WarehouseEdge Terms of Service

Last updated: 2026-05-15
Effective date: 2026-05-15
Version: 1.0

Quick summary

These Terms of Service are a binding agreement between you and WarehouseEdge LLC.

• We provide the WarehouseEdge platform and you pay for your subscription
• Your compliance data belongs to you; our software belongs to us
• We don't make legal guarantees about your OSHA compliance — we give you the tools, you remain responsible for compliance
• Training videos and educational content are reference material only, not a complete training program — practical evaluation by a qualified person at your facility is required and not provided by us
• Disputes go to individual arbitration, not class action (you can opt out of the arbitration requirement within 30 days)
• Either of us can cancel at any time under the conditions described below
• Wyoming law governs this agreement

The full Terms are below. They are the binding document. The summary above is for convenience.

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of WarehouseEdge ("the Service"), provided by WarehouseEdge LLC ("WarehouseEdge," "we," "us," "our"). By creating an account, accessing the Service, or paying a subscription, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you may not use the Service.

2. The Service

WarehouseEdge is a multi-product platform for warehouse operations. The Service may include:

• Compliance Hub: OSHA forklift operator training, testing, certification tracking, floor evaluation workflows, expiration alerts, and audit-ready documentation
• Rightsizer: Warehouse sizing and operational assessment tools
• Foreman: AI-powered operational advisor and guidance
• Additional products we may launch or include in your subscription

Specific features available to you depend on your subscription tier and product selection. We may add, modify, or remove features over time. We will not materially degrade core features that you subscribed to without reasonable notice.

3. Accounts and access

3.1 Account creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must be at least 18 years old to create an account. The Service is not available to individuals under 18.

3.2 Account types

WarehouseEdge organizes access through the following roles:

• Organization Admin: Full access across all facilities owned by the organization; manages billing, users, and configuration
• Facility Admin: Access to a specific facility; manages operators and compliance records within that facility
• Regional Admin: Access to multiple facilities within an organization (when configured)
• Operator: End-user access for completing training, taking assessments, and viewing personal certification records
• Billing Contact: Receives billing notifications and manages subscription details

You are responsible for ensuring that users assigned to each role have appropriate authority and access permissions within your organization.

3.3 Account security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Restricting access to authorized personnel only
• Notifying us immediately of any unauthorized access or security breach affecting your account
• Ensuring that operators registered in the Service are 18 or older, in compliance with OSHA requirements

WarehouseEdge is not liable for losses caused by unauthorized access to your account where the unauthorized access resulted from your failure to maintain credential security.

3.4 Operator information

When you enter operator information (names, email addresses, training records) into the Service, you represent and warrant that:

• You have the legal right to enter this information into the Service
• You have provided appropriate notice to operators about how their information will be used
• The information is accurate and current

You are responsible for obtaining any consents required under applicable law before entering operator personal information into the Service.

4. Subscriptions, billing, and payment

4.1 Pricing

Pricing for the Service is published at warehouseedge.com or as agreed in a separate order form. Subscription pricing structure and distribution model may vary and depend on factors including facility count, operator count, and channel relationships.

4.2 Billing cycles

Subscriptions are billed in advance on a monthly or annual basis, depending on the option you select. Annual subscriptions receive a discount compared to monthly billing.

4.3 Payment methods

We accept payment by credit card processed through our payment provider, and (for qualifying customers) by invoice with Net 30 payment terms.

For Net 30 invoiced customers, payment is due within 30 days of invoice issuance. Late payment may result in suspension of the Service after appropriate notice.

4.4 No refunds

All subscription payments are non-refundable. You may cancel your subscription at any time. Cancellation stops future billing and you retain access through the end of your current paid period. We do not provide pro-rated refunds for unused portions of a billing period.

This no-refund policy does not affect:

• Statutory refund rights that apply in your jurisdiction (where applicable)
• Goodwill refunds we may issue at our sole discretion in exceptional circumstances
• Refunds we are required to issue under applicable law (e.g., for service failures that materially breach these Terms)

4.5 Pricing changes

Subscription pricing may change at renewal. WarehouseEdge does not offer perpetual pricing locks or price guarantees. To protect customers from unexpected changes, we commit to the following binding terms:

• 30-day notice requirement. WarehouseEdge will provide at least 30 days' notice to billing contacts before any price change takes effect. Notice may be delivered by email, by in-product notification, or by direct communication for enterprise accounts.
• No mid-period changes. Price changes never apply mid-billing- period. Annual subscribers receive the new price only at annual renewal. Monthly subscribers receive the new price on the next monthly billing date occurring more than 30 days after notification.
• No-penalty cancellation. Customers who disagree with a price change may cancel before the new pricing takes effect, with no penalty, and retain access through the end of their current paid period.

4.6 Taxes

Pricing does not include sales tax, VAT, or other applicable taxes. You are responsible for any taxes due based on your jurisdiction. Where we are required to collect tax, it will be added to your invoice.

