These Platform Terms of Use (“Terms”) are between you and Protex AI Limited (“Protex AI”, “we”, “us”) and govern your access to and use of the Protex AI cloud-based platform, including Protex Intelligence where enabled (“Platform”, as defined in Section 1).

Your access to the Platform is provided by your employer or the organisation that has entered into a Master Services Agreement with Protex AI (“MSA”) (your “Employer” or “Client”). These Terms govern your use of the Platform solely in your capacity as an authorised user. They do not create a separate commercial relationship between you and Protex AI.

By accessing or using the Platform, including by signing in, you agree to these Terms. If you do not agree, you may not use the Platform.

Protex AI Limited is incorporated in Ireland (registration number: 691369). Registered address: Kilcaskin, Grange, Lisnagry, Limerick, V94 P2W1, Ireland. These Terms are provided alongside, and do not replace or amend, the MSA between Protex AI and your Employer.

1.  Definitions

The following terms have the meanings given below when used in these Terms. Capitalised terms not defined here have the meanings given to them in the MSA between Protex AI and your Employer.

“Client” or “Employer” means the entity that has entered into the MSA with Protex AI and has authorised you to access the Platform.

“Generated Output” means reports, event recordings and imagery, recommendations, suggestions, graphical data, inferences, predictive analytics, natural language responses, contextual suggestions, and other data insights generated by the Platform or through your use of the Platform, including output generated by Protex Intelligence, to the extent that such output has made use of Client data. All Generated Output is subject to the disclaimers in Section 7.

“MSA” means the Master Services Agreement entered into between Protex AI and your Employer, as executed and in effect from time to time.

“Offering” has the meaning given to it in the MSA and includes, collectively, the Platform, Device(s), and Services.

“Platform” means Protex AI’s proprietary computer-vision based software and cloud-based system, including artificial intelligence models, algorithms, tools, features, dashboards, APIs, and associated technologies, as made available to your Employer under the MSA. The Platform includes optional modules such as Protex Intelligence and Real-Time Alerts and/or Real-Time Interventions, where enabled under the MSA. For the purposes of these Terms, the Platform does not include the Protex Pocket mobile application, which is governed by separate end user terms.

“Protex Intelligence” means the generative AI layer within the Platform that provides contextual insights, trend analysis, predictive analytics, and natural language query features, where enabled under the MSA.

“Real-Time Alerts” means automated notifications or warnings triggered when the Platform detects a defined event, enabling personnel to take corrective action, where enabled under the MSA.

“Real-Time Interventions” means automated signals sent by the Platform to connected machinery, equipment, or IoT systems to mitigate imminent safety hazards, where enabled under the MSA.

2.  Your Relationship with Protex AI

Your access to the Platform is provided through your Employer under the MSA. These Terms apply to you in your individual capacity as an authorised user and set out your responsibilities when using the Platform.

These Terms do not amend or override the MSA. In the event of any conflict between these Terms and the MSA, the MSA prevails. Your Employer remains responsible for ensuring that your use of the Platform complies with the MSA.

These Terms do not confer any rights on any third party other than as expressly set out herein.

3.  Access and Permitted Use

Authorised Use

Subject to these Terms and the MSA, you are granted a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform solely for your Employer’s internal business purposes, in accordance with the MSA and applicable documentation, and only in relation to the sites and scope specified in your Employer’s MSA.

Authorised User

You represent and warrant that you are authorised by your Employer to access and use the Platform, and that your use is within the scope of your Employer’s rights under the MSA.

User Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify Protex AI immediately at security@protex.ai if you become aware of any unauthorised use of your account or any security breach.

Prohibited Conduct

You must not, with respect to the Platform or any part of it:

• Copy, modify, or create derivative works of, or remove proprietary marks from, the Platform or its documentation, in whole or in part.
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive or gain improper access to any software component of the Platform.
• Frame, mirror, sell, resell, rent, lease, or sublicense use of the Platform to any third party, or otherwise allow any third party to use the Platform for any purpose.
• Use the Platform in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable laws.
• Interfere with, or disrupt the integrity or performance of, the Platform.
• Access or search the Platform through any automated means (including spiders, robots, crawlers, or data mining tools) other than tools expressly provided or authorised by Protex AI.
• Use the Platform for benchmarking or competitive analysis, or to develop, commercialise, license, or sell any product or service that competes with the Platform.
• Employ or authorise a Protex AI competitor to use or view the Platform, or to provide management, hosting, or support for the Platform.
• Disclose the contents of any Generated Output to third parties other than Client Affiliates, except as permitted under the MSA.
• Use the Platform for any unauthorised or surreptitious surveillance of individuals.
• Use the Platform, or any Generated Output from it, to make employment-related decisions about individuals, to assign tasks based on behavioural patterns or personal traits, or to monitor and evaluate the performance or behaviour of individuals at a Client site.
• Rely on or act upon any AI-generated insights or recommendations from Protex Intelligence to take actions with legal or disciplinary consequences for individuals, without appropriate human review and independent judgement.
• Cause, encourage, or assist any third party to do any of the foregoing.

