1. Agreement
These Terms of Service ("Terms") are a binding agreement between you or the entity you represent ("Customer", "you") and Odin QHSE B.V., a company registered in the Netherlands under KvK 42015253 ("Odin QHSE", "we", "us"). By accessing or using SIA you agree to these Terms.
If you have a signed Master Services Agreement with us, the terms of that MSA prevail over any conflicting provision here.
2. The service
SIA is a cloud-based platform for safety, asset and document management. Features include (but are not limited to) incident reporting, inspections, audits, risk assessments, asset register, document control, toolbox talks, action management and AI-assisted analytics. The service is delivered over the internet on a subscription basis.
3. Accounts
- You must provide accurate information and keep credentials confidential.
- You are responsible for activity under your accounts.
- You must be at least 18 and authorised to bind the entity you represent.
- Notify us immediately at security@odinqhse.com if you suspect unauthorised access.
4. Acceptable use
You agree not to:
- Use SIA for anything illegal or that infringes rights of others
- Reverse-engineer, resell or sublicense the service except as allowed
- Upload malicious code, probe for vulnerabilities (except under our disclosure policy) or disrupt the service
- Use the service to build a competing product
- Upload personal data you have no right to process
5. Your data
You own the data you upload to SIA. We only process it to deliver the service, as your processor under GDPR. Our privacy policy and a separate Data Processing Agreement set out how we handle personal data.
You can export your data at any time during the subscription and for 30 days after termination. After that we delete it from production within 30 days and from backups within the backup retention cycle.
6. Our intellectual property
SIA, its software, content, design and branding are owned by Odin QHSE. We grant you a non-exclusive, non-transferable right to use the service during your subscription. Nothing in these Terms transfers any ownership to you.
7. Subscriptions, fees and taxes
- Fees and billing frequency are set in your order form or on the pricing page
- Fees are exclusive of VAT and other applicable taxes
- Invoices are due within 30 days unless agreed otherwise
- Late payment may result in suspension after notice
- Fees are non-refundable except as required by law
8. Third-party services
SIA may integrate with third-party services (e.g. SSO providers, storage connectors). Your use of those services is governed by the respective provider's terms.
9. Confidentiality
Each party will protect the other's confidential information with the same care as its own (and at minimum reasonable care) and use it only to perform this agreement. This applies during and for three (3) years after termination, except for trade secrets which remain protected while they qualify as such.
10. Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care and in accordance with industry standards. Except as expressly stated, the service is provided "as is" without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy or uninterrupted availability.
SIA supports your safety programme but does not replace your operational judgement. Decisions about safety-critical work remain your responsibility.
11. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, punitive or special damages, lost profits or lost data. Our total aggregate liability under this agreement is limited to the fees you paid to us in the 12 months preceding the event giving rise to the claim.
This limitation does not apply to breaches of confidentiality, intentional misconduct or indemnification obligations, or where liability cannot be limited under Dutch law.
12. Indemnification
You will defend and indemnify us against third-party claims arising from your violation of law or these Terms, your data or your use of the service in breach of this agreement. We will defend you against third-party claims that SIA, as provided by us, infringes their intellectual property.
13. Term and termination
- These Terms apply while you use SIA.
- Either party may terminate for material breach not cured within 30 days of written notice.
- Subscription terms, renewal and cancellation are set in your order form.
- On termination: your right to access the service ends, outstanding fees become due, and data export/deletion follows section 5.
14. Changes to these Terms
We may update these Terms to reflect changes in our service or legal requirements. For material changes we provide at least 30 days' notice by email to account owners. Continued use after the effective date means you accept the changes.
15. Governing law and disputes
These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The courts of Amsterdam, the Netherlands, have exclusive jurisdiction over any dispute, except where mandatory law provides otherwise.
16. Contact
Questions about these Terms: legal@odinqhse.com
General: hello@odinqhse.com