Terms of Service

1. Acceptance of these Terms

By creating an account, accepting an invitation, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.

2. Eligibility and accounts

You must be at least 18 years old and provide accurate, complete account information. You are responsible for safeguarding your credentials and for all activity under your account, and you must notify us promptly of any unauthorized use. Administrators are responsible for the users they invite and the roles they assign within their organization.

3. Scribe is a recordkeeping tool — you remain responsible for compliance

Scribe helps you record, organize, and report workplace injury and illness information. It does not make OSHA compliance decisions for you. You — the employer — remain solely responsible for your recordkeeping and compliance determinations, including whether a given case is work-related and recordable, how it is classified, what must be logged on your OSHA 300, 300A, and 301 forms, and all filing, posting, certification, and electronic-submission (ITA) obligations and their deadlines. Any form, log, metric, or output the Service generates is a convenience based on the data you enter and is not legal, safety, medical, or regulatory advice and not a certification of compliance with any law or standard. Verify every output before you rely on, post, certify, or submit it.

4. Free trial

New organizations start with a 14-day free trial. A valid payment method is collected at signup. Unless you cancel before the trial ends, the trial automatically converts to a paid subscription on the plan you selected and the applicable fees are charged to your payment method at the end of the trial. You may cancel anytime during the trial from the billing portal to avoid being charged. We may modify or discontinue trials at any time.

5. Plans, seats, fees, auto-renewal, and taxes

The Service is offered on the following plans. Seats are billed by role class — Admin, Manager, and Reporter (a Reporter is a General User):

• Paid plans are billed in advance on a recurring monthly basis through our payment processor (Stripe). On the Growth plan, charges reflect the number of seats of each role class in use.
• Your subscription automatically renews at the end of each billing period at the then-current rate, until you cancel.
• You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period; you keep access until then. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial periods.
• If a payment fails, we may suspend or limit the Service after reasonable notice until the balance is paid.
• Fees are exclusive of taxes; you are responsible for any applicable taxes, which may be added at checkout or on your invoice.
• Enterprise plans are governed by a separate order form or agreement; where it conflicts with these Terms, that agreement controls for that customer.
• We may change prices or plans on reasonable notice; changes apply at your next renewal.

6. Customer Data and your responsibilities

As between you and us, you (and your organization) own the injury records, incident data, photos, and other content you submit (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and maintain the Service for you and as otherwise instructed by you. You are responsible for the accuracy and legality of Customer Data and for obtaining all rights and consents required to collect, upload, and process it — including any consent required to record employee injury and health information and to include individuals in photos you upload. A Data Processing Addendum is available for business customers. We may create and use aggregated or de-identified data (which does not identify you or any individual) to operate and improve the Service.

7. Acceptable use

You agree not to:

• use the Service in violation of any law or third-party rights;
• upload malicious code or content that is unlawful, infringing, or harmful;
• attempt to gain unauthorized access to the Service, other organizations’ data, or our systems, or probe or circumvent security, access controls, tenant isolation, or the role-based PII walls;
• attempt to re-identify a reporter who submitted a safety concern anonymously, except through the restricted process the Service provides for a legitimate legal or safety escalation;
• scrape, resell, sublicense, or build a competing product from the Service; or
• interfere with or disrupt the integrity or performance of the Service.

8. Intellectual property and feedback

The Service, including its software, design, and content (excluding Customer Data), is owned by Epitaph LLC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. All rights not expressly granted are reserved. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

9. Third-party integrations

The Service can connect to third-party products (for example, your own webhook endpoints). Your use of those products is governed by their terms, and we are not responsible for their availability or for how they handle data you direct us to send them.

10. Term, suspension, termination, and data export

You may stop using the Service and cancel at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends. For 30 days after termination, you may request an export of your Customer Data (the Service provides PDF, CSV, and file-download tools); after that window, we may delete Customer Data in the ordinary course, subject to any legal-retention obligations. Because injury records may be subject to multi-year OSHA retention duties, you are responsible for exporting and independently retaining the records you are required to keep. Sections that by their nature should survive termination (including Customer Data ownership, fees accrued, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

11. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, error-free, or secure, or that any record, form, or output will meet any legal or regulatory requirement.

12. Limitation of liability

To the maximum extent permitted by law, Epitaph LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, even if advised of the possibility. Epitaph LLC’s total liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Epitaph LLC from claims, losses, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law. We will notify you of the claim, and you will cooperate in the defense; we may participate with our own counsel.

14. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 16, the state and federal courts located in Pennsylvania will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.

15. Informal resolution first

Before starting an arbitration or filing in small-claims court, you agree to first contact us at legal@epitaph.llc and give us 30 days to resolve the dispute informally. Many disputes can be resolved this way.

16. Binding arbitration and class-action waiver

Please read this section carefully — it affects your legal rights. You and Epitaph LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration, and not in court, except as stated below. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Administrator and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms. The arbitration will be conducted in Pennsylvania, or by video or telephone where the rules allow, and judgment on the award may be entered in any court with jurisdiction.

Class-action waiver. All claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

Carve-outs. This section does not require arbitration of: (a) an individual claim brought in small-claims court that stays in that court; or (b) a request for an injunction or other equitable relief to stop actual or threatened infringement, misappropriation, or violation of intellectual-property rights, which either party may bring in a court located in Pennsylvania.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@epitaph.llc with your name, the organization you represent, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court; the rest of this section remains in effect.

17. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject (except a signed Enterprise order form, which controls for that customer).

Severability and waiver. If any provision is held unenforceable, the rest remain in effect, and our failure to enforce a provision is not a waiver.

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

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may provide notices to you by email or in-product; you may contact us at the address below. The parties are independent contractors, and no third party is a beneficiary of these Terms.

18. Changes to these Terms

We may update these Terms from time to time. We will revise the “last updated” date above and, for material changes, provide reasonable notice and may ask you to re-accept before continuing to use the Service. Your continued use after an update means you accept the revised Terms.

19. Contact us

Questions about these Terms? Contact Epitaph LLC at legal@epitaph.llc, [COMPANY ADDRESS — Epitaph LLC, Pennsylvania — TO BE SUPPLIED].