1. General Provisions and Acceptance of Terms
These Terms and Conditions ("Terms") govern access to and use of the HES SPACE software platform, including the website, administrative panel, mobile application, and related services, modules, and functionality (collectively, the "Platform").
HES Space is a SaaS platform designed to support the digital management of occupational health and safety, training, certification, documentation, inspections, audits, incidents, corrective actions, and related business processes.
By creating an account, accessing the Platform, or using the Services, a User confirms that they have read, understood, and agree to comply with these Terms.
If a person accepts these Terms on behalf of a company, organization, or other legal entity, that person represents that they have sufficient authority to bind that entity.
2. Definitions
"HES Space," "we," "us," and "our" mean the legal entity that owns and/or operates the HES Space Platform.
"Customer" or "Company" means an organization that purchases, orders, receives trial access to, or otherwise uses HES Space for its internal business operations.
"User" means an individual who has access to HES Space.
"Authorized User" means an employee, manager, contractor, consultant, or other individual whom the Customer permits to use the Platform.
"Company Admin" means a User to whom the Customer has granted administrative rights within the Customer's organization.
"Customer Data" means data, documents, records, forms, photographs, certificates, signatures, videos, comments, and other materials uploaded, created, or stored in HES Space by the Customer or its Users.
"Services" means the HES Space functionality made available under the applicable subscription plan, Order Form, or other commercial agreement.
"Order Form" means an order document, invoice, quotation, subscription agreement, or other document that specifies the commercial terms for use of HES Space.
3. Access Rights and Authority
The Customer may provide access to HES Space to its Authorized Users in accordance with its internal organizational structure and applicable subscription.
The Customer is responsible for determining who may access the Platform, assigning appropriate roles and permissions, removing access when it is no longer required, and ensuring that its Authorized Users use the Platform in accordance with these Terms.
HES Space may support roles including Super Admin, Company Admin, Head of Department, Supervisor, HSE Department Employee, Employee, and other roles that may be introduced or configured in the future.
The scope of access may depend on role, department, location, permissions, and the Customer's configuration.
4. Accounts and Security
Users must provide accurate and current information, protect the confidentiality of their login credentials, refrain from sharing accounts or using another User's account, and promptly report suspected unauthorized access.
Where the Platform supports biometric authentication, multi-factor authentication, or other security features, Users must not attempt to bypass those controls.
To the extent permitted by law, the Customer is responsible for activity conducted by its Authorized Users.
5. License and Permitted Use
Subject to compliance with these Terms, HES Space grants the Customer and its Authorized Users a limited, non-exclusive, non-transferable, and revocable right to use the Platform solely for the Customer's internal business purposes.
This right does not transfer ownership of HES Space, its software code, design, architecture, or intellectual property to the Customer.
Access may depend on the number of Users, locations, available storage, subscribed modules, subscription plan, and other parameters specified in the applicable commercial agreement.
6. HES Space Services
Depending on the subscription plan and stage of Platform development, HES Space may include employee, department, and location management; Documents / Company Library; Location Documents; Forms; Incident Reporting; Safety Opportunities; Near Miss Reporting; Inspections; Audits; Daily Hazard Assessments; Toolbox Talks; Observations; Corrective Actions; Training; quizzes; Certificates; Training Matrix; electronic signatures; notifications; dashboards; analytics; PDF generation; mobile applications; and other related functionality.
HES Space may periodically add, modify, or improve Platform functionality.
7. Customer Data and Customer Responsibility
Customer Data remains the property of the Customer or the applicable rights holder.
The Customer is responsible for the accuracy, completeness, currency, legality, quality, and reliability of data entered into the Platform by the Customer or its Authorized Users.
HES Space is not required to manually verify the accuracy of every document, certificate, incident report, inspection result, or other record.
The Customer represents that it has the necessary rights and lawful basis to upload and use Customer Data.
8. Health and Safety Responsibility
HES Space is a digital tool for organizing, documenting, and managing health and safety processes.
