BNOSA Terms and Conditions

BNOSA Ltd is a company incorporated in the United Kingdom.

• Company name: BNOSA Ltd
• Registered office: 128 City Road, London, United Kingdom, EC1V 2NX
• Company number: 16960746
• Email: info@bnosa.com
• Website: www.bnosa.com

BNOSA provides digital tools and related services to help organisations improve the structure, visibility, and follow-up of their Environment, Health and Safety ("EHS") management activities.

BNOSA provides a cloud-based digital EHS platform and related services, which may include, without limitation:

• Hazard analysis and hazard register management;
• Safety observations and behavioural safety reporting;
• Incident reporting and investigation workflows;
• Corrective and preventive action management;
• Inspection, audit, chemical, competency, meeting, and EHS workflow modules;
• Dashboards, reports, exports, notifications, and analytics;
• Configuration, onboarding, training, technical support, and consulting services.

The exact features available to you depend on the subscription plan, modules, configuration, and services purchased or enabled for your organisation.

BNOSA may update, enhance, modify, suspend, replace, or discontinue any feature or module from time to time, provided that such changes do not materially reduce the core functionality of an active paid subscription without reasonable notice.

BNOSA is a digital EHS management and workflow support platform. It is designed to help customers organize information, record EHS activities, assign actions, follow up on tasks, and improve operational visibility.

BNOSA does not replace:

• The customer's legal duties under applicable health, safety, environmental, labour, industry, or regulatory laws;
• Professional HSE judgement;
• Site-specific risk assessment;
• Competent person review;
• Formal legal, regulatory, engineering, medical, or safety advice;
• The customer's responsibility to verify the accuracy, suitability, and completeness of EHS records, controls, assessments, and actions.

The customer remains solely responsible for determining whether its activities, controls, risk assessments, permits, inspections, procedures, training, incident investigations, and corrective actions comply with applicable laws, standards, contractual requirements, and internal policies.

BNOSA is primarily intended for business and professional use.

By using BNOSA, you confirm that:

1. You are at least 18 years old;
2. You have the legal capacity to enter into these Terms;
3. If acting for an organisation, you are authorised to do so;
4. All information provided to BNOSA is accurate, complete, and kept up to date.

BNOSA may refuse registration, suspend access, or terminate accounts where we reasonably believe that the user is not authorised, has provided false information, or is misusing the service.

To use certain BNOSA services, you may be required to create an account.

You are responsible for:

• Maintaining the confidentiality of usernames, passwords, and access credentials;
• Ensuring that only authorised users access your organisation's account;
• Assigning appropriate roles and permissions within your organisation;
• Promptly notifying BNOSA of any suspected unauthorised access or security incident;
• Ensuring that user information is accurate and updated.

You must not share login credentials between users unless expressly permitted by BNOSA.

BNOSA may suspend or restrict accounts where credential sharing, unauthorised access, suspicious activity, or security risks are detected.

Each customer may appoint one or more administrator or authorised users to manage account settings, users, permissions, records, workflows, and configuration.

Customer administrators are responsible for:

• Adding, removing, and managing users;
• Assigning appropriate access permissions;
• Reviewing submitted data;
• Managing company-specific configurations;
• Ensuring that users are properly trained to use the platform;
• Ensuring that the customer's use of BNOSA complies with these Terms and applicable laws.

Actions taken by authorised users within the customer's account are deemed actions of the customer.

BNOSA services may be provided on a free trial, monthly subscription, annual subscription, implementation package, support package, consulting package, or other commercial arrangement.

The applicable fees, billing cycle, payment method, included modules, usage limits, user limits, and renewal terms will be displayed on the website, order form, invoice, proposal, or subscription page.

Unless otherwise agreed in writing:

1. Fees are payable in advance;
2. Subscription fees are non-refundable except where required by law or expressly stated in these Terms;
3. Taxes, bank charges, currency conversion fees, payment processor fees, or transfer charges may apply;
4. BNOSA may use third-party payment processors, including Stripe or other providers, to process payments;
5. Failure to pay fees when due may result in suspension or termination of access.

