Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between HardHat Pulse, Inc. ("HardHat Pulse," "Company," "we," "us," or "our"), a Texas corporation with its principal offices at 1200 Smith St, Houston, TX 77002, and you, the individual or entity accessing or using our Services ("Customer," "you," or "your").
By accessing hardhatpulse.com, installing HardHat Pulse software or hardware, or using any HardHat Pulse Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
If you do not agree to these Terms, you may not access or use HardHat Pulse Services. Use of the Services is conditioned on acceptance of these Terms in their entirety.
HardHat Pulse provides an AI-powered construction site safety monitoring platform consisting of: (a) edge computing hardware installed at customer construction sites; (b) BLE wearable sensor devices worn by construction workers; (c) computer vision software running on edge hardware to detect PPE non-compliance, zone boundary breaches, and other safety events; (d) a supervisor dashboard and mobile application for alert management and reporting; (e) cloud-based analytics, OSHA 300 log documentation tools, and multi-site management capabilities; and (f) integrations with third-party construction management platforms including Procore, Autodesk Construction Cloud, Trimble Connect, and others (collectively, the "Services" or "Platform").
HardHat Pulse reserves the right to modify, update, or discontinue the Services or any component thereof at any time, provided that we will provide at least 30 days' notice of material changes to existing customers with active subscriptions.
Account creation: To access the Platform, you must create an account by providing accurate and complete information including the name of the organization, an administrator contact name, a valid business email address, and a physical address for hardware delivery. You represent and warrant that the information you provide is accurate and that you will keep it current.
Administrator responsibility: The account administrator is responsible for managing user access, configuring the Platform for the customer's specific construction site environments, and ensuring that the Platform is used in compliance with these Terms and applicable law. The administrator is responsible for all actions taken by authorized users of the account.
Account security: You are responsible for maintaining the confidentiality of your account credentials. You must implement multi-factor authentication for administrator accounts. You agree to notify HardHat Pulse immediately at contact@hardhatpulse.com if you become aware of unauthorized access to your account. HardHat Pulse is not responsible for losses caused by unauthorized account access resulting from your failure to maintain credential security.
Acceptable use: Your account may be used only for your organization's legitimate construction site safety monitoring activities. You may not share account access with individuals outside your organization without written authorization from HardHat Pulse. You may not resell, sublicense, or transfer access to the Platform to third parties without a separate written reseller agreement.
Subscription plans: HardHat Pulse offers subscription plans with pricing based on site count, camera count, and wearable sensor count as described on hardhatpulse.com/price or in an order form. Current pricing is available at hardhatpulse.com/price and is subject to change with 60 days' notice to existing subscribers.
Billing cycle: Subscriptions are billed monthly or annually in advance, as selected during account setup. Annual subscriptions are billed as a single payment at the start of each subscription year. All prices are stated in US dollars (USD).
Payment methods: Payment is processed via credit card or ACH bank transfer through our payment processor. For enterprise agreements, payment by check or wire transfer is available under terms specified in the applicable order form.
Auto-renewal: Subscriptions renew automatically at the end of each billing period unless cancelled at least 15 days before renewal. You will receive renewal reminder notices at 30 days and 7 days before automatic renewal.
Hardware: Edge server hardware and wearable sensor devices are sold separately or included in bundled deployment packages as specified in the applicable order form. Hardware sales are final upon shipment. Hardware maintenance and replacement terms are described in the Hardware Support Addendum.
Taxes: Subscription fees do not include applicable sales, use, or similar taxes. You are responsible for all taxes applicable to your subscription based on your location and applicable tax law. HardHat Pulse will collect and remit taxes where required by law.
Late payment: Invoices not paid within 30 days of the due date are subject to a late fee of 1.5% per month on the outstanding balance. HardHat Pulse reserves the right to suspend access to the Services for accounts with overdue balances after 15 days' written notice.
Monthly subscriptions: Monthly subscription fees are non-refundable after the billing period begins. If you cancel a monthly subscription, your access continues through the end of the current billing period.
Annual subscriptions: If you cancel an annual subscription within the first 30 days of the subscription term, you are entitled to a prorated refund for the unused portion of the annual term. Cancellations after 30 days of an annual term are not eligible for refunds; access continues through the end of the annual period.
30-day pilot program: For customers who participate in our 30-day pilot program under the terms described at hardhatpulse.com or in a pilot program agreement, no subscription charges apply during the pilot period. If the PPE detection accuracy during the pilot does not meet the agreed-upon threshold, no subscription charges will apply unless you elect to continue service.
Hardware: Hardware purchases are non-refundable after shipment, except for defective units returned under the Hardware Support Addendum.
Site access: You are responsible for ensuring HardHat Pulse installation personnel have appropriate site access to install and maintain hardware. Delays in site access that affect installation timelines do not affect subscription billing dates.
Worker notification: You are solely responsible for providing appropriate notice to construction workers about the monitoring program, obtaining any required consents under applicable employment law, and complying with all labor relations and workforce monitoring laws and regulations applicable to your jurisdiction and industry. HardHat Pulse does not provide legal advice on workforce monitoring compliance.
Accurate site information: You are responsible for providing accurate information about site configurations, hazard zones, and operational conditions to HardHat Pulse during setup and throughout the deployment. Inaccurate configuration information that affects detection accuracy does not constitute a service defect.
Not the sole safety measure: The HardHat Pulse platform is a safety monitoring tool and does not replace your obligation to implement and maintain a comprehensive safety program as required by OSHA and applicable regulations. You acknowledge that the Platform has detection limitations as disclosed at hardhatpulse.com/news/construction-safety-ai-limits and in the product documentation.