HES Space is not an employer, supervisor, constructor, competent person, certification body, legal adviser, engineering consultant, medical adviser, or substitute for professional health and safety advice.
Use of the Platform does not relieve the Customer, employer, supervisor, worker, or any other responsible party from duties imposed by applicable law.
The Customer remains responsible for identifying and complying with the legal and operational requirements applicable to its activities.
9. Incident Reporting, Inspections, and Audits
HES Space may be used to document Safety Opportunities, hazards, near misses, first aid incidents, medical aid incidents, lost time injuries, environmental incidents, motor vehicle incidents, property damage, and other categories.
Submitting an Incident Report in HES Space does not, by itself, establish that all statutory reporting obligations have been satisfied. The Customer is responsible for determining whether notification must be made to a regulator, workers' compensation authority, police, fire department, environmental authority, insurer, client, or other party.
Inspection or audit results, including automatically calculated scores, are internal management tools and do not constitute an automatic guarantee of legal or regulatory compliance.
10. Training, Certificates, and Competency
HES Space may allow Customers to create training programs, add training videos, create quizzes, assign training, set passing scores, generate certificates, store external certificates, track expiry dates, and use a Training Matrix.
The Customer is responsible for determining which training is required for each worker.
Completion of a course or issuance of a certificate through HES Space does not automatically establish worker competency where applicable law, a standard, or a procedure requires additional practical evaluation, supervision, or other verification.
Automated certificate-expiry reminders are an administrative support feature and should not be the Customer's sole compliance-control mechanism.
11. Documents and Electronic Signatures
HES Space may allow Customers to create folders, upload documents, assign documents to Users, request acknowledgements or electronic signatures, track Signed / Pending status, retain signed records, and generate PDF copies.
To support an audit trail, the Platform may retain User ID, User name, signature, date, time, the applicable document version, and relevant technical information.
HES Space does not represent that an electronic signature within the Platform will be legally sufficient for every type of document in every jurisdiction. The Customer is responsible for determining whether an electronic signature is appropriate for a particular document and for satisfying any special requirements under applicable law.
12. Intellectual Property
All rights in HES Space, other than Customer Data, remain with HES Space or the applicable rights holders.
HES Space intellectual property may include software, source code, backend architecture, APIs, databases, system structure, Builder functionality, interfaces, UI/UX, workflows, proprietary templates, logos, trademarks, documentation, know-how, updates, and improvements.
Use of the Platform does not grant a User ownership rights in those materials.
13. Aggregated and De-identified Data
HES Space may create aggregated or de-identified statistical data derived from use of the Platform for product analysis, feature improvement, benchmarking, usage-trend analysis, planning new functionality, and improving performance and security.
Such data must not be used to identify a specific employee or Customer.
Processing of personal information is governed by the separate Privacy Policy.
14. Feedback
If a Customer or User voluntarily provides suggestions, product ideas, feature requests, workflow recommendations, comments, or improvement proposals, HES Space may use and develop those general ideas to improve the Platform without an obligation to pay compensation or transfer ownership of resulting functionality.
This section does not transfer ownership of Customer Data, confidential business information, or Customer materials to HES Space.
15. Prohibited Use
Users must not attempt unauthorized access; bypass role permissions or security controls; access another company's data; share accounts with unauthorized persons; distribute malware; intentionally overload the Platform; reverse engineer the Platform except where expressly permitted by law; copy HES Space for the purpose of creating a competing product; unlawfully collect or export data; use HES Space for unlawful activity; or infringe third-party rights.
16. Third-Party Services
HES Space may use third-party technology providers for cloud hosting, email delivery, push notifications, authentication, payments, analytics, monitoring, file storage, and integrations.
Those services may be subject to their own terms, privacy policies, and service limitations. HES Space does not control the uninterrupted availability of every third-party service.
If a third-party integration creates a security, privacy, or operational risk, HES Space may temporarily restrict or disable that integration.
17. Subscription, Billing, and Renewal
Commercial terms for HES Space may be set out in a Subscription Plan, Order Form, Quote, Invoice, Service Agreement, or other written agreement.
