PLEASE READ THESE LICENCE TERMS CAREFULLY Who we are and what this agreement does
We Safe Forestry Limited (SC643137) of Dunbeg House, Ness Castle, Inverness, Scotland, IV2 6DJ license you to use:
- The Safe Forestry mobile and website application software, the data supplied with, or uploaded to, and held in the software, (App) and any updates or supplements to it.
- The related online documentation (Documentation).
- The service you connect to via the App and the content made available to you through it (Service),
as permitted in these terms.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Notice and it is important that you read that information.
You acknowledge that information you upload to the App may be made available to authorised users of the App including site managers, employers, contractors, clients and other authorised personnel, in accordance with the functionality of the App and our Privacy Notice.
Third-party app store terms also apply
The ways in which you can use the App and Documentation may also be controlled by the app store from which you downloaded the App (the App Store), including Apple’s App Store Terms and Conditions and the Google Play Terms of Service. To the extent that there is any conflict between these Terms and the App Store’s terms, conditions, rules or policies, the App Store’s terms, conditions, rules or policies shall prevail.
Operating system requirements
The mobile-based version of the App is designed to work on mobile devices, including smartphones and tablets. It is not designed to work on other smart devices such as smartwatches or smart TVs. The App can operate on both Apple and Android operating
systems and will regularly be updated to align with current versions of these operating systems.
The web-based version of the App is accessible on all commonly used internet browsers including Edge, Firefox, Safari and Opera.
Support for the App and how to tell us about problems
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed, or wish to contact us for any other reason, please contact us using our online contact form at Contact Us – Safe Forestry.
How we will communicate with you. If we need to contact you in relation to your use of our App, we will do so by email, by SMS, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download, install and use a copy of the App on any compatible device that you own or control, and view, use and display the App and the Services on such device;
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out through your account.
You must ensure that all information provided when creating and maintaining your account is accurate and kept up to date.
You must not allow any other person to use your account or access the App using your login credentials.
You must be 16 to accept these terms and buy the App
You must be 16 or over to accept these terms and buy the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Services as set out above. You may not transfer the App or the Services to someone else, whether for money, for anything
else or for free. If you sell or otherwise dispose of any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in applicable law, regulatory requirements or industry best practice, or to deal with additional features, functionality, products or services that we introduce.
We will give you at least 30 days’ notice of any change by notifying you through the App, by SMS, email or by other appropriate means.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Services and should stop using them.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will match the description of it provided to you when you downloaded it. You are responsible for ensuring that your device meets the minimum system requirements specified for the App.
If someone else owns the device you are using
If you download or stream the App onto any other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
You must not:
- use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms,
- act fraudulently, deceptively or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- infringe our intellectual property rights or the rights of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- interfere with attendance monitoring, location tracking or safety-related functionality;
- use the App or Services in any way that may expose us, the App, the Services or other users to legal, regulatory, security or reputational risk; and
- impersonate any other person, misrepresent your identity, qualifications, certifications, competency records or authority, or use another person’s account when accessing or using the App or Services.
User Content
You are solely responsible for all information, documents, qualifications, certifications, competency records, training records, continuing professional development records, work history, photographs, comments, incident reports, risk assessments, attendance, check-in and check-out records and other content or records that you upload, submit, store or otherwise make available through the App or Services (User Content).
You warrant that:
- you own or have obtained all rights, permissions and consents necessary to upload and make available the User Content through the App and Services;
- the User Content does not infringe any intellectual property rights or privacy rights of any third party, and does not include any confidential, proprietary or commercially sensitive information belonging to another person or organisation (unless you have their authority to do so);
- the User Content will not include any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- all User Content uploaded by you is accurate, complete and not false, misleading or fraudulent, and is kept up to date where appropriate, and any information that becomes inaccurate, expired or invalid will be promptly removed;
- User Content will not include any forged, altered, invalid, expired or misleading qualification, certification, licence, training record or competency record;
- the User Content complies with all applicable laws.
Where User Content includes photographs:
- the photographs should relate to forestry operations, sites, equipment, work undertaken, environmental conditions, incidents, hazards or other legitimate operational purposes; and
- you must not upload photographs of yourself or other identifiable individuals unless doing so is the photograph is reasonably necessary for such a purpose and you have all necessary permissions and lawful authority to upload it.
You are responsible for ensuring that any incident reports, risk assessments, observations or health and safety records submitted through the App are accurate to the best of your knowledge.
We may review, restrict access to, suspend or remove any User Content where we reasonably believe that it breaches these Terms, infringes the rights of a third party or may expose us, the App or other users to legal, regulatory or reputational risk.
App functionality and Services
- We do not independently verify any User Content uploaded by users and cannot guarantee its accuracy.
- Location and background tracking: The App uses location information collected from your device to perform background tracking.
- The App collects and processes geolocation data, including latitude and longitude coordinates, for operational, workforce management, health and safety and lone worker protection purposes as described in our Privacy Notice. This means that your supervisor will be able to track your location from the web-based version of the App.
- Once you sign out of the App, background tracking is stopped and the App stops recording your location.
- Disabling location services will prevent the App from functioning correctly.
- Incident reporting and safety information: The App may allow users to record hazards, risks, incidents, observations and other health and safety information.
- The App is an information recording and management tool only and we do not monitor incident submissions.
- Uploading information to the App does not constitute notification to emergency services, regulators, employers, site managers or any other person who may need to take action in response to a reported incident.
- Where immediate assistance is required, users should follow applicable emergency procedures and contact the appropriate emergency services or responsible personnel directly.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Licence to User Content
You retain ownership of any User Content uploaded by you.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, reproduce, adapt and make available User Content to the extent reasonably necessary to provide, maintain, operate, improve and support the App and Services and to make such User Content available to authorised users in accordance with the functionality of the App.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the
damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App and Services are intended for use by individuals and organisations operating within the forestry and related sectors. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided as a digital forestry management, workforce management and information-recording platform. While we make reasonable efforts to maintain the availability of the App and Services, they are not a substitute for professional judgement, site supervision, legal compliance obligations, health and safety management systems or emergency procedures. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this agreement and where you may bring legal proceedings
These terms are governed by the laws of Scotland and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England, you can bring legal proceedings in respect of the App and Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the App and Services in either the Northern Irish or the Scottish courts.
