Abstract Background





Disclaimer & Limitation of Liability Policy


Creator Capital Pty Ltd
Suite 302, 13/15 Wentworth Ave, Sydney NSW 2000
Email: admin@creatorcapitalmgmt.com
Last Updated: August 2025

 

Introduction

 

This Disclaimer & Limitation of Liability Policy (“Disclaimer”) applies to the use of Riskify (the “Platform”), an Australian AI-powered SWMS (Safe Work Method Statement) generator. The purpose of this document is to explain important disclaimers, warnings, and limitations of liability associated with our service. By using Riskify, you acknowledge and agree to the terms of this Disclaimer. This document should be read in conjunction with our Terms of Service and Privacy Policy for a comprehensive understanding of the conditions of use.

 

Riskify strives to provide a valuable tool to assist in creating safety documentation. However, it is crucial to understand that using our Platform does not guarantee safety outcomes or legal compliance. Workplace safety is a shared responsibility, and our AI-generated content is only as effective as the manner in which you use and apply it. Please read the following sections carefully.

 

General Information Only – Not Professional Advice

 

The content and documents produced by Riskify are provided for general informational purposes. No Legal or Expert Advice: Riskify is not a law firm, certified safety auditor, or professional engineering service. The SWMS templates and AI-generated suggestions available on our Platform do not constitute legal advice, occupational health and safety advice, or any other professional advice. We do not guarantee that the content is suitable or sufficient for your specific circumstances.

 

AI-Generated Content: The Safe Work Method Statements generated through Riskify are produced by artificial intelligence algorithms based on the information you provide and general safety practices. While we continually refine our AI and templates for accuracy, the technology may sometimes produce inaccurate, incomplete, or irrelevant information. There is also a possibility of AI “hallucinations” (i.e., the AI might introduce information that seems plausible but is not factually correct or not directly relevant to your input). You must not rely on the Platform as your sole source of safety planning. Always use your own expertise and judgment, and consult with qualified professionals when needed.

 

No Guarantee of Compliance: Australian Work Health and Safety laws (and related regulations or Codes of Practice) can be complex and may impose specific requirements depending on your industry and location. While a SWMS is a required document for certain high-risk construction work , simply having a SWMS (even a well-prepared one) does not guarantee you have fulfilled all your legal obligations. Riskify’s content is general in nature and may not capture every legal requirement or hazard relevant to your situation. It remains your responsibility to ensure compliance with all relevant laws, regulations, and standards. If you have any doubt about legal compliance, you should seek advice from a qualified safety consultant or legal professional.

 

User Responsibility and Acknowledgements

 

By using Riskify, you acknowledge and agree to the following:

  • You Must Review and Customize Outputs: Every SWMS generated by the Platform should be reviewed by you (the user) before being put into use. The AI provides a starting point or template, but you must edit and customize the SWMS to accurately reflect the specific worksite, conditions, equipment, and workforce involved. Work Health and Safety regulations explicitly require that SWMS be site-specific and address the actual hazards of the job . To ensure a SWMS complies with WHS legislation, it must be reviewed and account for the specific hazards and risks of the site where it will be used . It is your duty to verify that all significant risks are identified and controlled in the document.

  • No Fiduciary Relationship: Using Riskify does not create a client-consultant or employer-employee relationship between you and Riskify. We are a software provider, not your safety manager. The responsibility for workplace safety and compliance lies with you (and/or your employer, if you are acting on behalf of a company as the person conducting a business or undertaking, PCBU).

  • Training and Communication: Simply generating a SWMS is not enough. You are responsible for effectively communicating the content of the SWMS to all relevant workers and supervisors on site. It should be ensured that everyone understands the SWMS and follows it. You must also implement the safety controls in real life – the best-written SWMS has no value if the safety measures are not actually put into practice. Regular toolbox talks, site inductions, or training may be necessary to ensure compliance.

