Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Lokvio (“Lokvio”, “we”, “us”, or “our”) governing your access to and use of the Lokvio platform, web application, and all related services (collectively, the “Service”).

By accessing or using the Service in any way - including browsing the application, creating an account, inviting team members, or using any feature of the platform - you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you are using the Service on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

If you do not agree to these Terms, or if you do not have the authority to bind your organisation to these Terms, you must immediately cease using the Service and close your account. Your continued use of the Service following any amendment to these Terms constitutes acceptance of the amended Terms.

These Terms should be read in conjunction with our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• “Service” means the Lokvio web application, platform, APIs, and all associated features and functionality, including checklists, incident management, announcements, handover notes, location management, reporting, and team management.
• “User” means any individual who accesses or uses the Service, whether as an account owner, administrator, manager, or staff member.
• “Owner” means the individual or entity who creates an Organisation account on the Service and holds primary administrative and billing responsibility for that Organisation.
• “Organisation” means the workspace created by an Owner on the Service, which may include multiple Locations and multiple Users.
• “Subscription”means the paid or trial plan selected by the Owner that determines the features, usage limits, and billing terms applicable to the Organisation’s use of the Service.
• “Content” means all data, information, text, photos, files, records, and other materials that you or your Users upload, submit, create, or transmit through the Service, including checklist data, incident reports, announcements, notes, and attachments.
• “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, database rights, design rights, and all other proprietary rights, whether registered or unregistered.

3. Account Registration

To use the Service, you must create an account by providing certain information including your name, email address, and organisation details. You agree to the following conditions regarding your account:

• Age requirement: You must be at least 18 years of age to create an account and enter into these Terms. By creating an account, you represent and warrant that you are at least 18 years old. If you are an Owner inviting staff members, you represent and warrant that each invited individual is at least 16 years of age.
• Accurate information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date at all times. Providing false or misleading information is grounds for immediate termination of your account.
• Account security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to use a strong, unique password for your Lokvio account and to enable any additional security features we make available, such as two-factor authentication.
• Responsibility for account activity: You are responsible for all activities that occur under your account, whether or not you authorised those activities. If you are an Owner, you are responsible for all activities of all Users within your Organisation.
• Unauthorised access: You agree to notify us immediately at legal@lokvio.com if you become aware of any unauthorised access to or use of your account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
• One account per person: Each individual should maintain only one personal account. Creating multiple accounts to circumvent usage limits, suspensions, or other restrictions is prohibited.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis. We offer the following plan tiers, with features and limitations as described on our pricing page:

• Starter: Entry-level plan with core features and defined location and user limits.
• Growth: Mid-tier plan with expanded limits, advanced reporting, and priority email support.
• Business: Full-featured plan with maximum limits, advanced analytics, and dedicated support.

Current plan pricing, features, and limits are displayed on our pricing page and may be updated from time to time in accordance with Section 4.6 below.

4.2 Billing Cycle

Subscriptions are available on a monthly or annual billing cycle. Monthly subscriptions are billed every 30 days from the date of subscription commencement. Annual subscriptions are billed upfront for a full 12-month period and offer a discount compared to the equivalent monthly rate. You may switch between monthly and annual billing at any time; changes will take effect at the start of your next billing cycle.

4.3 Free Trial

New accounts are eligible for a 14-day free trial of the Service. No payment method or credit card is required to start your free trial. During the trial period, you will have access to the features of the selected trial plan. At the end of the trial period, you will need to select a paid subscription to continue using the Service. If you do not select a paid subscription, your access to certain features will be restricted, and your data will be retained for 30 days before deletion. Each organisation is entitled to one free trial only.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle (monthly or annual) unless you cancel it before the renewal date. By subscribing, you authorise us (via our payment processor) to charge the applicable subscription fee to your payment method on file at the start of each billing cycle. You are responsible for ensuring that your payment method is valid and has sufficient funds. If a payment fails, we will attempt to retry the payment and will notify you via email. Continued failure to pay may result in suspension or termination of your account.