Those documents may specify subscription fees, number of Users, modules, storage, subscription term, renewal, payment schedule, and applicable taxes.
If these Terms conflict with an Order Form regarding commercial terms, the Order Form will control with respect to that matter.
Failure to pay amounts when due may result in temporary restriction or suspension of access following appropriate notice, unless otherwise provided by agreement.
18. Availability, Maintenance, and Force Majeure
HES Space aims to provide reliable Platform availability but does not guarantee uninterrupted operation at all times.
Temporary disruption may result from scheduled or emergency maintenance, software updates, infrastructure failures, third-party outages, cybersecurity incidents, internet or telecommunications failures, power failures, governmental actions, natural disasters, or other circumstances beyond HES Space's reasonable control.
HES Space will use reasonable efforts to restore affected Services within a reasonable period.
19. Suspension, Termination, and Data Export
HES Space may temporarily suspend access where the Customer materially breaches these Terms, a genuine security risk exists, use threatens Platform stability, unlawful activity is identified, amounts remain overdue, or suspension is required by law.
When a subscription ends, the right to use the Platform ends.
Before termination or during an applicable post-termination period, the Customer should be able to export Customer Data where supported by the Platform or required by the applicable agreement.
A 30-day period following termination is provided for Customer Data export. After that period, Customer Data may be deleted in accordance with the Privacy Policy, retention policy, applicable agreements, and law.
20. Disclaimer of Warranties
To the maximum extent permitted by law, HES Space is provided on an "as is" and "as available" basis.
HES Space does not warrant that the Platform will be completely error-free or continuously available; that every feature will satisfy the requirements of every jurisdiction; that use of the Platform will automatically ensure regulatory compliance; that use of HES Space will prevent all workplace incidents; that all Customer Data will be accurate; or that every automated reminder will be successfully delivered.
21. Limitation of Liability and Indemnification
To the maximum extent permitted by law, HES Space will not be liable for indirect, special, incidental, or consequential losses, including loss of profits, business opportunities, goodwill, or other indirect economic loss arising from use of, or inability to use, the Platform.
The aggregate liability of HES Space shall not exceed the fees actually paid or payable by the Customer for HES Space during the 12 months immediately preceding the event giving rise to liability.
To the extent permitted by law, the Customer is responsible for third-party claims arising from unlawful use of the Platform, Customer Data, infringement of third-party rights, material breach of these Terms, or acts of Authorized Users where the claim results from the Customer's or its Authorized Users' acts or omissions.
22. Privacy
HES Space's processing of personal information is governed by a separate Privacy Policy.
The Privacy Policy describes the categories of information collected, purposes of processing, disclosures to service providers or other parties, storage and retention practices, security safeguards, User rights, and the use of service providers.
23. General Legal Provisions
Survival. Provisions concerning intellectual property, Customer Data ownership, payment obligations, confidentiality, limitation of liability, indemnification, dispute resolution, and governing law survive termination to the extent required by their nature.
Relationship. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency relationship between HES Space and the Customer.
Assignment. The Customer may not assign its rights under these Terms without HES Space's prior written consent unless otherwise provided by a separate agreement. HES Space may assign these Terms in connection with a merger, acquisition, reorganization, or sale of a material portion of its business, subject to applicable law.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
Waiver. Failure to exercise a right does not constitute a waiver of that right in the future.
Entire Agreement. These Terms, together with the Privacy Policy, Order Form, Subscription Agreement, and other documents expressly incorporated into them, form the contractual basis for use of HES Space.
24. Changes to These Terms
HES Space may update these Terms from time to time. Each version should identify its Version Number and Effective Date.
For material changes, HES Space may notify Users by email, in-app notification, Admin Panel, or another appropriate channel.
Where appropriate, Users may be required to accept the updated Terms again. The Platform may retain User ID, Terms Version, Acceptance Date, and Acceptance Time.
25. Governing Law
Unless an Order Form or separate written agreement provides otherwise, these Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
26. Contact Information
Questions regarding these Terms may be directed to:
HES Space
Legal / Support Email: office@hes.group