  • Monitoring and Updating: Work conditions can change, and new hazards can emerge. You are responsible for monitoring the work and ensuring that if it is not being conducted in accordance with the SWMS, work is stopped or made safe . You also need to review and update the SWMS as needed – for example, if there’s a change in scope, new high-risk activities, incidents, or if the current SWMS is found to be lacking. Riskify can help generate a new SWMS or edit an existing one, but it is up to you to trigger that update process.

  • Accuracy of Input: The quality and relevance of the output from Riskify largely depend on the information and prompts you input. If you provide incomplete or incorrect details, the resulting SWMS may be flawed. You acknowledge that garbage in = garbage out; therefore, you should provide clear, detailed, and accurate information about the job/task when using the Platform. If the output seems off, double-check what you entered and consider refining your input.

  • Regulatory Differences: Safety regulations and preferred controls can vary between Australian states/territories or industries. Riskify provides general content that tries to align with national guidelines (e.g., Safe Work Australia’s model Codes). However, local regulators (like WorkSafe NSW, WorkSafe Victoria, etc.) may have specific requirements or templates. You should ensure that the SWMS you produce meets any specific expectations in your jurisdiction or for your industry. We recommend cross-referencing the output with relevant Code of Practice examples or regulatory templates when in doubt.

  • Under Regulations 299–303 of the Model Work Health and Safety Regulations, a SWMS is mandatory for all high-risk construction work and must be reviewed, kept, and amended as required by law. Outputs from the Platform are provided solely as a drafting and administrative aid and do not replace the user’s legal obligation to prepare, implement, communicate, and maintain an accurate and compliant SWMS for their specific worksite and activities.

 

Disclaimer of Warranties

 

To the maximum extent permitted by law, Riskify disclaims all warranties, representations, and conditions, whether express, implied, or statutory, in relation to the Platform and the content generated. This includes, but is not limited to:

  • No Warranty of Accuracy or Completeness: We do not warrant that any SWMS or other information generated by the Platform is complete, accurate, or free from errors or omissions. There may be hazards or controls not identified by the AI. The AI might use generic language that requires tailoring. It is provided as a guide only, and you must use your own knowledge to fill any gaps.

  • No Warranty of Fitness for Purpose: We make no guarantee that the outputs of Riskify are fit for your particular purpose or will satisfy any regulatory or contractual requirement you have. For example, a client or principal contractor might have their own expectations for SWMS content – Riskify might not automatically meet all those specific needs. It is your responsibility to ensure the final document is fit for your intended purpose.

  • Service Availability and Bugs: While we aim for high reliability, we do not promise that the Platform will be available 100% of the time or that it will be free of technical issues. The Platform is provided on an “as is” and “as available” basis . Downtime, server issues, or software bugs may occur. We disclaim any warranty that the service will be uninterrupted or error-free. We will, of course, endeavor to fix issues that arise, but we cannot warrant a perfect experience at all times.

  • Security: We have security measures in place (as described in our Privacy Policy), but we cannot warrant that the Platform is completely secure or free from malware, data breaches, or unauthorized access. By using the Platform, you accept that any information you send to us or receive is at your own risk, and we are not liable for any loss or disclosure of data due to unauthorized access (unless caused by our negligence or willful misconduct).

  • Third-Party Content and Links: If our Platform displays or links to any content provided by third parties (for example, a blog feed with safety news, or a link to Safe Work Australia guidance), we do not endorse or guarantee the accuracy of that third-party information. Any external links are for convenience, and we are not responsible for the content or practices of those external sites. Use third-party information at your own discretion.

 

Consumer Guarantees: In Australia, you may have the benefit of certain guarantees under the Australian Consumer Law (ACL) which cannot lawfully be excluded. This Disclaimer is not intended to exclude any such guarantees or rights where they apply. For example, services are provided with due care and skill, etc. However, to the extent we are allowed to limit our liability for a breach of a consumer guarantee, we do so as set out below in the “Limitation of Liability” section.

 

Limitation of Liability

 

Using Riskify indicates your acknowledgment of the following limitations on our liability:

  • No Liability for Consequential Loss: To the extent legally permitted, Riskify will not be liable for any indirect or consequential losses suffered by you or others as a result of using or inability to use the Platform or its outputs . This includes (but is not limited to) liability for: loss of profit or revenue; loss of anticipated savings or business opportunities; loss of data or documents; downtime costs; damage to reputation or goodwill; or any other intangible losses. For example, if a mistake in a SWMS generated by our AI leads to a project delay or a fine from a regulator, or if an accident occurs, we will not be responsible for those costs or outcomes.

