These Terms of Use (“Terms”) govern access to and use of the Sospita HSE Platform (“Platform”), provided by SOSPITA YAZILIM LIMITED ŞİRKETİ (“Sospita”, “we”, “us”, or “our”). The Platform is intended primarily for organisational use. These Terms apply together with any applicable Order Form, commercial agreement, Master Services Agreement (“MSA”) and Data Processing Agreement (“DPA”).
1. Current Scope
The Platform is modular. The currently implemented modules covered by these Terms are Contractor Management, Incident Investigation & Root Cause Analysis, and Risk Assessment. Other modules may appear in product catalogs, roadmaps or marketing materials. A future or catalog-only module is not part of the customer’s contracted service unless and until it is made available and specifically enabled for that customer.
2. Organisation Administration
Customer organisations control memberships, groups, permissions, invitations and module access. The organisation is responsible for authorising users and external participants, assigning appropriate permissions, ensuring information entered into the Platform is accurate and lawfully processed, and maintaining appropriate organisational procedures, competencies and approvals outside the software. A worker or person record does not necessarily represent a Sospita user account.
3. Human Decision-Making
The Platform may support incident investigation and report issuance, risk-assessment finalisation and approval, contractor qualification and performance, mobilisation and site-access decisions, action verification and closure, and related HSE and operational records. Final approval, finalisation, assignment, closure, access, mobilisation and other operational decisions remain with authorised human users. The Platform does not independently make safety-critical or legally binding decisions on behalf of the customer.
4. Incident AI and Other AI-Assisted Features
Where AI functionality is enabled, it may assist with investigation questions, information gaps, barriers, possible causes, proposed actions, summaries or report drafts. AI suggestions are advisory. Investigators and authorised users decide what to accept, reject, edit or include in the official record. AI does not independently establish an official root cause, assign responsibility, close an action, finalise an incident report, change an incident status or make a final safety decision.
AI assists; people decide.
5. Safety and Professional Responsibility
The Platform is a professional workflow and decision-support tool. It does not replace qualified professional judgement, legal or regulatory duties, site inspection, engineering controls, competent-person assessment, organisational procedures or supervision. The customer is responsible for reviewing all outputs, records, calculations, recommendations and workflow results before using them for operational or safety decisions.
6. Customer Content and Records
Customer organisations and authorised users may create incident records, attachments, comments, contractor records, qualification records, risk assessments, reports and other operational information. The customer retains its rights in customer-provided content and grants Sospita the limited rights necessary to host, process, transmit, secure, back up and support that content for service delivery. The customer is responsible for ensuring that it has the legal authority to process personal and confidential information through the Platform.
7. Sospita Intellectual Property
Sospita retains all rights in the Platform software, system architecture, user interface, system methods, system templates, documentation, trademarks and other Sospita intellectual property. Customer organisations may be permitted to clone or adapt templates inside their own environment, but no ownership of Sospita’s underlying intellectual property is transferred.
8. Module Entitlements
Access to individual modules depends on the organisation’s entitlements. A module may have statuses such as trial, active, past due, suspended, cancelled or expired. Access may be restricted where the applicable entitlement no longer permits use. Billing terms, if any, are governed by the applicable Order Form or other commercial agreement.
9. Service Availability
Sospita does not guarantee uninterrupted or error-free operation. Customers must maintain appropriate operational contingency arrangements and must not rely on the Platform as the sole repository or control mechanism for information required for immediate safety-critical operations.
10. No Guarantee of Compliance or Outcome
To the maximum extent permitted by law, Sospita does not warrant that the Platform will identify every hazard, cause, control failure or compliance issue; prevent incidents; guarantee legal or regulatory compliance; ensure the professional adequacy of a customer’s assessment or investigation; or guarantee the accuracy of user-entered information.
11. Suspension and Termination
Sospita may suspend or restrict access where reasonably necessary for non-payment, material breach, unlawful use, security reasons or protection of the Platform and its users. Post-termination access, retention, return or deletion of customer information may also be governed by the applicable commercial agreement or DPA.
12. Liability
For B2B use and to the maximum extent permitted by law, Sospita will not be liable for indirect, consequential, special or loss-of-profit damages arising from use of the Platform. Unless otherwise stated in a signed agreement, Sospita’s aggregate contractual liability will not exceed the fees paid or payable by the affected customer for the Platform during the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
13. Privacy
Personal data is handled according to the Sospita Software Privacy Policy and, where applicable, the customer’s DPA. Current service providers may be described in the Subprocessors and Service Providers page.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Türkiye. For B2B disputes, the competent courts and enforcement offices of Diyarbakır, Türkiye will have jurisdiction unless mandatory law requires otherwise.
15. Contract Hierarchy
Where applicable: (1) signed Order Form or specifically negotiated commercial agreement; (2) MSA; (3) DPA for personal-data processing matters; (4) these Terms.
Contact
SOSPITA YAZILIM LIMITED ŞİRKETİ
Talaytepe Mah. 4035. Sokak
Güneşyapı Sunrise Garden Sitesi H Blok No: 27
21070 Kayapınar / Diyarbakır
Türkiye
Email: info@sospita.io