Terms of Service

2.1. To use the Platform, you must create an Account by providing accurate and complete information. You must keep your Account information current.

2.2. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

2.3. You must notify us immediately at support@ehsgenesis.com if you become aware of any unauthorised use of your Account.

2.4. We reserve the right to suspend or terminate any Account where we reasonably believe the information provided is inaccurate, incomplete, or fraudulent.

2.5. The person who creates the initial Account for a Customer is designated as the Super Admin. The Super Admin may grant and revoke access for other Authorised Users within the organisation.

3.1. Access to the Platform requires a paid Subscription. The features, user limits, and pricing applicable to your Subscription are as specified on our pricing page or as agreed in writing.

3.2. Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are quoted in pounds sterling (GBP) and are exclusive of VAT unless stated otherwise.

3.3. Payment is processed through our payment provider, Stripe. By subscribing, you authorise Stripe to charge the payment method on file for all applicable fees.

3.4. If payment fails, we will notify you and provide a reasonable grace period (not less than 7 days) to update your payment method. If payment remains outstanding after the grace period, we may suspend access to the Platform. Your data will be retained for a minimum of 30 days following suspension to allow recovery.

3.5. You may upgrade your Subscription at any time. Upgrades take effect immediately and are charged on a pro-rata basis for the remainder of the current billing period. You may downgrade your Subscription at the end of the current billing period.

3.6. We may change our pricing with not less than 30 days' written notice. Price changes take effect at the start of the next billing period following the notice. If you do not agree to the new pricing, you may cancel your Subscription before the new pricing takes effect.

4.1. You may cancel your Subscription at any time through the Platform settings or by contacting support@ehsgenesis.com. Cancellation takes effect at the end of the current billing period. No refunds are given for partial billing periods.

4.2. Upon cancellation, your access to the Platform will continue until the end of the current paid period. After that date, your Account will be deactivated.

4.3. Before cancellation takes effect, you may export your data using the data export functionality within the Platform (GDPR Article 20 portability). Following deactivation, your data will be retained for 90 days and then permanently deleted unless a longer retention period is required by law or regulation.

4.4. If you cancel an annual Subscription before the end of the annual period, no refund is provided for the remaining months. We encourage customers to use monthly billing if they are unsure about long-term commitment.

6.1. You retain all rights in your Customer Data. We do not claim ownership of any data you upload to or create within the Platform.

6.2. You grant us a limited, non-exclusive licence to host, store, process, and display your Customer Data solely for the purpose of providing, maintaining, and improving the Platform and our services to you. This licence terminates when your Subscription ends and your data is deleted.

6.3. We will process your Customer Data in accordance with our Privacy Policy and, where applicable, any Data Processing Agreement between us.

6.4. You are solely responsible for the accuracy, quality, legality, and appropriateness of your Customer Data and for ensuring that you have all necessary rights and consents to upload it to the Platform.

6.5. We maintain regular backups of Customer Data. However, we recommend that Customers maintain their own independent backups using the Platform's data export functionality.

7.1. We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Full details are set out in our Privacy Policy.

7.2. The Customer is the data controller for personal data processed within the Platform (including employee data, witness information, and health data). We are the data processor, processing personal data solely on the Customer's instructions as set out in these Terms and any applicable Data Processing Agreement.

7.3. We implement appropriate technical and organisational measures to protect personal data, including: AES-256 encryption for sensitive personal data (PII Vault), tenant isolation at the database level, comprehensive audit logging, role-based access controls, and encryption in transit (HTTPS/TLS).

7.4. The Platform processes Special Category Data (health information relating to workplace injuries and occupational health) under Article 9(2)(b) of UK GDPR (employment and social security law obligations) and Schedule 1, Part 1, Condition 1 of the Data Protection Act 2018. The Customer is responsible for ensuring that processing of Special Category Data within the Platform has a valid lawful basis.

7.5. We host all data on IONOS infrastructure (a German-owned company with data centres in the European Union and United Kingdom). No Customer Data is hosted on US-owned cloud infrastructure (AWS, Azure, or Google Cloud), and no Customer Data is subject to US jurisdictional access (including the US CLOUD Act, FISA Section 702, or Executive Order 12333).

7.6. We support data subject rights including access requests (Article 15), rectification (Article 16), erasure (Article 17), portability (Article 20), and objection (Article 21). Tools to manage these rights are available within the Platform under Admin > GDPR.

8.1. The Platform includes optional AI features powered by Anthropic's Claude API. AI features are disabled by default and must be explicitly enabled by an authorised administrator within each Customer's Account.

8.2. When AI features are enabled, specific data (such as document text from uploaded files, or anonymised platform data) is sent to Anthropic's API for processing. Anthropic does not store Customer Data and does not use it for model training. Full details are set out in our AI Data Processing Policy, available within the Platform.

8.3. All AI-generated outputs are advisory only. They are presented as suggestions, drafts, or flags for human review. No AI feature makes automated decisions without human oversight. The Customer is solely responsible for reviewing, verifying, and approving any AI-generated content before relying on it.

8.4. AI features are classified as limited-risk AI systems under the EU AI Act. All AI-generated content is clearly labelled with transparency notices identifying it as AI-generated, in compliance with Article 50 of the EU AI Act.

8.5. We do not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output. AI features are tools to assist — not replace — competent professional judgement.

8.6. AI features may be subject to usage limits (token budgets) depending on your Subscription tier. If your usage limit is reached, AI features are paused until the next billing period. All manual workflows continue to function normally without AI features.

9.1. The Platform provides starter risk assessment templates, document templates, compliance guidance, and automated gap analysis to assist you in meeting your legal obligations under the Health and Safety at Work etc. Act 1974 and associated regulations.

9.2. These materials are starting points only. They are based on common workplace activities and general UK health and safety requirements. They do not constitute professional health and safety advice, legal advice, or consultancy services.

9.3. You are solely responsible for reviewing, customising, and approving all risk assessments, policies, procedures, and other compliance documents to ensure they accurately reflect your specific workplace, activities, workforce, and circumstances.

9.4. The Health and Safety Executive (HSE) requires that risk assessments are "suitable and sufficient" for your specific workplace. A template that has not been tailored to your working conditions does not satisfy this legal requirement.

9.5. We accept no liability for any loss, injury, enforcement action, fine, or prosecution arising from the use of templates, generated content, or compliance guidance that has not been properly reviewed and customised to reflect your actual workplace conditions.

9.6. If you are unsure whether your risk assessments or safety documentation meet legal requirements, we recommend seeking advice from a competent health and safety professional as defined under Regulation 7 of the Management of Health and Safety at Work Regulations 1999.

10.1. The Platform includes features to assist with regulatory compliance, including RIDDOR reporting preparation, compliance health scoring, and regulatory framework configuration for multiple jurisdictions.

10.2. The Platform assists with the preparation of regulatory reports. It does not submit reports to regulatory authorities on your behalf. The Customer remains solely responsible for the accuracy, completeness, and timely submission of any regulatory report to the relevant authority.

10.3. While we endeavour to keep regulatory configurations (such as RIDDOR trigger categories and reporting deadlines) accurate and current, we do not warrant that these configurations will always reflect the most recent legislative changes. The Customer should verify regulatory requirements with the relevant authority.

10.4. The compliance health score is an indicative metric based on data within the Platform. It is not a certification, guarantee, or legal opinion regarding the Customer's actual compliance status.

11.1. The Platform, including all software, interfaces, designs, documentation, and content created by us, is owned by EHS Protect Ltd and is protected by copyright, trademark, and other intellectual property laws.

11.2. We grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform during the term of your Subscription, solely for your internal business purposes.

11.3. You must not copy, modify, distribute, sell, or sublicense any part of the Platform without our prior written consent.

11.4. Feedback, suggestions, and enhancement requests that you provide to us may be used by us to improve the Platform without obligation or compensation to you.

12.1. We will use commercially reasonable efforts to maintain the Platform's availability. We do not guarantee uninterrupted or error-free service.

12.2. We may perform scheduled maintenance that may temporarily affect availability. Where practical, we will provide advance notice of scheduled maintenance.

12.3. Support is provided via email at support@ehsgenesis.com. Response times depend on your Subscription tier.

12.4. We are not liable for any interruption, delay, or failure in the Platform caused by factors outside our reasonable control, including internet connectivity issues, third-party service failures, or force majeure events.

13.1. To the maximum extent permitted by law, our total aggregate liability under or in connection with these Terms shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim.

13.2. We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including (without limitation) loss of profits, loss of data, loss of business opportunity, loss of goodwill, or regulatory fines, even if we have been advised of the possibility of such damages.

13.3. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

13.4. The Platform is a management tool. It does not replace professional health and safety advice, competent person assessments, legal counsel, or regulatory compliance obligations. You remain solely responsible for workplace safety, regulatory compliance, and the decisions you make using the Platform.

15.1. We may update these Terms from time to time. We will notify you of material changes by email and/or by a prominent notice within the Platform at least 30 days before the changes take effect.

15.2. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of those Terms. If you do not agree to the updated Terms, you may cancel your Subscription before the changes take effect.

15.3. We maintain a version history of these Terms, accessible at ehsgenesis.com/terms.

17.1. These Terms are governed by and construed in accordance with the laws of Scotland. The Scottish courts shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

17.2. Before commencing legal proceedings, the parties shall attempt to resolve any dispute through good faith negotiation for a period of not less than 30 days.

18.1. These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the Platform.

18.2. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18.3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.4. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in business.

18.5. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.