  • Cap on Direct Losses: To the extent that our liability is not otherwise excluded, and if we are found liable to you for any direct loss or damage arising from your use of Riskify, our aggregate liability shall be capped at the amount you paid to us for our services in the 3 months immediately preceding the event giving rise to the claim (or AUD $500, whichever is lower). This cap applies whether the claim is based on contract, tort (negligence), equity, or statute. We both agree this amount is reasonable given the nature of the service (a subscription software tool) and its pricing. If you use a free version of the service, our total liability will be capped at AUD $50 (being a nominal figure) since you haven’t paid us any fees for use.

  • Australian Consumer Law Remedies: If our service fails to meet a consumer guarantee under the ACL and that failure constitutes a major failure, you are entitled to the remedies provided under the law (e.g., cancellation and refund). We do not exclude those rights. However, where the failure is not a major failure, our liability may be limited (at our option) to re-supplying the service to you or paying for the cost of re-supply. For example, if the service was temporarily unavailable or a glitch prevented you from getting your document, our obligation might be limited to extending your subscription or ensuring you can get the document, rather than paying damages.

  • User’s Own Responsibility: Riskify is a tool – the outcomes depend largely on how you use it. By agreeing to this Disclaimer, you take full responsibility for the use of any documents or content generated through our Platform. You agree that Riskify cannot be held liable for any regulatory non-compliance, safety incident, injury, loss of life, property damage, or any other adverse outcome that might occur in connection with a SWMS or other document created using our Platform. You use the outputs at your own risk. The intent of our service is to assist and augment your safety planning, not to replace it.

  • Multiple Users and Third Parties: If you are using Riskify on behalf of an organization or providing the generated SWMS to third parties (e.g., as a subcontractor providing a SWMS to a principal contractor, or a consultant using Riskify to prepare documents for a client), those third parties are not our customers with respect to that content – you are. We owe no duty or liability to those third parties in relation to the content. If they have issues or claims due to the content (for example, a client relies on a SWMS you made with us and something goes wrong), you will be responsible for handling those issues, not Riskify. You agree to indemnify and hold us harmless from any claims by such third parties, as further described below.

 

Exceptions: The above limitations and exclusions of liability apply to the fullest extent permitted by law. However, nothing in this Disclaimer is intended to exclude or restrict any liability which cannot be excluded by law, including liability for death or personal injury caused by our proven negligence, or for fraud. Additionally, if any limitation or exclusion above is held to be invalid under applicable law, then to the extent permissible, similar exclusions or limits that are lawful will apply, and our liability will be limited to the maximum extent allowed by law.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Riskify Pty Ltd and its officers, directors, employees, and agents from any and all losses, damages, liabilities, claims, or expenses (including legal costs on a solicitor-client basis) that arise from: (a) your use of the Platform or any content generated by it; (b) your failure to comply with applicable laws or regulations (for example, if you violate a WHS regulation and a third party blames our SWMS, you will indemnify us against that claim); (c) any breach of our Terms of Service or this Disclaimer by you; or (d) any allegation that our generation of content based on your inputs infringed the rights of a third party (for instance, if you input someone’s copyrighted text or personal data and it leads to a claim). We reserve the right to take exclusive control of the defense in any such case, and you agree to cooperate with us in defending any claim. This indemnity continues even after you stop using the Platform.

 

Assumption of Risk

 

By using Riskify, you assume all risks associated with the use of the Platform and implementation of the generated content. This includes, without limitation, the risk that:

  • The SWMS may contain errors or omissions;

  • The SWMS may not be suitable for every hazard or work scenario and might need further customization;

  • Your interpretation of the SWMS or how you implement it could be flawed;

  • There could be miscommunications or lack of understanding among your workers regarding the SWMS;

  • There may be changes in regulations or practice that render some content outdated (Riskify will update its system periodically, but there may be a lag); and

  • Any action or inaction you take based on information on the Platform is at your own discretion.

 

You agree that you use Riskify of your own free will, appreciating these risks.

 

External Use Disclaimer

 

If you choose to share or distribute a SWMS or other document generated by Riskify to external parties (such as clients, contractors, or regulators), you are solely responsible for that content once it leaves our system. Make sure to review and remove any placeholder text, generic references, or proprietary notices that are not relevant before distribution. Riskify’s name or logo might appear on the document footer or metadata; this is primarily for reference, but if you prefer, you can remove those references (provided such removal does not mislead the recipient about the document’s origin or the need for further review). However, we kindly ask that if a disclaimer line noting the document was “prepared with the assistance of Riskify” is present, you leave it intact or replace it with equivalent language to convey that an automated tool was used, just to manage expectations.

 

Updates to this Disclaimer

 

Riskify may update this Disclaimer & Limitation of Liability Policy from time to time. Reasons for updates could include changes in law, changes in our service features, or to clarify our positions. The latest version will always be available on our website (usually under “Legal” or similar section). We will include a “Last updated” date at the top. If substantive changes are made that alter the scope of our disclaimers or liabilities, we will endeavor to notify active users (for example, via email or a notice on the dashboard). However, it is ultimately your responsibility to check this page periodically. By continuing to use the Platform after an updated Disclaimer is posted, you accept the changes. If you do not agree with any part of this Disclaimer (or any update to it), you must stop using the Platform immediately.

 

Contact and Questions

 

If you have any questions or concerns about this Disclaimer & Limitation of Liability Policy, or if you need to discuss a particular use case or issue, please contact us:

 

Email: support@riskify.com.au

Address: [Riskify Pty Ltd, Address in Australia]

 

We appreciate feedback and are happy to clarify how you can best use Riskify within the bounds of these disclaimers. Remember, our goal is to support safer workplaces, and understanding these limitations helps ensure that everyone uses the tool appropriately and effectively.

 






Disclaimer & Limitation of Liability Policy


Creator Capital Pty Ltd
Suite 302, 13/15 Wentworth Ave, Sydney NSW 2000
Email: admin@creatorcapitalmgmt.com
Last Updated: August 2025

 

Introduction

 

This Disclaimer & Limitation of Liability Policy (“Disclaimer”) applies to the use of Riskify (the “Platform”), an Australian AI-powered SWMS (Safe Work Method Statement) generator. The purpose of this document is to explain important disclaimers, warnings, and limitations of liability associated with our service. By using Riskify, you acknowledge and agree to the terms of this Disclaimer. This document should be read in conjunction with our Terms of Service and Privacy Policy for a comprehensive understanding of the conditions of use.

 

Riskify strives to provide a valuable tool to assist in creating safety documentation. However, it is crucial to understand that using our Platform does not guarantee safety outcomes or legal compliance. Workplace safety is a shared responsibility, and our AI-generated content is only as effective as the manner in which you use and apply it. Please read the following sections carefully.

 

General Information Only – Not Professional Advice

 

The content and documents produced by Riskify are provided for general informational purposes. No Legal or Expert Advice: Riskify is not a law firm, certified safety auditor, or professional engineering service. The SWMS templates and AI-generated suggestions available on our Platform do not constitute legal advice, occupational health and safety advice, or any other professional advice. We do not guarantee that the content is suitable or sufficient for your specific circumstances.

 

AI-Generated Content: The Safe Work Method Statements generated through Riskify are produced by artificial intelligence algorithms based on the information you provide and general safety practices. While we continually refine our AI and templates for accuracy, the technology may sometimes produce inaccurate, incomplete, or irrelevant information. There is also a possibility of AI “hallucinations” (i.e., the AI might introduce information that seems plausible but is not factually correct or not directly relevant to your input). You must not rely on the Platform as your sole source of safety planning. Always use your own expertise and judgment, and consult with qualified professionals when needed.