4.7 Auto-renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel auto-renewal at any time through your account settings or by contacting contact@warehouseedge.com.

5. Your data and our software

5.1 Your data

You retain all right, title, and interest in the data you submit to the Service ("Customer Data"). Customer Data includes operator information, facility information, training records, certification records, audit log entries, document uploads, and all other information you enter into the Service.

To operate the Service for your benefit, you grant WarehouseEdge a limited, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide the Service to you, to comply with legal obligations, and to enforce these Terms. This license is the technical permission required to operate a software service — it does not transfer ownership of your data and does not authorize WarehouseEdge to use your data for purposes beyond what this license and our Privacy Policy permit.

Use of Customer Data in aggregated and anonymized form is governed by Section 5.2 and our Privacy Policy.

5.2 Aggregated and anonymized data

You acknowledge and agree that WarehouseEdge may use operational data, in aggregated and anonymized form, for the purposes described in our Privacy Policy, including:

• Improving the Service
• Producing industry benchmarks and insights
• Publishing anonymous industry reports
• Developing new products and services for the warehouse and material handling industry

Aggregated and anonymized data cannot identify your specific facility, company, or operators. You may opt out of inclusion in aggregated insights at any time as described in our Privacy Policy.

5.3 Our software

The Service, including all software, code, documentation, designs, trademarks, logos, and content provided by WarehouseEdge, is and remains the exclusive property of WarehouseEdge and its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term, subject to these Terms.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or disassemble the Service
• Attempt to derive the source code of the Service
• Remove or alter any proprietary notices in the Service
• Use the Service to build a competing product or service

5.4 Feedback

If you provide feedback, suggestions, or ideas about the Service (collectively, "Feedback"), you grant WarehouseEdge a perpetual, irrevocable, worldwide, royalty-free, fully-paid license to use, modify, and incorporate the Feedback into the Service or any other WarehouseEdge product without obligation to you.

This means: if you suggest a feature, we can build it without paying you for the idea or attributing it to you.

6. Compliance disclaimer

WarehouseEdge provides software tools to help you manage OSHA compliance for forklift operator training, certification, and recordkeeping. WarehouseEdge is a software platform. It is not legal counsel, a consulting service, or a substitute for your own qualified safety personnel.

6.1 You remain responsible for compliance

You are solely responsible for:

• Determining what OSHA regulations apply to your operations
• Ensuring your training programs, evaluation procedures, and recordkeeping practices meet applicable regulatory requirements
• Verifying the accuracy of information you enter into the Service
• Conducting in-person practical evaluations where required by OSHA 1910.178(l)(2)(iii)
• Maintaining qualified persons to conduct training and evaluations
• Ensuring operators are physically capable of operating equipment safely

6.2 Administrative records, not regulatory certifications

Certifications, certificates, and records generated by WarehouseEdge are administrative records documenting that training and evaluation activities occurred. They are not legal certifications issued by OSHA or any regulatory body. OSHA does not certify operators directly; OSHA requires employers to ensure operators are trained, evaluated, and certified by qualified persons within the employer's organization.

6.3 No warranty of compliance

WarehouseEdge does not warrant that use of the Service will result in compliance with OSHA regulations, prevent workplace accidents, or protect against regulatory enforcement actions. Compliance depends on factors beyond the Service, including how you implement training, conduct evaluations, manage equipment, and operate your facility.

7. Training content and educational materials

The Service includes a library of training videos, written materials, assessments, and other educational content related to forklift operation, warehouse safety, and OSHA compliance ("Training Content"). This Section 7 governs your use of Training Content and supplements the general compliance disclaimer in Section 6.

7.1 What the Service provides and does not provide

OSHA-compliant operator training has several components: classroom or theoretical instruction, practical hands-on training, practical evaluation by a qualified person at the workplace, and certification by the employer.

The Service is a software platform that can be used to support some of these components — specifically, classroom instruction delivery (through Training Content), assessment administration, documentation of practical evaluation events (through the Floor Evaluation workflow), and maintenance of certification records.

The Service does not provide:

• Practical hands-on training (must occur at your facility with your equipment)
• Practical evaluation (must be performed at your facility by a qualified person within your organization)
• Operator certification (must be issued by the employer based on completion of all required training components)
• Any guarantee that use of the Service results in OSHA compliance

You are solely responsible for designing your operator training program, selecting which components to manage through the Service versus other means, and ensuring your overall program meets OSHA requirements.

7.2 Content sourcing and curation

WarehouseEdge does not produce all Training Content directly. The Training Content library may include:

• Content licensed from third-party producers under commercial licensing agreements
• Content produced by WarehouseEdge
• Publicly available content (including content available under Creative Commons or similar licenses, or content available through public platforms such as YouTube)
• Content provided by partner organizations
• Government-produced educational materials (including OSHA publications and training resources)

We curate Training Content based on educational value and relevance to the topics covered. Inclusion of any content in the Training Content library reflects our commercial curation judgment; it is not original authorship or endorsement of underlying technical accuracy.

