Welcome to SiteTag. These Terms and Conditions ("Terms") govern your access to and use of the SiteTag website, our cloud-based management dashboard, and the physical SiteTag NFC wearable hardware (collectively, the "Services"). By purchasing, accessing, or using the Services, you (the "Client" or "Employer") agree to be bound by these Terms. You represent that you have authority to bind yourself or any party you represent to this Agreement.
Section 01
Description of Services
SiteTag provides a B2B hardware-enabled Software-as-a-Service (SaaS) platform designed for the construction and heavy industry sectors. The Services consist of:
Hardware: Ruggedized, passive Near-Field Communication (NFC) tags manufactured from thermoplastic polymers, designed to be affixed to worker Personal Protective Equipment (PPE).
Software Dashboard: A cloud-based platform allowing authorized Employer representatives to upload, assign, and manage worker safety certifications, emergency contacts, and company documents.
Public-Key Retrieval: A credential-less web application that instantly displays a worker's assigned digital profile when a SiteTag is scanned by an NFC-enabled smartphone.
Section 02
B2B Account and Data Ownership
SiteTag is strictly a Business-to-Business (B2B) service.
Client Responsibility: The Client (the Employer or General Contractor purchasing the subscription) is solely responsible for creating and maintaining accounts, distributing hardware to workers, and managing the data uploaded to the Dashboard.
Data Integrity: The Client warrants that all uploaded digital safety tickets, trade qualifications, and site orientation records are accurate, current, and legally valid. SiteTag acts only as a hosting and retrieval system and assumes no liability for fraudulent, expired, or incorrect compliance data uploaded by the Client.
Section 03
Credential-Less Access and Worker Consent
The core functionality of the SiteTag hardware relies on frictionless, app-free access.
Public Retrieval Acknowledgment: The Client acknowledges that SiteTag does not utilize user authentication or logins for the scanning party. Anyone with an NFC-enabled device in physical proximity to the SiteTag can view the associated digital profile.
Representation of Consent: The Client represents and warrants that it has obtained legally binding, explicit written consent from every individual worker (as required by the BC Personal Information Protection Act, PIPA, and other applicable privacy laws) prior to uploading their data to the SiteTag platform and making it publicly accessible via NFC tap.
Section 04
Prohibition of Medical Data & Right of Removal
To protect worker privacy, SiteTag strictly prohibits the storage of protected health or medical information.
Permitted Data: The Emergency Protocols section is strictly limited to emergency contact names, phone numbers, and optional, non-medical "quick notes."
Prohibited Data: Clients and workers must not upload sensitive medical records, diagnoses, blood types, or specific allergy information.
Right to Remove Content: SiteTag reserves the unilateral right to immediately delete or redact any data—including custom "quick notes"—without notice, if it determines that the data contains prohibited medical information, defamatory content, malicious links, or otherwise violates these Terms.
Section 05
Sub-Contractor and Third-Party Personnel
If the Client utilizes the Services to manage personnel they do not directly employ (including sub-contractors, independent trades, or site visitors), the Client remains 100% liable for compliance with these Terms. This includes the absolute responsibility for ensuring data accuracy and obtaining explicit privacy consent from those third-party workers.
Section 06
Payment, Suspension, and Termination
The Services operate on a Hardware-Enabled SaaS model requiring an active, paid monthly subscription for software access.
The "Kill Switch": If the Client's SaaS account falls into arrears, SiteTag reserves the right to suspend the web URL payload associated with the Client's physical tags.
Suspension Liability: During any period of suspension due to non-payment, scanning the physical SiteTags will not retrieve compliance data. SiteTag shall not be held liable for any operational delays, site access denials, or failed safety audits resulting from this suspension.
Section 07
Hardware Functionality and Limited Warranty
Limited Warranty: SiteTag provides a thirty (30) day limited warranty against manufacturing defects in the physical tags, commencing from the date of delivery.
Exclusions: Construction is a hazardous environment. This warranty explicitly excludes hardware that is lost, stolen, crushed by machinery, modified, or otherwise damaged through ordinary site wear and tear, extreme force, or misuse.
Connectivity Requirements: SiteTag requires the scanning device to have an active cellular or Wi-Fi internet connection to resolve the payload. SiteTag is not liable for the inability to retrieve worker data in locations lacking cellular service (e.g., deep underground parkades, remote resource sites).
Section 08
Intellectual Property
All intellectual property rights in the Services, including but not limited to the cloud architecture, NFC payload formatting, Dashboard interface, and SiteTag branding, remain the exclusive property of SiteTag. The Client is granted a limited, non-exclusive, non-transferable license to use the Services for internal business and compliance purposes during the active subscription term.
Section 09
Indemnification
The Client agrees to defend, indemnify, and hold harmless SiteTag, its founders, officers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- The Client's violation of these Terms.
- The Client's failure to obtain legal privacy consent from workers.
- The upload of inaccurate, fraudulent, or prohibited data to the Dashboard.
- Any third-party lawsuits (including those from sub-contractors or individual workers) arising from the Client's use of the Services.
Section 10
Limitation of Liability and Regulatory Exemption
Administrative Aid: SiteTag is an administrative compliance tool, not a guarantor of job site safety.
Regulatory Exemption: Under no circumstances shall SiteTag be held liable for any regulatory penalties, fines issued by WorkSafeBC (or equivalent occupational health and safety regulators), stop-work orders, or failed Certificate of Recognition (COR) audits.
Liability Cap: To the maximum extent permitted by applicable law, SiteTag shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or workplace accidents. In no event shall SiteTag's aggregate liability exceed the total subscription fees paid by the Client to SiteTag in the twelve (12) months preceding the claim.
Section 11
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in British Columbia.
Questions about these Terms? hello@sitetag.ca