 

No Guarantee of Compliance: Australian Work Health and Safety laws (and related regulations or Codes of Practice) can be complex and may impose specific requirements depending on your industry and location. While a SWMS is a required document for certain high-risk construction work , simply having a SWMS (even a well-prepared one) does not guarantee you have fulfilled all your legal obligations. Riskify’s content is general in nature and may not capture every legal requirement or hazard relevant to your situation. It remains your responsibility to ensure compliance with all relevant laws, regulations, and standards. If you have any doubt about legal compliance, you should seek advice from a qualified safety consultant or legal professional.

 

User Responsibility and Acknowledgements

 

By using Riskify, you acknowledge and agree to the following:

  • You Must Review and Customize Outputs: Every SWMS generated by the Platform should be reviewed by you (the user) before being put into use. The AI provides a starting point or template, but you must edit and customize the SWMS to accurately reflect the specific worksite, conditions, equipment, and workforce involved. Work Health and Safety regulations explicitly require that SWMS be site-specific and address the actual hazards of the job . To ensure a SWMS complies with WHS legislation, it must be reviewed and account for the specific hazards and risks of the site where it will be used . It is your duty to verify that all significant risks are identified and controlled in the document.

  • No Fiduciary Relationship: Using Riskify does not create a client-consultant or employer-employee relationship between you and Riskify. We are a software provider, not your safety manager. The responsibility for workplace safety and compliance lies with you (and/or your employer, if you are acting on behalf of a company as the person conducting a business or undertaking, PCBU).

  • Training and Communication: Simply generating a SWMS is not enough. You are responsible for effectively communicating the content of the SWMS to all relevant workers and supervisors on site. It should be ensured that everyone understands the SWMS and follows it. You must also implement the safety controls in real life – the best-written SWMS has no value if the safety measures are not actually put into practice. Regular toolbox talks, site inductions, or training may be necessary to ensure compliance.

  • Monitoring and Updating: Work conditions can change, and new hazards can emerge. You are responsible for monitoring the work and ensuring that if it is not being conducted in accordance with the SWMS, work is stopped or made safe . You also need to review and update the SWMS as needed – for example, if there’s a change in scope, new high-risk activities, incidents, or if the current SWMS is found to be lacking. Riskify can help generate a new SWMS or edit an existing one, but it is up to you to trigger that update process.

  • Accuracy of Input: The quality and relevance of the output from Riskify largely depend on the information and prompts you input. If you provide incomplete or incorrect details, the resulting SWMS may be flawed. You acknowledge that garbage in = garbage out; therefore, you should provide clear, detailed, and accurate information about the job/task when using the Platform. If the output seems off, double-check what you entered and consider refining your input.

  • Regulatory Differences: Safety regulations and preferred controls can vary between Australian states/territories or industries. Riskify provides general content that tries to align with national guidelines (e.g., Safe Work Australia’s model Codes). However, local regulators (like WorkSafe NSW, WorkSafe Victoria, etc.) may have specific requirements or templates. You should ensure that the SWMS you produce meets any specific expectations in your jurisdiction or for your industry. We recommend cross-referencing the output with relevant Code of Practice examples or regulatory templates when in doubt.

  • Under Regulations 299–303 of the Model Work Health and Safety Regulations, a SWMS is mandatory for all high-risk construction work and must be reviewed, kept, and amended as required by law. Outputs from the Platform are provided solely as a drafting and administrative aid and do not replace the user’s legal obligation to prepare, implement, communicate, and maintain an accurate and compliant SWMS for their specific worksite and activities.

 

Disclaimer of Warranties

 

To the maximum extent permitted by law, Riskify disclaims all warranties, representations, and conditions, whether express, implied, or statutory, in relation to the Platform and the content generated. This includes, but is not limited to:

  • No Warranty of Accuracy or Completeness: We do not warrant that any SWMS or other information generated by the Platform is complete, accurate, or free from errors or omissions. There may be hazards or controls not identified by the AI. The AI might use generic language that requires tailoring. It is provided as a guide only, and you must use your own knowledge to fill any gaps.

