1. Acceptance of Terms
These Terms of Service constitute a legally binding B2B contract between OmniSafe (PTY) LTD ("OmniSafe", "we", "us", "our") and your organization ("Tenant", "User", "you"). By signing up for a workspace profile, accessing the dynamic compliance builder, or using our mobile integrations, you agree that your company complies with these terms.
If you are entering into this agreement on behalf of a company, building contractor, or other corporate entity, you warrant that you have the lawful authority to bind that entity to these conditions.
2. Description of Services
OmniSafe provides a cloud-based software-as-a-service (SaaS) safety platform designed to assist South African employers in tracking occupational health, safety, environmental, and quality (SHEQ) indicators. Services include digital safety files management, baseline HIRA mapping templates, dynamic checklist builders, adaptive e-learning platforms, an omnichannel WhatsApp hub for remote hazard reporting, and the WeatherGuard™ Severe Weather & Lightning Shield system.
3. Subscription, Billing, and Fees
- Pricing Structure: Subscriptions are billed on a monthly recurring cycle based on active user seat tiers (Compliance Admin, Site Supervisor, Field Worker) and registered operational site licenses (WeatherGuard™ Site Licenses) as dynamically managed in our centralized pricing catalog (
/billingConfig/pricing). Custom enterprise setups, integrations, and consulting fees are billed separately. - The Starter Model: Tenants may commence operations with a single Compliance Admin license (R1,000 / month), granting complete unmetered access to all core platform features without artificial AI token quotas. Additional seats and site licenses may be scaled on demand.
- Taxes: All listed prices on our website exclude Value Added Tax (VAT) at the statutory South African rate of 15%, which will be added to the invoice.
- Late Payments: Unpaid subscriptions exceeding 14 days will lead to temporary workspace suspension. Interest on outstanding amounts may be charged in terms of the Prescribed Rate of Interest Act of South Africa.
- Cancellation: Subscription cancellations require 30 days written notice. You will retain access to your document vaults until the end of your paid billing period.
4. User Accounts, Roster Security, and Access Controls
Tenants are responsible for maintaining the confidentiality of administrative credentials and configuring appropriate Role-Based Access Controls (RBAC). Tenants are solely responsible for:
- Ensuring all employees added to the roster are accurately registered with their legal names and national identification details.
- Restricting edit and upload rights to qualified personnel (e.g. Safety Representatives or site supervisors).
- Validating the accuracy of uploaded documentation, including COIDA Letters of Good Standing, operator permits, and medical certificates of fitness.
5. Critical Regulatory Disclaimer
IMPORTANT: OmniSafe is a management software platform and digital facilitation tool. It is not an absolute guarantee of regulatory compliance.
The compilation, updates, validation, and physical adherence to safety protocols remain the sole statutory responsibility of the Employer under the South African Occupational Health and Safety (OHS) Act 85 of 1993, the Construction Regulations of 2014, and related laws.
We do not guarantee that Department of Employment and Labour (DEL) inspectors, municipal safety agents, or client auditors will approve your safety files or site conditions. OmniSafe does not check or verify the physical correctness of safety conditions on your construction site or workplace.
6. WhatsApp Integration & Voice Biometrics
If your team utilizes our omnichannel WhatsApp hub for e-learning, induction validation, emergency broadcasts, or field hazard logging, you agree that:
- Remote employees are responsible for standard cellular carrier connection fees, though the platform is optimized for low-data consumption bundles.
- Employees must consent to having their voice records analyzed by our biometric fraud prevention algorithm to issue training certificates. If an employee objects to biometric verification, alternative remote training validation paths must be requested manually by the Tenant Administrator.
- OmniSafe is not liable for delayed message delivery resulting from cellular carrier outages, local signal dead zones, or Meta Graph API delivery throttling.
⚡ 7. WeatherGuard™ Severe Weather Sentry, Lightning Disclaimers & Upstream Xweather Indemnification
CRITICAL LEGAL NOTICE REGARDING METEOROLOGICAL TELEMETRY, LIGHTNING DETECTION, AND AUTOMATED WORK STOPPAGE TRIPWIRES:
7.1 Advisory & Situational Awareness Nature of Weather Services
OmniSafe's WeatherGuard™ Severe Weather & Lightning Shield ("Weather Services") provides automated meteorological tracking, lightning proximity ring calculations (SANS 10313:2012), environmental tripwires (DMR 18 crane lift stops, scaffolding high-wind alerts, torrential rain flash-flood warnings, and ISO 7243 WBGT heat stress calculations), and automated WhatsApp evacuation broadcasts. You expressly acknowledge and agree that Weather Services are delivered solely as an advisory situational awareness and decision-support facilitation tool. WeatherGuard™ does NOT constitute an absolute guarantee of weather forecasting accuracy, lightning strike detection, storm tracking precision, or personal safety.
7.2 Inherent Scientific & Atmospheric Limitations
Meteorological data, satellite imagery, Doppler radar storm cell interpolation, and lightning stroke geocoding are inherently subject to scientific margin of error, localized microclimatic phenomena, atmospheric inversion, terrain shadowing, cloud-to-cloud versus cloud-to-ground strike misclassifications, network transmission latency, satellite telemetry delays, and upstream sensor blind spots. Neither OmniSafe nor its upstream weather data partners warrant that every atmospheric hazard or cloud-to-ground lightning discharge will be detected, pinpointed, or transmitted without delay.