Prices may be changed from time to time. Where pricing changes affect an active paid subscription, BNOSA will provide reasonable notice before the change applies.

BNOSA may offer free trials, pilot access, beta access, discounted plans, or promotional subscriptions at its discretion.

Unless otherwise stated:

• Free trials are provided for evaluation purposes only;
• BNOSA may limit trial duration, users, modules, data volume, exports, or support;
• BNOSA may end or modify a free trial at any time;
• At the end of a trial, access may be suspended unless the customer subscribes to a paid plan;
• Data entered during a trial may be deleted after a reasonable period unless the customer converts to a paid plan or requests export where available.

BNOSA does not guarantee that all trial, beta, pilot, or early-access features will become part of the final commercial product.

Subscription renewal and cancellation terms depend on the selected plan and payment arrangement.

Unless otherwise agreed:

1. Monthly subscriptions renew automatically each month until cancelled;
2. Annual subscriptions renew automatically each year unless cancelled before renewal;
3. The customer may cancel renewal through the account settings, by contacting BNOSA, or through the available payment management method;
4. Cancellation stops future renewal but does not automatically entitle the customer to a refund for the current billing period;
5. Access may continue until the end of the paid billing period unless otherwise stated.

For customers who are consumers under applicable law, statutory cancellation rights may apply.

BNOSA's primary services are intended for business users, but where consumer laws apply, nothing in these Terms limits rights that cannot legally be excluded.

"Customer Data" means data, files, records, forms, reports, observations, incidents, inspections, actions, user details, company information, and other content submitted, uploaded, entered, generated, or processed by or on behalf of the customer through BNOSA.

The customer retains ownership of Customer Data.

BNOSA may process Customer Data only as necessary to:

• Provide, maintain, secure, and improve the service;
• Configure the platform;
• Provide support and troubleshooting;
• Generate reports, dashboards, and outputs requested by the customer;
• Comply with legal obligations;
• Enforce these Terms;
• Prevent fraud, abuse, misuse, or security risks.

The customer is responsible for ensuring that Customer Data is accurate, lawful, relevant, and appropriate for processing through BNOSA.

BNOSA handles personal data in accordance with its Privacy Policy and applicable data protection laws.

Depending on the context:

• The customer will usually act as the data controller for personal data entered into the platform relating to its employees, contractors, visitors, workers, observers, or other individuals;
• BNOSA will usually act as a data processor when processing such personal data on behalf of the customer;
• BNOSA may act as a data controller for personal data relating to its own website visitors, prospects, customers, billing contacts, support contacts, and business communications.

The exact data protection roles may depend on the service, data category, and processing activity. UK data protection guidance recognises that obligations differ depending on whether a party acts as controller, processor, or joint controller.

Where required, BNOSA and the customer may enter into a separate Data Processing Agreement ("DPA").

BNOSA may use trusted third-party service providers to deliver, host, secure, maintain, support, monitor, analyse, or improve the service.

These providers may include, without limitation:

• Google Cloud Platform and other Google services for hosting, infrastructure, storage, authentication, analytics, security, or related cloud services;
• Stripe or other payment processors for billing and payment processing;
• Email, notification, monitoring, logging, support, analytics, and customer communication tools;
• RunProf or other technical service providers supporting development, maintenance, troubleshooting, or technical operations.

BNOSA remains responsible for selecting service providers with appropriate technical, organisational, and contractual safeguards where required by applicable laws.

By using BNOSA, you acknowledge that Customer Data and personal data may be processed by such service providers as necessary to provide the services.

BNOSA will use reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, loss, misuse, alteration, or disclosure.

