Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein. If you are accepting these Terms on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Definitions

• “Client” means the mining company, safety consultancy, or other organization that subscribes to the Platform.
• “Authorized User” means any individual granted access to the Platform by a Client, including employees, contractors, and visitors.
• “Client Data” means all data, content, records, and information submitted to or generated within the Platform by or on behalf of a Client or its Authorized Users.
• “MSHA” means the Mine Safety and Health Administration, a federal agency within the U.S. Department of Labor.
• “Subscription” means the paid plan selected by the Client for access to the Platform.

3. Account Registration

• You must be at least 18 years of age to create an account or use the Platform. The Platform is designed for adult mine workers and safety professionals.
• You must provide accurate, current, and complete information during registration and keep your account information up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must immediately notify us at support@verifieldpro.com if you become aware of any unauthorized use of your account.
• Each account is personal and non-transferable. You may not share your login credentials with any other person.

4. SMS Messaging Service

VeriField Pro operates an SMS messaging service for safety-critical communications at MSHA-regulated mine sites. By providing a phone number to the Service (either directly on your profile, through your employer's administrator, or on a visitor check-in form), you consent to receive safety and emergency SMS messages.

• Content: muster orders, site evacuation, shelter-in-place, panic alerts, worker-initiated assistance requests, and service messages (e.g. initial welcome messages). No marketing.
• Frequency: varies with site activity. Typically 0–5 messages per month outside of an active emergency.
• Opt-out: reply STOP to any SMS to immediately unsubscribe from all future VeriField Pro SMS. Reply HELP for support.
• Carrier charges: message and data rates may apply depending on your mobile plan.
• Carrier liability: mobile carriers are not liable for delayed or undelivered messages.

See our Privacy Policy § 3 (SMS & Emergency Alerts) for the full consent disclosure, message-content scope, and data-handling details.

5. Permitted Use

The Platform is provided solely for lawful purposes related to:

• MSHA safety compliance management for surface metal/nonmetal mining operations.
• Mine site check-in and check-out management.
• Conducting, documenting, and managing workplace inspections and examinations.
• Tracking and managing miner training records under 30 CFR Part 46 and Part 48.
• Hazard identification, incident reporting, and safety record management.
• Emergency preparedness, muster management, and lone worker monitoring.
• Generating compliance reports and regulatory documentation.
• Visitor and contractor management at mine sites.

6. Prohibited Use

You agree not to use the Platform to:

• Create, submit, or maintain false, fraudulent, or misleading safety records, inspection reports, or training documentation. Falsifying safety records is a violation of Section 110(a) and (f) of the Federal Mine Safety and Health Act and is punishable by criminal penalties.
• Bypass, circumvent, or undermine safety protocols, procedures, or regulatory requirements.
• Share your account credentials with unauthorized individuals.
• Access or attempt to access another user's account or data without authorization.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Upload malicious content, including viruses, malware, or any code designed to interfere with the Platform's operation.
• Use the Platform for any purpose other than safety compliance management as described in Section 4.
• Violate any applicable federal, state, or local law or regulation.

For additional detail, see our Acceptable Use Policy.

7. Subscription and Billing

• Subscription Plans: Access to the Platform requires a paid subscription. Available plans, features, and pricing are described on our website and may be updated from time to time.
• Billing Cycle: Subscriptions are billed on a monthly or annual basis, as selected by the Client at the time of purchase. Fees are due in advance of each billing period.
• Payment: All payments are processed through our third-party payment processor. You agree to provide valid and current payment information and authorize recurring charges.
• Price Changes: We may modify pricing with 30 days' written notice. Price changes take effect at the start of the next billing cycle following the notice period.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies applicable to your subscription.
• Late Payment: Overdue amounts may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend access for accounts with overdue balances exceeding 30 days.
• Refunds: Subscription fees are non-refundable except as required by applicable law or as expressly stated in writing.

8. Intellectual Property

• Our Property: The Platform, including all software, code, design, text, graphics, logos, trademarks, and other content created by VeriField Pro, is our proprietary property and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for the purposes described in these Terms.
• Restrictions: You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Platform or any part thereof without our prior written consent.
• Feedback: If you provide suggestions, ideas, or feedback about the Platform, we may use such feedback without restriction or obligation to you.

9. User Content and Data Ownership

• Client Owns Its Data: All Client Data, including but not limited to inspection reports, training records, incident reports, hazard observations, photos, compliance documentation, and any other records submitted to or generated within the Platform, remains the exclusive property of the Client.
• License to Us: By submitting Client Data to the Platform, the Client grants VeriField Pro a limited, non-exclusive license to store, process, display, and transmit such data solely for the purpose of providing the Platform's services to the Client.
• No Secondary Use: We will not use Client Data for any purpose other than providing and improving the Platform's services to the Client, unless we have obtained the Client's prior written consent or the data has been anonymized and aggregated so that it cannot be attributed to any individual or organization.
• Training Records: Training records and certifications created within the Platform are the property of the Client. The Client is responsible for ensuring the accuracy and completeness of all training records.
• Photo Content: Photos uploaded for hazard reports, incident documentation, or inspections are stored within the Client's private storage and are accessible only to the Client's authorized personnel.

10. Data Export

Clients may export their data at any time during the term of their subscription. We provide data export functionality in standard, machine-readable formats (e.g., CSV, JSON, PDF). Upon termination of a subscription, Clients will have 90 days to export their data before it is permanently deleted, unless a longer retention period is required by law.

11. Uptime and Availability

We strive to maintain 99.9% uptime for the Platform, excluding scheduled maintenance windows. For details on our uptime commitments, incident response times, and service credits, please refer to our Service Level Agreement.

12. Warranty Disclaimer

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL VERIFIELD PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.
• VERIFIELD PRO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER VERIFIELD PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless VeriField Pro and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content or data you submit to the Platform; or (e) your negligence or willful misconduct.

15. Termination

• By Client: A Client may terminate its subscription by providing at least 30 days' written notice to support@verifieldpro.com. Termination takes effect at the end of the current billing period. No refund will be issued for the remainder of any prepaid billing period.
• By VeriField Pro: We may suspend or terminate your access to the Platform immediately and without prior notice if: (a) you breach these Terms; (b) your account is used for fraudulent or illegal activity; (c) your account has an overdue balance exceeding 60 days; or (d) as required by law.
• Effect of Termination: Upon termination, your right to use the Platform ceases immediately. We will retain Client Data for 90 days following termination to allow for data export, after which it will be permanently deleted unless retention is required by law.
• Surviving Provisions: Sections 7, 8, 11, 12, 13, 15, and 17 survive termination of these Terms.

16. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.
• Dispute Resolution: Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiations between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in the State of Maryland.
• Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action.
• Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice by posting the updated Terms on this page, updating the “Last updated” date, and notifying Clients via email or through the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and terminate your subscription.

18. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, SLA, DPA, and any order forms or statements of work, constitute the entire agreement between you and VeriField Pro regarding the Platform.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: VeriField Pro shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, pandemics, power outages, internet disruptions, or governmental actions.
• Notices: All notices under these Terms shall be sent to the email addresses on file. Notices to VeriField Pro should be sent to legal@verifieldpro.com.

19. Contact Us

If you have questions about these Terms, please contact us: