Disclaimer

Introduction

The Humungus Safety, also known as ctor-app, (the "App") is a mobile application developed by Humungus Corporation (the "Company") to assist construction teams in generating safety reports for construction sites. The App is intended as a supplementary tool and is not a substitute for professional judgment, legal compliance, or comprehensive safety measures. By accessing or using the App, you acknowledge and agree to the following terms:

1. Compliance with Applicable Laws

You are solely responsible for ensuring full compliance with all applicable federal, state, local, and industry-specific safety laws, regulations, and standards governing your construction sites. The App does not guarantee compliance with any legal or regulatory requirements, and its use does not relieve you of your independent obligations to meet such standards. The App is not a substitute for regular on-site safety inspections, professional safety assessments, or compliance with industry-specific safety standards. Users must continue to conduct all required safety checks and assessments as mandated by law and best practices.

2. Limitations of Artificial Intelligence

The App employs artificial intelligence to analyze data and produce safety reports. The Company does not guarantee the accuracy, reliability, or completeness of these AI-generated reports and expressly disclaims liability for any errors, omissions, or inaccuracies contained therein. AI technology has inherent limitations and may not account for all variables, nuances, or unforeseen circumstances present at a construction site. Users should not rely solely on AI-generated reports and must apply their own professional judgment and expertise.

3. Supplementary Use Only

The App is designed to complement, not replace, a robust safety program. It must be used in conjunction with proper training, supervision, equipment maintenance, and other established safety protocols. You agree not to rely exclusively on the App as the sole means of ensuring site safety.

4. User Responsibility for Input Data

You are responsible for the accuracy, completeness, and quality of all data you input into the App. The Company bears no liability for any consequences, including inaccurate reports or safety issues, arising from incorrect, incomplete, or misleading data provided by you.

5. Applicability to Specific Sites

The App may not be suitable for all construction sites, projects, or conditions. You must exercise your own professional judgment to determine whether the App's reports are applicable to your specific circumstances, and the Company is not responsible for any misapplication of the App's outputs.

6. Data Ownership, Access, and Privacy

Ownership

You retain ownership of all pictures, reports, and other data ("User Data") you upload or create in the App. By using the App, you grant the Company a non-exclusive, worldwide, royalty-free license to use, store, and process your User Data solely for the purpose of providing and improving the App's services.

Access

The Company will only access or use your User Data to operate the App, comply with legal obligations, or protect its rights. The Company will not share your User Data with third parties for marketing purposes, though it may use anonymized data for research or analytics.

Security and Retention

The Company employs industry-standard security measures to protect your User Data; however, no system is entirely secure, and the Company cannot guarantee absolute protection. Your data will be retained only as long as necessary to provide the App's services or as required by law. You may request deletion of your data at any time, subject to legal requirements.

Privacy Laws

The Company complies with applicable data protection laws. For further details, please refer to our Privacy Policy.

7. Downloadable Reports

If you choose to download a report generated by the App, you are solely responsible for its security, storage, and distribution once it leaves the App's environment. The Company is not liable for any unauthorized access, use, disclosure, or loss of the report after it has been downloaded. We strongly recommend taking appropriate measures to safeguard the report, especially if it contains sensitive or confidential information. Users are responsible for handling downloaded reports in compliance with all applicable data protection laws.

8. Security and Privacy Breaches

While the Company implements industry-standard security measures to protect your data, no method of transmission over the internet or electronic storage is completely secure. By using the App, you acknowledge the inherent risks, including the possibility of unauthorized access or security breaches, and agree that the Company is not liable for any damages resulting from such incidents, to the fullest extent permitted by law. You are responsible for taking your own precautions, such as using strong passwords and securing your device. In the event of a breach that may affect your data, the Company will notify you promptly as required by applicable laws and take reasonable steps to mitigate the issue.

9. No Warranties

The App is provided "as is" and "as available," without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee uninterrupted or error-free operation of the App.

10. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any damages arising from the use or inability to use the App, including but not limited to direct, indirect, incidental, consequential, or punitive damages, whether in contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your failure to comply with applicable laws, or your breach of this Disclaimer.

12. Modifications and Discontinuation

The Company reserves the right to modify, update, suspend, or discontinue the App, in whole or in part, at any time and without prior notice. The Company shall not be liable for any loss, damage, or inconvenience resulting from such actions.

13. Authority to Agree

By using the App, you represent and warrant that you are of legal age and possess the authority to bind yourself or your organization to the terms of this Disclaimer.

14. App Store Terms

Your use of the App is also subject to the terms and conditions of the app store or platform from which you downloaded the App. In the event of a conflict, this Disclaimer shall govern with respect to the Company's liability and obligations.

15. Unauthorized Use

You are responsible for preventing unauthorized access to or use of the App through your account or device. The Company is not liable for any damages, losses, or consequences arising from unauthorized use, including but not limited to misuse of safety reports or data breaches.

16. Account Security and Password Sharing

You must maintain the confidentiality of your account credentials, including passwords, and not share them with others. Any activity conducted through your account will be deemed your responsibility. The Company is not liable for any damages or losses resulting from your failure to secure your account or from sharing your credentials.

17. Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of the Company or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from the App or its content without prior written consent from the Company.

18. Prohibited Activities

You agree not to use the App for any unlawful purpose or in any way that could damage, disable, or impair the App or the Company's systems. Prohibited activities include, but are not limited to, attempting to hack, reverse-engineer, or interfere with the App, or using it to transmit harmful code or content.

19. Termination of Access

The Company reserves the right to suspend or terminate your access to the App at its sole discretion, without notice or liability, if you violate this Disclaimer or if the Company deems such action necessary to protect its interests or comply with applicable laws.

20. Governing Law and Disputes

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from your use of the App shall be resolved through binding arbitration in Las Vegas, Nevada, except where prohibited by law.

21. Force Majeure

The Company shall not be liable for any failure or delay in providing the App due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, power outages, or cyberattacks.

22. Multi-Party Responsibility

It is the user's responsibility to ensure that all relevant parties, including contractors, subcontractors, and workers, comply with all applicable safety laws, regulations, and standards. The reports generated by the App are intended as a supplementary tool and do not replace the need for professional safety assessments, on-site inspections, or compliance with industry-specific requirements. Users must exercise their judgment to determine the appropriateness of the app's reports for their specific site conditions.

Acceptance of Terms

By using the App, you confirm that you have read, understood, and agreed to be bound by all terms and conditions outlined in this Disclaimer.