THE AGREEMENT AND THE PARTIES – TERMS AND CONDITIONS OF SERVICE

Last updated: 25/05/2018

1. INTRODUCTION

• These general terms and conditions govern the Free Trial and/or Purchase and/or Use of services purchased by the Customer from 4HSE. By selecting (or checking) the acceptance box and/or completing and signing the order form referring to this agreement, the Customer declares (i) to have received a copy of the below general terms and conditions (hereinafter also T&C) and/or to have downloaded a copy from the 4HSE website, (ii) to have read and understood its content, and (iii) to accept its content in its entirety.
• If the Customer is a legal entity other than an individual, the declarant and/or signatory of this agreement attests and guarantees to have all necessary powers and authority to bind such entity and its affiliates to these terms and conditions, assuming full responsibility in case of false declaration.
• The website and the online software associated with the Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws. 4HSE does not allow the activation and/or use of its services for monitoring and/or copying and/or testing the services provided by 4HSE, or for comparative analysis not commissioned by 4HSE itself. Therefore, 4HSE reserves the right to suspend the provision of the service and access to its products whenever there is even a suspicion of such activities.
• 4HSE may modify and/or update its T&C from time to time without prior notice or acceptance by the Customer. In the case of contracts with automatic renewal, such changes will become effective only from the first automatic renewal following the modification, provided the Customer has been given sufficient time to terminate the contract as per the agreed terms. The Customer is responsible for checking for any changes to the T&C in time to terminate the contract if necessary.

2. DEFINITIONS

For the purposes of this agreement:

• T&C: terms and conditions of the services provided by 4HSE to the customer.
• 4HSE: 4HSE Srl, headquartered in San Martino Buon Albergo (VR), Viale del Lavoro 45 – Italy. VAT No. 04451130233.
• Customer: the contracting party of 4HSE services.
• SaaS (Software As A Service): a software distribution model based on client-server technology and entirely web-based, requiring only an internet connection and a web browser for operation.
• “Cloud”: a set of technologies that allow data storage/processing through distributed and virtualized hardware/software resources on the internet.
• “4HSE”: the proprietary product developed and maintained by 4HSE Srl, subject to these Terms and Conditions. 4HSE SaaS is a workplace safety management platform, operating exclusively online via a web browser.
• “Trial”: the trial period of the 4HSE SaaS product with a predefined maximum duration set by 4HSE.
• “Active Users”: registered users in the project.
• “Subscriptions, Plans”: subscription plans for 4HSE SaaS.
• “Project”: the individual safety project associated with the customer.
• “User Plans”: subscription packages based on active users.
• “Services”: 4HSE SaaS products and/or services commissioned by the Customer through a trial activation or a dedicated order form.
• “Customer Data”: digital data and information provided by the customer for the purchase and/or operation of the 4HSE SaaS service.
• “Customer Content”: digital content owned by the customer and used within 4HSE SaaS.
• “Documentation”: user manuals, technical support documentation, and training materials provided by 4HSE staff, available on www.4hse.com and related websites.
• “Self-provisioning”: self-service activation mode of the 4HSE SaaS service.
• “Pro-rata”: proportional quota recalculated based on a 12-month (365 days) or 1-month (31 days) period in case of subscription plan upgrades.
• “SLA”: Service Level Agreement, specifying the service levels guaranteed by 4HSE to paying customers regarding the availability of the 4HSE SaaS service.

3. SERVICE REGISTRATION

1. To use the Services, the Customer must have a valid 4HSE account, obtainable by registering on www.4hse.com and providing all required information, including a valid email address (“Registration Data”). The Customer can then choose a name for their “Project.”
2. Users are responsible for maintaining the confidentiality of their account credentials (username/password) and are fully responsible for all activities conducted under their account.
3. The user agrees to: (a) provide truthful, accurate, updated, and complete information as required by the registration form, (b) promptly update the Registration Data, (c) immediately notify 4HSE of any unauthorized account use or security breach, and (d) log out of their account at the end of each session.
4. 4HSE is not obligated to verify the data provided by the Customer. However, if 4HSE determines or suspects that the information is false, inaccurate, outdated, or incomplete, it may suspend or close the account and deny any current or future use of the Services.
5. 4HSE is not liable for any loss or damage resulting from non-compliance with this section.

4. 4HSE SERVICES TRIAL PERIOD

To allow the Customer to evaluate 4HSE services, a free trial account (Trial) may be authorized for a limited time, during which the Customer can:

• Import and manage users without limitations.
• Import and manage active users without limitations.
• Manage risk sources, risks, PPE, and other features provided by 4HSE.
• Submit technical support requests via the contact panel within the 4HSE platform or by email.

If multiple Trial versions are activated by the same Customer or user, 4HSE reserves the right to terminate access to all subsequent activations and delete all associated data. If the Customer does not purchase one or more 4HSE products by the end of the trial period, all data, information, and configurations will be deleted permanently.

5. PURCHASING PAID SERVICES

The Customer can purchase one of the user plans offered by 4HSE for the 4HSE SaaS product. Payment can be made via credit card for monthly or annual plans or via bank transfer for annual or multi-year plans. Activation occurs upon payment receipt.

6. NON-PAYMENT

In case of non-payment, 4HSE may immediately suspend or terminate the Services without notice. Prolonged non-payment may result in contract termination.

7. CANCELLATION OF PAID PLANS

Customers can disable automatic renewal at any time through the 4HSE platform. Cancellation becomes effective at the end of the current contract period.

8. USE OF SERVICES – 4HSE RESPONSIBILITIES

4HSE is committed to providing support, ensuring service availability, and complying with applicable laws. However, it is not liable for issues caused by the Customer’s hardware, software, or internet connection.

9. DATA PROTECTION

4HSE ensures the security, confidentiality, and integrity of Customer Data and will not modify it unless explicitly requested.

10. USE OF SERVICES – CUSTOMER RESPONSIBILITIES

The Customer guarantees compliance with this Agreement, the accuracy of provided data, and the lawful use of 4HSE Services.

11. PRICES

Prices are subject to change. The Customer agrees to consult the updated price list before purchase or renewal.

12. SUPPORT AND SERVICE LEVELS

Support is provided as per the attached SLA table.

13. USE OF LOGOS, CASE STUDIES, AND SCREENSHOTS

The Customer authorizes 4HSE to include their logo, name, and project details in its portfolio.

14. PRIVACY

Refer to the Privacy Policy.

15. GOVERNING LAW AND DISPUTES

This Agreement is governed by Italian law. Disputes will be resolved through the Verona Chamber of Commerce or the Verona Court.

Appendix A: Help Desk and Support

Note: ETA compliance depends on the Customer providing all necessary information for accurate diagnosis.