Terms of Service

0When these Terms apply

These Terms take effect when the Customer accepts them during registration or continues using Haznote after accepting an updated version. The version and effective date above identify the Terms that apply.

1Who these terms are between

These Terms of Service ("Terms") are an agreement between Haznote ("Haznote", "we", "us") and the organisation that registers for the Service ("Customer", "you"). They apply to the Customer and each Authorised User who accesses the Service on its behalf.

The person who completes registration confirms that they have authority to act for the Customer and to handle work health and safety data on its behalf.

We record the version accepted and the time of acceptance so both parties can identify the applicable agreement.

2Definitions

• "Service" means the Haznote web application, mobile application, and supporting backend services.
• "Authorised User" means a person the Customer permits to use the Service, in one of the roles below.
• "Administrator" means an Authorised User with company-level control, including billing, company settings, and confidential reports.
• "Manager" means an Authorised User responsible for incidents at one or more assigned sites.
• "Representative" means an external person the Customer appoints to receive and investigate confidential psychosocial reports. A Representative is appointed by the Customer, not by a regulator, and is not an independent authority.
• "Worker" means a person who submits reports from the mobile application. Workers do not register themselves and are never charged.
• "Customer Data" means all data the Customer or its Authorised Users submit to the Service, including voice recordings, transcripts, photographs, location data, and incident records.
• "WHS Laws" means the Work Health and Safety Act and Regulations of the relevant Australian jurisdiction, or in Victoria the Occupational Health and Safety Act 2004 (Vic) and its regulations.

3What the Service is, and what it is not

Haznote helps your workers capture safety reports in the field, and helps your managers triage, record, and document them. It produces draft documents and suggested classifications to support your own work health and safety processes.

Nothing in the Service is legal advice. Document templates, statutory references, and classification suggestions are a starting point for your own review. You are responsible for confirming that any document you rely on is accurate and appropriate for your jurisdiction and circumstances.

4Accounts and Authorised Users

Your Administrator controls who has access. Managers, Representatives, and Workers are added by you, and access is removed by you. Workers cannot create their own account: a Worker joins a site only by scanning a site QR code you display or through an invitation from one of your Managers or Administrators, or from a subcontractor you have authorised to add its workers. Workers cannot access the management web application.

• You are responsible for managing your Authorised Users and for their use of the Service within the authority you give them.
• You must keep credentials, email accounts used to sign in, site QR codes, and devices secure, and remove access promptly when a person leaves or changes role.
• Workers are identified by email address and sign in with one-time codes sent to that address, inside the installed Haznote app. A Worker cannot change that email address from the app; any change must be arranged through your Managers or Administrators.
• Removing a Worker from a site, or from your company, stops that Worker’s access to the site, or to all of your sites.
• You must tell us promptly if you become aware of unauthorised access to your account.

5Your responsibilities

You retain every duty you owe under WHS Laws. Using Haznote does not transfer, reduce, or discharge any of them. You remain responsible for:

• Reviewing reports, deciding what action to take, and taking it within the timeframes your obligations require.
• Deciding whether an incident is notifiable, and notifying the relevant regulator yourself within the statutory timeframe.
• Confirming or correcting every classification the Service suggests before you rely on it.
• Providing accurate company details. Your ABN is required before the Service will generate an official WHS document, because that document carries your legal identity.
• Telling your workers how the Service is used, in line with clause 12 and your own privacy obligations as their employer.
• Maintaining your own emergency and first-aid procedures independently of the Service.

6Acceptable use

You and your Authorised Users must not:

• Use the Service to harass, intimidate, or retaliate against a person who submits a report, including a report submitted anonymously.
• Attempt to identify the author of an anonymous report other than through a lawful investigation process, or use the Service to circumvent whistleblower or psychosocial confidentiality protections.
• Upload material you have no right to upload, material that is unlawful, or material unrelated to workplace safety.
• Attempt to access data belonging to another organisation, to a site you are not assigned to, or to the confidential psychosocial stream if your role does not permit it.
• Probe, scan, or test the security of the Service without our prior written consent, or interfere with its operation.
• Resell, sublicense, or provide the Service to a third party that is not your Authorised User.

Reporting a genuine safety concern is never a breach of these Terms, regardless of what it alleges or who it concerns.

7Your data

As between Haznote and the Customer, the Customer retains its rights in Customer Data. This does not transfer or limit the privacy, confidentiality or other rights of any individual or third party. You grant us a non-exclusive licence to host, process, transmit and display Customer Data only to provide, secure, support and improve the Service, and to comply with law.

You can export your incident register and supporting documents at any time while your account is active. Exports reflect the access scope of the person requesting them.

8Artificial intelligence features

The Service uses automated speech-to-text and language models to transcribe voice reports and to suggest a category, a priority, and whether an incident may be notifiable.

• These outputs are suggestions. A human must confirm any classification that carries legal weight, and official documents are generated only after that confirmation.
• The original machine-generated output is stored unchanged alongside any human correction, so the record shows what was suggested and what a person decided.
• Automated systems can mishear, misclassify, or miss context entirely. You must not rely on them as your sole means of identifying a hazard or a notifiable incident.
• If the Service cannot produce a classification at all — for example when transcription or classification fails — the report is routed to the confidential stream rather than to a manager. This is a failure path, not a confidence judgement: the Service does not withhold a report from a manager because a suggested classification looked uncertain.

