Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and your organization (“Customer,” “you,” or “your”) and Tektite Holdings LLC (“Tektite,” “we,” “us,” or “our”), governing your access to and use of the EHSGuard software-as-a-service platform, including all related applications, documentation, and services (collectively, the “Service”).

By completing the signup process, checking the acceptance box, or otherwise accessing or using the Service, you represent that you have the authority to bind your organization to these Terms and that your organization agrees to be bound by them in full. If you do not agree, do not use the Service.

2. Description of Service

EHSGuard is a multi-tenant, cloud-based Environmental Health & Safety management platform that enables organizations to track incidents, manage training records, maintain safety data sheets, document action items, store compliance records, and perform related EHS management functions. The specific features available to your organization depend on the subscription plan you select.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time with reasonable prior notice. We will not materially reduce the core functionality of your subscribed plan without providing at least thirty (30) days’ notice and a pro-rated refund option.

3. Subscriptions and Payment

Subscription Plans. EHSGuard is offered on a subscription basis. Your access to the Service is contingent on maintaining a current, paid subscription at the plan tier you selected during signup. Plan features and employee ceilings are described on the Pricing page and are incorporated into these Terms by reference.

Billing. You authorize Tektite to charge the payment method you provide on a recurring basis (monthly or annual, as selected) for your subscription fees, applicable taxes, and any overage charges. All amounts are stated in US dollars. Payments are processed by Stripe, Inc. Tektite does not store your full card number or bank account details.

Taxes. Subscription fees are exclusive of applicable taxes. Where required by law, sales, use, or similar taxes will be calculated and collected automatically. You are responsible for any taxes imposed on your organization’s use of the Service.

Price Changes. We may change subscription prices with at least thirty (30) days’ written notice. Continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

Monthly Plan Cancellations. If you are subscribed to a monthly plan, you may cancel at any time through the Billing Settings in your account. Cancellation takes effect at the end of your current billing period. The current month is non-refundable — you retain full access through the end of the period you have already paid for. You will not be charged for any subsequent months.

Annual Plan Refunds. If you purchased an annual plan and paid upfront, you may request a refund at any time through the Billing Settings in your account. Refunds are calculated as follows:

• The current billing month at the time of your cancellation is non-refundable. You retain full access through the end of that month.
• You will receive a prorated refund for each full remaining month from the next billing month through the end of your contract term. The refund is calculated at the monthly equivalent rate, defined as your total annual payment divided by eleven (11) — representing the eleven months actually billed under the annual plan.
• Annual plans include one complimentary month of service. In the event of cancellation, this complimentary month is treated as a standard paid monthly period and is not included in the refund calculation. If the complimentary month falls within the remaining term at the time of cancellation, it will be excluded.

Example: If you are in month 4 of a 12-month Standard plan ($5,489/year) and request a cancellation, months 5 through 11 are refundable (7 months × $499 = $3,493). Month 12, which was provided at no charge, is not included in the refund.

4. Account Registration and Access

You must provide accurate, complete information during signup and keep your account information current. The individual who completes signup is designated as the SuperUser administrator for your organization and is responsible for managing user access within the platform.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at ehs@tektite-energy.com if you suspect unauthorized access to your account.

You may not share login credentials between multiple individuals. Each user must have their own account. You are responsible for all users you add to your organization’s EHSGuard account and for their compliance with these Terms.

5. Data Privacy and Security

Your Data. You retain ownership of all data, records, files, and information you submit to the Service (“Customer Data”). You grant Tektite a limited, non-exclusive license to process Customer Data solely as necessary to provide the Service.

Tenant Isolation. EHSGuard is architected with strict multi-tenant data isolation. Your organization’s data is logically separated from all other organizations’ data. No other organization can access your data through the platform.

Security Measures. We implement commercially reasonable technical and organizational measures to protect Customer Data, including encrypted data storage, role-based access controls, multi-factor authentication, and audit logging. However, no system is completely secure and we cannot guarantee absolute security.

Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the processing of personal data as described therein.

Data Retention. Upon termination of your subscription, we will retain your Customer Data for sixty (60) days to allow for data export. After that period, we may permanently delete your data from our systems. You are responsible for exporting any data you wish to retain before account termination.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Upload or transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to any part of the Service or its underlying systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to store or transmit data that infringes third-party intellectual property rights
• Resell or sublicense access to the Service without our written consent
• Conduct load testing or automated scanning that materially degrades Service performance for other users
• Use the Service for any purpose other than your organization’s internal EHS management

We reserve the right to suspend or terminate access immediately if we reasonably determine that your use violates this section.

7. Intellectual Property

The Service, including all software, algorithms, user interfaces, documentation, and trademarks, is and remains the exclusive property of Tektite Holdings LLC. These Terms do not grant you any ownership interest in the Service. All rights not expressly granted herein are reserved by Tektite.

You grant Tektite permission to use aggregated, anonymized usage data derived from your use of the Service for the purpose of improving the Service and developing new features. This data will not identify your organization or any individual.

8. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TEKTITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

EHSGuard is a recordkeeping and management tool. It does not constitute legal, safety, regulatory, or professional advice. Your organization remains solely responsible for its compliance with applicable occupational health, safety, and environmental laws and regulations, including OSHA requirements.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEKTITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TEKTITE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

10. Termination

By You. You may cancel your subscription at any time through the Membership settings in your account. Cancellation takes effect at the end of your current billing period.

By Tektite. We may suspend or terminate your access to the Service immediately if you materially breach these Terms, fail to pay amounts due, or if required by law. We may also terminate your account with thirty (30) days’ notice for any other reason.

Effect of Termination. Upon termination, your right to access the Service ends. Sections 5 (Data Privacy), 7 (Intellectual Property), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 11 (Governing Law), and 12 (Disputes) survive termination.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms must be brought exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction in those courts.

12. Dispute Resolution

Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute informally by providing written notice to the other party and engaging in good-faith negotiations for at least thirty (30) days. If the dispute is not resolved within that period, either party may pursue available legal remedies.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by displaying a prominent notice in the Service at least fourteen (14) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Miscellaneous

These Terms, together with any plan-specific order details and our Privacy Policy, constitute the entire agreement between you and Tektite regarding the Service and supersede all prior agreements or understandings. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision does not constitute a waiver. You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Us

For questions about these Terms, please contact: