Plain terms
for a serious tool.

These Terms of Service (the “Terms”) are an agreement between Setyr LLC (“Setyr,” “we,” “us”) and the organization or individual using the Setyr platform, website, mobile application, APIs, and published materials (together, the “Service”). By creating an account, accepting these Terms on behalf of an organization, or using the Service, you agree to them. If you are accepting on behalf of an organization, you represent that you have authority to bind it.

1. Accounts and eligibility

You must be at least 18 and able to form a binding contract. Each account is for one organization. You are responsible for the accuracy of account information, for safeguarding credentials, PINs and passkeys, and for activity under your accounts. Notify us promptly at legal@setyr.com of any unauthorized use. You may not share a login between people: in a lockout record, who did something is the point.

2. The Service, plans and changes

We provide the Service under the plan you select, which may include free, trial, and paid tiers with different limits. We may change the Service, add or retire features, and adjust plan limits; where a change materially reduces functionality you have paid for, we will give reasonable notice. Free and trial tiers may be limited in sites, users, retention, export, or features, and may be modified or withdrawn at any time.

3. Your data

You own the data you and your users enter into the Service (“Customer Data”). You grant Setyr a license to host, process, and display Customer Data solely to provide, secure, and support the Service for you. We do not sell Customer Data, use it for advertising, or use it to train models for other customers. Our handling of personal information is described in the Privacy Policy, which forms part of these Terms.

Safety records in the Service are append-only by design: actions are recorded and reversals are recorded as further actions. You may export your Customer Data during your subscription and for 30 days after it ends.

4. Acceptable use

You agree not to, and not to permit anyone else to:

• Use the Service to build a competing product. This includes using the Service, its outputs, its documentation, or its published materials to design, develop, train, benchmark, or improve any product or service that competes with Setyr, whether the work is done by a person, a contractor, or an automated system.
• Reverse engineer or extract. Decompile, disassemble, or otherwise attempt to derive the source code, data models, algorithms, or methods of the Service; scrape, crawl, or bulk-extract content or data from the Service or the website by any automated means; or use any output of the Service as training data for a machine-learning system.
• Circumvent limits or security. Exceed rate limits, bypass plan limits, share access to circumvent per-user or per-site limits, probe or test the Service’s security without written permission, or access another customer’s data.
• Misrepresent records. Enter attestations on behalf of another person, enter records for work that did not occur, or alter the Service to record anything other than what was actually done. The Service exists to hold an honest record; falsifying it is a breach of these Terms and may be a violation of law.
• Resell, sublicense, or provide the Service to third parties as a service bureau, except to contractors working under your own safety program.
• Use the Service in violation of law, or to infringe anyone’s rights.

Free and trial accounts exist so that organizations can evaluate and use the Service in good faith. Creating an account, or using one, for the purpose of studying, documenting, or reproducing the Service is not a permitted use. We may suspend or terminate accounts that we reasonably believe are being used for these purposes, and we reserve all remedies.

5. Intellectual property

The Service — including its software, user interface, data models, workflows, procedures for recording energy-control work, report formats, documentation, and published materials — is owned by Setyr and protected by copyright, trade secret, and other laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your organization’s own purposes during your subscription. No other rights are granted. Setyr’s names, logos, and marks may not be used without written permission.

Published worked examples on the Setyr website are provided for reading and study. You may download them for your own use. They may not be republished, redistributed, or presented as your organization’s procedures — see section 7.

If you send us suggestions, we may use them without obligation to you.

6. Fees

Paid plans are billed in advance for the term selected and are non-refundable except where required by law or stated in an order. Prices may change at renewal with notice. Fees exclude taxes, which you are responsible for. If an invoice is overdue we may suspend the Service after notice.

7. Safety responsibility — read this section

The Service records what your authorized employees and contractors attest: which lock went on which point, who applied it, when, and what they verified. The Service does not sense, control, or verify the physical state of any equipment, energy source, or isolation device. It records assertions made by people; it does not make them.

Under 29 CFR 1910.147(c)(4), the employer must develop, document, and utilize energy control procedures specific to its own equipment; under (c)(6) the employer must inspect those procedures periodically; under (c)(7) the employer must train its employees. Those duties belong to you. They cannot be delegated to Setyr and are not discharged by using the Service. Setyr is a system for keeping the record; it is not your energy-control program, your authorized employee, or your competent person.

Worked examples, templates, and sample reports published by Setyr are illustrations of structure. They describe equipment that does not exist and are not approved for use on any real equipment. Any procedure used at your site must be authored, reviewed, and approved by your own qualified people against your own equipment and energy sources.

Setyr does not represent that use of the Service makes any organization compliant with 1910.147 or any other law or standard. Reports generated by the Service are records of the data held in it, not independent audits or certifications.

8. Warranties and disclaimers

We will provide the Service with reasonable skill and care and will make commercially reasonable efforts to keep it available. Except as expressly stated in these Terms, the Service is provided “as is” and “as available,” and Setyr disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will prevent any injury, incident, or regulatory finding.

9. Limitation of liability

To the fullest extent permitted by law, Setyr will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business, arising out of or related to these Terms or the Service, however caused and under any theory of liability. Setyr’s total liability arising out of or related to these Terms or the Service will not exceed the amounts you paid to Setyr for the Service in the twelve months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

Because the Service records assertions rather than controlling equipment, and because the employer owns the energy-control program, Setyr is not responsible for injury, damage, or loss resulting from the performance or non-performance of energy-control work, from procedures authored or approved by you, or from records that are inaccurate because of what was entered into them.

10. Indemnity

You will defend and indemnify Setyr against third-party claims arising from your Customer Data, your safety program and procedures, your use of the Service in breach of these Terms, or your violation of law.

11. Suspension and termination

You may stop using the Service at any time; paid terms run to their end. We may suspend or terminate access for breach of these Terms, for non-payment after notice, or where required by law. On termination we will make Customer Data available for export for 30 days and then delete it in the ordinary course, except where retention is required by law or by our own record-keeping obligations. Sections 3 (as to ownership), 4, 5, 7, 8, 9, 10, and 13 survive termination.

12. Changes to these Terms

We may update these Terms. Material changes will be posted here with a new effective date, and where practical we will notify account administrators. Continued use after the effective date is acceptance.

13. Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict of laws principles. Disputes will be brought in the state or federal courts located in Utah, and you consent to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

14. General

These Terms, the Privacy Policy, and any order form are the entire agreement between us regarding the Service. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.

15. Contact

This document is provided in plain language for clarity. Where a plain-language summary and an operative provision differ, the operative provision controls.