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Terms and Conditions for makeswms
# Terms of Service
**makeswms.com**
Last Updated: December 17, 2025
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## 1. ACCEPTANCE OF TERMS
By accessing and using the services provided by SIA Valabijs (Reg. No. 40203667525), a company registered in Latvia, doing business as makeswms.com ("Service," "we," "us," or "our") through the website https://makeswms.com (the "Site"), you ("User," "you," or "your") agree to be bound by these Terms of Service (the "Agreement"). If you do not agree to all terms and conditions of this Agreement, do not use the Service.
**IMPORTANT NOTICE:** The Service provides document generation tools only. We do not provide safety consulting, legal advice, or compliance certification services. You are solely responsible for ensuring all documents generated are appropriate, accurate, and compliant with applicable laws and regulations for your specific circumstances.
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## 2. DESCRIPTION OF SERVICE
makeswms.com provides a software-as-a-service platform that assists users in generating Safe Work Method Statement (SWMS) documents and related workplace safety documentation. The Service includes:
(a) Pre-populated document templates for various trades and work activities;
(b) Tools for customising and editing document content;
(c) Document generation in PDF and Microsoft Word (.docx) formats;
(d) Temporary document storage for download purposes;
(e) Related features as made available from time to time.
### 2.1 Nature of Service
The Service is a document generation tool only. The Service:
(a) Does NOT provide professional safety advice or consulting;
(b) Does NOT certify, validate, or verify the legal compliance of any documents;
(c) Does NOT guarantee that generated documents meet any particular regulatory requirements;
(d) Does NOT replace the need for qualified safety professionals, auditors, or legal advisors;
(e) Does NOT assume any responsibility for workplace safety outcomes.
### 2.2 Communication Channels
We may communicate with you through various channels including but not limited to email addresses associated with makeswms.com and sitestarter.co domains. You agree that communications from any of these domains constitute official communication from the Service.
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## 3. CRITICAL DISCLAIMERS REGARDING DOCUMENT USE
**YOU MUST READ AND UNDERSTAND THIS SECTION BEFORE USING THE SERVICE.**
### 3.1 No Guarantee of Accuracy or Compliance
The Service provides template documents with pre-populated content as a starting point only. We make NO representation, warranty, or guarantee that:
(a) Any document generated through the Service is accurate, complete, or error-free;
(b) Any document generated through the Service complies with Work Health and Safety (WHS) legislation, regulations, codes of practice, or Australian Standards in any jurisdiction;
(c) Any document generated through the Service is suitable for any particular work activity, site, or circumstance;
(d) The hazards, risks, or control measures suggested in templates are comprehensive or appropriate for your specific situation;
(e) Using documents generated through the Service will satisfy any legal, regulatory, or contractual obligation.
### 3.2 User Responsibility for Document Content
You acknowledge and agree that:
(a) YOU bear sole and complete responsibility for reviewing, verifying, and validating all content in any document generated through the Service;
(b) YOU are responsible for identifying all hazards relevant to your specific work activity, site, and circumstances;
(c) YOU are responsible for determining appropriate risk ratings and control measures;
(d) YOU are responsible for ensuring documents are tailored to your specific situation;
(e) YOU are responsible for ensuring documents comply with all applicable laws, regulations, codes of practice, and standards in your jurisdiction;
(f) Pre-populated content is provided as a general guide only and may not reflect current regulations, best practices, or site-specific requirements.
### 3.3 Mandatory External Review Requirement
**We strongly recommend and you acknowledge that:**
(a) All documents generated through the Service should be reviewed by a qualified and competent person with appropriate safety qualifications before being used;
(b) Documents should be reviewed by an appropriately accredited safety auditor, WHS consultant, or other qualified professional before work commences;
(c) You should seek independent professional advice regarding the suitability and compliance of any document for your intended use;
(d) No document generated through the Service should be used without appropriate professional review and sign-off.
### 3.4 User Responsibility for Workplace Safety
You acknowledge and agree that:
(a) YOU are solely responsible for all workplace safety at any site where documents generated through the Service are used;
(b) YOU are solely responsible for the safety of all workers, contractors, visitors, and any other persons affected by work activities;
(c) YOU are solely responsible for compliance with all applicable Work Health and Safety legislation, regulations, and codes of practice;
(d) The existence or use of a SWMS document does not discharge your legal duties as a Person Conducting a Business or Undertaking (PCBU), employer, principal contractor, or worker;
(e) We have no involvement in, control over, or responsibility for any work activity, site, or safety outcome.
### 3.5 Regulatory Variations
You acknowledge that:
(a) Work Health and Safety laws vary between Australian states and territories;
(b) SWMS requirements may differ between jurisdictions;
(c) Regulations and requirements change over time;
(d) Templates provided may not reflect the current requirements in your jurisdiction;
(e) YOU are responsible for ensuring compliance with the specific requirements applicable to your location and circumstances.
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## 4. ELIGIBILITY
By using the Service, you represent and warrant that:
(a) You are at least 18 years old;
(b) You have the legal capacity to enter into a binding agreement;
(c) Any registration information you submit is truthful and accurate;
(d) You will maintain the accuracy of such information;
(e) You have the authority to bind any entity on whose behalf you use the Service;
(f) You understand the limitations of the Service as described in this Agreement;
(g) You accept full responsibility for the use of any documents generated through the Service.
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## 5. SUBSCRIPTION AND FEES
### 5.1 Subscription Plans
The Service is available through monthly or annual subscription plans. Your selected subscription plan determines your access level and permitted features. Details of current plans and pricing are available on the Site.
### 5.2 License, Not Ownership
Your subscription constitutes a limited, non-exclusive, non-transferable license to access and use the Service during the subscription term. This license does not convey ownership rights to any underlying software, code, templates, or intellectual property. Continued access is contingent upon timely payment of subscription fees.
### 5.3 Payment Terms
You agree to pay all subscription fees in advance according to your selected billing cycle. All fees are quoted and payable in Australian Dollars (AUD) unless otherwise specified. All fees are non-refundable unless otherwise required by law. We reserve the right to modify our fees upon reasonable notice.
### 5.4 Automatic Renewal
Subscriptions automatically renew unless cancelled prior to the renewal date. Cancellation may be effected through your account settings or by contacting us at [email protected].
### 5.5 Free Trials
We may offer free trial periods at our discretion. At the end of any free trial, your subscription will automatically convert to a paid subscription unless cancelled. Trial terms may be modified or discontinued at any time.
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## 6. USER CONTENT AND INTELLECTUAL PROPERTY
### 6.1 Your Content
You retain all intellectual property rights in content you upload, input, or otherwise transmit via the Service ("User Content"), including business information, site details, and custom hazard information. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, and display such content to the extent necessary to provide the Service.
### 6.2 Our Content
All templates, pre-populated content, hazard databases, control measure libraries, software, and other materials provided through the Service ("Our Content") remain our intellectual property or that of our licensors. You may not copy, reproduce, distribute, or create derivative works from Our Content except as expressly permitted through normal use of the Service.
### 6.3 Generated Documents
Documents generated through the Service using a combination of Our Content and Your Content are licensed to you for your business use during your active subscription. This license is:
(a) Non-exclusive;
(b) Non-transferable except as part of normal business operations;
(c) Limited to the purposes for which SWMS documents are intended;
(d) Subject to continued compliance with this Agreement.
### 6.4 Content Accuracy
You represent and warrant that all User Content you provide is accurate and complete to the best of your knowledge. You acknowledge that the accuracy of generated documents depends on the accuracy of information you provide.
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## 7. DOCUMENT DELIVERY AND INTENDED USE
(a) The Service generates documents for download in PDF and Microsoft Word (.docx) formats. Documents are intended to be downloaded, printed, and used offline by you.
(b) Upon download, documents become your property and responsibility. We do not host active compliance documents on your behalf.
(c) We bear no responsibility for documents that are improperly downloaded, printed, displayed, or rendered, including but not limited to formatting errors, missing pages, incompatible software, or illegible output.
(d) You are responsible for verifying that downloaded and printed documents are complete, accurate, and legible before use.
(e) Documents represent a point-in-time output based on templates and content available at the time of generation. We have no obligation to notify you of regulatory changes, template updates, or to update previously generated documents.
(f) You are solely responsible for maintaining appropriate records of generated documents as required by applicable laws and regulations.
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## 8. ACCEPTABLE USE
You agree not to:
(a) Use the Service for unlawful purposes;
(b) Use generated documents for activities other than legitimate workplace safety documentation;
(c) Upload malicious code, including viruses or trojans;
(d) Disrupt or interfere with the security or performance of the Service;
(e) Attempt to gain unauthorized access to any portion of the Service;
(f) Share your account credentials with third parties;
(g) Resell or redistribute the Service or generated documents commercially;
(h) Use the Service to generate documents for work activities you are not authorised to perform;
(i) Misrepresent documents generated through the Service as having been prepared or certified by safety professionals;
(j) Remove or alter any disclaimers, notices, or attributions in generated documents.
