Credentials On The GO / COTG End User License Agreement

Effective date: [[EFFECTIVE_DATE]]
Application provider: [[LEGAL_ENTITY_NAME]], a [[ENTITY_STATE]] [[ENTITY_TYPE]] ("Provider," "we," "us," or "our")
Mailing address: [[MAILING_ADDRESS]]
Support: [[SUPPORT_EMAIL]] · [[SUPPORT_PHONE]]
Legal notices: [[LEGAL_EMAIL]]
Website: [[DOMAIN]]

This End User License Agreement ("EULA") is a binding agreement between Provider and the person who downloads, accesses, or uses the Credentials On The GO website or the COTG mobile application (collectively, the "Service"). The organization that authorized your account is the "Customer." You are the "User."

Please read this EULA before selecting I Agree, signing in, or using the Service. By doing any of those things, you agree to this EULA. If you do not agree, do not use the Service and contact your Customer administrator.

1. Who may use the Service#

You may use the Service only if a Customer has authorized you, you can form a binding agreement under applicable law, and your use is permitted by law. If you use the Service for a business or other organization, you represent that you are authorized to use it for that organization.

The Customer, rather than Provider, controls your employment, job assignment, training requirements, site access, qualification decisions, and the records the Customer publishes about you. This EULA does not create an employment, agency, partnership, or professional relationship between you and Provider.

2. License grant#

Subject to this EULA, Provider gives you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to install and use the COTG mobile application and to access the Service on devices you own or control solely for the Customer-authorized credential workflow. The application is licensed, not sold. Provider and its licensors reserve all rights not expressly granted.

For an application obtained through Apple, the license is limited to use on Apple-branded products that you own or control as permitted by the Apple Media Services Usage Rules, including any permitted Family Sharing or volume-purchase use. Store and operating-system terms may impose additional limits.

3. Accounts and security#

Keep your company identifier, username, password, device, and session secure. Do not share an account or allow another person to present your profile or QR code as their own. Notify your Customer administrator promptly if a device, password, or QR code may be compromised.

Provider or the Customer may require password changes, end sessions, revoke QR links, disable application access, or suspend an account to protect the Service, comply with law, or respond to a Customer instruction. You are responsible for activity performed through your account to the extent permitted by law.

4. Customer records and administrator control#

The Service displays records supplied, uploaded, reviewed, or approved by the Customer and its authorized administrators. Those records may include your name, employee number, photograph, job or unit information, training requirements, completion dates, expiration dates, status, and supporting evidence.

The Customer decides which records are required, whether evidence is accepted, which administrators may update records, and which approved information may be shown in the employee wallet or auditor view. Contact the Customer administrator to dispute or correct a record. Provider may provide the software and technical support, but does not independently certify the accuracy, authenticity, legal sufficiency, or current status of Customer records.

5. Credential wallet and QR sharing#

The employee wallet is read-only unless the Service expressly says otherwise. An auditor QR code creates a limited browser link to the information the Customer has approved for sharing. A person who receives or photographs an active QR code may be able to open that link. Treat each QR code like a temporary credential.

Normal production QR links expire after the displayed period and may be revoked sooner. Internet access is required for the current release. A scan reports the Customer's published record at the time of access; it does not guarantee site admission, regulatory compliance, employment status, identity, or fitness for a task. The site owner, auditor, regulator, or Customer makes those decisions.

Do not post, sell, publish, scrape, or distribute another person's QR code, credential evidence, or personal information. Do not use an auditor view for an unrelated purpose.

6. Device authentication and biometrics#

If you enable Face ID, Touch ID, fingerprint unlock, or another device authentication feature, the operating system performs the authentication. Under the intended COTG design, Provider receives only the success or failure result and does not receive, collect, or store your facial geometry, fingerprint template, or other biometric identifier.

Device authentication is optional unless your Customer lawfully requires it. You may use the supported password sign-in method instead. If the product is changed to collect or store biometric identifiers, that feature must not launch until the applicable notices, consents, retention schedule, and legal review are completed.

7. Acceptable use#

You must not:

• access an account, company, record, file, or system without authorization;
• impersonate another person or misrepresent a credential, status, or QR result;
• alter, forge, upload, or distribute false or malicious records;
• defeat access controls, probe for vulnerabilities, or interfere with availability;
• reverse engineer, decompile, or attempt to extract source code except where applicable law expressly permits it;
• copy, resell, sublicense, rent, or commercially exploit the Service except under a written agreement with Provider;
• introduce malware, excessive automated requests, or content that violates law or another person's rights; or
• use the Service to make an automated decision about a person where law requires a different process or human review.

Provider may investigate suspected misuse and preserve or disclose information when reasonably necessary to protect users, enforce this EULA, comply with law, or respond to valid legal process.

8. Privacy#

The Privacy Notice at [[PRIVACY_URL]] explains Provider's handling of personal information. The Customer may have a separate employee or workforce privacy notice and may act as the business, controller, owner, or record custodian for Customer records. Questions about why the Customer requires a record, how long the Customer retains it, or who may see it should be directed to the Customer.

You understand that presenting a QR code asks the Service to disclose the approved auditor view to the person who scans it. Do not present a QR code unless you intend that disclosure.

9. Customer agreement, fees, and billing#

The Customer's subscription, trial, fees, employee-count tier, payment, service level, data-processing, and termination terms are governed by a separate order form or customer services agreement. Employees do not purchase the Customer subscription through this EULA. If a Customer agreement conflicts with this EULA about the Customer's commercial obligations, the Customer agreement controls for the Customer; this EULA continues to govern the individual User's license and conduct.

10. Ownership and feedback#

Provider and its licensors own the Service, software, design, trademarks, and related intellectual property. The Customer or its licensors retain their rights in Customer-provided records and files. No right to use another party's name, logo, or mark is granted except as necessary to use the Service.

If you voluntarily provide product feedback, you give Provider a worldwide, perpetual, irrevocable, royalty-free right to use it without identifying you or owing compensation, subject to the Privacy Notice and applicable law.

11. Third-party services and terms#

The Service may depend on device operating systems, app stores, networks, hosting, and other third-party services. Your use must comply with applicable third-party terms, including your wireless data agreement and app-store rules. Provider is not responsible for a third-party service outside Provider's control, but nothing in this section removes a responsibility that cannot lawfully be excluded.

12. Updates, availability, and changes to the Service#

Provider may issue security fixes, updates, or feature changes. Some updates may be required for continued use. The Service may be unavailable during maintenance, emergencies, network failures, or events outside reasonable control. Provider does not promise uninterrupted availability under this EULA; any contracted availability commitment appears only in the Customer agreement.

13. Suspension and termination#

This EULA continues until terminated. You may terminate it by stopping use and deleting the application. Your authorization normally ends when the Customer disables your access or its subscription ends. Provider may suspend or terminate access for a material breach, security risk, legal requirement, or Customer instruction.

Sections that by their nature should survive will survive, including ownership, disclaimers, liability limits, dispute provisions, and state rights. Termination does not determine how long the Customer must retain employment or training records.

14. Disclaimer of warranties#

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." PROVIDER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT A CUSTOMER RECORD IS ACCURATE, THAT A CREDENTIAL SATISFIES A LAW OR SITE POLICY, THAT A USER WILL BE ADMITTED TO A SITE, OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

Some states do not allow some warranty exclusions. In that event, the exclusion applies only to the extent permitted, and any legally required warranty is limited to the shortest period permitted by law. This EULA does not exclude any warranty, remedy, or right that cannot lawfully be excluded.

15. Limitation of liability#

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER WILL NOT BE LIABLE UNDER THIS EULA FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE. PROVIDER'S TOTAL LIABILITY TO A USER UNDER THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE USER PERSONALLY PAID PROVIDER FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.

These limits do not apply to liability that cannot lawfully be limited, including liability for fraud, willful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence where it cannot be limited, or violation of a nonwaivable statutory right. A Customer's separate agreement may provide different contractual remedies to that Customer.

