PREVENTIQ — TERMS OF USE

Effective Date: [Month Day, Year]

These Terms of Use (the “Terms”) are a binding agreement between  “PreventIQ, LLC”, “we,” “us,” or “our”) and any person or entity that accesses or uses our websites, applications, content, products, or services, including training, templates, toolkits, webinars, and related materials (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

Quick Summary (non‑contractual): You’re responsible for how you use our general information, training, and templates. We are not your lawyers or safety consultants. Our content is educational, not legal, regulatory, or security advice. You must tailor it to your operations and consult qualified counsel or safety professionals to ensure compliance (including with California Labor Code § 6401.9 (SB 553) and any other laws).

1. Eligibility; Business Users

You represent that you are at least 18 years old and have authority to bind your employer or the entity you represent. If you create an account for an entity, “you” means that entity.

2. Changes to the Terms and Services

We may update these Terms and modify or discontinue any part of the Services at any time. We will post changes with a new Effective Date and, when required by law, provide additional notice. Your continued use after changes become effective constitutes acceptance.

3. Accounts, Access, and Security

  • You must provide accurate registration information and keep credentials confidential. You are responsible for all activity under your account.

  • We may suspend or terminate access for suspected misuse, security risk, non‑payment, or violation of these Terms.

  • You agree to promptly notify us at Info@PreventIQ.org of any unauthorized use or security incident.

4. Subscriptions; Fees; Trials; Taxes

  • Some Services are offered on a paid subscription basis (e.g., Essentials / Professional / Enterprise), while others may be one‑time purchases (e.g., checklists, templates, recorded trainings) or live sessions.

  • Fees, billing intervals, and scope are shown at purchase. All amounts are due in advance and processed by our payment processor (e.g., Stripe) under its terms. You authorize recurring charges until you cancel as allowed by your plan.

  • Unless stated otherwise in a written Order, fees are non‑refundable. You may cancel future renewals by following the in‑product cancellation flow or contacting Info@PreventIQ.org before the next billing date.

  • Prices exclude taxes. You are responsible for all applicable taxes, duties, and government charges.

5. Training Content; Recordings; Attendance

  • We may offer live or recorded training (including bilingual sessions). We may record sessions for quality, compliance, and on‑demand access. By attending, you consent to being recorded. If you submit questions or participate, you grant us the right to display and incorporate your participation into the recording.

  • We may issue certificates of completion to attendees. Certificates reflect attendance only and are not a certification of compliance or competence.

6. No Legal, Regulatory, or Safety Advice

  • The Services provide general information (similar to legal information libraries such as Justia or FindLaw) and training intended to help you understand requirements and implement internal policies. We are not a law firm and do not provide legal services. Nothing in the Services is legal advice, regulatory compliance advice, security advice, occupational safety advice, or a legal opinion.

  • California SB 553 / Cal/OSHA Disclaimer. Our SB 553 materials (including any Workplace Violence Prevention Plan (WVPP) templates) are general frameworks that must be tailored to your workplace, workforce, and risk profile. Statutes, regulations, standards, and agency guidance change frequently. You are solely responsible for verifying current requirements and for your implementation, training, recordkeeping, and enforcement. Consult qualified counsel and safety professionals.

  • No Agency Affiliation. We are not affiliated with Cal/OSHA, OSHA, or any government agency and make no claim of approval or endorsement.

7. Customer Data; Confidentiality

  • Customer Data means data, documents, and information you provide to the Services (e.g., incident logs, policies, employee lists). You retain all rights in Customer Data. You grant us a non‑exclusive, worldwide, royalty‑free license to host, process, transmit, display, and use Customer Data to provide and improve the Services and to comply with law.

  • We will maintain commercially reasonable administrative, technical, and physical safeguards for Customer Data.

  • We will treat Customer Data as confidential and use it only as permitted by these Terms. This Section does not restrict disclosures required by law, subpoena, or court order.

8. Privacy; Data Processing

Your use of the Services is subject to our Privacy Policy located at [link to Privacy Policy]. If we process personal data for you as a “processor” or “service provider,” a Data Processing Addendum (DPA) may apply; if so, the DPA is incorporated by reference.

9. Intellectual Property; Limited License

  • The Services and all content, designs, templates, text, graphics, logos (including the PreventIQ marks), software, and recordings are owned by us or our licensors and are protected by intellectual‑property laws. We reserve all rights not expressly granted.

  • License to You. Subject to these Terms and any applicable Order, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services for your internal business purposes during the applicable subscription term.

10. User Content; Feedback

If you submit content (e.g., testimonials, suggestions, forum posts), you represent you have all rights to do so and grant us a perpetual, irrevocable, worldwide, royalty‑free license to use, reproduce, modify, distribute, publicly display, and create derivative works from such content for operating, improving, and marketing the Services. We will not disclose Customer Data as marketing without your written consent.

11. Acceptable Use

You will not (and will not permit anyone to):

  1. Copy, modify, translate, or create derivative works of the Services, except as expressly allowed (e.g., customizing templates for your internal use).

