate staffing. Do not use it to summon help in an emergency; call 911 or your local emergency number. You are solely responsible for the safety of your personnel and the security of the sites you serve.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR DATA, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) $200.

We are not liable for any claim arising out of: your or your Users’ conduct; the acts or omissions of your guards; injury, loss or damage at a site you serve; the accuracy or content of anything your Users submit; your monitoring or recording practices; or your failure to export or retain data.

These limits do not apply to your obligation to pay fees, to either party’s liability for fraud, wilful misconduct or gross negligence, to your indemnity obligations under section 22, or to any liability that cannot be limited by law. They apply even if a limited remedy fails of its essential purpose, and they reflect an agreed allocation of risk without which the Service would not be offered at these prices.

22. Indemnification

You will defend, indemnify and hold harmless Safetrac Software, Inc, its officers, directors, employees and agents from and against any third-party claim, and any resulting loss, liability, damage, fine, penalty, cost or reasonable attorneys’ fee, arising out of or relating to:

• your or your Users’ use of the Service;
• your breach of these Terms or of any law;
• Customer Data, including any claim that it infringes a right or was collected, used, retained or disclosed unlawfully;
• your monitoring, tracking or recording of employees, contractors or any other person, including any claim under privacy, wiretapping, recording, labour or wage and hour law;
• any employment claim brought by your personnel, including claims about hours worked, meal or rest breaks, wages, discipline or termination, and including claims in which records from the Service are relied on;
• any claim by your own clients relating to services you provided or reports you issued.

We will notify you of the claim, give you control of the defence — provided no settlement admits our liability or imposes an obligation on us without our written consent — and cooperate at your expense. We may participate with our own counsel at our cost.

23. Dispute resolution, arbitration and class action waiver

Informal resolution first. Before starting an arbitration or a court action, the complaining party will send the other a written description of the dispute and the relief sought, to the address in section 28. The parties will try in good faith to resolve it for 30 days. This is a precondition to filing.

Arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Los Angeles County, California, or by videoconference or on the documents if the parties agree. The Federal Arbitration Act governs the interpretation and enforcement of this section. Judgment on the award may be entered in any court of competent jurisdiction.

What is excluded. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information, without first arbitrating.

Class action and jury waiver. Disputes will be brought only in an individual capacity. Neither party may bring a claim as a plaintiff or class member in a class, consolidated or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. Both parties waive any right to a jury trial. If this paragraph is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court under section 24, and the rest of this section remains in force.

Opting out. You may reject arbitration by emailing support@safetrac.io with the subject “Arbitration opt-out”, including your account name and a clear statement that you decline, within 30 days of first accepting these Terms. Opting out affects nothing else in this agreement and will not be held against you.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

This section survives termination. If a change to it would materially affect you, we will give notice and you may reject the change by notifying us within 30 days, in which case the prior version applies to disputes that have already arisen.

24. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. For any dispute not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any objection to that venue.

25. Export control and government users

You will comply with US export control and sanctions laws. You represent that you are not located in, and are not a national or resident of, any country subject to a US embargo, and that you are not on any US government list of prohibited or restricted parties.

The Service is “commercial computer software” under FAR 12.212 and DFARS 227.7202. US Government users acquire only the rights granted to all other users under these Terms.

26. General

Entire agreement. These Terms, the Privacy Policy, any signed agreement or order form, and any addendum we execute, are the entire agreement between us on this subject and supersede all prior discussions.

Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets that is not a competitor of ours, on notice to us. We may assign freely. Any other attempted assignment is void.

Severability and waiver. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest stays in force. Failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for a delay or failure — other than a payment obligation — caused by something beyond its reasonable control, including natural disaster, war, terrorism, labour dispute, government action, epidemic, utility or carrier failure, internet or hosting outage, or denial-of-service attack.

Notices. We give notice by email to the address on your account or by posting in the Service; you give notice by email to support@safetrac.io, with legal notices also sent by mail to the address in section 28. Notice is effective on delivery. Keep your account email current — notice to a stale address is still effective.

Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship, and neither party may bind the other.

No third-party beneficiaries, except as stated in section 11 for app store operators and in section 22 for the persons indemnified.

Publicity. We will not use your name or logo as a customer reference without your prior consent.

Headings and interpretation.Headings are for convenience only. “Including” means “including without limitation”. These Terms will not be construed against the drafter.

27. Changes to these terms

We may update these Terms. For any material change we will give at least 30 days’ noticeby email to the address on your account or by notice in the Service, and update the “Last updated” date above.

Changes take effect on the stated date and apply going forward. If you do not accept a change, cancel before it takes effect under section 7; continued use after that date is acceptance. Section 23 has its own change procedure.

28. How to contact us

Questions about these Terms, or legal notices, go to:

See also our Privacy Policy and our Contact & Support page, or manage your account at mysafetrac.app.