These Terms of Use (“Terms”) govern access to and use of Sospita SafeGuard (“SafeGuard”), provided by SOSPITA YAZILIM LIMITED ŞİRKETİ (“Sospita”, “we”, “us”, or “our”).
SafeGuard is intended primarily for organisational use. By accessing or using SafeGuard, the subscribing organisation and its authorised users agree to these Terms together with any applicable Order Form, commercial agreement, Master Services Agreement (“MSA”) and Data Processing Agreement (“DPA”).
1. Service
SafeGuard is a digital health, safety and operational workflow platform. Depending on the customer’s configuration and subscription, features may include Permit to Work workflows, risk assessment, observations, checklists, certificate checks, workflow approvals, simultaneous-operations information, announcements, comments, attachments and reporting.
Available functionality may depend on the customer’s plan, enabled features and configuration.
2. Organisational Accounts and Administration
The subscribing organisation is responsible for selecting and authorising users; assigning user groups, permissions and workflow responsibilities; maintaining accurate organisational and operational information; removing or restricting access when personnel change role or leave; and ensuring that its use of SafeGuard complies with applicable law, internal procedures and site requirements.
Users must keep credentials confidential and must not knowingly permit unauthorised access.
3. Safety and Professional Responsibility
SafeGuard is a decision-support and workflow-management tool. It does not replace competent-person assessment, site inspection, engineering or professional judgement, statutory permits or approvals, operational procedures and supervision, emergency controls, or applicable legal and regulatory requirements.
Hazards, precautions, checklists, certificates, risk ratings, approvals and other records must be reviewed for suitability to the actual activity and worksite. Final Permit to Work approvals and other operational or safety decisions remain with the authorised persons designated by the customer organisation.
4. Artificial Intelligence
Certain SafeGuard features may provide AI-assisted reviews, observations or recommendations. AI output is advisory only. It does not independently approve a permit, determine whether work is safe to proceed, replace an issuer, approver, supervisor, HSE professional or other competent person, or override the customer’s workflow or procedures.
Users must review AI-generated output before relying on it.
AI assists; people decide.
5. Customer Content
Customers and users may enter or upload operational records, comments, observations, documents, photographs, certificates, location-related information and other materials. The customer retains its rights in customer-provided content and grants Sospita the limited rights necessary to host, process, transmit, back up and otherwise handle such content solely to operate, secure and support the service.
The customer is responsible for ensuring it has the lawful authority to provide personal, confidential or third-party information to SafeGuard.
6. Sospita Intellectual Property
Sospita retains all rights in the SafeGuard software, platform architecture, user interface, system templates, default content, documentation, trademarks and other Sospita intellectual property. No ownership of the software or Sospita intellectual property is transferred to the customer.
7. Subscriptions and Billing
SafeGuard may be offered under organisational subscription plans with limits, billing intervals, trial periods or feature entitlements defined in the applicable commercial arrangement. Supported payment methods may include card payment through approved payment providers and bank transfer.
Where automatic renewal is stated at purchase or in the applicable commercial terms, the subscription may renew automatically unless cancelled in accordance with the applicable process. Unless otherwise agreed, cancellation takes effect at the end of the current paid service period.
Fees already paid are not automatically refundable after the paid service period has begun, except where required by law or expressly agreed in writing.
8. Suspension and Termination
Sospita may suspend or restrict access where reasonably necessary for non-payment, material breach of these Terms, unlawful or abusive use, security or fraud concerns, or protection of the service, users or other customers. Termination and post-termination data handling may also be governed by the customer’s Order Form, MSA or DPA.
9. Service Availability
We aim to provide a reliable service but do not guarantee uninterrupted, error-free or continuously available operation. Customers must maintain appropriate operational contingency arrangements and must not rely on SafeGuard as the sole means of retaining information needed for immediate safety-critical operations.
10. No Guarantee of Safety or Compliance
To the maximum extent permitted by law, Sospita does not warrant that SafeGuard will identify every hazard, prevent every incident, guarantee regulatory or legal compliance, verify the correctness of information entered by users, or ensure that a customer-configured workflow is legally or operationally sufficient for every jurisdiction or activity.
11. Liability
For B2B use and to the maximum extent permitted by law, Sospita will not be liable for indirect, incidental, consequential, special or loss-of-profit damages arising from use of SafeGuard. Unless otherwise stated in a signed agreement, Sospita’s aggregate contractual liability arising from SafeGuard will not exceed the fees paid or payable by the affected customer for the service during the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
12. Privacy
Personal data is handled in accordance with the Sospita Software Privacy Policy and, where applicable, the customer’s DPA. Current service providers may be described separately in Sospita’s Subprocessors and Service Providers information.
13. 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 a mandatory rule of law requires otherwise.
14. Contract Hierarchy
Where applicable, documents prevail in the following order in the event of inconsistency: (1) a signed Order Form or specifically negotiated commercial agreement; (2) the MSA; (3) the DPA for matters concerning personal-data processing; and (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