Terms and Conditions

1. Acceptance of Terms

By accessing or using the Capability platform, mobile application, and related services (collectively, the “Services”) provided by Safety Instruct LLC, doing business as Capability (“Capability”, “we”, “us”, “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you are entering into these Terms on behalf of an organisation or employer, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not use the Services.

2. Definitions

• “Tenant” — An organisation, company, or entity that subscribes to Capability to manage its workforce.
• “Tenant Administrator” — The individual(s) designated by the Tenant to manage accounts, permissions, and data.
• “End User” — Any employee, contractor, or authorised individual who accesses the Services under a Tenant’s subscription.
• “Content” — Any data, training records, files, messages, or information uploaded or processed via the Services.

3. Account & Registration

Tenant Administrators are responsible for creating and managing End User accounts. All accounts must be associated with a valid email address and accurate information. End Users may not share login credentials; each user must maintain the confidentiality of their password. Capability reserves the right to suspend or terminate accounts that violate these Terms or compromise platform security.

End Users do not have the ability to self-delete accounts without Tenant Administrator authorisation, as described in our Privacy Policy.

4. Use of Services

The Services are designed to enable Tenants to:

• Assign and track employee training and certifications
• Record safety incidents, observations, and corrective actions
• Manage performance assessments and compliance documentation
• Generate reports and dashboards for operational review

You agree to use the Services solely for lawful, professional, and operational purposes in accordance with applicable laws and regulations.

5. Tenant Responsibilities

The Tenant is solely responsible for:

• The accuracy, legality, and appropriateness of all Content uploaded to the platform
• Obtaining any necessary consents from End Users regarding data processing
• Managing user permissions, access rights, and deactivation of accounts
• Compliance with employment, safety, and data protection laws applicable to their jurisdiction

6. Fees & Subscriptions

Access to the Services is provided on a subscription basis. Fees, billing cycles, and payment terms are outlined in the separate subscription agreement or order form. All fees are non-refundable unless otherwise required by law. Capability reserves the right to modify pricing with prior notice to the Tenant. Failure to pay fees may result in suspension or termination of access.

7. Intellectual Property

All intellectual property rights in the Services, including software, design, trademarks, logos, and proprietary technology, are owned by Capability or its licensors. You are granted a non-exclusive, non-transferable, revocable right to access and use the Services solely for internal business purposes during the active subscription term. You may not copy, modify, reverse engineer, or create derivative works based on the Services.

8. User Content & Data

Tenants retain ownership of all Content they upload or generate through the Services. By submitting Content, you grant Capability a limited license to host, store, process, and display such Content solely as necessary to provide the Services. Capability does not claim ownership over Tenant data. Upon termination of the subscription, Capability will delete or return Content in accordance with the subscription agreement and applicable law, unless retention is legally required.

9. Prohibited Conduct

• Unauthorised access to other tenants’ data or accounts
• Uploading illegal, harmful, or infringing content
• Attempting to disrupt or compromise platform security
• Using the Services for any unlawful purpose or in violation of export controls
• Reselling or redistributing access to the Services without authorisation

Violation may result in immediate termination of access and legal action.

10. Data Processing & Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Services, you acknowledge that Capability processes personal data as a Data Processor for Tenant-controlled information and as a Data Controller for account and security-related data. Tenants are responsible for providing End Users with appropriate privacy notices and obtaining consents where required.

11. Service Availability & Support

Capability strives to maintain high availability but does not guarantee uninterrupted, error-free operation. We reserve the right to perform scheduled maintenance, which will be communicated where feasible. Support requests should be directed to help@capability.work. Service level agreements (SLAs) may apply to enterprise subscriptions.

12. Termination & Suspension

Either party may terminate the subscription agreement in accordance with its terms. Capability may suspend access immediately if:

• There is a breach of these Terms
• Payment is overdue
• Capability believes continued access poses a security risk

Upon termination, the Tenant may request data export, and Capability will securely delete or return data as agreed, subject to legal retention obligations.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CAPABILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR MEET YOUR SPECIFIC REQUIREMENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPABILITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE FEES PAID BY THE TENANT IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Capability and its officers, employees, and affiliates from any claims, damages, losses, or expenses arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights by your Content or conduct.

16. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any dispute arising out of these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, unless otherwise agreed in writing. For Tenants located in the EU/UK, local mandatory consumer protections may apply.

17. Modifications to Terms

Capability may update these Terms from time to time to reflect changes in law, features, or operational needs. We will provide notice of material changes via email or platform notification. Continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.

18. Contact Information