Terms of Service

These Terms of Service ("Terms") govern your use of Pretakt, the hazard analysis, Job Hazard Analysis (JHA), permit, and incident-reporting tools it provides, and any related services we make available under the Pretakt brand (collectively, the "Service"). By creating an account, clicking an "I accept" button, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, do not use the Service. We may update these Terms from time to time; the version in force at the moment you accept it controls your relationship with us for that accepted version, and the current on-screen version controls your use of the Service thereafter.

The Service produces hazard analyses, JHAs, permits, briefings, and related documents (each an "Output") from the inputs you provide — job-site photos, short descriptions, equipment identifiers, and similar context. Every Output is a DECISION-SUPPORT TOOL only. Pretakt does not replace, and is not a substitute for, the judgment of a qualified safety professional, a Certified Safety Professional (CSP), an industrial hygienist, a licensed engineer, a competent person under 29 CFR 1926.32, or any other person qualified by training, certification, or experience to evaluate hazards at your specific site. Pretakt does not survey your facility, witness your work, observe changing conditions in the field, or assess the actual fitness of your equipment, crew, environment, or procedures. You remain responsible for verifying that every Output is appropriate, accurate, and complete for the actual job you are about to run — Pretakt outputs are a starting point, not a sign-off.

Pretakt does not assume — and you do not transfer to Pretakt — responsibility for any safety decision, action, or outcome at your facility or job site. Final responsibility for hazard assessment, PPE selection, permit issuance and closure, crew briefing, work supervision, regulatory compliance (including OSHA and applicable state-plan requirements), and for any injury, illness, property damage, regulatory finding, or civil or criminal liability arising from work performed at your facility rests with YOU, your supervisor, and your employer or principal. Pretakt provides tools to help you do your job; Pretakt does not do your job for you, and Pretakt is not liable for any decision you make or fail to make based on an Output.

You are responsible for the accuracy of the information you provide when creating an account, for keeping your credentials secure, and for every action taken under your account. Notify us promptly at the contact address below if you suspect unauthorized access. You may stop using the Service at any time and request account deletion by contacting us. We may suspend or terminate access for material breach of these Terms, for non-payment of fees, or for misuse that creates security or legal risk. Upon termination, your right to use the Service ends, but sections of these Terms that by their nature should survive (including sections on limitation of liability, indemnification, and dispute resolution) survive termination.

Nothing in the Service, in any Output, in any documentation, on our marketing site, or in communications with our team constitutes legal advice, regulatory advice, engineering advice, or the practice of any licensed profession. Pretakt is not your attorney, your safety consultant, your OSHA compliance partner, or your insurer. If you need guidance specific to your situation, engage a qualified professional licensed in your jurisdiction. Use of the Service does not create an attorney–client, consultant–client, or fiduciary relationship between you and Pretakt.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND FREEDOM FROM ERRORS OR DEFECTS. WE DO NOT WARRANT THAT ANY OUTPUT WILL BE FREE FROM ERRORS, CURRENT WITH EVERY APPLICABLE STANDARD OR REGULATION, APPROPRIATE FOR ANY SPECIFIC JOB, OR ACCEPTABLE TO ANY AUDITOR, REGULATOR, INSURER, OR COURT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND APPROPRIATENESS OF ANY OUTPUT — AND AS TO ANY DECISION YOU MAKE USING AN OUTPUT — RESTS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRETAKT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO YOUR USE OF — OR INABILITY TO USE — THE SERVICE OR ANY OUTPUT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND EVEN IF PRETAKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF PRETAKT FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT, IN THE AGGREGATE, EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS THE LIMITATIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Pretakt and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, fines, penalties, settlements, and reasonable attorneys' fees arising out of or related to (a) your use of the Service or any Output, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) any actual or alleged injury, illness, property damage, regulatory finding, or liability arising from work performed by you, your employees, your contractors, or your agents.

[PLACEHOLDER — to be specified by counsel.] These Terms are governed by the laws of [Jurisdiction to be inserted], without regard to conflict-of-laws principles. Any dispute arising out of or related to the Service or these Terms will be resolved exclusively in the state and federal courts located in [Venue to be inserted], and you consent to the personal jurisdiction of those courts. If you are a consumer in a jurisdiction that does not permit this choice of law or forum, the mandatory consumer-protection laws of your jurisdiction apply.

We may update these Terms from time to time. When we do, we will update the version string on this page and ask you to accept the updated Terms the next time you use a gated tool. The version of the Terms you previously accepted remains on record. If you do not accept the updated Terms, your use of the gated tools is paused until you do. Material changes will be highlighted at the top of this page for at least thirty (30) days after the change takes effect.

Questions about these Terms or the Service: contact us at pretakt@polsia.app. For privacy-related questions, see also the privacy notice linked in the site footer.