Guardian Terms

These Terms apply together with the Guardian Acceptable Use Policy, the AI Disclaimer, the Privacy Policy, and any order form, subscription agreement, master services agreement, or other written agreement between REELSafe and the customer (each, a "Customer Agreement").

If there is a conflict between these Terms and a Customer Agreement signed or otherwise accepted in writing by REELSafe, the Customer Agreement controls to the extent of the conflict.

Guardian is a software platform intended to support safety and compliance operations. Depending on the customer's configuration and agreement, Guardian may include features for incident reporting, digital inspections, training and certification tracking, corrective actions, document and SDS management, compliance dashboards, safety analytics, and other related functionality.

Guardian may also include artificial intelligence and machine-learning features, which are described below and in the AI Disclaimer.

Features, modules, and availability may vary by customer, configuration, and agreement.

Customers designate the individuals who are authorized to use Guardian on their behalf ("authorized users"). Customers are responsible for the acts and omissions of their authorized users and for ensuring that authorized users comply with these Terms and the Guardian Acceptable Use Policy.

Users are responsible for maintaining the confidentiality of their account credentials and must notify REELSafe promptly of suspected unauthorized access or security incidents. Security concerns may be reported to info@reelsafesafety.com. See also our Security Notice.

Customers are responsible for the accuracy of the account and user information they provide and for promptly removing access for individuals who are no longer authorized to use Guardian.

Guardian may be used lawfully and only for legitimate business, safety, compliance, training, and operational purposes. Customers and authorized users must comply with the Guardian Acceptable Use Policy, which is incorporated into these Terms.

Information submitted to Guardian by or on behalf of a customer, including information relating to the customer's workforce, facilities, safety programs, inspections, incidents, corrective actions, training, certifications, documents, equipment, and compliance activities ("Customer Data"), is provided at the customer's direction. As between the customer and REELSafe, the customer retains whatever rights it holds in Customer Data, and these Terms do not transfer ownership of Customer Data to REELSafe.

The customer is responsible for determining what Customer Data is submitted to Guardian and for ensuring that it has the appropriate rights, permissions, notices, and legal basis to provide that information to REELSafe for processing, including any employee or workforce information.

REELSafe may process Customer Data solely as necessary to provide, secure, maintain, and improve Guardian, comply with contractual obligations, and as otherwise permitted by the applicable Customer Agreement and law. Additional information is provided in our Privacy Policy.

Retention of Customer Data may additionally be governed by the applicable Customer Agreement.

Guardian may use artificial intelligence and machine-learning technologies to provide analytical, informational, summarization, search, recommendation, and other features. AI-generated output is intended to assist users and may contain errors, omissions, outdated information, or incomplete context.

Users are responsible for reviewing and validating AI-generated information before acting upon it. AI output must not be used as the sole basis for emergency response, evacuation, life-safety, medical, regulatory, engineering, hazard-control, permit approval, job hazard analysis approval, incident classification, or compliance certification decisions. See the AI Disclaimer for details.

Guardian does not replace:

• Site safety leadership
• Competent persons
• Qualified persons
• Safety directors
• Supervisors
• Emergency response procedures
• Regulatory authorities
• Legal counsel
• Engineers
• Medical professionals
• Required inspections
• Required permits
• Required training
• Employer responsibilities

Customers are responsible for reviewing Guardian outputs and determining whether recommendations are appropriate for their particular operations.

Customers remain responsible for:

• Their safety programs
• Their compliance obligations
• Their workplace decisions
• Their employee supervision
• Their incident response
• Their regulatory submissions
• Their implementation of safety controls

Use of Guardian does not transfer these responsibilities to REELSafe.

Guardian, including its software, user interfaces, AI-related functionality, documentation, training materials, and proprietary methodologies, is owned by or licensed to REELSafe Safety LLC and is protected by applicable intellectual property laws. No ownership rights are transferred by accessing or using Guardian.

Subject to these Terms and the applicable Customer Agreement, REELSafe grants customers a limited, non-exclusive, non-transferable right to access and use Guardian for their internal business purposes during the applicable service period.

Except as permitted by these Terms, a Customer Agreement, or applicable law, users may not copy, modify, create derivative works of, republish, sell, sublicense, distribute, or reverse engineer Guardian or remove its proprietary notices. Use of REELSafe branding requires permission.

REELSafe seeks to provide a reliable Guardian experience but does not guarantee that Guardian will be uninterrupted, error-free, or free from delays, unless expressly stated in a written agreement. Guardian may be unavailable from time to time due to maintenance, updates, third-party service providers, or other circumstances.

REELSafe may update, improve, modify, or discontinue features of Guardian from time to time, subject to any applicable Customer Agreement. Support terms, if any, are set out in the applicable Customer Agreement.

Fees, billing, and payment terms for Guardian are set out in the applicable order form or Customer Agreement.

A customer's term of access to Guardian, and any right to terminate it, is governed by the applicable Customer Agreement.

REELSafe may suspend or restrict access where reasonably necessary to protect Guardian, customers, users, or third parties, subject to applicable agreements and law.

When access ends, the handling of Customer Data is governed by the applicable Customer Agreement, our Privacy Policy, and applicable law.

To the maximum extent permitted by law, and except as expressly stated in a written Customer Agreement, Guardian is provided on an "AS IS" and "AS AVAILABLE" basis.

REELSafe disclaims warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability, except where such warranties cannot legally be excluded.

REELSafe does not guarantee that use of Guardian will prevent accidents, injuries, citations, penalties, environmental incidents, or other losses. Regulatory compliance depends on the specific facts and circumstances of an operation.

To the maximum extent permitted by applicable law, and except as otherwise provided in a written Customer Agreement, REELSafe and its officers, directors, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of or inability to use Guardian.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Except as otherwise provided in a written Customer Agreement and to the maximum extent permitted by law, customers agree to defend, indemnify, and hold harmless REELSafe and its officers, directors, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, and expenses arising from:

• Violation of these Terms or the Guardian Acceptable Use Policy by the customer or its authorized users
• Misuse of Guardian
• Violation of applicable law
• Infringement of another person's rights
• Customer Data submitted to Guardian

REELSafe may modify these Terms periodically.

Updated Terms will become effective when posted unless a different effective date is stated. Continued use of Guardian after changes become effective constitutes acceptance of the updated Terms to the extent permitted by law and subject to any applicable Customer Agreement.

These Terms will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, unless applicable law or a written Customer Agreement requires otherwise.

Any dispute concerning these Terms shall be brought in the courts having appropriate jurisdiction in the State of Texas, subject to any mandatory rights available under applicable law.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

These Terms, together with the policies incorporated into them and any applicable Customer Agreement, constitute the agreement governing use of Guardian.

Questions regarding these Terms may be directed to: