Terms of Use & SaaS Agreement: SMP 365
Effective Date: 9 May 2026
These Terms of Use and SaaS Agreement govern the use of SMP 365 software products, services, applications, APIs, and Microsoft Marketplace offerings provided by SMP 365 SAAS Pty Ltd.
1. Scope of Services
This Agreement applies to the following SMP 365 systems and modules:
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Operational Safety: Permit to Work, ICAM + AI Assisted Investigations, Risk Management, Incident Management.
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Compliance & Environment: EMS, Psychosocial Risk Management, Hazardous Goods Management.
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Workforce & Logistics: LMS, Contractor Management, Travel Management, Action Management.
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Data & Mobile: Dashboards & Analytics, Safety Mobile Applications.
2. SaaS Subscription Licensing
SMP 365 products are licensed on a subscription basis and are not sold outright. Subscriptions may include:
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Annual or Monthly licensing.
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Trial or Marketplace subscriptions.
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Enterprise, Site-based, or Tenant-based agreements.
Users may not bypass licensing controls, tamper with validation systems, or attempt unauthorized activation methods.
3. Microsoft Marketplace Billing
For products acquired through the Microsoft Marketplace, billing and subscription management are processed via Microsoft commercial systems. Note that marketplace subscriptions may automatically renew unless cancelled.
4. Acceptable Use
Customers agree not to use SMP 365 systems unlawfully, maliciously, fraudulently, or in any manner that breaches applicable laws or compromises system integrity.
5. Customer Responsibilities
The Customer remains solely responsible for:
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Workplace safety decisions and operational implementation.
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Investigation outcomes and permit approvals.
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Compliance obligations and the final review of AI-generated outputs.
6. AI-Assisted Functionality Disclaimer
Important: AI-generated outputs are assistive only and may contain inaccuracies. Human review and verification are mandatory. SMP 365 does not warrant the accuracy or completeness of AI-generated outputs.
7. Microsoft 365 & Customer Environment
SMP 365 systems operate within customer-controlled environments, including Microsoft 365, SharePoint Online, Microsoft Teams, Microsoft Azure, and Microsoft Graph.
8. Service Availability & Support
We provide commercially reasonable system availability but do not guarantee uninterrupted operation. Availability is subject to Microsoft platform outages, maintenance, and customer-side configurations.
9. Intellectual Property
All intellectual property rights in SMP 365 software, branding, APIs, and workflows remain the exclusive property of SMP 365 SAAS Pty Ltd. Customers retain ownership of their specific operational data and uploaded content.
10. Confidentiality
Both parties agree to protect confidential information disclosed during use, including investigation records, licensing credentials, and technical documentation.
11. Security
SMP 365 utilizes Microsoft security infrastructure. Customers are responsible for their own tenant governance, user permissions, and administrator access controls.
12. Limitation of Liability
To the maximum extent permitted by law, SMP 365 excludes liability for indirect loss, consequential loss, downtime, or customer misuse. Total aggregate liability shall not exceed the fees paid for the applicable subscription period.
13. Suspension & Termination
Access may be suspended or terminated if licensing terms are breached, payments are overdue, or security risks are identified.
14. Third-Party Services
Our systems integrate with Microsoft 365, SharePoint Online, Microsoft Azure, Microsoft Graph, Azure AI Services, and Microsoft Marketplace services.
15. Regulatory & International Use
Customers must ensure compliance with local workplace safety legislation and privacy obligations. Our systems support ISO-aligned frameworks but do not guarantee specific regulatory outcomes.
16. Changes to These Terms
SMP 365 may update these Terms periodically to reflect product, legal, or security changes.
17. Governing Law
This Agreement is governed by the laws of Western Australia, Australia.
18. Contact Information
SMP 365 SAAS Pty Ltd Global Microsoft-Integrated Safety & Risk Software Provider
Address: Level 2, 1 Prowse Street West Perth WA 6005 Australia
Email: support@smp365.com Web: www.smp365.com
