Terms of Service

Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing, browsing, or using the HazardHawk platform (the “Service“), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms“) and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (the “Customer,“ “you,“ or “your“) and HazardHawk (“we,“ “us,“ or “our“).

2. Service Description

HazardHawk provides a cloud-based safety management platform designed for general contractors and their subcontractors. The Service includes:

• AI-powered photo analysis for hazard detection
• Digital safety documentation tools (Pre-Task Plans, Toolbox Talks, Incident Reports, Equipment Inspections, Job Hazard Analysis)
• Real-time compliance monitoring and reporting dashboards
• Data storage, archiving, and export capabilities
• Mobile applications for iOS and Android

3. Account Registration and Access

3.1 Account Creation: To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 User Management: You are responsible for all activity that occurs under your account, including actions taken by employees, contractors, and subcontractors you grant access to.

3.3 Account Security: You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription and Payment

4.1 Subscription Plans: HazardHawk offers subscription-based pricing plans as described on our website. Pricing is subject to change with 30 days’ notice to existing customers.

4.2 Payment Terms: Subscription fees are billed monthly or annually in advance. Payment is due upon invoice receipt. Late payments may result in service suspension.

4.3 Refunds: Subscription fees are non-refundable except as required by law or as expressly stated in your Master Subscription Agreement (for Enterprise customers).

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not:

• Use the Service to violate any local, state, national, or international law
• Attempt to gain unauthorized access to the Service or other users’ accounts
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit viruses, malware, or other harmful code
• Resell, redistribute, or sublicense the Service without written authorization
• Remove or alter any proprietary notices or labels on the Service

6. Data Ownership and License

6.1 Your Data: You retain all ownership rights to data you input, upload, or create using the Service (“Customer Data“). This includes photos, documents, reports, and safety records.

6.2 License to HazardHawk: You grant HazardHawk a limited, non-exclusive license to use, store, process, and display Customer Data solely to provide the Service and improve our AI models (in anonymized, aggregated form).

6.3 Our IP: HazardHawk retains all intellectual property rights in the Service, including software, algorithms, AI models, templates, and documentation.

7. Service Level Agreement (SLA)

7.1 Uptime Guarantee: We guarantee 99.9% uptime for the Service, measured monthly (excluding scheduled maintenance and force majeure events).

7.2 Scheduled Maintenance: We may perform scheduled maintenance with at least 24 hours’ notice. Scheduled maintenance does not count against the uptime SLA.

7.3 Service Credits: If we fail to meet the 99.9% uptime SLA in a given month, you may be eligible for service credits as outlined in your Master Subscription Agreement (Enterprise customers only).

8. Limitation of Liability

8.1 Tool, Not a Guarantee: HazardHawk is a safety management tool designed to assist with compliance documentation and hazard identification. It does not replace human judgment, site-specific safety programs, or OSHA compliance obligations.

8.2 Your Responsibility: You remain solely responsible for:

• Job site safety and OSHA compliance
• Verifying the accuracy of AI-generated analysis and recommendations
• Training workers on proper use of the Service
• Implementing corrective actions identified by the Service

8.3 Liability Cap: To the maximum extent permitted by law, HazardHawk’s total liability to you for any claims arising out of or related to the Service shall not exceed the total amount you paid to HazardHawk in the 12 months preceding the claim.

8.4 Consequential Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or business interruption, even if we were advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless HazardHawk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights
• Job site incidents, injuries, or OSHA violations

10. Termination

10.1 Termination by You: You may terminate your subscription at any time with 30 days’ written notice. Termination is effective at the end of the current billing period. No refunds will be issued for partial months.

10.2 Termination by Us: We may suspend or terminate your access to the Service immediately if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay fees when due (after 15 days’ notice)
• We are required to do so by law

10.3 Data Export: Upon termination, you have 30 days to export your Customer Data. After 30 days, we may permanently delete your data.

11. Dispute Resolution

11.1 Informal Resolution: Before initiating formal dispute resolution, you agree to contact us at legal@hazardhawk.co to attempt to resolve the dispute informally.

11.2 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

11.3 Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

11.4 Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email and by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Miscellaneous

13.1 Entire Agreement: These Terms, together with our Privacy Policy and any Master Subscription Agreement, constitute the entire agreement between you and HazardHawk.

13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Us

For questions about these Terms of Service, contact us at: