1. Acceptance of These Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you and TekRisk® ("TekRisk", "we", "us", or "our") governing your access to and use of the TekRisk platform, websites, and related services available at tekrisk.com (collectively, the "Service").
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. If you use the Service on behalf of a legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
The Service is intended for lawful business and professional use and may not be used by any person or entity subject to applicable sanctions or export controls.
3. User Accounts
To use most features, you must create an account using your email and a password, or by signing in with a supported identity provider (e.g., Google). You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information, and to promptly update it when it changes. You must notify us immediately of any unauthorized use of your account at privacy@tekrisk.com.
4. License to Use the Service
Subject to your compliance with these Terms and any applicable subscription, TekRisk grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business purposes.
No rights are granted by implication, estoppel, or otherwise beyond those expressly stated in these Terms.
5. Subscriptions, Fees, and Billing
Certain features of the Service are offered on a paid subscription basis. Pricing, billing cycles, and feature availability are described on the pricing page or in an applicable order form.
Fees are charged in advance and are non-refundable except as expressly stated or required by law. Subscriptions renew automatically for additional periods of the same length unless cancelled before the renewal date. You authorize us (or our payment processor) to charge your payment method for all applicable fees, taxes, and surcharges.
We may change fees or introduce new fees with at least 30 days' prior notice. If you do not agree, you may cancel before the change takes effect.
6. Your Content
You retain all rights in the data, documents, models, files, and other materials you upload, create, or generate within the Service ("User Content"). You grant TekRisk a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display User Content solely to the extent necessary to operate, maintain, secure, and improve the Service for you.
You are solely responsible for your User Content and for ensuring that you have all rights, permissions, and authorizations required to submit it. You must not submit content that infringes third-party rights, violates law, or contains malicious code.
7. Acceptable Use
You agree not to: (i) reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by applicable law; (ii) access or use the Service to build a competing product or service; (iii) circumvent security or authentication measures; (iv) scrape, crawl, or use automated means to extract data beyond permitted use; (v) upload viruses, malware, or other harmful code; (vi) use the Service in violation of any applicable law, regulation, or third-party right; or (vii) resell or sublicense the Service without our prior written consent.
8. Risk Analysis Results and Professional Responsibility
The physical-effects models implemented in the Service (toxic dispersion, thermal radiation, explosion overpressure, pool fire, flash fire, and fireball) are based on the methodologies established in the following internationally recognized references:
• Van den Bosch, C.J.H. and Weterings, R.A.P.M. (eds.), Methods for the Calculation of Physical Effects – CPR 14E ('Yellow Book'), 3rd edition, TNO / Publicatiereeks Gevaarlijke Stoffen PGS 2, Netherlands, 2005. Source, atmospheric dispersion, fire, and explosion effect models.
• Ermak, D.L., User's Manual for SLAB: An Atmospheric Dispersion Model for Denser-than-Air Releases, UCRL-MA-105607, Lawrence Livermore National Laboratory, Livermore, California, USA, June 1990. Lagrangian atmospheric dispersion model for denser-than-air gas releases, applied in the Service for toxic dispersion and flash-fire scenarios.
• Committee for the Prevention of Disasters, Methods for the Determination of Possible Damage to People and Objects Resulting from Releases of Hazardous Materials – CPR 16E ('Green Book'), Directorate-General of Labour, Ministry of Social Affairs and Employment, The Hague, Netherlands, 1992. Probit functions for estimating the probability of injury and death from exposure to thermal radiation, overpressure, and toxic substances.
• Uijt de Haag, P.A.M. and Ale, B.J.M., Guidelines for Quantitative Risk Assessment – CPR 18E ('Purple Book'), Publicatiereeks Gevaarlijke Stoffen PGS 3, RIVM / Ministry of Housing, Spatial Planning and the Environment, Netherlands, 2005. Methodology for individual risk calculation, FN curves, and risk acceptability criteria.
• CCPS – Center for Chemical Process Safety, Guidelines for Chemical Process Quantitative Risk Analysis (CPQRA), 2nd edition, American Institute of Chemical Engineers (AIChE), New York, 2000. Methodological framework for quantitative process risk analysis.
Although the methods employed are internationally recognized as industry standards for major-accident consequence assessment, their application requires specialized engineering judgment. The results produced by the Service must be reviewed, interpreted, and validated by competent process safety professionals before being used in operational, regulatory, or safety-critical decisions.
TekRisk does not practice engineering, provide engineering services, or issue safety certifications. You are solely responsible for (a) the accuracy and completeness of the inputs you provide; (b) the interpretation and use of outputs; (c) compliance with applicable laws, codes, and standards; and (d) any decisions made based on the outputs of the Service.
9. Intellectual Property
The Service, including its software, interfaces, models, algorithms, documentation, trademarks (including "TekRisk®"), and all related content, is owned by TekRisk or its licensors and is protected by intellectual property laws. Except for the limited license granted in Section 4, no rights are granted to you in the Service.
You may submit feedback, suggestions, or ideas regarding the Service. You grant us a perpetual, irrevocable, royalty-free, worldwide license to use such feedback for any purpose without obligation to you.
10. Third-Party Services
The Service may integrate with or rely on third-party services (including AWS, Google, and Mapbox). Your use of those services is subject to their own terms and privacy policies. TekRisk is not responsible for third-party services and disclaims liability for their acts or omissions, to the maximum extent permitted by law.
11. Suspension and Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access: (i) if you breach these Terms; (ii) if required to comply with law or a lawful request; (iii) to protect the Service or other users from security or legal risks; or (iv) upon at least 30 days' prior notice for convenience.
Upon termination, your license to use the Service ends, and we may delete your User Content in accordance with our data retention practices, except as required to be retained by law.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TEKRISK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR SUITABLE FOR YOUR SPECIFIC USE.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply only to the extent permitted by law, and statutory warranties toward consumers remain unaffected.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TEKRISK FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD 100 IF GREATER.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, in the EEA and the UK, liability for death or personal injury caused by negligence, fraud, or willful misconduct, and, for consumers, mandatory statutory rights.
14. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TekRisk and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your User Content; (ii) your use of the Service in violation of these Terms or applicable law; or (iii) decisions you make based on outputs of the Service.
This Section does not apply to consumers to the extent prohibited by applicable consumer protection law.
15. Governing Law
These Terms and any dispute arising out of or related to them are governed by the laws of the State of Delaware, United States, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer residing in the EEA, the UK, or Switzerland, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence.
16. Dispute Resolution
The parties will attempt in good faith to resolve any dispute through informal negotiation before resorting to formal proceedings. If a dispute cannot be resolved informally within 60 days, it shall be submitted to the competent state or federal courts located in Delaware, United States, except as provided below.
For users residing in the EEA, the UK, or Switzerland, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms restricts your right to use online dispute resolution platforms (e.g., the EU ODR platform) where available.
To the extent permitted by law, disputes will be resolved on an individual basis and not as part of any class or representative action.
17. Changes to These Terms
We may modify these Terms from time to time. For material changes, we will provide at least 30 days' prior notice by email or by posting a notice within the Service. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.
18. Miscellaneous
These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between you and TekRisk regarding the Service and supersede any prior agreements. If any provision is held to be unenforceable, the remaining provisions will remain in full force and effect. No waiver is effective unless in writing. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures due to events beyond its reasonable control (force majeure).
19. Contact
Questions about these Terms can be sent to:
TekRisk — Legal Team Email: legal@tekrisk.com