4.5 Refund Policy

All subscription fees are non-refundable except where required by applicable law. We do not provide refunds or credits for partial subscription periods, for periods during which you did not use the Service, or upon cancellation of your subscription before the end of a billing cycle. Your subscription will remain active until the end of the current billing period following cancellation.

Australian Consumer Law: If you are an Australian consumer, you may have rights to a refund under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) where the Service fails to meet a consumer guarantee (e.g., is not fit for purpose or has a major failure). These statutory rights are not limited by our general no-refund policy.

EU distance selling: If you are an EU consumer, you may have a right of withdrawal within 14 days of entering a contract for digital services under the EU Consumer Rights Directive, unless the service has been fully performed with your prior consent. By commencing use of the Service during the withdrawal period, you acknowledge that you may lose your right of withdrawal.

4.6 Price Changes

We may change our subscription prices at any time. For existing subscribers, we will provide at least 30 days’ written notice (via email) of any price increase before it takes effect. The new price will apply from the start of your next billing cycle following the notice period. If you do not agree to the new price, you may cancel your subscription before the price change takes effect. Continued use of the Service after a price change constitutes acceptance of the new price.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that:

• Violates any applicable local, national, or international law or regulation, including data protection laws, privacy laws, intellectual property laws, and employment laws.
• Is fraudulent, deceptive, misleading, or involves the impersonation of any person or entity, including impersonating a Lokvio employee, agent, or representative.
• Uploads, transmits, or disseminates any content that is unlawful, defamatory, harassing, abusive, threatening, obscene, sexually explicit, or discriminatory on the basis of any protected characteristic.
• Uploads or transmits any malware, viruses, Trojan horses, ransomware, spyware, adware, or any other malicious or harmful code or software that may damage, interfere with, or disrupt the Service or any other system.
• Attempts to gain unauthorised access to any part of the Service, to any other user’s account, or to any computer system or network connected to the Service.
• Reverse engineers, decompiles, disassembles, or otherwise attempts to derive the source code of the Service or any portion thereof, except to the extent expressly permitted by applicable law notwithstanding this restriction.
• Scrapes, crawls, or uses automated means to extract data from the Service for any purpose without our prior written consent, including competitive intelligence or training of machine learning models.
• Interferes with or disrupts the integrity or performance of the Service, including through denial-of-service attacks, excessive API calls, or introduction of excessive data loads.
• Uses the Service to send unsolicited communications (spam), including bulk emails, mass marketing messages, or pyramid schemes.
• Violates the intellectual property rights of any third party, including uploading content to which you do not have the appropriate rights or licences.
• Circumvents or attempts to circumvent any technical measures we use to enforce these Terms or restrict access to the Service, including usage limits, feature restrictions, or geographic restrictions.
• Resells, sublicenses, or otherwise provides access to the Service to third parties without our prior written consent, except as expressly permitted by your Subscription plan.

We reserve the right to investigate any suspected violation of this Acceptable Use policy and to take appropriate action, including removing Content, suspending or terminating accounts, and reporting suspected illegal activity to law enforcement authorities.

6. Content and Data Ownership

Your ownership: You retain full ownership of all Content that you upload, create, or submit through the Service. These Terms do not transfer any intellectual property rights in your Content to Lokvio. Your Content belongs to you.

Limited licence to Lokvio: By submitting Content to the Service, you grant Lokvio a limited, non-exclusive, worldwide, royalty-free licence to store, process, copy, display, and transmit your Content solely to the extent necessary to provide the Service to you and your Organisation. This licence is strictly limited to operating the Service and does not extend to any commercial use, sub-licensing, sale, or distribution of your Content. We do not use your Content to train machine learning models, for advertising, or for any purpose beyond delivering the Service.

