Safety Signal Scan Agreement

This agreement is between Joel Stjean, carrying on business as Proactix Safety, a registered British Columbia sole proprietorship (“Proactix”) and the organization identified by the person accepting it (“Customer”). It applies to a Safety Signal Scan purchased through a Proactix checkout or order record.

By selecting the acceptance control and continuing, the person accepting represents that they are at least 18 years old and authorized to bind Customer. That action is an electronic signature and forms the agreement on the acceptance timestamp retained by Proactix. Customer can open, print, or save every incorporated document before accepting.

The checkout or order record, this agreement, the Security & Trust Addendum, and the Acceptable Use Policy form the contract. The Privacy Notice explains Proactix’s handling of personal information. A signed order controls commercial particulars it expressly changes, this agreement controls the service, and the Security & Trust Addendum controls data-security and processing matters.

Proactix will perform one bounded, document-based safety-intelligence review for the company and work group in Customer’s account or order. The standard Scan accepts up to the supported document limit shown at checkout, currently 300 supported source documents, and produces a professional written report in Customer’s workspace.

The report may identify evidence-supported themes, control weaknesses, reporting-quality issues, ranked action opportunities, traceability, confidence, and limitations. Scope, supported formats, capacity, and written additions are fixed by the server-authoritative offer and order record. Corrupt, illegible, unsafe, unsupported, duplicative, or out-of-scope material may be rejected and does not expand the service.

The Scan is a point-in-time review of records actually received. It is not continuous monitoring, an audit, certification, legal opinion, engineering review, formal incident investigation, regulatory filing, or site inspection unless an authorized written order expressly says otherwise.

• Provide accurate account, company, billing, scope, and operational context.
• Upload only records Customer is authorized to provide and remove unnecessary personal, medical, disciplinary, human-resources, union, legal, financial, or similarly sensitive information.
• Protect account credentials and promptly report suspected unauthorized access.
• Review the report for accuracy, context, practicality, and site suitability before relying on or implementing it.
• Remain responsible for supervision, hazard assessment, controls, training, emergency response, incident investigation, regulatory reporting, and every final workplace-safety decision.

The price, currency, capacity, credits, and applicable taxes are those shown in the server-generated checkout or signed order. The browser cannot select or change them. Payment is due before processing, and access is granted only after payment is independently verified.

Except where law requires otherwise, fees are non-refundable after substantive review begins. If Proactix cancels before substantially delivering the Scan for a reason not caused by Customer, Proactix will refund the unearned portion. Chargebacks and refunds do not authorize alteration of required transaction or audit evidence.

Proactix will use commercially reasonable efforts to deliver within any estimate shown in the order or workspace. Estimates depend on timely receipt of usable records and context and are not guaranteed deadlines unless a signed order expressly says so.

Customer should report a material delivery defect within 10 business days and provide enough detail to reproduce it. As Customer’s primary remedy for a verified failure to materially meet the written scope, Proactix will use reasonable efforts to correct or re-perform the affected portion.

Proactix provides decision support, not professional legal, engineering, medical, regulatory, or certified occupational-safety advice. Automated and AI-assisted analysis can be incomplete, inaccurate, or contextually wrong. The Scan does not replace competent people, lawful processes, or Customer’s safety management system.

Proactix does not promise to identify every hazard, control weakness, record, trend, or legal duty, or to prevent an incident, injury, loss, enforcement action, or interruption. Customer must investigate urgent conditions and act on immediate danger without waiting for the Scan.

Customer owns its source records and Customer-specific data. Proactix owns its software, models, methods, scoring logic, templates, report structures, workflows, documentation, and other pre-existing or generally applicable intellectual property.

After payment, Customer may use and copy the delivered report internally for safety operations and share it with legitimate advisers, insurers, regulators, or contractors under appropriate confidentiality. Customer may not resell it, remove source or limitation notices, or use Proactix intellectual property to create a competing service.

Each party will protect the other’s non-public information using reasonable care and use it only for the service, support, security, payment administration, enforcement, or law. Duties do not cover information lawfully known without restriction, independently developed, made public without breach, or required to be disclosed.

The Security & Trust Addendum governs Customer Content, service providers, safeguards, incidents, export, retention, and deletion. Proactix will not sell Customer Content or publish Customer-identifiable results, names, or logos without written permission.

Proactix may pause work when payment cannot be verified, data authority is uncertain, records create material security or legal risk, Customer exceeds scope, Customer breaches the Acceptable Use Policy, or continuing would be unsafe or unlawful. Proactix will give reasonable notice where practicable and restore service when the cause is cured.

Either party may terminate for an uncured material breach after reasonable written notice. Termination does not erase accrued payment duties, confidentiality, ownership, permitted retention, limitations, dispute terms, or provisions that must survive.

Each party warrants its authority. Proactix warrants professional and workmanlike performance using commercially reasonable care. Except for that express warranty and to the extent permitted by law, the service and outputs are provided “as is” and “as available,” without implied warranties of merchantability, fitness, non-infringement, uninterrupted availability, completeness, or a particular outcome.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profit, revenue, production, goodwill, or data. Proactix’s total liability arising from the Scan will not exceed the amount Customer paid for it.

The exclusions and cap do not apply to fraud, wilful misconduct, a party’s infringement of the other’s intellectual property, Customer’s payment obligation, or liability that law does not permit the parties to limit.

Neither party may assign without consent except to a successor that assumes this agreement in a merger, reorganization, or sale of substantially all relevant assets. Proactix may use service providers under the Security & Trust Addendum and remains responsible for its duties.

Neither party is responsible for delay beyond reasonable control where it reasonably mitigates and resumes. Notices may be sent electronically to the account or order contacts in a retainable form.

British Columbia law and applicable federal Canadian law govern. The parties will first try good-faith business resolution; subject to mandatory law, proceedings will be brought in British Columbia.

This is the entire Scan agreement. Amendments require authorized written or electronic acceptance. Waiver must be express; an invalid provision is limited rather than invalidating the rest; headings are for convenience; no third party is a beneficiary.

Contract, support, privacy, and deletion requests may be sent to Joel.proactix@gmail.com. Do not email sensitive safety records; use the authenticated upload path.