Terms of Service
Published by Datum Software Inc. ("DATUM")
The Short Version
This box is a summary written in plain language. It is not part of the contract. If the summary and the numbered sections disagree, the numbered sections govern.
- Your company owns its records. DATUM holds them for your company. DATUM does not own them, does not sell them, and does not use them to train models.
- You can take your data out at any time, free, without giving a reason. That includes when you leave.
- DATUM is a records tool. It is not a safety adviser. Your company remains responsible for its own safety program and for everything it publishes.
- There is no uptime guarantee. DATUM works hard to stay available and makes no promise about it.
- What DATUM can be held liable for is capped, and the cap is based on what you paid.
- British Columbia law applies.
1. What These Terms Are and Who They Apply To
1.1 These Terms of Service (the "Terms") are a legal agreement between Datum Software Inc., a corporation incorporated under the Canada Business Corporations Act with its head office in British Columbia ("DATUM", "we", "us"), and the person or company that accesses the DATUM platform ("you").
1.2 The DATUM platform (the "Services") is the software available at datum.contractors and at its subdomains, together with the DATUM mobile applications and any part of the platform that DATUM makes available to you.
1.3 These Terms apply to two different readers, and some sections apply to only one of them:
(a) a Customer, meaning a company that subscribes to the Services for its own workforce; and
(b) an Authorized User, meaning an individual who signs in to the Services because a Customer has given that individual access, including workers, supervisors, administrators, and any third party the Customer invites.
1.4 If you use the Services on behalf of a company, you confirm that you are authorized to bind that company, and "you" means that company.
1.5 Order of precedence. Where a Customer has signed a written subscription agreement with DATUM, that signed agreement governs, and these Terms apply only to the extent that the signed agreement does not address the same subject. These Terms are the whole of the agreement for any Customer or Authorized User who has not signed a written agreement.
1.6 By signing in to the Services, by using the Services, or by continuing to use the Services after these Terms change, you accept these Terms. If you do not accept them, do not use the Services.
2. Accounts and Access
2.1 Access to the Services is granted by a Customer, not by DATUM. DATUM does not create accounts for individuals directly. Your employer, or the company that engaged you, decides who gets access, what each person can see, and when access ends.
2.2 Access is by a personal identification number, an access code, a device binding, or another sign-in method that DATUM makes available. Your sign-in credential identifies you and is used as evidence that you performed the actions recorded under it.
2.3 You shall:
(a) keep your credential secret and not share it with any other person;
(b) not sign in as another person, and not permit another person to sign in as you;
(c) tell your employer and DATUM promptly if you believe your credential has been used by someone else; and
(d) provide accurate information about yourself when the Services ask for it.
2.4 A Customer is responsible for everything done through its tenancy and through the credentials of its Authorized Users, whether or not the Customer authorized it.
2.5 Some parts of the Services are shared devices, including site sign-off boards and kiosks. Anything recorded on a shared device is recorded against the individual who identifies themselves on that device at that moment.
2.6 DATUM may change, add, or remove features of the Services. DATUM shall not materially reduce the overall functionality that a paying Customer subscribes to during a paid term without giving that Customer at least 30 days notice.
3. Acceptable Use
3.1 You shall not:
(a) use the Services in breach of any law, including occupational health and safety, employment standards, human rights, and privacy law;
(b) upload, store, or send anything that is unlawful, defamatory, harassing, threatening, or that infringes another person's rights;
(c) upload, store, or send any virus, malicious code, or harmful component;
(d) attempt to access any data belonging to another company, whether by guessing an identifier, altering a request, or any other means;
(e) attempt to gain unauthorized access to the Services, to any account, or to any DATUM system, or test the security of the Services without DATUM's prior written permission;
(f) interfere with or disrupt the Services, or place an unreasonable load on them;
(g) reverse engineer, decompile, or disassemble the Services, or attempt to derive their source code, except to the extent that this restriction cannot lawfully be imposed;
(h) copy, frame, mirror, resell, rent, or make the Services available to any person who is not an Authorized User;
(i) use automated means to scrape or extract data from the Services, other than through an interface DATUM provides for that purpose; or
(j) use the Services to build a competing product, or publish a benchmark of the Services, without DATUM's prior written consent.
3.2 You shall not enter into the Services any social insurance number, banking information, or medical information, unless you are using a function that DATUM has expressly designated for that category of information.
3.3 The Services record safety and employment information that a Customer may be legally required to keep. You shall not delete, alter, or falsify a record in order to misrepresent what happened.