HardHat Pulse IP: All software, algorithms, computer vision models, hardware designs, trademarks, trade names, and other intellectual property embodied in or associated with the Services are and remain the exclusive property of HardHat Pulse, Inc. or its licensors. These Terms do not transfer any ownership interest in HardHat Pulse intellectual property to you.
License grant: Subject to these Terms and payment of applicable fees, HardHat Pulse grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform software solely for your internal construction site safety monitoring purposes during the subscription term.
Customer data: You retain all ownership rights in data you provide to HardHat Pulse and in data generated by the Platform specifically about your construction sites and workers ("Customer Data"). You grant HardHat Pulse a license to access, process, store, and use Customer Data solely to provide and improve the Services during the subscription term.
Feedback: If you provide suggestions, feature requests, or other feedback about the Platform, you grant HardHat Pulse the right to use that feedback without restriction or compensation to you.
Restrictions: You may not reverse engineer, decompile, disassemble, or attempt to derive source code from any HardHat Pulse software. You may not modify, adapt, or create derivative works of the Platform. You may not use the Platform to develop a competing product or service.
Each party may disclose confidential information to the other in connection with these Terms. "Confidential Information" means any non-public information designated as confidential or that a reasonable party would understand to be confidential given the nature of the information. Each party agrees to protect the other's Confidential Information using at least the same degree of care used to protect its own confidential information (not less than reasonable care) and to use Confidential Information only for the purpose of performing obligations or exercising rights under these Terms.
THE HARDHAT PULSE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." HARDHAT PULSE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DETECTION RESULTS. HARDHAT PULSE DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF SECURITY VULNERABILITIES.
SPECIFICALLY, HARDHAT PULSE DOES NOT WARRANT THAT THE PLATFORM WILL DETECT ALL SAFETY HAZARDS, PPE NON-COMPLIANCE EVENTS, ZONE BOUNDARY VIOLATIONS, OR OTHER SAFETY CONDITIONS AT YOUR CONSTRUCTION SITE. DETECTION ACCURACY IS SUBJECT TO THE LIMITATIONS DESCRIBED IN THE PRODUCT DOCUMENTATION AND AT HARDHATPULSE.COM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARDHAT PULSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF HARDHAT PULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HARDHAT PULSE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO HARDHAT PULSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CUSTOMER ACKNOWLEDGES THAT HARDHAT PULSE IS NOT RESPONSIBLE FOR CONSTRUCTION SITE INCIDENTS, INJURIES, OR FATALITIES THAT OCCUR DESPITE THE DEPLOYMENT OF THE PLATFORM, INCLUDING INCIDENTS ATTRIBUTABLE TO DETECTION FAILURES, ALERT RESPONSE DELAYS, OR SYSTEM OUTAGES.
You agree to indemnify, defend, and hold harmless HardHat Pulse, its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) your failure to comply with applicable laws including workforce monitoring and labor relations laws; (c) your failure to provide required worker notification regarding site monitoring; (d) any claim by a construction worker relating to data collection or monitoring conducted through the Platform at your direction; or (e) your negligence or willful misconduct.
Access to the HardHat Pulse REST API is available under enterprise subscription plans. API users must comply with the API documentation and rate limits published at hardhatpulse.com. Automated requests that exceed published rate limits may be throttled or blocked. HardHat Pulse reserves the right to revoke API access for abuse or violations of these Terms. The API may not be used to extract data for resale, competitive intelligence, or purposes unrelated to your authorized safety monitoring use case.
Term: These Terms begin when you first access the Services and continue until your subscription is terminated.
Termination for convenience: Either party may terminate a subscription for any reason by providing at least 30 days' written notice before the next renewal date. Termination for convenience does not entitle you to a refund except as described in the Refund Policy above.
Termination for cause: HardHat Pulse may terminate your subscription immediately, without notice or refund, for material breach of these Terms, non-payment, fraudulent use, or use that poses a security risk to the Platform or other customers.
Effect of termination: Upon termination, your license to use the Platform terminates immediately. You must return or destroy hardware as specified in the termination process documentation. HardHat Pulse will delete Customer Data within 90 days of termination except data we are required to retain by law.
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Houston, Texas, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims involving intellectual property or confidentiality.
Class action proceedings and class-wide arbitration are waived. You may not bring claims against HardHat Pulse as a class representative or class member.
HardHat Pulse may modify these Terms from time to time. We will provide at least 30 days' written notice to active customers before material changes take effect. Continued use of the Services after the effective date of modified Terms constitutes acceptance of the new Terms. If you do not accept modified Terms, you may terminate your subscription before the effective date.
Entire agreement: These Terms, together with any applicable order forms, addenda, and the Privacy Policy and Cookie Policy incorporated by reference, constitute the entire agreement between you and HardHat Pulse regarding the Services and supersede all prior agreements, representations, and understandings.
Severability: If any provision of these Terms is found invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full force.
Waiver: Failure by HardHat Pulse to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
Assignment: You may not assign these Terms or your subscription without HardHat Pulse's prior written consent. HardHat Pulse may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
Force majeure: HardHat Pulse is not liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, telecommunications failures, or third-party infrastructure outages.
For questions about these Terms of Service, contact:
HardHat Pulse, Inc.
1200 Smith St
Houston, TX 77002
United States
Email: contact@hardhatpulse.com
Phone: +1 (713) 482-9376