Security measures may include, depending on the service configuration:

• Cloud infrastructure security controls;
• Access control and authentication mechanisms;
• Role-based permissions;
• Encryption where applicable;
• Logging and monitoring;
• Backup and recovery processes;
• Security updates and vulnerability management;
• Administrative and operational controls.

However, no online service, cloud platform, software system, or transmission method can be guaranteed to be completely secure. The customer is responsible for using strong passwords, managing user access, reviewing permissions, training users, and promptly notifying BNOSA of suspected security issues.

You must not use BNOSA to:

1. Violate any applicable laws, regulations, or third-party rights;
2. Upload unlawful, harmful, defamatory, misleading, abusive, discriminatory, or offensive content;
3. Upload malware, viruses, ransomware, spyware, or harmful code;
4. Attempt to gain unauthorised access to BNOSA systems, other customer accounts, or third-party systems;
5. Interfere with the operation, performance, security, or availability of the platform;
6. Reverse engineer, decompile, copy, scrape, or attempt to extract BNOSA source code, architecture, or confidential logic;
7. Use automated tools, bots, scripts, or excessive API requests without authorisation;
8. Misrepresent identity, affiliation, authority, or data ownership;
9. Use BNOSA for surveillance, unlawful monitoring, harassment, or unauthorised profiling;
10. Use BNOSA in a way that could damage BNOSA's reputation, systems, customers, or service providers.

BNOSA may suspend or restrict access where it reasonably suspects breach of this Acceptable Use section.

The customer is responsible for:

• Ensuring that use of BNOSA complies with applicable laws and internal policies;
• Obtaining any necessary consents, notices, approvals, or legal bases before entering personal data;
• Ensuring that only authorised users access the platform;
• Reviewing and validating EHS content, risk assessments, controls, records, reports, and actions;
• Training users on proper platform use;
• Maintaining independent copies of critical records where required by law and internal policies;
• Ensuring that any data uploaded to BNOSA is accurate, lawful, and appropriate;
• Responding to incidents, hazards, findings, observations, and corrective actions in real operations.

BNOSA is a management support tool. It does not physically control workplace hazards, prevent incidents by itself, or guarantee regulatory compliance.

All rights, title, and interest in BNOSA's platform, software, modules, user interface, workflows, design, branding, documentation, templates, reports, database structure, algorithms, configuration, know-how, content, and related intellectual property belong to BNOSA or its licensors.

Except as expressly allowed under these Terms, you must not:

• Copy, reproduce, modify, distribute, sell, lease, sublicense, or export BNOSA software or materials;
• Create derivative works based on BNOSA;
• Remove proprietary notices;
• Use BNOSA branding without written permission;
• Attempt to extract or replicate the platform's structure, logic, or design for a competing product.

Subject to payment and compliance with these Terms, BNOSA grants the customer a limited, non-exclusive, non-transferable, revocable right to access and use the services for internal business purposes during the subscription period.

The customer grants BNOSA a limited license to host, store, process, transmit, display, analyse, and use Customer Data solely as necessary to provide, maintain, secure, support, and improve the services, comply with legal obligations, and enforce these Terms.

BNOSA does not claim ownership of Customer Data.

If you provide BNOSA with feedback, ideas, suggestions, comments, recommendations, or improvement proposals, you grant BNOSA the right to use them without restriction, obligation, or compensation.

BNOSA may use such feedback to improve, modify, develop, or commercialise its services.

BNOSA may provide support through email, support tickets, online forms, chat, calls, documentation, or other channels.

Support availability, response times, scope, and service levels may vary depending on the subscription plan or separate agreement.

Support may include:

• Account assistance;
• Technical troubleshooting;
• Configuration support;
• User guidance;
• Bug reporting;
• Platform usage guidance.

Support does not include legal advice, regulatory certification, professional HSE consultancy, customer-specific compliance approval, or emergency response unless expressly agreed in writing.

BNOSA may perform maintenance, updates, patches, and improvements from time to time. Some maintenance may temporarily affect availability.