9Availability and support

We aim to keep the Service available and to restore it promptly if it fails, but during the pilot period we do not offer a service level agreement or a guaranteed uptime figure. We may take the Service offline for maintenance, and will give reasonable notice where we can.

Support is available at support@haznote.com. Because the Service is not an emergency channel (clause 3), support response times must never form part of your emergency response plan.

The mobile application stores reports on the device when it has no network connection, and sends them when connectivity returns. A report that has not yet been sent exists only on that device.

10Fees

The controlled pilot is provided free of charge. No fees are payable and no payment details are collected during the pilot.

If we introduce paid subscriptions, we will publish the pricing and payment terms and give you notice before any charge applies. Prices will be stated exclusive of GST, and GST will be added where payable. Pricing is per site or per company, never per worker.

10aIntellectual property

Haznote owns the Service — the software, the interface, the document templates, the classification logic and the documentation — together with all intellectual property rights in them. Nothing in these Terms transfers any of that to you. You receive a non-exclusive, non-transferable right to use the Service for your own work health and safety purposes for as long as these Terms apply.

You own Customer Data, as clause 7 says. A document the Service generates from your Customer Data is yours to use, keep and give to a regulator without restriction; the template it was produced from remains ours.

You may not copy, resell, or reverse-engineer the Service, or use it to build a competing product. Feedback you choose to give us about the Service may be used to improve it, without obligation to you and without giving us any right to your Customer Data.

If a third party claims that Customer Data you uploaded infringes their rights or was uploaded unlawfully, you will cover the reasonable costs and damages we incur from that specific claim, provided we tell you about it promptly, let you control its defence, and do not settle it without your agreement. This is limited to claims about what you uploaded — it does not extend to claims arising from how the Service itself works, which remain ours.

11Confidentiality

Each party must keep the confidential information of the other confidential, and use it only for the purposes of these Terms. This does not apply to information that is public through no fault of the receiving party, was already lawfully held, or must be disclosed by law.

Psychosocial reports are held in a separate confidential stream. Access is restricted to Administrators and appointed Representatives, every read is logged, and Managers are excluded by design. You must not attempt to widen that access.

12Privacy

Our handling of personal information is described in the Privacy Policy. That policy is a notice describing how we handle personal information and how our systems currently operate; it is not a set of contractual service commitments, and we may update it as the service changes. Our binding obligations about your data are in these Terms — clause 7 (your data), clause 11 (confidentiality) and clause 15 (liability).

In respect of information about your workers, you are the entity that decides why and how that information is collected, and we handle it on your instructions. You are responsible for having a lawful basis to collect it, and for telling your workers how it will be used, including that voice recordings are captured, transcribed, and processed as described in the Privacy Policy.

Australian privacy obligations depend on the Customer’s activities and circumstances, including whether an exemption applies. Regardless of that position, the Customer must handle worker information lawfully, fairly and consistently with the notices it gives to workers.

13Term, termination, and what happens to your records

These Terms apply from acceptance until the Customer account is closed. You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms and do not remedy the breach within a reasonable period after notice, or immediately where continued access presents a material security, safety or legal risk.

Where appropriate, we can remove or replace account identifiers while preserving the safety record. Narrative, voice, photographs or surrounding circumstances may still identify a person, so this process reduces identification risk but does not guarantee anonymity.

14Australian Consumer Law and warranties

Apart from those guarantees, and to the extent permitted by law, the Service is provided on an "as is" basis. We do not warrant that it will be uninterrupted or error-free, or that any classification, transcript, or generated document will be accurate or complete.

15Liability

15.1 This clause is subject to clause 14. It limits liability; it does not exclude it entirely, and it applies to both parties.

15.2 To the extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable when these Terms were accepted. This does not exclude loss that the law treats as direct or that cannot lawfully be excluded.

15.3 To the extent permitted by law, each party’s aggregate liability arising from the Service is limited to the greater of the fees paid or payable for the Service in the preceding twelve months and AUD $10,000.

15.4 The limits in 15.2 and 15.3 do not apply to liability that cannot lawfully be limited, or to fraud or wilful misconduct.

15.4a For a material breach of confidentiality or privacy obligations, or infringement of the other party’s intellectual property rights, each party’s aggregate liability is instead limited to the greater of three times the fees paid or payable for the Service in the preceding twelve months and AUD $50,000. This higher cap reflects the seriousness of those breaches without leaving either party exposed without limit.

15.5 Liability is reduced to the extent the other party caused or contributed to the loss. The Customer remains responsible for WHS decisions and regulator notifications, but this does not excuse Haznote from responsibility to the extent its own breach caused or contributed to the loss.

16Changes to these Terms

We may update these Terms as the Service or law changes. If a change is material, we will publish a new version and ask an Administrator to accept it before continued use. We record the version and acceptance time.

If you do not accept a material update, you may stop using the Service. Clause 13 continues to apply to records already created.

17General

• These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
• If a provision is found to be unenforceable, it is severed and the rest continues to apply.
• A failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent, which will not be unreasonably withheld. We may assign them to a successor of our business on notice to you.
• These Terms, the Privacy Policy and any written order or pilot schedule accepted by both parties set out the agreement about the Service. If they conflict, a written order or pilot schedule prevails for its subject matter, then these Terms.
• Notices to us may be sent to the contact address in clause 18. Notices to you may be sent to the registered email address of your Administrator.

18Contact

Questions about these Terms: legal@haznote.com. Support: support@haznote.com. Privacy enquiries and complaints: privacy@haznote.com.