DRAFT, not in effect, not legal advice. Written in plain English by Oregon Radio Company LLC as a starting point. It has not been reviewed by a lawyer. Items marked [REVIEW] need a decision before launch.

1. Who we are

OrcInspect is run by Oregon Radio Company LLC, an Oregon limited liability company ("we", "us"). These terms are an agreement between us and the business that signs up ("you", "the customer"). By creating an account or using OrcInspect, you agree to them. If you sign up for a company, you confirm you are allowed to agree for that company.

2. What OrcInspect does, and what it does not do

OrcInspect lets your operators scan a QR sticker on a machine and record a pre-use inspection, and lets your managers see those records, problems and missed checks.

OrcInspect is a record-keeping tool. It does not replace:

• operator training, evaluation and certification (for example under OSHA 29 CFR 1910.178(l));
• your own duties as an employer under OSHA and state rules (including Oregon OSHA), such as examining trucks before use and removing unsafe trucks from service;
• the manufacturer's maintenance schedule, qualified mechanics, or your own judgment.

Our checklists are general starting points. You are responsible for making sure the checklist for each machine matches its manufacturer's manual and your site. An "All Good" record means an operator said the machine was inspected; it is not our statement that the machine is safe. Never operate a machine you believe is unsafe because the app says it passed. [REVIEW]

3. Accounts and security

Managers sign in with a one-time email code. Keep access to your email account secure. Operators do not sign in; anyone holding a machine's QR sticker can submit an inspection for that machine, so treat stickers like keys and cancel lost ones in the app. You are responsible for who you invite and for what your users submit.

4. Plans, billing and cancelling

• First machine free. One machine is free with no card required, for as long as we offer the free plan. We may change the free plan with 30 days' notice. [REVIEW]
• Paid plans are billed monthly in advance through Stripe, our payment processor. Stripe handles your card; we never see or store full card numbers.
• Prices are shown on the pricing page. We will give at least 30 days' notice by email before a price increase takes effect.
• Cancel anytime from the billing page. Your plan stays active until the end of the month you already paid for, then it does not renew. We do not refund partial months, except where the law requires it. [REVIEW]
• Failed payments. If a payment fails and is not fixed within 14 days, we may move your account to the free plan. Your records are not deleted because of a failed payment.
• Prices do not include taxes. You pay any sales or use taxes that apply. [REVIEW: sales tax on SaaS and stickers outside Oregon]

5. Mailed stickers

• You can order printed sticker sheets. You can always print your own stickers for free.
• We aim to ship within 5 business days to US addresses by regular mail. Shipping dates are estimates. [REVIEW: price, carrier, and whether you ship outside the US]
• Refunds: if stickers arrive damaged, misprinted, or don't scan, email us within 30 days and we will reprint them or refund the order. Because stickers are printed for your machines, we can't refund correctly printed stickers you no longer want.
• Stickers are built to scan reliably but will wear. Replace damaged stickers; we don't guarantee how long they last in your environment.

6. Your data

• You own your data: your machines, checklists, inspection records, photos and notes. You give us permission to store and process it only to run OrcInspect for you.
• Export: you can download your records (CSV and PDF) at any time while your account is open, and for 30 days after you cancel.
• After cancellation: we keep your data for 90 days in case you come back, then delete it from the live system. Backups expire within the following 12 months. You can ask us to delete it sooner by emailing support. [REVIEW: you may need to keep inspection records longer for your own compliance; export them before deletion]
• See the Privacy Policy for how we handle personal information.

7. Acceptable use

Don't use OrcInspect to break the law, submit false records, upload content you don't have the right to, try to access other customers' data, overload or attack the service, or resell it without our written OK. We may suspend accounts that do.

8. Support

Email support@theorc.dev. We are a small company. We answer on a best-effort basis, usually within 2 business days, but we don't promise a response time or uptime. OrcInspect is not an emergency service; don't rely on it to reach anyone in an emergency.

9. Changes and availability

We may update OrcInspect and these terms. For material changes we'll email account owners at least 30 days ahead. We try to keep the service running but it may sometimes be unavailable, including for maintenance. Keep a paper backup process for inspections if the app is down.

10. No warranty

OrcInspect is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the extent the law allows. We don't promise that the service will be error-free, that any checklist is complete for your equipment, or that using it will make you compliant with any law. [REVIEW]

11. Limitation of liability

To the fullest extent the law allows: we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data, fines or penalties; and our total liability for any claim relating to OrcInspect is limited to the amount you paid us in the 12 months before the claim (or $100 if you used only the free plan). This does not limit liability that can't be limited by law. [REVIEW: this is the most important section to have checked]

12. Indemnity

You agree to cover us for claims by third parties (including your employees) arising from your equipment, your workplace, your users' records, or your breach of these terms. [REVIEW]

13. Ending the agreement

You can cancel at any time. We can end or suspend your account for a serious breach of these terms, or end the service for everyone with 60 days' notice, in which case we'll refund any prepaid unused time and give you time to export.

14. Law and disputes

These terms are governed by the laws of the State of Oregon. Disputes will be handled in the state or federal courts located in Oregon, after both sides first try to resolve them by email for 30 days. [REVIEW: county, and whether you want arbitration]

15. Contact

Oregon Radio Company LLC · support@theorc.dev · [mailing address] [REVIEW]