1. Acceptance of Terms
By accessing or using SPK Fatigue Modeler ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Service.
These Terms incorporate our Privacy Policy. Additional guidelines or rules posted within the platform form part of these Terms.
2. Description of Service
SPK Fatigue Modeler provides bio-mathematical tools to support fatigue-risk assessment and shift-schedule analysis.
You acknowledge and agree that:
- The Service provides decision-support only.
- The Service does not determine fitness for duty, medical status, or personnel suitability.
- The Service does not predict accidents or guarantee safety outcomes.
- All operational decisions remain the sole responsibility of you and your organization.
- The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind.
3. License to Use the Service
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.
You agree not to:
- Copy, modify, distribute, or create derivative works from the Service
- Reverse engineer, disassemble, or decompile any part of the Service
- Use the Service to build a competing product
- Circumvent access controls or security measures
4. User Responsibilities
You are responsible for:
- Ensuring that all data you upload is accurate, lawful, and authorized
- Complying with all applicable labor laws, safety regulations, and internal policies
- Ensuring that model outputs are interpreted by qualified personnel
- Maintaining the confidentiality of your login credentials
You agree not to use the Service in any manner that is illegal or harmful.
5. Data Ownership and Rights
- You retain full ownership of the operational data you submit to the Service.
- By submitting data, you grant us a limited license to process, analyze, and store such data solely for the purpose of providing the Service and improving system performance.
- We do not sell or use your operational data for any purpose other than delivering and improving the Service.
6. Intellectual Property
All intellectual property associated with the Service—including software, algorithms, interfaces, logos, and trademarks—are the exclusive property of Fort Hill Group and its licensors.
These Terms do not grant you any rights to our intellectual property except for the limited license described above.
7. Service Availability and Modifications
- We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.
- We strive for high availability but provide no guarantee of uninterrupted operation.
- We may introduce beta or experimental features that may be modified or removed at any time.
8. Termination
- We may suspend or terminate your access to the Service at any time, with or without cause, including for violations of these Terms.
- Upon termination, your right to use the Service immediately ceases.
9. Disclaimer of Warranties
The Service is provided without warranties of any kind, express or implied. We expressly disclaim any warranties of:
- Accuracy, completeness, or reliability of fatigue-risk outputs
- Fitness for a particular purpose
- Compliance with regulatory standards or labor requirements
- Non-infringement
You acknowledge that model outputs may contain errors or uncertainties and must be used with professional judgment.
10. Limitation of Liability
To the fullest extent permitted by law, Fort Hill Group and its affiliates shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, goodwill, or data
- Decisions made or not made based on the Service’s outputs
- Any use of the Service in safety-critical, operational, or personnel-management contexts
Our total liability shall not exceed the amount paid to us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Fort Hill Group from any claims, damages, or expenses arising out of:
- Your misuse of the Service
- Violations of these Terms
- Uploading unauthorized data
- Reliance on model outputs for operational decisions
12. Governing Law
These Terms are governed by the laws of the District of Columbia, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in the District of Columbia.
13. Changes to Terms
We may update these Terms at any time. Continued use of the Service after changes become effective constitutes acceptance of the new Terms.