FORC Inspection Terms of Service

1. Who we are

FORC Inspection (F.O.R.C. — Facilities Operational Reports & Compliance) 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 FORC Inspection, you agree to them. If you sign up for a company, you confirm you are allowed to agree for that company. FORC Inspection is for business use only. If you are a U.S. Government customer, see section 16.

2. What FORC Inspection does, and what it does not do

FORC Inspection is a tool for collecting, managing and reporting equipment inspections. Your workers scan a QR sticker on a piece of equipment (for example a forklift, lift, fire extinguisher or eyewash station) and record an inspection; your managers see those records, reported problems and missed checks.

Who is responsible for safety. You, the customer, keep full responsibility for workplace and equipment safety, including: making sure equipment is inspected appropriately and as often as required; addressing defects; removing unsafe equipment from service; training, evaluating and certifying your personnel (for example operator training under OSHA 29 CFR 1910.178(l)); following the manufacturer's instructions; using qualified technicians and licensed contractors where required (for example annual fire extinguisher maintenance); and meeting your own duties under OSHA, Oregon OSHA and other rules. FORC Inspection is not a workplace safety auditor, an inspection certification provider, or an equipment maintenance service, and does not take on any of these responsibilities.

A completed inspection is not a certification. No inspection, "pass" result, status, report or export in FORC Inspection is a statement or certification by us that any equipment is safe, serviceable or compliant. Never use equipment you believe is unsafe because the app shows it passed. Our checklists are general starting points; you are responsible for making sure each checklist fits the equipment's manufacturer instructions, the rules that apply to you, and your site.

Who submitted a record. Workers do not sign in. A QR sticker identifies the equipment, not the person scanning it. We do not verify the identity of anyone who submits an inspection. A record shows only that someone who typed the name shown submitted the answers shown, at the time shown, from a device that scanned that equipment's sticker. It does not by itself prove who that person was or that the inspection was actually performed.

Record keeping is your decision. OSHA has stated that its forklift pre-operation examination rule does not itself require written records, and no single retention period applies to every kind of equipment record. You decide whether to keep records, for how long, and whether FORC Inspection is enough for your needs; export what you must keep (section 6).

3. Accounts and security

Managers sign in with a one-time email code and may turn on two-step sign-in. Keep access to your email account secure. Workers do not sign in (see section 2): anyone who can scan an equipment QR sticker can submit an inspection for that equipment, so place stickers where only your workers can use them, treat them like keys, and retire lost or copied stickers in the app. You are responsible for who you invite, for your users' actions, and for what they submit. Tell us right away at forc@theorc.dev if you think your account has been misused.

4. Plans, billing and cancelling

• Free plan. One site and up to 3 pieces of equipment are free with no card required, for as long as we offer the free plan. We may change free-plan limits or features, or discontinue the free plan, with at least 30 days' notice by email (shorter only where an urgent security or legal issue requires it). Before free features or access are removed you will have a practical chance to export your records. We do not promise that free access, or unlimited free storage, will last forever.
• Paid subscriptions renew monthly in advance. They are billed through Stripe, our payment processor, and renew automatically each month until you cancel. Stripe handles your card and emails a receipt for each charge; we never see or store full card numbers.
• Prices are shown on the pricing page and at checkout. We will give at least 30 days' notice by email before a price increase, which applies from your next billing period after the notice period.
• Cancelling. You may cancel at any time, directly from the Plan page (Manage billing) in your account. Cancellation prevents future renewals, and paid access continues through the current billing period.
• Refunds. We do not provide prorated refunds for unused subscription periods, except where required by applicable law, expressly offered by FORC, or owed because we terminate the service without cause. We will refund billing mistakes, duplicate charges, and paid service we did not deliver.
• Failed payments. If a payment fails, your paid plan stays active for 14 days while the card is retried and we email the billing owner. If it is not fixed within 14 days, your account moves to the free plan. Your records are not deleted because of a failed payment.
• Taxes. Prices exclude applicable taxes unless expressly stated otherwise. We will calculate, collect, and remit taxes where legally required. Any applicable taxes and shipping charges will be disclosed before payment. If you are tax-exempt, send us your exemption certificate.

