Terms of Service

The Service

DriftCore provides software to record, organise and report on employee training, competency and related information for mining and industrial operations.

Compliance responsibility (important)

DriftCore is a record-keeping and management tool. It does not provide legal, safety, or regulatory advice and is not a substitute for the Customer's own compliance programme. The Customer is solely responsible for: (a) determining the training, certification and competency requirements that apply to its operations; (b) the accuracy, completeness and timeliness of all data entered into the Service; and (c) compliance with all applicable laws, regulations and standards, including mine-safety regulations such as MSHA in the United States and provincial/territorial mine regulations in Canada. Reports, certificates, matrices, alerts and expiry calculations generated by the Service are provided for the Customer's convenience and must be independently verified by the Customer. DriftCore does not warrant that use of the Service will achieve or maintain regulatory compliance.

Accounts & access

• •The Customer is responsible for its users and for all activity under its accounts.
• •Users must keep credentials confidential and use strong passwords.
• •The Customer must promptly deactivate access for departed personnel.
• •The Customer must apply the platform's role-based permissions appropriately.

Acceptable use

The Customer will use the Service in accordance with our Acceptable Use Policy and will not misuse the Service, attempt to breach its security or tenant isolation, reverse engineer it, resell it without authorisation, or upload unlawful content.

Customer data & ownership

As between the parties, the Customer owns its data. The Customer grants DriftCore a limited licence to host and process that data solely to provide the Service. DriftCore processes personal data as described in the Privacy Policy and Data Processing Agreement.

Fees & subscription

Access is provided on a subscription basis. Fees, billing frequency and plan limits are as set out in your order or plan. Unless stated otherwise, fees are non-refundable and exclusive of applicable taxes.

Availability & support

We aim to provide reliable, high-availability access and maintain automated backups and disaster-recovery processes. The Service is otherwise provided on an "as available" basis, and we do not guarantee uninterrupted operation unless a separate service-level agreement applies.

Warranties & disclaimers

Except as expressly stated, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and any warranty that use of the Service will ensure regulatory compliance.

Limitation of liability

To the maximum extent permitted by law, DriftCore will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or regulatory fines or penalties. DriftCore's total aggregate liability arising out of or relating to the Service will not exceed the fees paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim.

Indemnity

The Customer will indemnify and hold DriftCore harmless against claims arising from the Customer's data, its use of the Service, or its failure to meet its own compliance obligations.

Suspension & termination

Either party may terminate as set out in the applicable order. We may suspend access for non-payment or breach. On termination, the Customer may export its data for a limited period, after which it may be deleted.

Changes to the Service or Terms

We may update the Service and these Terms. Material changes to the Terms will be posted here with a new effective date and, where required, notified to Customers.

Governing law

These Terms are governed by the laws of the jurisdiction in which DriftCore is established, excluding its conflict-of-laws rules, and the courts of that jurisdiction will have exclusive jurisdiction, unless otherwise agreed in a signed order.

Contact

Questions about these Terms? Contact legal@driftcore-lms.com.