  2. Reverse engineer, decompile, or attempt to extract source code.

  3. Sell, sublicense, rent, lease, or provide the Services to third parties as a service bureau.

  4. Scrape, harvest, or use automated means (including bots) to access the Services without our written permission.

  5. Introduce malware or interfere with the integrity or performance of the Services.

  6. Use the Services to violate law, infringe rights, or for high‑risk activities where use could lead to death, personal injury, or severe environmental or property damage.

  7. Misrepresent training completion, compliance status, inspection readiness, or government approval.

12. Third‑Party Services; Links

The Services may link to or interoperate with third‑party websites, platforms, AI tools, video conferencing, or payment processors. We do not control and are not responsible for third‑party services. Your use of them is governed by their terms and privacy policies.

13. Beta, Free, or Trial Features

We may offer beta or evaluation features. They are provided “AS IS” without warranties and may be modified or discontinued at any time.

14. Publicity

We may list your entity name and logo as a customer on our website and sales materials; you may revoke this right by emailing Info@PreventIQ.org. We will not disclose Customer Data without your consent.

15. Copyright; DMCA

If you believe content on the Services infringes your copyright, send a notice to our
Address: 38700 37Th St. E, Palmdale, CA 93550
Email: Info@PreventIQ.org
Phone: (877) 502-0136

Your notice must meet 17 U.S.C. § 512(c)(3) requirements. We may remove content and terminate repeat infringers.

16. Export; Sanctions; Anti‑Corruption

You will comply with U.S. and other applicable export controls and sanctions. You represent you are not located in, or a resident of, a restricted country or on a denied‑party list. You will comply with anti‑corruption laws (including the FCPA and UK Bribery Act) and will not offer improper payments in connection with the Services.

17. Government Rights

If provided to a U.S. Government end user, the Services are “commercial computer software” and related documentation subject to restricted rights under applicable regulations.

18. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR COMPLETE, OR ENSURE COMPLIANCE OR A PARTICULAR OUTCOME (INCLUDING PASSING ANY INSPECTION OR AVOIDING CITATIONS, FINES, OR INCIDENTS).

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICES CAUSING THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR $1,000, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

20. Indemnification

You will defend, indemnify, and hold harmless PreventIQ and its affiliates, officers, directors, employees, and agents from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) Customer Data; (c) your violation of these Terms or law; or (d) your alleged or actual failure to comply with regulatory obligations, including SB 553.

21. Term; Termination

These Terms remain in effect while you access the Services. We may terminate or suspend access immediately if you breach these Terms or for cause. Upon termination, your license ends and you must stop using the Services. Sections intended to survive (including 6, 7–11, 14–22, and 24–26) will survive.

22. Refunds; Cancellations; Chargebacks

Except as required by law or expressly stated in an Order, all fees are non‑refundable. You agree not to initiate chargebacks without first providing us an opportunity to resolve billing issues.

23. Notices; Electronic Communications

We may provide notices by email to your account email, by posting within the Services, or by posting to our website. You consent to receive communications electronically and agree that such communications satisfy any legal requirement for written notice.

24. Dispute Resolution; Arbitration; Class‑Action Waiver (U.S.)

Please read this carefully. It affects your rights.

  • Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The seat of arbitration will be [County, California], and proceedings may be conducted remotely.

  • Class‑Action Waiver. You and we agree that claims may be brought only in your or our individual capacity and not as a plaintiff or class member in any putative class, collective, or representative proceeding.

  • Exceptions. Either party may bring individual claims in small‑claims court and may seek injunctive relief in court for misuse of intellectual property or breach of confidentiality.

  • Opt‑Out. You may opt out within 30 days of first agreeing to these Terms by emailing [legal@yourdomain] with subject “Arbitration Opt‑Out” and your account details. Opting out does not affect other provisions.

25. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflicts‑of‑law rules, and applicable U.S. federal law.

26. Miscellaneous

  • Entire Agreement. These Terms, any Order, DPA, and policies referenced herein constitute the entire agreement and supersede prior agreements.

  • Order of Precedence. If there is a conflict, an executed Order or Master Services Agreement controls, then these Terms, then policies.

  • Assignment. You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

  • Severability; Waiver. If any provision is unenforceable, the remaining provisions remain in full force. Failure to enforce is not a waiver.

  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

  • Headings. Headings are for convenience only and do not affect interpretation.

  • Language. A Spanish translation may be provided for convenience; in any conflict, the English version controls.

27. Contact

[Company Legal Name]
Address: 38700 37Th St. E, Palmdale, CA 93550
Email: Info@PreventIQ.org
Phone: (877) 502-0136

Acknowledgment: By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms.

Optional Addenda (attach if applicable)

  1. Data Processing Addendum (DPA) — for customers that require a processor agreement (CCPA/GDPR).

  2. Service Level & Support Policy — response times, maintenance windows.

  3. Acceptable Use Policy (AUP) — expanded technical restrictions.

  4. Refund & Cancellation Policy — if you offer trial periods or prorations.

  5. U.S. State‑Specific Disclosures — California “service provider”/consumer notices, Virginia, Colorado, etc.