3.4 DATUM may monitor use of the Services for security, capacity, and compliance purposes, and may report to a Customer any use that DATUM reasonably believes breaches this Section 3.
4. Your Data, and Who Owns It
4.1 "Customer Data" means everything submitted to, generated within, or uploaded to the Services by or for a Customer or an Authorized User, including worker records, certifications, time records, orientations, safe work procedures and sign-off records, hazard assessments, inspections, observations, incidents, statements, equipment and crane records, photographs, signatures, notes, and documents generated from any of them.
4.2 As between DATUM and the Customer, the Customer owns all of the Customer Data. DATUM claims no ownership of it. DATUM holds it as a custodian on the Customer's behalf.
4.3 DATUM shall use the Customer Data only to provide, secure, maintain, support, and back up the Services for that Customer, and to comply with the law. The Customer grants DATUM the limited licence needed to do those things and nothing more.
4.4 DATUM does not sell Customer Data. DATUM does not use it for advertising. DATUM does not use it to train general-purpose machine learning models.
4.5 Export. A Customer may export all of its Customer Data at any time, for any reason, free of charge, without giving a reason, and without any condition. The export is provided in a structured, commonly used, machine-readable format, with files, images, and signatures in their native formats.
4.6 No lien. DATUM shall not withhold, delay, or refuse an export because an amount is unpaid, because a dispute is open, or because a release has not been signed. DATUM asserts no lien and no retention right over Customer Data at any time.
4.7 DATUM may create aggregated statistics from use of the Services, provided they identify no company, site, project, or individual, and cannot reasonably be re-identified.
4.8 Personal information is handled as described in the DATUM Privacy Policy at https://datum.contractors/privacy, which forms part of these Terms.
4.9 Where a Customer has signed a data processing addendum with DATUM, that addendum governs the handling, export, retention, and deletion of Customer Data, and prevails over this Section 4.
5. Subscriptions, Fees, and Taxes
5.1 Access to the Services is by paid subscription, except where DATUM has agreed in writing to provide access on a pilot, trial, or no-charge basis.
5.2 Fees, the billing period, the payment terms, and the subscription basis are as stated in the applicable order form, quotation, or written agreement. Fees are stated in Canadian dollars and are exclusive of tax.
5.3 You shall pay all applicable goods and services tax, provincial sales tax, and any other tax or levy on the supply of the Services, other than tax on DATUM's net income.
5.4 Invoices are payable within 30 days of the invoice date. Amounts not paid when due bear interest at 1.5 percent per month, compounded monthly, being 19.56 percent per annum, or the maximum rate permitted by law if that is lower.
5.5 Fees are non-refundable except where these Terms or a signed agreement expressly provide otherwise.
5.6 If an amount remains unpaid more than 30 days after its due date, DATUM may suspend access on 10 days written notice, in accordance with Section 10. Suspension does not remove the obligation to pay, and does not extend the subscription term.
5.7 DATUM may change its fees. A change takes effect for a Customer at the start of that Customer's next renewal term, and DATUM shall give at least 60 days notice before it does.
5.8 A pilot, trial, or no-charge subscription may be changed or withdrawn by DATUM on 30 days written notice, and is provided without any warranty of any kind. The export right in Section 4.5 applies to a pilot, trial, or no-charge subscription in exactly the same way as it applies to a paid one.
6. Availability
6.1 DATUM shall use commercially reasonable efforts to keep the Services available.
6.2 DATUM gives no guarantee, warranty, or commitment about uptime, availability, response time, or continuity. There is no service level agreement and there are no service credits. You accept these Terms without relying on any availability commitment.
6.3 DATUM is not responsible for unavailability, delay, or failure caused by scheduled maintenance, emergency maintenance, a third-party hosting, network, or infrastructure provider, your own device, software, or connection, your acts or omissions, a suspension permitted by these Terms, or an event beyond DATUM's reasonable control.
6.4 The Services are delivered over the public internet, and mobile or offline use can delay the moment a record reaches the server. Do not rely on the Services as your only means of meeting a time-sensitive legal or regulatory obligation.
6.5 DATUM takes backups as a reasonable operating measure. Backups are not a warranty against loss of data.
7. Safety Content
7.1 The Services record, assemble, publish, and distribute safety material, including safe work procedures, orientations, hazard assessments, inspection templates, incident reports, and regulatory references (together, "Safety Content").
7.2 DATUM is a records and publishing tool. DATUM is not a safety adviser, a safety professional, an engineer, or a consultant, and provides no safety, engineering, legal, or regulatory advice.
7.3 Every piece of Safety Content must be reviewed, corrected, and adopted by a competent person at the Customer before it is used, published, distributed, or relied upon. The Customer is responsible for its accuracy, its adequacy, and its fitness for the work and the site in question.
7.4 DATUM does not warrant that any Safety Content, regulatory citation, standard, or figure reproduced within the Services is current, complete, correct, or applicable to your circumstances.
7.5 Nothing in these Terms transfers, reduces, or discharges any duty imposed on you as an employer, prime contractor, owner, or supplier under the Workers Compensation Act (British Columbia), the Occupational Health and Safety Regulation, or equivalent legislation anywhere else. Those duties remain yours at all times.
7.6 Where a Customer has signed safety content terms with DATUM, those terms govern this subject and prevail over this Section 7.
8. Intellectual Property
8.1 DATUM owns the Services, the software, the source code, the interfaces, the designs, the templates, the workflows, the DATUM name and marks, and every improvement and derivative of them. Nothing in these Terms transfers any of that to you.
8.2 You get a limited, non-exclusive, non-transferable right to access and use the Services for your own internal business purposes during your subscription, and nothing more. All rights not expressly granted are reserved.
8.3 Documents generated for a Customer from a DATUM template may be used, reproduced, and modified by that Customer for its own safety and compliance purposes, including after the subscription ends. They may not be distributed as a standalone product or supplied to a competitor of DATUM.
8.4 If you send DATUM a suggestion, an enhancement request, or feedback, DATUM may use it without restriction and without owing you anything. Feedback does not include Customer Data.
8.5 No payment, subscription, pilot participation, feedback, referral, introduction, or period of use gives any person any ownership interest, equity interest, licence, or option in DATUM, in the Services, or in the software.
9. Privacy
9.1 The DATUM Privacy Policy at https://datum.contractors/privacy explains what personal information the platform holds, why it is held, who can see it, how long it is kept, and how to make a request or a complaint.
9.2 For records held for a Customer, the Customer decides what is collected, who inside the company can see it, and how long it is kept. A worker who wants to see, correct, or ask about their own records should start with their employer. DATUM will assist the employer but is not permitted to release or change a Customer's records without the Customer's authority.
9.3 Each company's records are kept separate. One company cannot see another company's records.
10. Suspension
10.1 DATUM may suspend access, in whole or in part, immediately on notice where use presents an imminent risk to the security, integrity, or availability of the Services or to another company's data, where DATUM is required to do so by law, or where fees remain unpaid under Section 5.6.
10.2 DATUM shall limit a suspension to what is reasonably necessary, shall say why, and shall restore access promptly once the cause is resolved.
10.3 A suspension is not a termination. During a suspension, Customer Data is retained and the export right in Section 4.5 continues to be honoured in full.
11. Termination and What Happens to Your Data
11.1 A Customer may stop using the Services at any time. Where the Customer has a subscription term, ending it before the end of that term does not create a refund unless a signed agreement says so.
11.2 DATUM may terminate or refuse access on 30 days written notice, or immediately where you have materially breached these Terms and have not cured the breach within 30 days of written notice, where the breach cannot be cured, or where you become insolvent.
11.3 On termination or expiry for any reason, DATUM shall deliver a complete export of the Customer Data to the Customer within 30 days after the termination takes effect, in a structured, commonly used, machine-readable format, without charge and without any condition. A Customer may also export its own data at any time before that under Section 4.5.
11.4 After the export has been delivered, the Customer Data is archived and is then securely deleted at the end of the archive period stated in the applicable data processing addendum, or, where there is none, 12 months after termination. A Customer may instruct earlier deletion in writing at any time.
11.5 Records you are legally required to keep remain your responsibility. Occupational health and safety records, incident records, training records, first aid records, and payroll records are subject to retention periods binding on the Customer. The DATUM archive period is not a records retention service and must not be relied upon to satisfy any legal retention obligation.
11.6 Sections 3, 4, 7, 8, 11, 12, 13, 14, 16, and 17 survive termination.
12. Disclaimer of Warranties
12.1 To the maximum extent permitted by law, the Services, the Documentation, and all Safety Content are provided "as is" and "as available". DATUM disclaims all representations, warranties, conditions, and guarantees of any kind, whether express, implied, statutory, or arising by custom or trade usage, including any implied warranty or condition of merchantability, merchantable quality, durability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation.
12.2 Without limiting Section 12.1, DATUM does not warrant that the Services will be uninterrupted, timely, secure, or error-free, that they will meet your requirements or the requirements of any regulator, owner, general contractor, or insurer, that any defect will be corrected, or that the Services will prevent, detect, or reduce any injury, incident, loss, or regulatory contravention.
12.3 You acknowledge that these disclaimers and the limitations in Section 13 are a fundamental part of the bargain, that fees have been set in reliance on them, and that the fees would have been materially higher without them.
13. Limitation of Liability
13.1 No indirect damages. To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, or for loss of profit, revenue, business, anticipated savings, goodwill, opportunity, business interruption, or the cost of substitute services, however caused and on any theory of liability, whether or not the party was told the loss was possible.
13.2 Loss of data. To the maximum extent permitted by law, DATUM is not liable for loss, corruption, or unavailability of Customer Data, except to the extent it is caused by DATUM's breach of its security obligations, and in that case only up to the cap in Section 13.3.
13.3 Cap. To the maximum extent permitted by law, DATUM's total aggregate liability arising out of or in connection with these Terms and the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of:
(a) the total fees actually paid by you to DATUM in the 12 months immediately before the first event giving rise to the liability; and
(b) CAD 5,000.
13.4 Where access is provided on a pilot, trial, or no-charge basis, DATUM's total aggregate liability shall not exceed CAD 1,000.
13.5 Exceptions. Sections 13.1, 13.2, and 13.3 do not limit your obligation to pay fees, either party's liability for fraud or wilful misconduct, either party's liability for death or personal injury caused by its negligence to the extent that such liability cannot be limited at law, or your indemnity in Section 14.
13.6 Claims arising from the same or a connected set of facts count as a single claim for the purpose of the cap. Having more than one claim does not enlarge the cap.
13.7 These limitations reflect a deliberate allocation of risk and apply even if a limited remedy fails of its essential purpose.
14. Indemnity
14.1 You shall defend, indemnify, and hold harmless DATUM, its directors, officers, and personnel from and against any claim, proceeding, loss, damage, liability, fine, penalty, cost, and expense (including reasonable legal fees) arising out of or relating to:
(a) your Customer Data, including any allegation that it infringes a third party's rights or was collected, used, or disclosed unlawfully;
(b) your use of the Services in breach of these Terms or of any law;
(c) any Safety Content you adopted, published, distributed, or relied upon;
(d) any workplace injury, illness, incident, regulatory order, penalty, or prosecution at or in connection with your workplace; and
(e) any claim by a worker or contractor of yours about the collection, use, disclosure, retention, or accuracy of their personal information in the Services, except to the extent it is caused by DATUM's breach of these Terms.
14.2 DATUM shall notify you promptly of a claim, and you shall have control of the defence and settlement, except that no settlement imposing a non-monetary obligation or an admission on DATUM may be made without DATUM's written consent, not to be unreasonably withheld.
14.3 Section 14.1 does not apply to an individual Authorized User acting within the scope of their employment or engagement by a Customer. In that case the obligation is the Customer's.
15. Changes to These Terms
15.1 DATUM may change these Terms. The version number and the date at the top of this document show when they were last changed.
15.2 For a material change, DATUM shall give at least 30 days notice before it takes effect, by notice inside the Services, by electronic mail to Customer administrators, or by both.
15.3 A material change takes effect for a paying Customer at the start of that Customer's next renewal term, unless the change is required by law or is necessary to address a security risk, in which case it takes effect on the date stated in the notice.
15.4 If you do not accept a change, your remedy is to stop using the Services and, if you are a Customer, to give notice of non-renewal. Continuing to use the Services after a change takes effect means you accept it.
15.5 Previous versions are available on request.
16. Governing Law and Disputes
16.1 These Terms, and any dispute arising out of or in connection with them, including any non-contractual dispute, are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that Province, without regard to conflict of laws principles.
16.2 The parties submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in Vancouver, British Columbia, and waive any objection based on forum non conveniens.
16.3 Before starting a proceeding, other than an application for injunctive or equitable relief, the parties shall attempt in good faith for 30 days to resolve the dispute by raising it with a senior representative of each party.
16.4 The United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act (British Columbia) do not apply.
17. General
17.1 Assignment. You may not assign these Terms without DATUM's prior written consent. DATUM may assign them to an affiliate or to a successor in a merger, reorganization, or sale of all or substantially all of its assets, on notice.