Content responsibility: You are solely responsible for all Content you upload to the Service and for ensuring that such Content complies with applicable law, does not infringe any third-party rights, and does not contain personal data of third parties unless you have the appropriate legal basis for sharing such data. We do not pre-screen, monitor, or endorse Content submitted by users.

Data portability: You can export your data from the Service at any time via the export features available in the application. We will also make your data available for export for 30 days following account termination or cancellation.

7. Data Security and Backups

We implement commercially reasonable technical and organisational security measures to protect your data against loss, unauthorised access, disclosure, alteration, and destruction. These measures include encryption in transit (TLS) and at rest (AES-256), row-level database security, access controls, and regular security reviews. Details of our security measures are described in our Privacy Policy.

Notwithstanding our security measures, you acknowledge that:

• You are responsible for the actions of all Users within your Organisation. You should implement appropriate internal controls, including assigning appropriate roles and permissions to users, removing access for former employees promptly, and training users on acceptable use of the Service.
• You are encouraged to maintain your own independent backups of critical operational or compliance data. While we perform regular backups of our database as part of our infrastructure management, we do not guarantee point-in-time recovery to any specific moment, and our backup processes are designed for disaster recovery rather than individual data restoration requests.
• For operations that generate data subject to regulatory retention requirements (such as workplace incident records, health and safety compliance records, or financial transaction data), you are responsible for maintaining compliant records in accordance with applicable law, which may include exporting and archiving data from the Service independently.

8. Intellectual Property

The Service, including its underlying software, user interface, design, graphics, text, features, functionality, and all content created by Lokvio (collectively, the “Lokvio IP”), is owned by Lokvio and is protected by intellectual property laws, including copyright, trademark, trade secret, and patent laws. The Lokvio name, logo, and all related brand elements are trademarks of Lokvio. All rights not expressly granted to you in these Terms are reserved by Lokvio.

Subject to your compliance with these Terms and payment of applicable subscription fees, Lokvio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during the term of your Subscription. This licence does not include any right to: (a) copy, modify, or create derivative works of the Service or Lokvio IP; (b) sell, resell, or sublicense the Service; (c) use the Service for the benefit of a third party other than your Organisation’s authorised Users; or (d) use any Lokvio trademarks, logos, or brand elements without our prior written consent.

If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us an irrevocable, perpetual, worldwide, royalty-free licence to use, implement, and incorporate such Feedback into the Service or other products without any obligation to compensate you or to keep such Feedback confidential.

9. Service Availability

We target a Service availability of 99.9% uptime, measured on a monthly basis, excluding planned maintenance windows. We will make reasonable efforts to provide advance notice of planned maintenance that may affect Service availability, typically via an in-app notification or email at least 24 hours in advance.

Starter plan: No uptime SLA (Service Level Agreement) is provided for Starter plan subscribers. We will endeavour to maintain high availability but do not offer compensation or credits for downtime events on this plan.

Growth and Business plans: For Growth and Business plan subscribers, in the event of unplanned Service downtime exceeding one (1) continuous hour in any calendar month, you may be eligible to request a proportional service credit for the affected period. To request a credit, you must contact us at legal@lokvio.com within 14 days of the downtime event. Credits are applied to your next billing cycle and are your sole remedy for service unavailability. Credits do not accrue as cash and cannot be transferred.

The following are excluded from our uptime calculations and are not eligible for credits: downtime caused by your actions or the actions of your Users; downtime resulting from factors outside our reasonable control (including internet infrastructure failures, acts of God, or third-party service outages); downtime during planned maintenance windows; and downtime affecting only preview or development environments.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Lokvio or its directors, employees, agents, affiliates, or licensors be liable to you or any third party for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including but not limited to: loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with these Terms or your use of or inability to use the Service, even if Lokvio has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Lokvio’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total subscription fees paid by you to Lokvio in the three (3) months immediately preceding the event giving rise to the claim.

Australian Consumer Law: If you are an Australian consumer, nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law which cannot lawfully be excluded or limited. Our liability for failure to comply with a consumer guarantee is limited (at our option) to resupply of the services or payment of the cost of resupply.