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## 9. PRIVACY AND DATA COLLECTION
### 8.1 Personal Information
We collect personal information including your name, email address, payment information, business details, and information you provide for document creation.
### 8.2 Document Data
Information entered into the Service for document generation, including site details, hazard information, and worker details, is stored to provide the Service and may be used to improve our templates and offerings in anonymised, aggregated form.
### 8.3 Cookies
We employ cookies and similar tracking technologies to enhance user experience and analyse usage patterns.
### 8.4 Privacy Policy
Our data practices are further detailed in our Privacy Policy, available at https://makeswms.com/privacy-policy, which is incorporated herein by reference.
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## 10. TERMINATION
### 9.1 Termination by You
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.
### 9.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of this Agreement. Upon termination, your license to use the Service ceases immediately.
### 9.3 Effect of Termination
Upon termination:
(a) Your access to the Service will cease;
(b) You may retain copies of documents generated during your active subscription;
(c) We may delete your account data after a reasonable retention period;
(d) Provisions of this Agreement that by their nature should survive termination shall survive.
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## 11. SERVICE AVAILABILITY AND INTERRUPTIONS
### 10.1 Service Availability
While we strive to maintain reliable service availability, you acknowledge that the Service may occasionally be unavailable or experience disruption due to:
(a) Scheduled maintenance, for which we will endeavour to provide advance notice when practicable;
(b) Unscheduled maintenance or emergency repairs;
(c) System or server failures, including hardware or software malfunctions;
(d) Internet service provider failures or delays;
(e) Denial of service attacks, cyberattacks, or other malicious activities; or
(f) Events beyond our reasonable control.
### 10.2 No Liability for Downtime
You agree that we shall not be liable for any damages, losses, or expenses arising from service unavailability or interruptions, regardless of cause, including any inability to access or generate documents when needed.
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## 12. DISCLAIMERS AND LIMITATION OF LIABILITY
### 11.1 AS-IS BASIS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
### 11.2 NO WARRANTY OF COMPLIANCE
WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:
(a) DOCUMENTS GENERATED THROUGH THE SERVICE WILL COMPLY WITH ANY LAW, REGULATION, CODE OF PRACTICE, OR STANDARD;
(b) DOCUMENTS GENERATED THROUGH THE SERVICE WILL BE ACCEPTED BY ANY REGULATORY AUTHORITY, PRINCIPAL CONTRACTOR, OR OTHER PARTY;
(c) USE OF THE SERVICE OR GENERATED DOCUMENTS WILL PREVENT WORKPLACE INCIDENTS, INJURIES, OR DEATHS;
(d) USE OF THE SERVICE OR GENERATED DOCUMENTS WILL PROTECT YOU FROM FINES, PENALTIES, OR LEGAL LIABILITY;
(e) THE HAZARDS, RISKS, OR CONTROL MEASURES IN OUR TEMPLATES ARE COMPLETE, ACCURATE, OR APPROPRIATE FOR ANY PARTICULAR SITUATION.
### 11.3 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS;
(b) WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM WORKPLACE INCIDENTS, INJURIES, OR DEATHS, REGARDLESS OF WHETHER DOCUMENTS GENERATED THROUGH THE SERVICE WERE USED;
(c) WE SHALL NOT BE LIABLE FOR ANY FINES, PENALTIES, PROSECUTIONS, OR LEGAL COSTS ARISING FROM REGULATORY NON-COMPLIANCE;
(d) WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM WORK STOPPAGES, PROJECT DELAYS, OR LOSS OF CONTRACTS;
(e) WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM RELIANCE ON DOCUMENT CONTENT, INCLUDING PRE-POPULATED HAZARDS, RISKS, OR CONTROL MEASURES;
(f) OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
### 11.4 ESSENTIAL PURPOSE
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.
### 11.5 AUSTRALIAN CONSUMER LAW
Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable consumer protection law that cannot be excluded, restricted, or modified by agreement. To the extent our liability cannot be excluded, our liability is limited to, at our option: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.
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## 13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SIA Valabijs (doing business as makeswms.com), its officers, directors, employees, agents, and affiliates from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:
(a) Your use of the Service;
(b) Documents generated through the Service;
(c) Any work activities conducted using documents generated through the Service;
(d) Any workplace incident, injury, or death occurring in connection with work for which documents were generated through the Service;
(e) Any regulatory investigation, prosecution, or penalty relating to your work activities or documents;
(f) Your violation of this Agreement;
(g) Your violation of any applicable law, regulation, code of practice, or standard;
(h) Any claim that your use of the Service infringed the rights of a third party;
(i) Any misrepresentation regarding the nature, source, or certification of documents generated through the Service.
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## 14. MODIFICATIONS TO TERMS
We reserve the right to modify this Agreement at any time. Material changes will be communicated via email notification and/or prominent display on the Site. Continued use of the Service following notice of changes constitutes acceptance of such changes. If you do not agree to modified terms, you must cease using the Service and cancel your subscription.
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## 15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved exclusively in the courts of Riga, Latvia.
Notwithstanding the foregoing, you acknowledge that your use of documents generated through the Service within Australia may subject you to Australian laws and regulations, including Work Health and Safety legislation, and you are solely responsible for compliance with such laws.
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## 16. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
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## 17. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy and any other referenced policies, constitutes the entire agreement between you and makeswms.com regarding the Service and supersedes all prior agreements, representations, and understandings.
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## 18. THIRD-PARTY SERVICES
The Service utilises third-party service providers for data storage, processing, payment processing, and delivery. While we select our service providers carefully, we are not responsible for their actions, performance, or failure to perform. You acknowledge that your data may be transferred to and processed by these third parties subject to their own terms and privacy policies.
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## 19. DATA PROTECTION AND GDPR COMPLIANCE
### 18.1 Data Controller
SIA Valabijs acts as the data controller for personal data processed through the Service, in accordance with the General Data Protection Regulation (GDPR).
### 18.2 Data Processing
We process personal data in accordance with applicable data protection laws, including the GDPR. Our data processing activities are detailed in our Privacy Policy.
### 18.3 Data Subject Rights
You have the right to access, rectify, erase, restrict processing, data portability, and object to processing of your personal data. Requests may be submitted to [email protected].
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## 20. DATA RETENTION AND DELETION
### 19.1 Active Accounts
We retain your data, including generated documents, for as long as your account is active or as needed to provide the Service.
### 19.2 Post-Termination
Following account termination, we may retain your data for a reasonable period to allow for reactivation or as required by law.
### 19.3 Deletion Requests
You may request deletion of your data by contacting [email protected]. We will process such requests in accordance with applicable law.
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## 21. BACKUPS AND DATA LOSS
### 20.1 Service Backups
We maintain reasonable backup procedures but do not guarantee data recovery in all circumstances.
### 20.2 User Responsibility
You are responsible for maintaining your own copies of generated documents and critical data. We recommend downloading and securely storing all documents you may need for compliance records.
### 20.3 No Liability
We shall not be liable for any loss of data, documents, or records resulting from system failures, corruption, or other causes.
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## 22. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
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## 23. NO PROFESSIONAL RELATIONSHIP
Nothing in this Agreement or your use of the Service creates any professional relationship between us, including but not limited to any relationship of safety consultant, legal advisor, or compliance auditor. We are a technology provider only.
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## 24. NOTICES
### 23.1 Notices to You
We may provide notices to you via email to the address associated with your account or by posting on the Site. Email notices are deemed received 24 hours after sending.
### 23.2 Notices to Us
Notices to us should be sent to [email protected] and are deemed received upon actual receipt.
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## 25. ASSIGNMENT
You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement without restriction.
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## 26. WAIVER
Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
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## 27. CONTACT INFORMATION
For questions regarding this Agreement, please contact:
**SIA Valabijs** (doing business as makeswms.com)
Reg. No. 40203667525
Email: [email protected]
Website: https://makeswms.com
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## ACKNOWLEDGEMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT:
1. THE SERVICE IS A DOCUMENT GENERATION TOOL ONLY;
2. WE DO NOT PROVIDE SAFETY CONSULTING, LEGAL ADVICE, OR COMPLIANCE CERTIFICATION;
3. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLIANCE OF ALL DOCUMENTS;
4. YOU ARE SOLELY RESPONSIBLE FOR ALL WORKPLACE SAFETY OUTCOMES;
5. DOCUMENTS SHOULD BE REVIEWED BY QUALIFIED PROFESSIONALS BEFORE USE;
6. WE ACCEPT NO LIABILITY FOR WORKPLACE INCIDENTS, REGULATORY NON-COMPLIANCE, OR ANY DAMAGES ARISING FROM USE OF GENERATED DOCUMENTS.