Master Subscription & Services Agreement (MSA)
Terms & Conditions for Rivkor Platform
Effective Date: October 8, 2026
Owner: True Bearing Safety Solutions, LLC (Anchorage, Alaska) · Contact: info@truebearingsafety.com
This Master Subscription & Services Agreement (“Agreement”) is between True Bearing Safety Solutions, LLC (“True Bearing”) and the entity named on the applicable Order (“Customer”). By executing an Order referencing this Agreement, Customer agrees to be bound by these terms governing Customer’s paid use of the Rivkor platform (“Platform”). If a conflict exists between this Agreement and an Order, the Order controls for the specific items it addresses.
1. Overview; Ordering; Provision & Access
Customer will order subscriptions and professional services via an Order. Subject to payment of fees and compliance with this Agreement and the Order, True Bearing grants Customer a non-exclusive, non-transferable right to access and use the Platform during the Subscription term, and will provide professional services if purchased.
2. Subscriptions; Usage Metrics & Credentials
Subscriptions are purchased for stated terms. Access may be limited by usage metrics (e.g., active users, sites/projects). Credentials are individual and must not be shared; reassignment is permitted only to replace a departing user. If Customer exceeds a usage limit, True Bearing may invoice excess usage at then-current rates or Customer may reduce usage.
3. Free Services & Trials
Any free evaluation access (“Free Services”) is provided AS IS, with limited support and no SLA, and may be modified or terminated at any time. Commitments applicable to paid subscriptions do not apply to Free Services.
4. Beta Features
Beta/pre-release features may be provided AS IS, may change or be withdrawn, have limited support, no SLA, and are not for safety-critical use.
5. Non-Reliance; No Compliance Guarantee (EHS)
The Platform assists with tracking and documentation (including training assignments, incidents, inspections, dashboards) but does not constitute legal, regulatory, or professional advice and does not guarantee compliance with OSHA, EPA, ISO, or any laws or standards. Customer remains solely responsible for safety and regulatory obligations.
6. Safety-Critical Exclusion
The Platform is not designed for safety-critical decisions, emergency response, or as the sole system of record. Customer must validate outputs and maintain appropriate procedures and alternative controls.
7. Customer Responsibilities
- Configure forms, templates, and training appropriately;
- Ensure accuracy of entered data and maintain official records;
- Control user access and comply with applicable laws;
- Validate OSHA classifications and submissions independently.
8. Intellectual Property; Feedback
True Bearing owns or licenses all IP in the Platform. No rights are granted other than access/use during the Subscription. Customer grants True Bearing a non-exclusive, royalty-free license to use feedback to improve Rivkor.
9. De-Identified / Aggregated Data
True Bearing may use de-identified and aggregated data (not reasonably linkable to a person or company) to improve services, analytics, and benchmarks. True Bearing will not disclose Customer-identifying analytics without consent.
10. Security; Privacy; Subprocessors
True Bearing will implement reasonable administrative, technical, and physical safeguards (e.g., MFA for admins, least privilege, encryption in transit and at rest, logging, vulnerability management, incident response). Processing of personal data is governed by the Privacy Policy and the applicable Data Processing Addendum (DPA). True Bearing may engage subprocessors subject to equivalent obligations.
11. Availability; Support
True Bearing strives for reliable operation. Unless otherwise stated in an Order, no formal SLA is provided. Support is provided during business hours on a commercially reasonable basis.
12. Fees; Taxes; Invoicing
Fees are stated in the Order. Amounts are due as specified; late amounts may accrue interest. Prices exclude taxes and regulatory fees; Customer is responsible for applicable taxes (other than taxes on True Bearing’s income).
13. Term; Termination; Suspension
The Agreement continues while any Subscription is active. Either party may terminate for material breach not cured within 30 days. True Bearing may suspend access for security risks, non-payment, or legal requirements. Upon termination, True Bearing will provide a commercially reasonable opportunity to export Customer Data.
14. Warranties; Disclaimers
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TRUE BEARING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS. TRUE BEARING’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE PLATFORM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. Indemnification
Customer will indemnify and hold harmless True Bearing from claims arising out of Customer’s content/data, use of the Platform, breach of this Agreement, or violation of laws or third-party rights. True Bearing will indemnify Customer against claims alleging the Platform infringes IP rights, except for combinations, modifications, or use contrary to documentation.
17. Assignment; Spin-out
Either party may assign this Agreement to an affiliate or successor, or in connection with a merger, reorganization, or spin-off, upon notice. True Bearing may spin out the Platform to a separate entity; in such event, True Bearing will provide reasonable notice and continuity of protections. Customer consents to assignment in connection with such transactions.
18. Governing Law; Dispute Resolution
This Agreement is governed by the laws of the State of Alaska, without regard to conflicts rules. Disputes will be resolved by binding arbitration in Anchorage, Alaska, administered by AAA under its Commercial Rules, after a 30-day good-faith negotiation period. Judgment may be entered in any court of competent jurisdiction.
19. Entire Agreement; Order of Precedence
This Agreement, together with Orders and incorporated policies, constitutes the entire agreement. If any provision is held unenforceable, the remainder survives.
Questions? Contact info@truebearingsafety.com.