Documents and materials you upload to the Service for your own use are Customer Data under Section 5.1, not Training Content under this Section 7.

7.3 No warranty regarding Training Content

TRAINING CONTENT IS PROVIDED "AS IS" FOR EDUCATIONAL REFERENCE ONLY. WAREHOUSEEDGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING TRAINING CONTENT, INCLUDING WITHOUT LIMITATION:

• THE ACCURACY, COMPLETENESS, OR CURRENCY OF INFORMATION PRESENTED
• THE QUALIFICATIONS OR CREDENTIALS OF INDIVIDUALS APPEARING IN THIRD-PARTY CONTENT
• THE APPLICABILITY OF DEMONSTRATED TECHNIQUES TO YOUR SPECIFIC EQUIPMENT, FACILITY, OR OPERATIONS
• WHETHER THE CONTENT MEETS ANY SPECIFIC REGULATORY REQUIREMENT
• WHETHER FOLLOWING THE CONTENT WILL PREVENT ACCIDENTS, INJURIES, OR FATALITIES

YOU ARE RESPONSIBLE FOR EVALUATING WHETHER ANY TRAINING CONTENT IS APPROPRIATE FOR YOUR OPERATIONS AND WHETHER ADDITIONAL OR DIFFERENT TRAINING IS REQUIRED.

7.4 Practical evaluation requirement

OSHA 1910.178(l)(2)(iii) requires that operators be evaluated through a practical demonstration of their skills at their work location, by a qualified person at the customer's organization. This practical evaluation:

• Is a mandatory part of OSHA-compliant operator training
• Cannot be performed remotely or virtually
• Cannot be performed by WarehouseEdge or by Training Content alone
• Must be performed by a qualified person within your organization who has the knowledge, training, and experience to evaluate operator skills

The Service provides a Floor Evaluation workflow that documents practical evaluations performed by qualified persons at your facility. Your use of this workflow is at your discretion and does not transfer evaluation responsibility to WarehouseEdge.

7.5 No certification by WarehouseEdge

WarehouseEdge does not certify operators. Operator certification under OSHA 1910.178 is the responsibility of the employer and must be performed by a qualified person within the employer's organization. Certification documents generated by the Service are administrative records documenting that training and evaluation activities occurred within your organization — they are not certifications issued by WarehouseEdge.

7.6 Customer representations regarding training

By using Training Content as part of your operator training program, you represent and warrant that:

• You have evaluated the Training Content for suitability for your specific operations
• You will supplement Training Content with practical evaluation by a qualified person within your organization, as required by OSHA
• You will provide site-specific training addressing hazards unique to your facility
• You will not represent to operators, regulators, or third parties that watching Training Content alone constitutes OSHA-compliant operator training
• You will not represent that operators are certified solely on the basis of completing Training Content within the Service, without practical evaluation by a qualified person within your organization

7.7 Reporting content concerns

If you identify Training Content that is outdated, factually incorrect, infringes a third party's rights, or otherwise warrants review, contact us at contact@warehouseedge.com with the subject line "Content Concern" and a description of the issue. We will review and take appropriate action in our discretion.

WarehouseEdge is not obligated to act on reports that are frivolous, made in bad faith, or designed to suppress accurate information.

7.8 Licensed content and producer warranties

Where Training Content is licensed from a third-party producer, WarehouseEdge has obtained the right to make that content available to you as part of the Service. WarehouseEdge has relied on the licensing producer's representations regarding the accuracy and quality of the content. The producer remains responsible for the factual and technical content of the materials they have produced.

Claims arising from the technical accuracy of licensed Training Content are subject to the warranty disclaimer in Section 7.3 and the indemnification framework in Section 17.

8. Acceptable use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Engage in fraud, deception, or misrepresentation
• Generate or distribute spam, malware, or other harmful content
• Attempt to gain unauthorized access to other accounts, computer systems, or networks
• Interfere with or disrupt the Service or servers connected to the Service
• Bypass or circumvent any security measure or access restriction
• Scrape, crawl, or harvest data from the Service through automated means (other than via APIs we make available)
• Use the Service to develop, train, or improve any artificial intelligence model competitive with the Service
• Misrepresent yourself or any operator's training, evaluation, or certification status
• Submit false or fraudulent compliance records
• Represent to operators, regulators, or third parties that watching Training Content within the Service alone constitutes OSHA-compliant operator training, without the practical evaluation required by OSHA 1910.178(l)(2)(iii)
• Certify operators based solely on completion of Training Content within the Service, without conducting a practical evaluation by a qualified person at the operator's work location
• Resell, white-label, or otherwise commercialize the Service without our written authorization
• Use the Service in connection with high-risk activities where failure could lead to death, personal injury, or environmental damage that the Service is not specifically designed to mitigate

9. Subscription lapse, cancellation, and termination

9.1 Cancellation by you

You may cancel your subscription at any time by:

• Using your subscription management dashboard (where available), or
• Emailing contact@warehouseedge.com with the subject "Cancellation Request" and your organization name

Cancellation takes effect at the end of your current paid billing period. You retain full access through that period.