BNOSA aims to provide reliable access to the platform but does not guarantee uninterrupted, error-free, or always-available service.

Service availability may be affected by:

• Scheduled maintenance;
• Emergency maintenance;
• Cloud provider outages;
• Internet or network issues;
• Third-party service failures;
• Security events;
• Force majeure events;
• Customer-side configuration, devices, browsers, or connectivity issues.

BNOSA may modify the platform to improve security, performance, compliance, usability, or functionality.

BNOSA may generate dashboards, analytics, exports, risk views, action trackers, summaries, and reports based on data entered by the customer or users.

The customer is responsible for reviewing and validating all outputs before relying on them.

BNOSA does not guarantee that reports, dashboards, risk indicators, or analytics are complete, error-free, legally sufficient, or suitable for any specific regulatory submission, audit, investigation, legal claim, or operational decision.

BNOSA may integrate with or link to third-party platforms, services, websites, payment systems, cloud tools, or communication tools.

BNOSA is not responsible for third-party websites, services, policies, availability, security, accuracy, or content unless expressly stated.

Use of third-party services may be subject to separate terms and privacy policies.

Each party may receive confidential information from the other party.

Confidential information includes business information, technical information, pricing, product plans, security information, customer data, operational records, and any information reasonably understood to be confidential.

Each party agrees to:

• Protect confidential information using reasonable care;
• Use confidential information only for purposes related to the services;
• Not disclose confidential information except to authorised personnel, contractors, advisers, service providers, or where required by law;
• Ensure that authorised recipients are subject to appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that is publicly available, already known without restriction, independently developed, or lawfully received from a third party.

BNOSA may suspend access to all or part of the service if:

1. Fees are overdue;
2. The customer or users breach these Terms;
3. BNOSA reasonably suspects unauthorised access, misuse, fraud, abuse, or security risk;
4. Continued access could harm BNOSA, customers, users, service providers, or third parties;
5. Suspension is required by law, court order, regulator, or payment provider;
6. The customer's use exceeds agreed limits or causes operational risk.

Where reasonable, BNOSA will provide notice and an opportunity to resolve the issue. However, immediate suspension may occur where necessary to protect security, legal compliance, or service integrity.

Either party may terminate a subscription in accordance with the applicable plan, order form, or written agreement.

BNOSA may terminate access immediately if:

• The customer materially breaches these Terms;
• Payment remains overdue after notice;
• The customer misuses the platform;
• The customer becomes insolvent, ceases business, or is unable to pay debts;
• BNOSA is required to do so by law or a third-party provider;
• Continuing the service would create legal, security, operational, or reputational risk.

Upon termination:

• The customer's right to access the services ends;
• Fees already paid are non-refundable unless required by law or expressly agreed;
• BNOSA may retain Customer Data for a limited period to allow export, unless deletion is required sooner;
• BNOSA may delete Customer Data after the retention period;
• Clauses intended to survive termination will continue to apply.

During an active subscription, the customer may export certain Customer Data using available export features.

Following termination or expiry, BNOSA may allow a reasonable period for data export, subject to account status, technical feasibility, and applicable law.

After the applicable retention period, BNOSA may delete or anonymise Customer Data unless retention is required for legal, tax, accounting, security, dispute, backup, or compliance purposes.

BNOSA services are provided on an "as is" and "as available" basis, except as expressly stated in these Terms or a separate written agreement.

To the maximum extent permitted by law, BNOSA does not warrant that:

• The services will be uninterrupted, error-free, or free from vulnerabilities;
• All defects will be corrected immediately;
• The platform will meet all customer-specific requirements;
• Reports or outputs will guarantee compliance;
• Use of BNOSA will prevent incidents, injuries, losses, enforcement actions, penalties, claims, or operational failures;
• The platform is suitable for emergency response, life-critical decisions, or real-time hazard control.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any liability that cannot be excluded under applicable law.