5. Mailed stickers (when offered)

• When available, you can order printed sticker sheets. You can always print your own stickers for free.
• We initially ship to U.S. addresses only, by USPS. The price, any tax and the shipping charge are shown at checkout before you pay.
• Shipping time. Stickers ship within 7 to 10 business days of your order. If we can't ship within the time we stated (or within 30 days if no time was stated), we will tell you, give you the option to agree to the delay or cancel for a full refund, and refund you promptly if you cancel or don't respond, as the FTC Mail, Internet, or Telephone Order Merchandise Rule requires.
• Final sale, with exceptions. Because stickers are printed for your equipment, correctly produced stickers are final sale. If stickers arrive damaged, defective, incorrect or unusable (for example they don't scan), tell us within 30 days and we will replace them or refund the order. This does not limit any rights you have under applicable law.
• 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 equipment list, checklists, inspection records, photos and notes ("your data"). You give us permission to host, copy and process your data only to provide, secure and support FORC Inspection for you. We may use aggregated, de-identified usage statistics that do not identify you or any person to run and improve the service.
• Export: you can download your records (CSV and PDF) at any time while your account exists, including after a paid plan ends and before any deletion below.
• Your retention needs are yours. You are responsible for setting a retention schedule that meets your own legal, insurance and business needs, and for exporting records you must keep.
• Retention schedule.
  • Free accounts are deleted after 90 days with no activity. Activity means any manager sign-in or any inspection submitted by scanning a QR sticker. We email the account owner a warning at day 60 and again at day 83; each email has a one-click "keep my account" link, and using it counts as activity.
  • Paid accounts after cancellation: when the paid period ends, the account stays available read-only (view and export) for 90 days, then it is deleted. We email the account owner 30 days before deletion and again about 7 days before.
  • You may ask us to delete your data earlier at any time (see below).
  • We don't delete data automatically until this schedule is switched on in the product; we will email account owners before it starts.
• After deletion: data is removed from the live system on, or within 30 days after, the deletion date; database backups (point-in-time recovery) age out within 35 days; older stored photo versions are removed within 90 days. We don't keep your data longer than one year after deletion unless the law requires it.
• Deletion on request: the account owner can ask us to delete the account's data by emailing support from the owner's address. We delete it from the live system within 30 days of the request, and it then ages out of backups as described above. Our own billing and tax records (invoices and payment records, not inspection data) are kept as long as tax law requires, generally up to 7 years, mostly by Stripe.
• See the Privacy Policy for how we handle personal information and the types of service providers we use.

6A. How we process your data

For your data, you decide what is collected and why, and we process it only on your instructions as set out in these terms. People and providers who can access it are bound by confidentiality. We use the service providers (subprocessors) listed in the Privacy Policy, will give 30 days' notice of a new one by updating that list and emailing account owners, and remain responsible for them. Your data is stored in the United States. We will reasonably help you answer requests from your workers about their information, and we delete or return your data as described in section 6.

6B. Security and incidents

We protect your data with reasonable safeguards appropriate to it, including encryption in transit and at rest, access controls, logging and a web firewall. If we confirm a security incident that leads to unauthorized access to your data, we will notify your account owner without undue delay and within 72 hours, tell you what we know, what we are doing and what you may need to do, and keep you updated.

7. Acceptable use and prohibited data

Don't use FORC Inspection to break the law, submit false records, upload content you don't have the right to, harass anyone, try to access other customers' data, probe, overload or attack the service, or resell it without our written OK.

Prohibited data. Do not upload Controlled Unclassified Information (CUI), export-controlled technical data (ITAR/EAR), classified information, health information subject to HIPAA, payment card numbers, or government ID numbers. FORC Inspection is not authorized or designed for that information. Keep notes and photos to what the inspection needs.

We may suspend access that breaks this section or threatens the service or other customers. Where we reasonably can, we will tell you first and give you a chance to fix it.

8. Support and accessibility

Email forc@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. FORC Inspection is not an emergency service; don't rely on it to reach anyone in an emergency. We aim to meet WCAG 2.1 AA; tell us about any accessibility barrier and we will work to fix it.

9. Changes to the service and these terms

We may update FORC Inspection and these terms. For material changes we'll email account owners at least 30 days before they take effect, and changes apply from your next billing period after that. If a change materially harms you, you may cancel before it takes effect and we will refund prepaid fees for the unused period. Continuing to use the service after a change takes effect means you accept it. Changes do not apply to a signed order or addendum unless both parties agree in writing. 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

FORC Inspection 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 or uninterrupted, that any checklist is complete for your equipment, or that using it will make you compliant with any law.