9.2 Subscription lapse

When your subscription ends — whether by cancellation, lapse, or non-payment — your access to the Service moves to read-only mode, following the data preservation timeline described in our Privacy Policy:

• Day 0–90: Read-only access with full export and one-click reactivation
• Day 90: Account closes; 30-day deletion countdown begins
• Day 120: All Customer Data permanently deleted from production systems

Email reminders are sent at days 30, 60, 90, and at final deletion.

For Net 30 invoiced customers, the lapse clock starts 30 days after invoice issuance.

9.3 Termination by WarehouseEdge

We may suspend or terminate your access to the Service if:

• You materially breach these Terms and fail to cure the breach within 30 days after notice (or immediately, if the breach cannot reasonably be cured)
• You fail to pay subscription fees when due, after appropriate notice
• You engage in activity that violates the Acceptable Use section
• We are required by law or court order to terminate your access
• We discontinue the Service or the specific product you subscribe to (with at least 90 days' notice for paid subscribers, and pro-rated refunds for the unused portion of any prepaid annual subscription)

9.4 Effect of termination on Customer Data

Upon termination of your access at Day 90:

• You can no longer log in to the Service
• Your Customer Data remains in our production systems through Day 120 (the 30-day grace period before final deletion)
• During Days 90-120, you may request data recovery by contacting contact@warehouseedge.com (manual intervention required)

At Day 120:

• All your Customer Data is permanently deleted from production systems
• Compliance audit log entries are anonymized but retained per our 7-year compliance recordkeeping commitment described in our Privacy Policy and SECURITY.md
• Recovery is no longer possible after this point

10. Audit trail immutability

WarehouseEdge maintains compliance audit records in tamper-proof storage. Once a compliance event is recorded (training completion, certification issuance, expiration alert, manager sign-off, authentication event, or similar), the record cannot be modified or deleted through normal application use, including by WarehouseEdge personnel using the Service or administrative tools.

10.1 How immutability is enforced

This commitment is enforced at the database layer through restricted role permissions, not by policy alone. Technical details are documented in our SECURITY.md.

The application database role used by the Service has INSERT permission on the audit log table but no UPDATE or DELETE permission. Modification or deletion through application code is structurally impossible.

10.2 Scope of immutability

Audit log immutability protects against modification through normal operation of the Service. Like all database systems, the audit log is theoretically subject to modification by an attacker who gains superuser-level database access through a security breach. Our security practices are designed to prevent such breaches, and we will notify customers of any confirmed breach that affects audit log integrity, per our breach notification commitments.

10.3 Corrections and customer-initiated deletion

When data deletion is required by law or by your request:

• Audit log entries are anonymized rather than deleted (customer identifiers are replaced with tombstone tokens)
• The audit trail itself remains complete, preserving the integrity of the compliance record

You may not delete audit log entries through the Service. Corrections to erroneous data are made by appending correcting entries that reference the original, never by modifying the original — the same pattern used in accounting ledgers.

11. Confidentiality

In the course of using the Service, each party may share information that the disclosing party considers confidential. Each party agrees to:

• Use the other party's confidential information only as necessary to perform under these Terms or use the Service
• Protect the other party's confidential information with the same degree of care it uses to protect its own confidential information of similar importance (and in no case less than reasonable care)
• Not disclose the other party's confidential information to third parties without consent, except to employees and contractors who need to know and who are bound by similar confidentiality obligations

Confidential information does not include information that is publicly available, was already known to the receiving party without obligation of confidentiality, or was independently developed without use of the disclosing party's confidential information.

12. Service availability

We strive to maintain high service availability but do not provide a formal Service Level Agreement (SLA) for standard subscriptions. Enterprise customers may negotiate specific SLA terms in a separate agreement.

The Service is provided "AS IS" with respect to availability. We may perform scheduled maintenance, security updates, and emergency fixes that temporarily affect availability. We will make commercially reasonable efforts to:

• Provide advance notice of scheduled maintenance
• Perform maintenance during low-usage periods when practical
• Minimize the duration of any service interruption
• Communicate transparently about unplanned outages

13. Modifications to the Service

We may modify, update, or discontinue features of the Service from time to time. We will not materially degrade the core functionality that you subscribed to without reasonable notice.

If we discontinue a product or feature that you specifically paid for, we will provide at least 90 days' notice and offer either a suitable replacement or a pro-rated refund for the unused portion of any prepaid term.

14. Beta features

From time to time, we may offer beta or preview features. Beta features are clearly marked as such and are provided "AS IS" without any warranties. We may modify, discontinue, or remove beta features at any time without notice.