  • No Warranty of Fitness for Purpose: We make no guarantee that the outputs of Riskify are fit for your particular purpose or will satisfy any regulatory or contractual requirement you have. For example, a client or principal contractor might have their own expectations for SWMS content – Riskify might not automatically meet all those specific needs. It is your responsibility to ensure the final document is fit for your intended purpose.

  • Service Availability and Bugs: While we aim for high reliability, we do not promise that the Platform will be available 100% of the time or that it will be free of technical issues. The Platform is provided on an “as is” and “as available” basis . Downtime, server issues, or software bugs may occur. We disclaim any warranty that the service will be uninterrupted or error-free. We will, of course, endeavor to fix issues that arise, but we cannot warrant a perfect experience at all times.

  • Security: We have security measures in place (as described in our Privacy Policy), but we cannot warrant that the Platform is completely secure or free from malware, data breaches, or unauthorized access. By using the Platform, you accept that any information you send to us or receive is at your own risk, and we are not liable for any loss or disclosure of data due to unauthorized access (unless caused by our negligence or willful misconduct).

  • Third-Party Content and Links: If our Platform displays or links to any content provided by third parties (for example, a blog feed with safety news, or a link to Safe Work Australia guidance), we do not endorse or guarantee the accuracy of that third-party information. Any external links are for convenience, and we are not responsible for the content or practices of those external sites. Use third-party information at your own discretion.

 

Consumer Guarantees: In Australia, you may have the benefit of certain guarantees under the Australian Consumer Law (ACL) which cannot lawfully be excluded. This Disclaimer is not intended to exclude any such guarantees or rights where they apply. For example, services are provided with due care and skill, etc. However, to the extent we are allowed to limit our liability for a breach of a consumer guarantee, we do so as set out below in the “Limitation of Liability” section.

 

Limitation of Liability

 

Using Riskify indicates your acknowledgment of the following limitations on our liability:

  • No Liability for Consequential Loss: To the extent legally permitted, Riskify will not be liable for any indirect or consequential losses suffered by you or others as a result of using or inability to use the Platform or its outputs . This includes (but is not limited to) liability for: loss of profit or revenue; loss of anticipated savings or business opportunities; loss of data or documents; downtime costs; damage to reputation or goodwill; or any other intangible losses. For example, if a mistake in a SWMS generated by our AI leads to a project delay or a fine from a regulator, or if an accident occurs, we will not be responsible for those costs or outcomes.

  • Cap on Direct Losses: To the extent that our liability is not otherwise excluded, and if we are found liable to you for any direct loss or damage arising from your use of Riskify, our aggregate liability shall be capped at the amount you paid to us for our services in the 3 months immediately preceding the event giving rise to the claim (or AUD $500, whichever is lower). This cap applies whether the claim is based on contract, tort (negligence), equity, or statute. We both agree this amount is reasonable given the nature of the service (a subscription software tool) and its pricing. If you use a free version of the service, our total liability will be capped at AUD $50 (being a nominal figure) since you haven’t paid us any fees for use.

  • Australian Consumer Law Remedies: If our service fails to meet a consumer guarantee under the ACL and that failure constitutes a major failure, you are entitled to the remedies provided under the law (e.g., cancellation and refund). We do not exclude those rights. However, where the failure is not a major failure, our liability may be limited (at our option) to re-supplying the service to you or paying for the cost of re-supply. For example, if the service was temporarily unavailable or a glitch prevented you from getting your document, our obligation might be limited to extending your subscription or ensuring you can get the document, rather than paying damages.

  • User’s Own Responsibility: Riskify is a tool – the outcomes depend largely on how you use it. By agreeing to this Disclaimer, you take full responsibility for the use of any documents or content generated through our Platform. You agree that Riskify cannot be held liable for any regulatory non-compliance, safety incident, injury, loss of life, property damage, or any other adverse outcome that might occur in connection with a SWMS or other document created using our Platform. You use the outputs at your own risk. The intent of our service is to assist and augment your safety planning, not to replace it.