16. Governing law and disputes#

The laws of [[ENTITY_STATE]], without regard to conflict-of-law rules, govern this EULA except to the extent another jurisdiction's law must apply. A dispute may be brought in a court that has lawful subject-matter and personal jurisdiction.

Nothing in this EULA requires arbitration, waives a jury trial, or waives participation in a class or representative action. Before filing a claim, the parties are encouraged, but not required where prohibited or impractical, to send a written description to [[LEGAL_EMAIL]] and allow 30 days for an informal response.

If you live in a state whose law gives you nonwaivable consumer, employment, privacy, warranty, remedy, venue, or procedural rights, those rights remain in force. Section 24 and the State Rights Addendum are part of this EULA.

17. Export and sanctions compliance#

You represent that you are not located in a country subject to a comprehensive United States government embargo, in a country designated by the United States government as supporting terrorism, or on a United States government restricted-party list. You must comply with applicable export-control and sanctions laws.

18. United States government users#

The application and documentation are "Commercial Items" and "Commercial Computer Software" provided to United States government end users with only the rights granted to other users under this EULA, consistent with applicable federal acquisition rules.

19. Apple-specific terms#

If you obtained the application through Apple's App Store:

1. This EULA is between you and Provider, not Apple. Provider, not Apple, is responsible for the application and its content.
2. Apple has no obligation to provide maintenance or support.
3. If the application fails to conform to an applicable warranty, you may notify Apple and Apple may refund any purchase price paid for the application. To the maximum extent permitted by law, Apple has no other warranty obligation. Provider is responsible for other warranty claims to the extent required by this EULA or law.
4. Provider, not Apple, is responsible for addressing claims involving the application, including product-liability, legal-compliance, and consumer-protection or privacy claims.
5. Provider, not Apple, is responsible for investigating, defending, settling, and discharging a third-party intellectual-property infringement claim involving the application.
6. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you upon your acceptance.
7. Provider's contact information appears at the beginning of this EULA.

20. Google Play-specific terms#

If you obtained the application through Google Play, this EULA is between you and Provider, not Google. Google is not responsible for the application, its content, maintenance, support, or claims relating to it. Google may be a third-party beneficiary to the extent provided by applicable Google Play terms. Your use of Google Play and the application remains subject to applicable Google terms.

21. Changes to this EULA#

Provider may update this EULA to reflect product, legal, or security changes. Material changes will be presented through the Service or another reasonable channel before they take effect when required by law. The effective date will be updated. If affirmative acceptance is legally required, continued use alone will not replace that acceptance.

22. Electronic records#

You consent to receive this EULA and Service notices electronically. You may save or print this page. Where the federal E-SIGN Act or state law requires additional consumer consent or disclosures for an electronic record, Provider will use the process required by that law. Contact [[SUPPORT_EMAIL]] to request an accessible copy or ask whether a paper copy is available.

23. General terms#

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue, unless applicable law requires a different result. A failure to enforce a provision is not a waiver. You may not assign this EULA without Provider's written consent; Provider may assign it in connection with a merger, reorganization, financing, or sale of the relevant business, subject to applicable law. Headings are for convenience. The English version controls to the extent permitted by law. This EULA, the Privacy Notice, and any terms expressly incorporated into them are the complete end-user agreement about the licensed application.

24. State Rights Addendum — all 50 states#

This addendum applies based on the User's residence and any other state law that must apply. It preserves rights; it does not reduce them. For every state listed below, mandatory consumer-protection, privacy, biometric, employment, electronic-contract, accessibility, warranty, and remedy laws remain effective. Any disclaimer, liability limit, governing-law term, venue term, or other provision in this EULA applies only to the extent the applicable state's law permits it.

25. Contact and complaints#

Questions, complaints, and claims about the application should be directed to:

[[LEGAL_ENTITY_NAME]]
[[MAILING_ADDRESS]]
[[SUPPORT_PHONE]]
[[SUPPORT_EMAIL]]

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs using the current contact information published by that agency. Insert the current mailing address and telephone numbers in the final reviewed version if California Civil Code §1789.3 applies.