By signing up for Tailgate, you agree to use the platform for legitimate business purposes, pay your subscription on time, and respect other customers' workspaces. We agree to keep the platform running, isolate your data, and let you cancel any time.
By creating an Tailgate account, using the platform, or otherwise accessing the service, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the service.
You must be at least 18 years old and authorized to act on behalf of the business you sign up for. Tailgate is intended for business use by contractors, subcontractors, field-service businesses, and their teams.
When you sign up, you create an account and a workspace bound to a subdomain on oshacomp.com. You are responsible for keeping your account credentials secure and for all activity in your workspace. Notify us immediately of any unauthorized access.
You agree not to:
You retain ownership of the safety records, photos, findings, and reports you create in your workspace ("Your Content"). You grant Tailgate a limited license to host, transmit, display, and process Your Content solely as necessary to deliver the service to you, including generating PDFs, sending email, and providing the AI-assisted features you opt into.
You also grant Tailgate a perpetual, royalty-free license to derive aggregated and de-identified statistics from Your Content — for example, regional benchmarks, module-level trend data, and industry-wide safety trend curves — and to use, publish, license, or sell those statistics as analytics products. The aggregated statistics never identify you, your workspace, your users, or any specific jobsite, and the license does not extend to Your Content in identifiable form. Section 8 of our Privacy Policy details how this works and the de-identification commitments that apply.
You represent that you have obtained any consents from your own personnel and customers (including workers and other individuals who appear in your records) that are necessary for Tailgate to host Your Content and produce the aggregated statistics described above. If applicable law in your jurisdiction requires you to disclose this to them, you agree to do so — including, where required, in the reports you provide.
The Tailgate platform, including software, designs, templates, blade layouts, icons, and documentation, is owned by us and protected by intellectual-property law. We grant you a non-exclusive, non-transferable right to use the platform during your subscription.
We work hard to keep the platform available and reliable, but we do not warrant uninterrupted availability. We perform maintenance and deploy updates from time to time. Severe outages will be communicated via email and status page.
EXCEPT AS EXPRESSLY STATED, TAILGATE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE AI-ASSISTED FEATURES (REPORT ENHANCEMENT AND PATTERNS ANALYSIS) GENERATE OUTPUT BASED ON STATISTICAL MODELS; YOU ARE RESPONSIBLE FOR REVIEWING EVERY AI-GENERATED DRAFT BEFORE IT IS DELIVERED TO YOUR CLIENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILGATE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF YOUR USE OF THE PLATFORM. OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless Tailgate from any claims arising out of Your Content or your use of the platform in violation of these Terms.
These Terms are governed by the laws of the United States and the state in which Tailgate is organized, without regard to conflict-of-laws principles.
We may update these Terms from time to time. When we do, we will update the "Effective" date at the top of this page and, if the changes are material, notify customers by email. Continued use of the platform after the changes take effect constitutes acceptance.
Questions about these Terms? Email us at [email protected].