You agree to use beta features at your own risk. We are not liable for any issues arising from beta feature use, including data loss, service interruption, or incompatibility with other features.

If you provide feedback on beta features, that feedback is subject to the Feedback license in Section 5.4.

15. AI features

The Service includes features powered by third-party artificial intelligence services, including but not limited to:

• Foreman: AI-powered operational advisor and guidance
• Document parsing: Extraction of structured data from uploaded documents
• Voice-to-text transcription: For floor evaluation features
• Compliance search: AI-assisted regulatory reference lookup

15.1 AI outputs are advisory

AI-generated outputs (suggestions, draft messages, extracted data, recommendations) are advisory only. You are responsible for reviewing and verifying AI outputs before acting on them. WarehouseEdge does not warrant the accuracy, completeness, or fitness for purpose of AI-generated content.

15.2 No training on your data

We do not use Customer Data to train artificial intelligence models. Our AI service providers contractually commit that data submitted through their APIs is not used to train their underlying models. See our Privacy Policy for details.

15.3 AI feature limitations

AI features may:

• Produce inaccurate or misleading output
• Generate content that appears confident but is incorrect
• Fail to handle edge cases or unusual inputs
• Be unavailable during AI provider service interruptions

Critical compliance decisions should not rely solely on AI output. Human review is required for any compliance action with regulatory or safety implications.

16. Warranties and disclaimers

16.1 Limited warranties from WarehouseEdge

WarehouseEdge warrants that:

• The Service will perform materially in accordance with our published documentation when used as intended
• We will provide the Service with commercially reasonable care and skill
• We will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, as described in our SECURITY.md
• We will maintain commercially reasonable insurance coverage commensurate with the scale of our operations
• We will not knowingly include malicious code in the Service

16.2 Disclaimer of other warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WAREHOUSEEDGE DOES NOT WARRANT THAT:

• The Service will be uninterrupted, error-free, or completely secure
• All errors or defects will be corrected
• The Service will meet your specific requirements
• The Service will result in compliance with OSHA regulations or any other regulatory requirement
• Information generated by AI features will be accurate, complete, or current

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. In that case, implied warranties are limited to the minimum permitted by applicable law.

17. Limitation of liability

17.1 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAREHOUSEEDGE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO WAREHOUSEEDGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This cap applies in the aggregate to all claims of any kind, whether based in contract, tort (including negligence), statute, or any other legal theory.

17.2 Exclusion of certain damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAREHOUSEEDGE WILL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST GOODWILL
• DAMAGES RESULTING FROM REGULATORY ENFORCEMENT, FINES, OR PENALTIES
• DAMAGES RESULTING FROM WORKPLACE ACCIDENTS, INJURIES, OR FATALITIES
• DAMAGES RESULTING FROM LOSS OR CORRUPTION OF DATA (except where caused by our gross negligence or willful misconduct)
• DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH OSHA OR OTHER APPLICABLE REGULATIONS

These exclusions apply even if WarehouseEdge has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

17.3 Carve-outs

The liability cap and exclusions in this Section 17 do NOT apply to:

• Your obligation to pay fees due
• Either party's indemnification obligations under Section 18
• Damages arising from WarehouseEdge's gross negligence or willful misconduct
• Damages arising from WarehouseEdge's breach of confidentiality under Section 11
• Damages arising from WarehouseEdge's intellectual property infringement
• Damages that cannot be limited or excluded under applicable law

17.4 Basis of the bargain

You acknowledge that the pricing of the Service reflects this allocation of risk and that WarehouseEdge would not provide the Service on the agreed pricing without these limitations.