17.2 Subcontractors. DATUM may use subcontractors and sub-processors and remains responsible for their performance. Sub-processors handling personal information are described in the Privacy Policy and, for a Customer with a signed data processing addendum, in that addendum.
17.3 Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
17.4 No third-party beneficiaries. Except for the indemnified persons named in Section 14 and for Apple and Google to the extent stated in Schedule A, these Terms confer no rights on anyone who is not a party.
17.5 Notices. Notices to DATUM go to sam@datum.contractors and 201 – 22327 River Road, Maple Ridge, British Columbia V2X 2C7, Canada. Notices to you go to the electronic mail address on your account or through a notice inside the Services.
17.6 Severability. If a provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible, and the rest continues in force. If a limitation of liability is held wholly unenforceable, liability is limited to the maximum extent the law permits.
17.7 Waiver. A failure to enforce a provision is not a waiver of it.
17.8 Entire agreement. These Terms, the Privacy Policy, and any signed agreement between DATUM and a Customer are the entire agreement on their subject, and replace all earlier proposals, representations, and understandings.
17.9 Language. The parties have required these Terms and all related documents to be drawn up in English. Les parties ont exigé que les présentes conditions et tous les documents connexes soient rédigés en anglais.
17.10 Interpretation. Headings are for convenience. "Including" means "including without limitation". References to legislation include amendments and successor legislation. Days are calendar days unless stated as business days.
18. How to Contact DATUM
Datum Software Inc.
Electronic mail: sam@datum.contractors
Privacy enquiries: sam@datum.contractors
Address: 201 – 22327 River Road, Maple Ridge, British Columbia V2X 2C7, Canada
Schedule A: Additional Terms for the Mobile Applications
This Schedule applies when you use a DATUM mobile application obtained from the Apple App Store or from Google Play. Where this Schedule and the rest of these Terms disagree, this Schedule governs for that application.
A1. Terms that apply to both stores
A1.1 The application is licensed to you, not sold. You get a limited, non-exclusive, non-transferable, revocable licence to install and use the application on a device you own or control, for your work with a Customer that subscribes to the Services.
A1.2 You shall not sublicence, rent, lease, redistribute, or make the application available over a network where more than one device could use it at the same time, other than as the Services intend.
A1.3 The application requires an account provided by a Customer. Without that account the application does nothing.
A1.4 The application may ask for device permissions, including the camera (to photograph certificates, equipment, and site conditions), the photo library (to attach existing photographs), location (only at the moment you clock in or out, where your employer uses the time features), and notifications. You may refuse or withdraw a permission in your device settings, and the related feature will stop working.
A1.5 DATUM may issue updates. Some updates are required for the application to keep working.
A1.6 You shall comply with all applicable third-party terms of service when using the application, including your wireless data plan terms.
A2. Terms required for the Apple App Store
A2.1 These Terms are between you and DATUM only, and not with Apple Inc. ("Apple"). DATUM, not Apple, is solely responsible for the application and its content.
A2.2 The licence granted for the application on an Apple device is limited to a non-transferable licence to use the application on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the application may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
A2.3 Apple has no obligation to provide any maintenance or support for the application. Support requests go to DATUM at sam@datum.contractors.
A2.4 If the application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the application to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatever with respect to the application. As between DATUM and Apple, any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is DATUM's sole responsibility.
A2.5 DATUM, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including a product liability claim, a claim that the application fails to conform to a legal or regulatory requirement, and a claim under consumer protection or similar legislation, including in connection with the application's use of the HealthKit or HomeKit frameworks if it ever uses them.
A2.6 DATUM, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights.
A2.7 You represent and warrant that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties.
A2.8 Apple and its subsidiaries are third-party beneficiaries of this Schedule, and on your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce this Schedule against you as a third-party beneficiary.
A3. Terms required for Google Play
A3.1 These Terms are between you and DATUM only, and not with Google LLC ("Google"). DATUM, not Google, is solely responsible for the application and its content.
A3.2 Google has no obligation to provide any maintenance or support for the application. Support requests go to DATUM at sam@datum.contractors.
A3.3 Your use of the application is also subject to the Google Play Terms of Service.
A3.4 Google is not responsible for any claim relating to the application, including a product liability claim, a claim that the application fails to conform to a legal or regulatory requirement, and a claim under consumer protection or similar legislation.