These restrictions reflect, and do not limit, the restrictions applicable to your Employer under the MSA.

You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.  Client Data and Generated Output

Client Data

Your Employer owns all right, title, and interest in and to Client Data (as defined in the MSA). Nothing in these Terms affects that ownership or your Employer’s rights and obligations with respect to Client Data under the MSA and the Data Processing Addendum.

Generated Output

Generated Output, including any output produced by Protex Intelligence, is provided for informational and operational support purposes only. It does not constitute legal, compliance, regulatory, or professional advice. You are responsible for applying your own judgement and your Employer’s processes before acting on any Generated Output. See Section 7 for applicable disclaimers.

Account Responsibility

You are responsible for protecting the confidentiality of your credentials, account information, and any access features associated with your use of the Platform. You must not share your login credentials with any other person.

5.  Protex Intelligence

Description

Protex Intelligence is a generative AI layer integrated within the Platform. Where enabled under your Employer’s MSA, it provides contextual safety insights, trend analysis, predictive analytics, and natural language query features. Protex Intelligence uses machine learning models, including large language models (LLMs), to generate probabilistic outputs based on Client data.

Access to Protex Intelligence is subject to your Employer’s license entitlements under the MSA. Protex AI reserves the right to restrict or limit access to Protex Intelligence where those entitlements do not apply.

AI Governance

Protex AI operates Protex Intelligence in accordance with its AI governance framework, including the obligations set out in the Artificial Intelligence Addendum (Exhibit D) to the MSA. These include risk management, data governance, human oversight facilitation, and transparency measures. Protex AI has determined that its AI systems are non-high-risk under the EU AI Act (Regulation (EU) 2024/1689) and operates them in accordance with the standards applicable to such systems.

Disclaimer

IMPORTANT:  Outputs from Protex Intelligence are probabilistic and generated by machine learning models. They may not always be accurate, complete, or suitable for direct action. Protex AI makes no warranty as to the correctness, completeness, or suitability of any Protex Intelligence output for any specific purpose. You must verify any insight or recommendation before acting on it, and must not use Protex Intelligence outputs to take actions with legal or disciplinary consequences for individuals without appropriate human review and independent judgement.

6.  Real-Time Alerts and Real-Time Interventions

Where enabled under your Employer’s MSA, the Platform may provide Real-Time Alerts and/or Real-Time Interventions. These features are designed to support rapid human response to detected safety events and, in the case of Real-Time Interventions, to send automated signals to connected systems as configured by your Employer.

IMPORTANT: Real-Time Alerts and Real-Time Interventions are not a substitute for your Employer’s safety management systems, processes, or protocols. Protex AI does not guarantee that all safety events will be detected or that alerts or interventions will be triggered in all circumstances. Neither feature constitutes a fail-safe system and must not be treated as one. Your Employer is responsible for configuring these features appropriately and for ensuring that adequate human oversight is in place.

Unless otherwise specified in your Employer’s Order Form, Real-Time Alerts and Real-Time Interventions may be made available as Preview Offerings. See Section 9 for the terms applicable to Preview Offerings.

7.  Disclaimers

This Section applies as between Protex AI and you as an individual authorised user, and is subject at all times to the liability, warranty, and remedy provisions of the MSA as between Protex AI and your Employer. Nothing in these Terms limits or modifies any rights or remedies available to your Employer under the MSA.

To the maximum extent permitted by applicable law, and without limiting any mandatory rights you may have under the laws of your country of residence:

No Guarantee of Detection

Protex AI does not guarantee or warrant that the Platform will find, locate, report, or detect all events at your Employer’s sites. The Platform does not constitute any form of representation, warranty, or guarantee that use of the Platform will prevent workplace injuries, property damage, or non-compliance with applicable safety regulations, even if fully implemented.

AS IS Basis

As between Protex AI and you as an individual user, the Platform is provided on an “AS IS” basis. To the maximum extent permitted by applicable law, Protex AI disclaims all warranties and representations, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

No Warranty of Error-Free Use

Protex AI does not warrant that use of the Platform will be error-free, bug-free, or uninterrupted, or that it will fulfil any particular purpose or need of your Employer.

Not a Substitute for Safety Systems

The Platform is not a substitute for your Employer’s own safety or operational management systems, processes, or protocols. It is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where failure of the Platform might result in or cause death, personal injury, or environmental damage.