18. Indemnification

18.1 Indemnification by you

You agree to indemnify, defend, and hold harmless WarehouseEdge, its officers, employees, contractors, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims (whether from third parties, employees, operators, contractors, or other persons), damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your access to or use of the Service, including any features, content, or output of the Service that you accessed, used, relied on, or shared with others
• Your violation of these Terms or any other agreement between you and WarehouseEdge
• Your violation of any law, regulation, or third-party right (including intellectual property rights, privacy rights, and publicity rights)
• Inaccurate, incomplete, or fraudulent Customer Data you submit to the Service, including data regarding operator qualifications, training completion, evaluation results, equipment information, or facility characteristics
• WORKPLACE ACCIDENTS, INJURIES, OR FATALITIES IN CONNECTION WITH OPERATIONS BY YOU OR OPERATORS TRAINED, EVALUATED, OR CERTIFIED THROUGH YOUR USE OF THE SERVICE, REGARDLESS OF CAUSE OR LOCATION, INCLUDING WITHOUT LIMITATION ACCIDENTS ALLEGED TO HAVE RESULTED FROM:
  • INADEQUATE OPERATOR TRAINING
  • RELIANCE ON TRAINING CONTENT WITHIN THE SERVICE
  • USE OF ANY CERTIFICATION, RECORD, OR DOCUMENT GENERATED BY THE SERVICE
  • FAILURE TO CONDUCT PRACTICAL EVALUATION AS REQUIRED BY OSHA 1910.178(L)(2)(III)
  • FAILURE TO PROVIDE SITE-SPECIFIC OR EQUIPMENT-SPECIFIC TRAINING
  • FAILURE TO MAINTAIN QUALIFIED PERSONS FOR TRAINING AND EVALUATION WITHIN YOUR ORGANIZATION
• CLAIMS THAT TRAINING CONTENT PROVIDED THROUGH THE SERVICE WAS INADEQUATE, INCORRECT, OUTDATED, OR CONTRIBUTED TO ANY ACCIDENT, INJURY, OR FATALITY
• CLAIMS ARISING FROM YOUR REPRESENTATION, IMPLICATION, OR FAILURE TO CORRECT THE IMPRESSION THAT COMPLETION OF TRAINING CONTENT WITHIN THE SERVICE ALONE CONSTITUTED OSHA-COMPLIANT OPERATOR TRAINING OR CERTIFICATION
• CLAIMS ARISING FROM YOUR CERTIFICATION OF OPERATORS BASED ON USE OF THE SERVICE, INCLUDING CLAIMS THAT SUCH CERTIFICATIONS WERE PREMATURE, UNQUALIFIED, OR INSUFFICIENTLY SUPPORTED BY PRACTICAL EVALUATION
• Claims arising from reliance on, or actions taken based on, AI-generated outputs from the Service, including but not limited to Foreman recommendations, document parsing results, compliance search results, and AI-generated suggestions or analyses
• Claims arising from any operator, employee, contractor, representative, or other person to whom you grant access to your account or whose information you enter into the Service, including claims arising from their acts or omissions while using or interacting with the Service
• Regulatory enforcement actions against you under any applicable workplace safety, transportation, environmental, employment, or labor laws, including but not limited to federal OSHA citations and fines, state OSHA-equivalent program enforcement actions, DOT regulations, and similar regulatory frameworks
• Your failure to obtain required consents, notices, or authorizations for operator personal information entered into the Service, or for any other use of the Service that requires third-party consent under applicable law
• Your use of the Service in connection with high-risk activities where failure could lead to death, personal injury, or environmental damage, beyond the intended educational and recordkeeping purposes of the Service
• Tax liabilities or obligations arising from your subscription or use of the Service
• Any other claim, demand, action, or proceeding arising from or related to your acts, omissions, business operations, or use of the Service

18.2 Indemnification by WarehouseEdge

WarehouseEdge will indemnify, defend, and hold harmless you from third-party claims that the Service, as provided by WarehouseEdge and used in accordance with these Terms, infringes a third party's intellectual property rights.

WarehouseEdge has no obligation under this section for claims arising from:

• Customer Data
• Modifications to the Service not made or authorized by WarehouseEdge
• Use of the Service in combination with products, services, or data not provided by WarehouseEdge
• Use of the Service in violation of these Terms

If the Service is determined to infringe (or is likely to be determined to infringe), WarehouseEdge may at its option: (a) modify the Service to avoid infringement, (b) obtain a license to continue providing the Service, or (c) terminate the affected portion of the Service and refund any prepaid fees for the unused portion of the term.

This Section 18.2 states WarehouseEdge's sole obligation, and your sole remedy, for intellectual property infringement claims related to the Service.

18.3 Indemnification procedure

The indemnified party will: (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control over the defense and settlement of the claim, and (c) provide reasonable cooperation in the defense. The indemnified party may participate in the defense at its own expense. The indemnifying party may not settle any claim that imposes obligations on the indemnified party without the indemnified party's consent.

18.4 Scope of WarehouseEdge responsibility

The Service is a software platform for training delivery, certification recordkeeping, and compliance documentation. WarehouseEdge is not responsible for, and disclaims any liability arising from, the physical operation of forklifts or other equipment by any operator, regardless of whether such operator received training, evaluation, or certification through the Service.

Specifically, WarehouseEdge is not responsible for:

Operator conduct and human error

Operator errors, mistakes, lapses of judgment, carelessness, distraction, fatigue, impairment, or failure to follow training, safety procedures, site rules, or manufacturer operating instructions. This includes failure to perform required pre-shift inspections, failure to wear personal protective equipment, operating equipment beyond its rated capacity, and reckless, negligent, or willful unsafe acts.

Equipment condition and maintenance

Mechanical failures, malfunctions, or breakdowns of forklifts, attachments, or related equipment, regardless of cause. This includes hydraulic, electrical, brake, steering, lift, tilt, battery, tire, fork, mast, attachment, and safety device failures (seatbelts, horns, lights, alarms, overhead guards, load backrests). It includes equipment that is poorly maintained, improperly repaired, out of service tolerance, modified without manufacturer authorization, or used beyond its design capacity or service life.