EU consumer rights: If you are an EU or UK consumer, the limitations of liability in this section do not apply to claims arising from our gross negligence, wilful misconduct, or fraud, or to any claim that cannot be limited under mandatory EU or UK consumer protection laws.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lokvio, its directors, officers, employees, contractors, agents, affiliates, and successors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your access to or use of the Service, including any actions taken by your Users;
• Any Content you upload, submit, or transmit through the Service;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any third-party intellectual property rights;
• Your breach of any representation, warranty, or obligation contained in these Terms.

We reserve the right, at our own expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences. This indemnification obligation will survive the termination of your account and these Terms.

12. Termination

12.1 Termination by You

You may cancel your subscription and terminate your account at any time by accessing the billing settings within the Service and following the cancellation process. Your subscription will remain active until the end of the current billing period following your cancellation request. No refunds are provided for unused portions of prepaid subscription periods, except as required by law.

12.2 Termination by Lokvio

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, in the following circumstances:

• Violation of Terms:If we determine, in our sole discretion, that you have materially violated these Terms or our Acceptable Use policy, we may suspend or terminate your account with at least 24 hours’ notice via email to the address registered on your account. In cases of severe or repeated violations (e.g., uploading malware, illegal activity, or systemic abuse), we may terminate immediately without prior notice.
• Non-payment: If your subscription payment fails and is not resolved within 10 days of the failed payment, we may suspend your access to the Service until payment is made, and may terminate your account if payment remains outstanding for 30 days.
• Legal requirements: If we are required to do so by applicable law, court order, or governmental authority.
• Discontinuation of Service:If we decide to discontinue the Service, we will provide at least 90 days’ notice and will offer a proportional refund of any prepaid subscription fees.

12.3 Data Following Termination

Following termination or cancellation of your account, your data will be retained in our systems for 30 days to allow you to export your data or to reactivate your account. During this period, you can access the Service for the limited purpose of exporting your data. After 30 days, your data will be scheduled for permanent deletion and will be irreversibly removed from our production systems and backups within 90 days, except where we are required to retain certain records by law.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the jurisdiction of the company’s principal place of business, without regard to its conflict of law provisions.

EU and UK consumers:Notwithstanding the choice of law above, EU and UK consumers are entitled to the protection of the mandatory consumer protection laws of their country of residence. Nothing in these Terms limits or excludes your rights as a consumer under those mandatory laws. EU users may also refer disputes to the European Commission’s Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.

Australian consumers: Australian Consumer Law applies to consumers in Australia and provides rights and remedies that cannot be excluded or limited by contract. These Terms do not exclude any rights or remedies you may have under the Australian Consumer Law.

13.2 Informal Dispute Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting us at legal@lokvio.com with a description of the dispute and your desired resolution. The parties will negotiate in good faith for a period of at least 30 days from the date the dispute notice is received. If the parties are unable to resolve the dispute within this period, either party may proceed to formal dispute resolution as described in Section 13.3.

13.3 Formal Dispute Resolution

If the parties are unable to resolve a dispute informally, the dispute shall be submitted to the exclusive jurisdiction of the courts of the applicable governing jurisdiction identified in Section 13.1. Both parties submit to the personal jurisdiction of such courts for the purpose of resolving any such dispute.

14. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes to these Terms, we will notify you by email to the address registered on your account at least 30 days before the changes take effect. The “Last updated” date at the top of this page will also be updated.

For non-material changes (such as typographical corrections, clarifications that do not alter the substance of the Terms, or changes to contact information), we may update the Terms without prior notice.

Your continued use of the Service after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the effective date of the changes.

We encourage you to review these Terms periodically. Archived versions of previous Terms will be available upon request.

15. Contact

If you have any questions about these Terms of Service, or if you wish to exercise any of your rights under these Terms, please contact us:

These Terms constitute the entire agreement between you and Lokvio with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings between the parties. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.