Generated Output

Protex AI does not warrant the accuracy, reliability, or completeness of any Generated Output. Generated Output, including reports, alerts, and insights from Protex Intelligence, does not constitute legal, compliance, or regulatory advice. Any decisions or actions taken by you or your Employer based on Generated Output are taken at your Employer’s discretion and risk, in accordance with the MSA.

Third-Party Products

Protex AI does not warrant any third-party products, integrations, or services. Protex AI is not liable for errors, omissions, or inaccuracies in the Platform that result from incomplete, incorrect, or insufficient Client data, configurations, or network conditions.

Mandatory Statutory Rights

Nothing in these Terms excludes or limits any rights you may have under mandatory applicable law that cannot be excluded or limited by contract, including any rights under applicable employment or consumer protection legislation in your country of residence. These Terms are intended to operate only to the extent permitted by applicable law.

8.  Privacy

For information about how Protex AI processes your personal information in connection with the Platform, please refer to our Privacy Notice: https://www.protex.ai/legal/privacy

You can also access the Privacy Notice within the Platform under Settings > About > Privacy Notice.

Protex AI processes your personal data as a data processor acting on behalf of your Employer as the data controller. The Privacy Notice is provided for transparency purposes and does not amend or override the Data Processing Addendum agreed between Protex AI and your Employer.

9.  Preview Offerings

Protex AI may from time to time allow your Employer to access new or upcoming features of the Platform on a preview, early access, or beta basis, free of charge (“Preview Offerings”). Examples of Preview Offerings may include certain Protex Intelligence features, Real-Time Alerts, and Real-Time Interventions, as specified by Protex AI or in your Employer’s Order Form.

These Terms apply to your use of Preview Offerings, except that:

• The duration of a Preview Offering is as communicated by Protex AI in writing or as specified in your Employer’s applicable Order Form or MSA. Unless otherwise stated, a Preview Offering trial will expire when a version of that feature becomes generally available without a preview or beta designation. In the event of any conflict between these Terms and the MSA regarding Preview Offering duration or terms, the MSA prevails.
• Preview Offerings are provided “AS-IS” without warranty of any kind. Protex AI disclaims all warranties, support obligations, and other liabilities for Preview Offerings.
• Preview Offerings may only be used for preview, evaluation, or testing purposes and must not be used in a production safety-critical environment as a primary or sole safety control.
• Protex AI may discontinue Preview Offerings at any time at its sole discretion and may never make them generally available.

10.  Intellectual Property

The Platform (and any software component of it) is provided on a subscription basis, not sold. Protex AI reserves and owns all right, title, and interest (including intellectual property rights) in and to the Platform, including Protex Intelligence. No rights are granted to you or your Employer other than as expressly set out in the MSA.

Nothing in these Terms grants you any right to use the Protex AI name, logo, or trademarks without Protex AI’s prior written consent.

11.  Termination of Access

Your access to the Platform will terminate if:

• The MSA between Protex AI and your Employer terminates or expires
• Your Employer withdraws your authorisation to access the Platform
• You breach these Terms
• Protex AI suspends or terminates your individual access pursuant to Section 11.2 of the MSA

Termination of your individual access does not affect your Employer’s rights or obligations under the MSA, including rights in respect of Client Data. Following termination of your access, any Client Data associated with your use of the Platform will be handled in accordance with the MSA and the Data Processing Addendum. You do not have independent rights to request deletion or return of Client Data — those rights vest in your Employer as the data controller.

12.  Governing Law

These Terms are governed by the same governing law as specified in the MSA between Protex AI and your Employer. Each party submits to the exclusive jurisdiction of the applicable courts or arbitration forum specified in the MSA. Nothing in this Section limits any mandatory rights you may have under the laws of your country of residence, including any applicable employment or consumer protection legislation.

13.  Changes to These Terms

Protex AI may update these Terms from time to time. Where material changes are made, we will notify users through the Platform or via your Employer. Your continued authorised use of the Platform following any update constitutes your acceptance of the revised Terms, subject to your Employer’s rights under the MSA.

You can find the current version of these Terms within the Platform under Settings > About > Terms, or at: https://www.protex.ai/legal/platform-terms.

14.  Contact Information

For questions, complaints, or claims relating to the Platform or these Terms, please contact:

Protex AI Limited

Kilcaskin, Grange, Lisnagry, Limerick, V94 P2W1, Ireland

Email: legal@protex.ai

If your query relates to data protection or the exercise of your data subject rights, please contact our Data Protection Officer:

DPO: Ciarán O’Mara

Email: privacy@protex.ai

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