11. Limitation of liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY.

(a) EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED THAT THEY WERE POSSIBLE.

(b) AGGREGATE CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FORC AND OREGON RADIO COMPANY LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY LEGAL THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE), WILL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR CUSTOMERS WHO HAVE NOT PAID FEES DURING THAT PERIOD, THE AGGREGATE CAP IS $100.

(c) Exceptions. Sections (a) and (b) do not limit: liability for fraud or fraudulent misrepresentation; liability for gross negligence or willful misconduct; any liability that cannot be limited or excluded under applicable law; your obligation to pay fees; or a party's defense obligations under section 12.

12. Indemnity

By us. We will defend you against any third-party claim alleging that FORC Inspection, as we provide it, infringes a U.S. patent, copyright or trademark, and pay the damages and costs finally awarded or agreed in a settlement we approve. If that happens we may modify the service, get you the right to keep using it, or end it and refund prepaid unused fees. This does not cover claims caused by your data, your checklists, or combinations we did not provide.

By you. You will defend us against third-party claims (including by your workers, contractors or regulators) to the extent they arise from: (1) your operation, maintenance or use of your equipment; (2) the acts or omissions of your employees, contractors or other personnel; (3) inspection submissions made through your QR stickers, including unauthorized submissions; (4) your misuse of the service or breach of section 7; or (5) records, checklists or other content you provide, or decisions you make using them. You will pay the damages and costs finally awarded or agreed in a settlement you approve, to the extent attributable to you. You do not have to indemnify us for claims to the extent caused by our own fraud, gross negligence, willful misconduct or unlawful conduct.

Process. The party seeking defense must (i) notify the other party promptly in writing (a delay only reduces the obligation to the extent it causes prejudice); (ii) give the defending party sole control of the defense and settlement, except that no settlement may admit fault or impose an obligation on the protected party without its written consent; and (iii) reasonably cooperate, at the defending party's expense. The protected party may join with its own counsel at its own cost. This section does not apply to U.S. Government customers (section 16).

13. Ending the agreement

You can cancel at any time. We can suspend or end your account for a serious breach of these terms that you don't fix within 10 days of notice (or immediately for abuse that threatens the service or others). We can 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. Sections 6, 10, 11, 12, 14 and 17 survive.

14. Law and disputes

These terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules, subject to any mandatory law that applies. Before filing a claim, each side will try in good faith to resolve the dispute informally by written notice and discussion for 30 days; either side may skip this step to seek urgent injunctive or other emergency relief from a court. There is no mandatory arbitration. The exclusive venue for any claim is the state courts located in Lane County, Oregon, or the United States District Court for the District of Oregon where federal jurisdiction exists, and both sides consent to those courts.

15. Contact and notices

Oregon Radio Company LLC · forc@theorc.dev. We send notices to the account owner's email address. Send notices to us, including legal notices, by email to forc@theorc.dev.

16. U.S. Government customers

If you are an agency or instrumentality of the U.S. Government, our Federal Government Addendum (available from us and incorporated when referenced in your order) applies and controls over these terms. Among other things, it provides that federal law governs, removes indemnification by the Government, automatic renewal and unilateral changes, and follows the order of precedence in FAR 52.212-4. Clicking "agree" does not bind the Government to terms the Addendum or federal law excludes. FORC Inspection is provided as a commercial service.

17. General

• Entire agreement. These terms, the Privacy Policy and any signed order or addendum are the whole agreement. If they conflict, a signed order or addendum controls, then these terms, then the Privacy Policy.
• Assignment. Neither party may assign these terms without the other's consent, except to a successor in a merger or sale of substantially all of the business or assets, with notice.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of internet or cloud providers, war, or government action. This does not excuse payment.
• Severability and waiver. If part of these terms is unenforceable, the rest stays in effect and that part is enforced as far as allowed. Not enforcing a term is not a waiver.
• Independent parties. We are independent contractors; nothing here creates a partnership, employment or agency.
• Export. You will comply with U.S. export and sanctions laws and won't use the service in or for an embargoed country or a restricted party.
• Feedback and publicity. We may use suggestions you send without obligation. We won't use your name or logo as a customer reference without your written permission.