  • Multiple Users and Third Parties: If you are using Riskify on behalf of an organization or providing the generated SWMS to third parties (e.g., as a subcontractor providing a SWMS to a principal contractor, or a consultant using Riskify to prepare documents for a client), those third parties are not our customers with respect to that content – you are. We owe no duty or liability to those third parties in relation to the content. If they have issues or claims due to the content (for example, a client relies on a SWMS you made with us and something goes wrong), you will be responsible for handling those issues, not Riskify. You agree to indemnify and hold us harmless from any claims by such third parties, as further described below.

 

Exceptions: The above limitations and exclusions of liability apply to the fullest extent permitted by law. However, nothing in this Disclaimer is intended to exclude or restrict any liability which cannot be excluded by law, including liability for death or personal injury caused by our proven negligence, or for fraud. Additionally, if any limitation or exclusion above is held to be invalid under applicable law, then to the extent permissible, similar exclusions or limits that are lawful will apply, and our liability will be limited to the maximum extent allowed by law.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Riskify Pty Ltd and its officers, directors, employees, and agents from any and all losses, damages, liabilities, claims, or expenses (including legal costs on a solicitor-client basis) that arise from: (a) your use of the Platform or any content generated by it; (b) your failure to comply with applicable laws or regulations (for example, if you violate a WHS regulation and a third party blames our SWMS, you will indemnify us against that claim); (c) any breach of our Terms of Service or this Disclaimer by you; or (d) any allegation that our generation of content based on your inputs infringed the rights of a third party (for instance, if you input someone’s copyrighted text or personal data and it leads to a claim). We reserve the right to take exclusive control of the defense in any such case, and you agree to cooperate with us in defending any claim. This indemnity continues even after you stop using the Platform.

 

Assumption of Risk

 

By using Riskify, you assume all risks associated with the use of the Platform and implementation of the generated content. This includes, without limitation, the risk that:

  • The SWMS may contain errors or omissions;

  • The SWMS may not be suitable for every hazard or work scenario and might need further customization;

  • Your interpretation of the SWMS or how you implement it could be flawed;

  • There could be miscommunications or lack of understanding among your workers regarding the SWMS;

  • There may be changes in regulations or practice that render some content outdated (Riskify will update its system periodically, but there may be a lag); and

  • Any action or inaction you take based on information on the Platform is at your own discretion.

 

You agree that you use Riskify of your own free will, appreciating these risks.

 

External Use Disclaimer

 

If you choose to share or distribute a SWMS or other document generated by Riskify to external parties (such as clients, contractors, or regulators), you are solely responsible for that content once it leaves our system. Make sure to review and remove any placeholder text, generic references, or proprietary notices that are not relevant before distribution. Riskify’s name or logo might appear on the document footer or metadata; this is primarily for reference, but if you prefer, you can remove those references (provided such removal does not mislead the recipient about the document’s origin or the need for further review). However, we kindly ask that if a disclaimer line noting the document was “prepared with the assistance of Riskify” is present, you leave it intact or replace it with equivalent language to convey that an automated tool was used, just to manage expectations.

 

Updates to this Disclaimer

 

Riskify may update this Disclaimer & Limitation of Liability Policy from time to time. Reasons for updates could include changes in law, changes in our service features, or to clarify our positions. The latest version will always be available on our website (usually under “Legal” or similar section). We will include a “Last updated” date at the top. If substantive changes are made that alter the scope of our disclaimers or liabilities, we will endeavor to notify active users (for example, via email or a notice on the dashboard). However, it is ultimately your responsibility to check this page periodically. By continuing to use the Platform after an updated Disclaimer is posted, you accept the changes. If you do not agree with any part of this Disclaimer (or any update to it), you must stop using the Platform immediately.

 

Contact and Questions

 

If you have any questions or concerns about this Disclaimer & Limitation of Liability Policy, or if you need to discuss a particular use case or issue, please contact us:

 

Email: support@riskify.com.au

Address: [Riskify Pty Ltd, Address in Australia]

 

We appreciate feedback and are happy to clarify how you can best use Riskify within the bounds of these disclaimers. Remember, our goal is to support safer workplaces, and understanding these limitations helps ensure that everyone uses the tool appropriately and effectively.