Trailer and dock incidents

Accidents that occur during loading, unloading, or movement of trailers, trucks, railcars, or other transportation vehicles. This includes, without limitation:

• Trailer separation incidents — accidents resulting from a trailer, truck, or transportation vehicle being moved, driven away, or detached while a forklift, operator, or load is on, inside, or partially inside the vehicle, regardless of whether the movement was intentional, negligent, or accidental
• Failure of any party to install, engage, or maintain wheel chocks, dock locks, trailer restraints, or equivalent safety devices
• Failure of communication between dock personnel, forklift operators, and truck drivers regarding trailer status
• Acts or omissions of truck drivers, transportation contractors, or yard personnel, whether or not employed by you
• Dock plate, dock leveler, or dock board failures or improper positioning
• Trailer floor failures, weak spots, or structural issues
• Loading or unloading practices that exceed trailer floor capacity or load distribution requirements
• Driveaway incidents where a trailer is moved without authorization or communication

Facility and environmental conditions

Conditions of warehouse floors, racking, dock plates, ramps, loading areas, lighting, ventilation, signage, mirrors, or visibility aids. This includes spills, debris, ice, water, or other floor hazards; inadequate aisle widths, traffic patterns, or pedestrian separation; overhead hazards (sprinkler heads, lights, structural elements); and conditions caused by other equipment, vehicles, or operations in the facility.

Loads and material handling

The contents, weight, balance, condition, labeling, stacking, or securing of loads. This includes pallet condition and suitability, falling objects from racks or stacked materials, unstable or improperly secured loads, and stacking, racking, or storage decisions and practices.

Third-party acts and external factors

Acts or omissions of pedestrians, other operators, contractors, visitors, customers, vendors, truck drivers, yard personnel, or any other third parties present at or near the facility. This includes weather conditions, acts of God, natural disasters, or other circumstances beyond reasonable control.

Hiring, supervision, and authorization decisions

Your decisions about which operators to hire, retain, assign, supervise, or authorize to operate specific equipment. This includes your verification of operator physical fitness, medical qualification, or capability, and your enforcement of training, certification, or evaluation requirements.

Any other risks inherent in forklift and warehouse operations

Any other accident, injury, fatality, property damage, or loss arising from the operation of forklifts, the operation of related material handling equipment, or warehouse and dock operations generally — including incidents arising from causes, combinations of causes, or circumstances not specifically enumerated above. The operation of industrial equipment carries inherent risks that cannot be eliminated by training, and WarehouseEdge does not assume responsibility for these risks regardless of the specific manner in which they manifest.

You acknowledge that the safe operation of forklifts and similar equipment is determined by many factors beyond training, including operator skill and judgment in the moment, equipment condition, facility conditions, load characteristics, dock and trailer practices, and management decisions. Training delivered through the Service is one element that contributes to operator readiness; it does not control actual operation, and WarehouseEdge cannot prevent accidents, injuries, or fatalities that may occur during equipment operation.

The categories listed above are illustrative, not exhaustive. The operation of industrial equipment and warehouse facilities involves many risks and failure modes, and the absence of a specific scenario from the list above does not imply that WarehouseEdge assumes responsibility for that scenario.

19. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.

19.1 Informal resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation. The party raising the dispute will provide written notice to the other party (sent to contact@warehouseedge.com for disputes with WarehouseEdge, or to the billing contact's registered email for disputes with you), describing the dispute and proposed resolution. The parties will negotiate in good faith for at least 30 days before initiating formal proceedings.

19.2 Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration, except as provided in Section 19.6.

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules (for claims under $250,000) or its Comprehensive Arbitration Rules (for claims of $250,000 or more), as applicable.

Key terms of the arbitration:

• Location: Arbitration will be conducted in Sheridan, Wyoming, or via video conference at the arbitrator's discretion. For individual consumers, arbitration may be conducted in the county of the consumer's residence at the consumer's request.
• Arbitrator authority: The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
• Award: The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
• Costs: Each party pays its own attorneys' fees and costs, except where the arbitrator awards otherwise or where applicable law requires WarehouseEdge to bear arbitration filing fees for consumer claims.

19.3 Class action waiver

YOU AND WAREHOUSEEDGE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MASS ACTION, CONSOLIDATED ACTION, OR SIMILAR PROCEEDING.

The arbitrator may not consolidate more than one party's claims without consent of all affected parties.

If a court determines that this class action waiver is unenforceable with respect to any claim, then that claim (and only that claim) will be severed from arbitration and brought in a court of competent jurisdiction. The remaining claims will continue to be resolved through individual arbitration.

19.4 30-day opt-out

You may opt out of this Section 19 (Dispute resolution and arbitration) by sending written notice to contact@warehouseedge.com within 30 days of first accepting these Terms. The notice must include your name, your organization name, the email address associated with your account, and a clear statement that you are opting out of arbitration and the class action waiver.