Subject to the above, BNOSA shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profit, revenue, business, goodwill, opportunity, contracts, or anticipated savings;
• Business interruption;
• Loss or corruption of data where the customer failed to maintain appropriate backups or exports;
• Regulatory penalties or enforcement action arising from the customer's operations, omissions, or legal non-compliance;
• Customer decisions made based on incomplete, inaccurate, or unverified data entered into the platform;
• Failures caused by third-party services, internet connectivity, customer systems, or unauthorised user activity.

Subject to the above, BNOSA's total aggregate liability arising out of or related to the services shall not exceed the total fees paid by the customer to BNOSA for the affected services during the twelve months preceding the event giving rise to the claim.

Where the customer is using a free trial, beta service, pilot service, or free service, BNOSA's total liability shall be limited to £100 to the maximum extent permitted by law.

The customer agrees to indemnify and hold BNOSA harmless from claims, losses, damages, liabilities, costs, and expenses arising from:

• Customer Data;
• Customer's breach of these Terms;
• Customer's violation of law or third-party rights;
• Misuse of services by customer users;
• Customer's operational, HSE, legal, employment, environmental, or regulatory obligations;
• Claims arising from incidents, injuries, accidents, hazards, inspections, audits, investigations, or corrective actions managed or recorded by the customer through BNOSA.

BNOSA may release beta, pilot, experimental, or early-access features.

Such features may be incomplete, unstable, limited, or subject to change. They may be modified, withdrawn, or discontinued at any time.

BNOSA does not guarantee that beta or pilot features will be included in commercial releases.

Customers should not rely on beta features for critical operations unless expressly agreed in writing.

BNOSA may not use the customer's name, logo, or brand as a public customer reference without the customer's prior consent, unless otherwise agreed in writing.

The customer must not use BNOSA's name, logo, screenshots, or branding in public materials without BNOSA's prior written consent, except where permitted by law or normal internal business use.

BNOSA may update these Terms from time to time.

Where changes are material, BNOSA will provide reasonable notice by email, platform notification, website notice, or another appropriate method.

Continued use of the services after the effective date of updated Terms means that you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the services and may cancel your subscription in accordance with the applicable cancellation terms.

BNOSA shall not be liable for delay or failure to perform caused by events beyond its reasonable control, including:

• Natural disasters;
• War, terrorism, civil unrest, or armed conflict;
• Labour disputes;
• Government actions;
• Epidemics or pandemics;
• Power failures;
• Internet or telecommunication failures;
• Cloud provider outages;
• Cyberattacks;
• Payment processor failure;
• Legal or regulatory restrictions.

The customer may not assign, transfer, or subcontract rights or obligations under these Terms without BNOSA's prior written consent.

BNOSA may assign or transfer its rights and obligations to an affiliate, successor, acquirer, or purchaser of its business or assets, provided that this does not materially reduce the customer's rights under these Terms.

Failure or delay by BNOSA to enforce any right under these Terms does not constitute a waiver of that right.

A waiver is only effective if made in writing.

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.

The invalid provision will be replaced or interpreted as far as legally possible to achieve the intended commercial purpose.

These Terms, together with any applicable order form, invoice, subscription page, proposal, Privacy Policy, Data Processing Agreement, and any written agreement signed by the parties, constitute the entire agreement between BNOSA and the customer regarding the service.

If there is a conflict between documents, the following order applies unless expressly stated otherwise:

1. Signed written agreement;
2. Data Processing Agreement;
3. Order form or proposal;
4. These Terms;
5. Privacy Policy;
6. Website or marketing materials.

These Terms are governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, unless applicable law requires otherwise.

If you have any questions, complaints, cancellation requests, support requests, or legal notices, please contact BNOSA at:

• Email: info@bnosa.com
• Address: 128 City Road, London, EC1V 2NX
• Website: www.bnosa.com

BNOSA will aim to respond within a reasonable time.