Site Safety AI — Terms of Service

1. Acceptance of These Terms

These Terms form a binding legal agreement between you and Site Safety AI. By downloading, installing, accessing, or using the Service in any way — including by using the App in guest mode without creating an account — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference.

You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. The Service is intended for use by professionals in the construction industry and is not directed to children. If you are using the Service on behalf of an employer, contractor, or other organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

If you do not agree to any part of these Terms, you must not access or use the Service.

2. Description of the Service

Site Safety AI is a native iOS application designed to help construction site safety officers, superintendents, contractors, and related professionals identify potential jobsite hazards using artificial intelligence. The Service is an assistive tool intended to support — not replace — qualified human safety judgment, on-site inspection, and professional compliance determinations (see Section 9).

The Service offers the following core functionality:

• Photo hazard analysis: You photograph a jobsite, and that photo is sent to Google's Gemini API for AI-based analysis that may identify potential hazards, suggest severity levels, and propose possible corrective actions.
• AI chat: You can exchange messages with an AI assistant and optionally upload documents (such as PDFs or images). Your messages and any uploaded documents are sent to Google's Gemini API. The chat also uses Google Search grounding (web search), and responses may include cited web sources.
• Local storage: Your scans, projects, and images are stored locally on your device. Your account information is handled through Firebase (a Google service). We do not operate any backend server of our own beyond Firebase, and we do not store your scans, projects, or images on our own servers.
• Accounts and guest mode: You may use the Service through a registered account or, where available, in a limited guest mode.
• Website: The Website provides information about the Service and includes a form to request sales information, volume pricing, or a demo. When you submit that form, the name, email address, and company you provide are emailed to the operator so we can respond to your request.

3. Accounts and Guest Mode

You may create an account using an email address and password through Firebase Authentication (a Google service). Account data is handled via Firebase. A limited guest mode may also be available, allowing you to use certain features without registering; some features and any synced or persistent benefits may not be available in guest mode.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information when registering and to keep that information up to date.

You must notify us promptly at jenyapelican@gmail.com if you suspect any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Subscriptions, Free Trials, and Billing (via Apple)

Certain features of the Service require a paid auto-renewing subscription. Subscriptions are sold and processed exclusively through Apple's App Store using Apple StoreKit. Apple handles all billing; we do not collect, see, or process your payment-card information.

We currently offer the following auto-renewing subscription plans. Each plan includes a 3-day free trial for new, eligible subscribers:

Auto-renewal and free-trial conversion: Payment is charged to your Apple Account at confirmation of purchase. If you start a free trial, your subscription automatically converts to a paid, auto-renewing subscription at the end of the 3-day trial period, and your Apple Account will be charged the applicable price, unless you cancel at least 24 hours before the trial ends. After any trial, each subscription automatically renews for the same period (weekly for the Weekly plan, monthly for the Monthly plan) at the then-current price, and your Apple Account is charged for renewal within 24 hours before the end of the current period, unless auto-renewal is turned off at least 24 hours before the end of the current period.

Managing and canceling: You can manage your subscription and turn off auto-renewal in your Apple Account settings (Settings > [your name] > Subscriptions) at any time. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then. Deleting the App does not cancel your subscription.

Refunds: Because billing is handled by Apple, refunds are governed by Apple's policies. We generally cannot issue refunds directly; you should direct refund requests to Apple. If you begin a paid subscription, any unused portion of a free trial is forfeited.

Price changes: Prices, plans, and features may change. Where required by Apple or applicable law, we (or Apple) will provide advance notice of price increases, and, where required, your consent will be obtained before the increase takes effect; otherwise a price change will not take effect until your next renewal period. If you do not agree to a price change, you may cancel before the change takes effect. Apple's applicable terms and conditions also govern all purchases made through the App Store.

• Weekly plan — Site Safety AI Weekly: $9.99 USD per week, with a 3-day free trial. After the trial, $9.99 USD is charged each week until canceled.
• Monthly plan — Site Safety AI Monthly: $29.99 USD per month, with a 3-day free trial. After the trial, $29.99 USD is charged each month until canceled.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all content you submit and all activity conducted through your account or device.

You agree that you will not:

• Use the Service in any way that violates any applicable federal, state, or local law or regulation.
• Upload, photograph, or transmit content that infringes the intellectual property, privacy, or other rights of any third party, or for which you do not have the necessary rights and permissions.
• Upload content that is unlawful, defamatory, harassing, or that contains malware or other harmful code.
• Attempt to reverse-engineer, decompile, disassemble, scrape, or otherwise derive the source code or underlying models of the Service, except to the extent such restriction is prohibited by law.
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, our accounts, Firebase, the Gemini API, or any connected third-party systems.
• Use the Service to develop a competing product, or resell, sublicense, or commercially exploit the Service except as expressly permitted.
• Misrepresent AI output as a certified, professional, or official safety inspection, or use the Service in any manner that endangers people on a jobsite.

6. Permissions (Camera and Photo Library)

To provide its core features, the App requests access to your device's camera (to photograph a jobsite) and photo library (to select existing images). You may grant or deny these permissions, and you can change them at any time in your device's Settings. If you deny camera or photo-library access, some features will not function.

Photos and documents you choose to capture or upload for analysis are transmitted to Google's Gemini API as described in Section 8 and in our Privacy Policy. Do not capture or upload images or documents you are not authorized to share, including content that contains sensitive personal information you do not have the right to disclose.

7. Intellectual Property

The Service, including the App, Website, software, design, text, graphics, logos, and all related intellectual property (excluding your User Content and third-party materials), is owned by Site Safety AI or its licensors and is protected by copyright, trademark, and other laws. "Site Safety AI" and associated names and logos are our trademarks and may not be used without our prior written permission.

Subject to your compliance with these Terms and the Apple-specific license terms in Section 14, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices you own or control, and to use the Service for your internal business or professional safety purposes. This license does not grant you any ownership rights in the Service.

We welcome feedback and suggestions. If you provide them, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

8. User Content and Photo License

"User Content" means the photos, images, documents, chat messages, and other materials you capture, upload, or submit through the Service. As between you and us, you retain all ownership rights in your User Content.

Your scans, projects, and images are stored locally on your device, not on our servers. To provide the AI features, the photo you capture (for hazard analysis) and your chat messages and any documents you upload (for the chat feature) are transmitted to Google's Gemini API for processing, and the chat feature may submit queries to Google Search for grounding. By using these features, you grant us a limited, non-exclusive, worldwide license to use, host, transmit, and process your User Content solely to operate and provide the Service to you — for example, sending your photo or documents to the Gemini API and returning the analysis to you. This license exists only to enable us to provide the Service and ends when your User Content is no longer needed for that purpose.

You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to submit it and that doing so does not violate any law or the rights of any person. Do not photograph or upload content you are not authorized to capture, including sensitive, confidential, or personally identifying information that you do not have the right to share. Your User Content is also subject to the terms and privacy practices of the third-party services that process it, including Google. We do not sell your personal information or User Content.

9. AI-Safety Disclaimer (Please Read Carefully)

THE AI HAZARD ANALYSIS AND CHAT FEATURES ARE AN ASSISTIVE TOOL ONLY. THEY ARE NOT A SUBSTITUTE FOR A QUALIFIED SAFETY PROFESSIONAL'S ON-SITE INSPECTION, PROFESSIONAL JUDGMENT, OR LEGAL, REGULATORY, OR OSHA-COMPLIANCE ADVICE. THE SERVICE DOES NOT PERFORM, CERTIFY, OR REPLACE ANY REQUIRED SAFETY INSPECTION.

Artificial intelligence has inherent limitations. The hazard analysis, severity ratings, suggested fixes, chat responses, and any cited web sources provided through the Service may be incomplete, inaccurate, outdated, or wrong. The AI may fail to detect real hazards, may identify hazards that do not exist, and may misjudge severity. A photograph or chat cannot capture all conditions present at a jobsite.

YOU — NOT SITE SAFETY AI AND NOT THE AI — ARE SOLELY RESPONSIBLE FOR ALL SAFETY DECISIONS, INSPECTIONS, AND COMPLIANCE DETERMINATIONS. You must independently verify any output through qualified personnel and an appropriate on-site inspection before relying on it. Always follow applicable OSHA standards, other laws and regulations, your employer's safety program, manufacturer instructions, and the judgment of competent and qualified persons.

Not for emergencies. The Service is not an emergency service and must not be relied upon in an emergency. If there is an imminent danger to life or health, stop work, take appropriate protective action, and contact emergency services (call 911 in the United States) and the appropriate authorities.

Nothing in the Service constitutes professional safety, engineering, legal, or compliance advice, and no professional relationship is created by your use of the Service. The Service does not certify compliance with OSHA or any other standard.

• Do not rely on AI output as your sole basis for any safety, compliance, or operational decision.
• Always confirm findings with a competent, qualified safety professional and a proper on-site inspection.
• AI output may miss hazards or produce errors — treat it as a prompt for human review, not a final answer.
• In an emergency or imminent-danger situation, do not use the App to decide what to do — call 911 and follow your site's emergency procedures.

10. Third-Party Services

The Service relies on and integrates with third-party services that are governed by their own terms and privacy policies, over which we have no control. These include, without limitation:

We are not responsible for the availability, accuracy, content, security, or practices of these third-party services, and your use of them is subject to their respective agreements. The Service may also reference or link to external web sources surfaced through Google Search grounding; we do not endorse and are not responsible for the content of those external sources.

• Apple, which provides the App Store and processes all subscription billing through StoreKit.
• Google, which provides Firebase Authentication for accounts, the Gemini API for AI photo and chat analysis, and Google Search grounding (web search) for the chat feature.
• Any websites or sources cited in chat responses through web search.

11. Disclaimer of Warranties ("AS IS")

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, that defects will be corrected, or that any AI output, hazard analysis, chat response, or cited source will be accurate, complete, reliable, or suitable for any particular purpose. You use the Service and rely on any output at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SITE SAFETY AI OR ITS OPERATOR, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY AI OUTPUT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES, INJURIES, DEATH, PROPERTY DAMAGE, REGULATORY PENALTIES, OR LOSSES RESULTING FROM HAZARDS THAT THE AI FAILED TO IDENTIFY, MISIDENTIFIED, OR MISCHARACTERIZED, OR FROM ANY SAFETY OR COMPLIANCE DECISION YOU MADE IN RELIANCE ON THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID FOR THE SERVICE (THROUGH APPLE) IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Site Safety AI and its operator, affiliates, officers, employees, agents, and suppliers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service or any AI output;
• Your User Content or your violation of any third-party rights;
• Any safety, inspection, or compliance decision you make in connection with the Service;
• Your violation of these Terms or of any applicable law or regulation, including OSHA standards.

14. Apple App Store — Additional Terms

The following terms apply because you obtain the App through the Apple App Store. You acknowledge and agree that:

• These Terms are between you and Site Safety AI only, and not with Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to furnish any maintenance or support services for the App. Site Safety AI, not Apple, is solely responsible for providing any maintenance and support, to the extent any is required under these Terms or applicable law.
• Apple's license to you to use the App is a non-transferable license to use the App on any Apple-branded device you own or control, as permitted by the App Store Usage Rules in Apple's Media Services Terms and Conditions.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are the sole responsibility of Site Safety AI.
• Site Safety AI, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, Site Safety AI, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Termination

You may stop using the Service at any time. You may cancel a subscription through your Apple App Store account as described in Section 4, and you may delete your account by contacting us at jenyapelican@gmail.com.

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including if you violate these Terms or if we discontinue the Service. We may do so with or without notice where permitted by law.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including intellectual property, the AI-Safety Disclaimer, disclaimers of warranties, limitation of liability, indemnification, and governing law — will survive. Termination does not entitle you to a refund except as required by Apple's policies or applicable law. Because scans, projects, and images are stored locally on your device, deleting the App may permanently delete that content; you are responsible for keeping any backups you need.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms in the App or on the Website and updating the effective date. Where required by law, we will provide additional notice.

Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

17. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of [State], United States, without regard to its conflict-of-laws principles. Subject to applicable law, you agree that any dispute will be resolved exclusively in the state or federal courts located in [State], and you consent to the personal jurisdiction of those courts.

Nothing in this Section limits any non-waivable consumer-protection rights you may have under the laws of your state of residence.

18. General Terms

These Terms, together with our Privacy Policy and any Apple terms that apply to your purchases, constitute the entire agreement between you and Site Safety AI regarding the Service and supersede any prior agreements on that subject.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.

19. Contact Us

If you have any questions about these Terms or the Service, please contact us at:

Site Safety AI — Email: jenyapelican@gmail.com — Website: https://www.sitesafetyai.com