If you opt out:

• You and WarehouseEdge will resolve disputes in court as described in Section 19.6
• Opting out does not affect any other provision of these Terms
• Opting out does not affect any prior arbitration agreement you may have with WarehouseEdge from a previous version of these Terms

19.5 No effect on injunctive relief for IP

Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in court to prevent or stop infringement, misappropriation, or other violation of intellectual property rights or unauthorized access to confidential information.

19.6 Exceptions and court proceedings

The following are excluded from mandatory arbitration:

• Claims for injunctive relief related to intellectual property or confidentiality (per Section 19.5)
• Small claims court actions, provided the claim qualifies and remains in small claims court
• Claims by either party where the other party has opted out of arbitration under Section 19.4

For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.

20. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. General provisions

21.1 Entire agreement

These Terms, together with the Privacy Policy and any order forms or written agreements between you and WarehouseEdge, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, communications, and proposals, whether oral or written.

In the event of a conflict between these Terms and a signed written agreement between you and WarehouseEdge, the signed written agreement controls.

21.2 Modifications

We may update these Terms from time to time. The "Last updated" date at the top of these Terms indicates when they were most recently changed.

Material changes to these Terms (including changes to pricing structure, dispute resolution, liability limits, or core service terms) require:

• At least 30 days' notice to active customers via email to the billing contact's registered email address
• Explicit acceptance of the new Terms from active customers before continuing to use the Service

Non-material changes (typo corrections, clarifications, reorganization, updates that don't materially affect customer rights or obligations) may be made without requiring new explicit acceptance. Continued use of the Service after a non-material change constitutes acceptance.

We will not characterize a change as "non-material" to avoid the notice and acceptance requirements that should apply to a material change. The good-faith determination of materiality may be challenged by contacting us.

21.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

21.4 No waiver

A party's failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. Any waiver must be in writing and signed by the waiving party to be effective.

21.5 Assignment

You may not assign or transfer these Terms or your subscription without WarehouseEdge's prior written consent. Any attempted assignment without consent is void.

WarehouseEdge may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. We will notify you of any such assignment.

21.6 Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, pandemic, internet or telecommunications outages, or third-party service provider failures. The affected party will provide reasonable notice and use commercially reasonable efforts to minimize the impact.

21.7 Notices

Notices to you will be sent to the billing contact's registered email address. You are responsible for keeping your billing contact information current.

Notices to WarehouseEdge must be sent to:

• Email: contact@warehouseedge.com (for general matters)
• Mailing address:
  WarehouseEdge LLC
  30 N Gould St Ste N
  Sheridan, WY 82801
  United States

For legal process (subpoenas, service of process, court orders), delivery to the mailing address above constitutes valid service.

21.8 Independent contractors

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship between the parties.

21.9 No third-party beneficiaries

These Terms are for the benefit of you and WarehouseEdge only. No third party has any rights under these Terms.

21.10 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

21.11 Electronic acceptance

By clicking "I agree," creating an account, or paying a subscription, you electronically accept these Terms. Your electronic acceptance is legally equivalent to a handwritten signature.

21.12 Counterparts

If these Terms are executed in physical form, they may be executed in counterparts, each of which is an original and all of which together constitute one agreement.

22. Export control and sanctions

You represent and warrant that:

• You are not located in, organized in, or a resident of a country subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine)
• You are not on any U.S. government list of restricted persons (including the Specially Designated Nationals list maintained by the Office of Foreign Assets Control)
• You will not use the Service in violation of U.S. export control or sanctions laws

WarehouseEdge may suspend or terminate your access to the Service if it has reasonable grounds to believe that your use violates these requirements.

23. Anti-corruption

You agree that you will not, in connection with these Terms or the Service, offer, promise, or give anything of value to any government official, political party, or other person to influence official action or obtain an improper business advantage. You will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.

24. Children

The Service is not intended for individuals under the age of 18. We do not knowingly allow individuals under 18 to create accounts. OSHA forklift operator certification requires operators to be at least 18 years old, and you are responsible for ensuring that all operators registered in the Service meet this requirement.

25. Disclaimer regarding this agreement

These Terms are the current version of the agreement between WarehouseEdge and its customers. They are not legal advice. If you have specific legal questions about your rights or obligations, consult an attorney licensed in your jurisdiction.

We are working with legal counsel to review and refine these Terms. Changes will be communicated per Section 21.2.

26. Contact us

For questions about these Terms, to exercise your rights, or to report a concern:

Email: contact@warehouseedge.com
Subject line for legal matters: "Legal Inquiry"

Mailing address:
WarehouseEdge LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States

For security-specific concerns, see our SECURITY.md.
For privacy-specific concerns, see our Privacy Policy.

Acknowledgment

By creating an account, accessing the Service, or paying a subscription, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

End of Terms of Service v1.0