7.3 Upstream Data Sources & Xweather Terms of Service Pass-Through
OmniSafe aggregates, normalizes, and routes meteorological feeds and lightning strike detection licensed from third-party commercial and governmental providers, including Xweather (part of Vaisala Inc. / AerisWeather) and Open-Meteo. By subscribing to or activating WeatherGuard™, you agree to be bound by and strictly comply with all applicable upstream end-user license agreements and terms of service, specifically including the Xweather Terms of Service, Data License Agreement, and Acceptable Use Policy.
In strict alignment with Xweather's standard platform terms:
- Weather telemetry, radar maps, lightning stroke feeds, and severe weather alert feeds are licensed strictly "AS-IS" and "AS-AVAILABLE" without warranty of any kind, whether express, statutory, or implied.
- Upstream providers (including Xweather, Vaisala Inc., and their affiliates) expressly disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, and continuous, uninterrupted, or error-free operation.
- Upstream providers disclaim all liability for any direct, indirect, special, incidental, or consequential damages resulting from the use of, or inability to use, meteorological or lightning detection data.
- Weather data must never be deployed as the single, exclusive point of failure for life-safety critical operations without independent secondary physical verification.
7.4 Primary Duty of Care & Employer Statutory Responsibility
Under South Africa's Occupational Health and Safety Act (OHS Act 85 of 1993), Driven Machinery Regulations (DMR 18), Construction Regulations 2014, and SANS 10313:2012, the Employer and Site Management retain sole, non-delegable statutory responsibility for the physical protection, health, and life safety of all workers, contractors, and visitors on site.
The deployment of WeatherGuard™ does NOT relieve site managers, safety officers, or crane operators of their affirmative duty to:
- Maintain continuous human visual and auditory observation of approaching convective storm clouds and thunder rumblings.
- Monitor official statutory alerts issued by the South African Weather Service (SAWS) and the National Disaster Management Centre (NDMC).
- Verify on-site calibrated anemometer wind measurements before undertaking tower crane lifts, suspended platform work, or high-elevation scaffolding operations.
- Immediately order work cessation and personnel evacuation whenever conditions appear threatening, even in the complete absence of an automated WeatherGuard™ alert.
7.5 Comprehensive Weather Alert Indemnification & Hold Harmless Clause
To the fullest extent permitted by South African law, you ("Tenant") agree to defend, indemnify, and hold completely harmless OmniSafe (PTY) LTD, its directors, officers, employees, agents, subcontractors, and upstream meteorological data licensors (specifically including Xweather, Vaisala Inc., and their respective affiliates) from and against any and all claims, demands, liabilities, suits, proceedings, judgments, damages, losses, costs, regulatory fines, statutory penalties (including Department of Employment and Labour shutdown penalties), and legal fees (on an attorney-and-own-client scale) arising out of, resulting from, or in connection with:
- Undetected Strikes or Missed Alerts: Any undetected lightning strike, unexpected wind gust, flash flood, sudden hail storm, or delayed warning notification within or proximate to your registered site perimeters.
- Precautionary Stoppages & Commercial Delay Damages: Any false positive alerts, automated precautionary work cessations, crane lift delays, concrete pour interruptions, labor downtime, contractor demurrage, liquidated damages, or lost project profits resulting from automated or supervisor-initiated weather shut-downs.
- Injury, Fatality, or Property Destruction: Any bodily injury, occupational illness (including heat exhaustion or heat stroke), fatality, structural collapse, crane tipping, vehicle accident, electrical surge, fire, or physical damage caused by or occurring during severe weather events on or near your premises.
- Telecommunications & WhatsApp Transmission Delays: Any failure, throttling, network outage, or delivery delay of WhatsApp notifications, SMS broadcasts, or push alerts caused by third-party cellular network providers, internet carriers, or Meta Graph API delivery bottlenecks.
- Supervisor Overrides & Ignored Alerts: Any manual operational override, suppression of automated tripwires, or failure by site supervisors or employees to promptly respond to issued WeatherGuard™ emergency alerts.
8. Intellectual Property
OmniSafe retains all right, title, and interest in and to our proprietary SaaS platform, including dashboard code, dynamic form builders, audit configuration matrixes, e-learning AI models, WeatherGuard™ algorithms, design systems, and visual layouts.
Tenants retain full intellectual property ownership of their uploaded files, custom documentation templates, company logos, rosters, and audit results. We are granted a revocable, non-exclusive license to store and index this content strictly to provide our dashboard and alert compliance features to your tenant.
9. Limitation of Liability
To the maximum extent permitted by South African law, OmniSafe (PTY) LTD, its directors, employees, consulting contractors, and upstream data licensors (including Xweather / Vaisala) shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Specifically, we are not liable for:
- Loss of contract values, project delays, commercial liquidated damages, or business interruptions.
- Lockout costs or daily stop-work order penalties issued by regulatory inspectors (e.g. DEL shutdown penalties costing up to R50,000/day).
- COIDA late injury reporting administrative penalties (which can reach 10% of annual corporate earnings).
- Unlawful actions, negligence, or compliance omissions committed by your site managers or employees.
- Meteorological telemetry latency, sensor detection failures, or false-alarm work stoppages as governed under Section 7.
Our total cumulative liability under this agreement is strictly capped at the total subscription fees paid by you to OmniSafe in the twelve (12) months preceding the event giving rise to the claim.
10. Term and Termination
This agreement begins when you subscribe and continues until terminated. Upon termination of service, OmniSafe will preserve your database information and file vaults for a grace period of 30 days to allow data export. Following this grace period, all tenant files and biometric records will be permanently deleted from our active databases, subject to statutory retention obligations.
11. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the **Republic of South Africa**. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the competent courts of South Africa.
12. Contact Us
If you have any questions or require support regarding these terms, please contact our legal and support team:
Email: info@omnisafe-risk.co.za
WhatsApp/Call: +27 76 044 9833