Terms of Service

The ProperSafe app portal and the applications available through it — including Bow-Tie Analysis, Haz Subs, NeuroSafe, SOP Builder and HazardMap (together, the Services) — are provided by Proper Safe Limited, a New Zealand company (company number 9393444, NZBN 9429053336729) of Upper Hutt, Wellington, New Zealand (we, us, ProperSafe).

By creating an account, signing in, or using any of the Services, you agree to these terms. If you use the Services on behalf of a business or other organisation, you confirm you have authority to bind that organisation, and “you” includes it. If you do not agree, do not use the Services.

Our Privacy Policy explains how we handle personal information and forms part of these terms. Our public marketing websites are covered by the Website Terms of Use.

The Services are workplace health and safety tools designed for use by businesses and organisations. You agree that you acquire and use the Services in trade, for business purposes, and that the parties agree to contract out of the Consumer Guarantees Act 1993 to the extent permitted by section 43 of that Act. Nothing in these terms limits any rights you may have under the Fair Trading Act 1986 or other laws that cannot lawfully be excluded.

You sign in once through our identity provider and the same account works across all of the Services. Data you create in the Services belongs to an organisation (your workspace) and is shared with the other members of that organisation, so your team can collaborate. Organisation administrators control who is invited and what roles they hold.

You are responsible for keeping your sign-in credentials secure, for the accuracy of the information you provide, and for everything done through your account. Tell us promptly at tom.jones@propersafe.co.nz if you suspect unauthorised access.

Subject to these terms (and payment of any applicable fees), we grant you a non-exclusive, non-transferable right to access and use the Services for your organisation's internal business purposes. You must not, and must not permit anyone else to:

• resell, sublicense, rent or otherwise commercialise the Services or access to them;
• copy, modify, or create derivative works of the Services, or reverse engineer, decompile or attempt to extract their source code (except to the extent this restriction is prohibited by law);
• use the Services to build a competing product, or scrape or bulk-extract content from them other than through the export features we provide;
• interfere with or disrupt the Services, attempt to access another organisation's data, probe or test the vulnerability of our systems without our prior written consent, or circumvent usage limits;
• upload anything unlawful, infringing, or malicious (including malware), or use the Services in breach of any law.

Parts of the Services are available free of charge, subject to usage limits (for example, a capped number of records or AI actions). We may change what is included in the free tier, or the limits that apply, at any time. Paid features and quotas are described on the billing page when you subscribe.

Paid access is sold as a subscription covering the ProperSafe and NeuroSafe apps (an “all apps” bundle), billed monthly or annually in New Zealand dollars. Prices are shown at checkout and on the billing page and, unless stated otherwise, include GST. Payments are processed by Stripe; we never see or store your card details.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period until cancelled.
• Cancellation. You can cancel at any time from the billing page. Cancellation takes effect at the end of the current billing period; you keep paid access until then.
• Refunds. Except where the law requires otherwise, fees are non-refundable and we do not give refunds or credits for partial billing periods or unused features.
• Price changes.We may change prices by giving you at least 30 days' notice; the new price applies from your next renewal. If you don't agree, cancel before the renewal.
• Non-payment.If a payment fails and isn't remedied, we may downgrade your organisation to the free tier or suspend paid features.

You own the data your organisation puts into the Services — registers, documents, analyses, uploads and similar (Customer Data). You grant us a licence to host, process, back up, transmit and display Customer Data as needed to provide and support the Services. You are responsible for having the rights to the content you upload.

You can export your data using the export features in the Services. If your account or organisation is closed, we may delete Customer Data after a reasonable period (normally 90 days) — export anything you need first. We may use aggregated, anonymised usage information (which does not identify you or any person) to operate and improve the Services.

Some features use artificial intelligence — for example, extracting details from safety data sheets or photos, drafting content, and generating compliance guidance. AI output can be incomplete, out of date, or simply wrong. You must review and verify AI output before relying on it or acting on it.

Content you submit to AI features is processed by third-party AI providers as described in our Privacy Policy. AI usage is metered and subject to fair-use quotas that depend on your plan.

The Services help you organise and manage health and safety information. They do not provide legal, regulatory or professional health and safety advice, and nothing in the Services (including AI-generated guidance, compliance reports or templates) is a substitute for your own judgement or for advice from a qualified professional.

You remain solely responsible for your duties under the Health and Safety at Work Act 2015, the Hazardous Substances and New Organisms Act 1996, and all other applicable laws, regulations and standards, and for verifying that anything produced with the Services is accurate, current and appropriate for your workplace.

We work hard to keep the Services available and performing well, but they are provided without a guaranteed uptime or service level. We may occasionally suspend access for maintenance, upgrades, or for reasons outside our control, and we'll aim to minimise disruption. Support is provided by email at tom.jones@propersafe.co.nz on a reasonable-efforts basis.

We (and our licensors) own the Services and everything in them other than Customer Data — including the software, design, branding and content. These terms don't transfer any of that to you. If you give us feedback or suggestions, we may use them without restriction or payment.

You can stop using the Services and close your account at any time. We may suspend or terminate your access (in whole or in part) if you materially breach these terms and, where the breach can be remedied, fail to remedy it within 14 days of our notice; or immediately where the breach is serious (for example, unlawful use, security interference, or attempts to access another organisation's data). Sections 7, 9, 11, 13, 14 and 15 survive termination.

We warrant that we will provide the Services with reasonable care and skill. Otherwise, to the maximum extent permitted by law, the Services are provided “as is” and we exclude all other warranties, conditions and guarantees, whether express or implied — including fitness for a particular purpose and non-infringement, and any warranty that the Services will be uninterrupted or error-free. We are not responsible for third-party products or services you use with the Services.

To the maximum extent permitted by law: (a) neither party is liable to the other for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill; and (b) our total aggregate liability to you in connection with the Services, however arising, is limited to the fees you paid us in the 12 months before the event giving rise to the claim (or NZ$100 if you have paid no fees). Nothing in these terms limits liability that cannot lawfully be limited.

You are responsible for the Customer Data you upload and for your use of the Services, and you will cover us for third-party claims arising from Customer Data that infringes someone else's rights or from your unlawful use of the Services.

• Changes to the Services.We're always improving the Services and may change or discontinue features. If a change materially reduces what your paid plan includes, you may cancel and we'll refund the unused portion of any prepaid period.
• Changes to these terms.We may update these terms from time to time. For material changes we'll give notice (for example by email or in the portal) before they take effect; continuing to use the Services after that means you accept the updated terms.
• Notices. We may send notices to the email address on your account. Send notices to us at tom.jones@propersafe.co.nz.
• Assignment. You may not transfer these terms without our consent. We may assign them as part of a sale or restructure of our business.
• Severance & waiver. If part of these terms is unenforceable, the rest still applies. Not enforcing a right is not a waiver of it.
• Entire agreement. These terms (with the Privacy Policy and any plan details at checkout) are the whole agreement between us about the Services.
• Governing law. These terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction.

Questions about these terms? Email tom.jones@propersafe.co.nz— we're happy to help.