Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and hyperprotrixum Ltd ("hyperprotrixum," "we," "our," or "us") regarding your use of our construction site safety analytics services, software platform, and related services (collectively, the "Services").

By accessing, using, or purchasing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

These Terms apply to all users of our Services, including but not limited to construction companies, site managers, safety officers, and authorised personnel accessing our safety analytics platform.

Company Information

hyperprotrixum Ltd is a company incorporated in Ireland with registration number CRO745896. Our registered office is located at 8 Talbot Street, Cork, T35 4495, Ireland. We specialise in providing advanced construction site safety performance analytics systems and related services.

Service Description

hyperprotrixum provides construction site safety analytics services, including but not limited to:

• Real-time safety monitoring and incident detection systems
• Predictive analytics for risk assessment and prevention
• Regulatory compliance tracking and reporting
• Safety performance dashboards and analytics
• Training management and certification tracking
• Technical support and consultation services

The specific Services provided to you will be detailed in your service agreement or purchase order. We reserve the right to modify, update, or discontinue any aspect of our Services with reasonable notice to clients.

User Obligations

As a user of hyperprotrixum Services, you agree to:

Authorised Use

• Use the Services only for lawful purposes and in accordance with these Terms
• Ensure that all personnel accessing the Services are properly authorised
• Maintain the confidentiality of login credentials and account information
• Notify us immediately of any unauthorised access or security breaches

Data Accuracy

• Provide accurate and complete information when using our Services
• Ensure that safety data and reports are used appropriately for their intended purpose
• Comply with all applicable safety regulations and industry standards
• Maintain proper backup and security of your own data and systems

Prohibited Activities

You must not:

• Attempt to gain unauthorised access to our systems or other users' data
• Use the Services to transmit harmful, illegal, or inappropriate content
• Reverse engineer, decompile, or attempt to extract source code from our software
• Interfere with the proper functioning of our Services
• Use the Services in any way that could damage our reputation or business

Intellectual Property

All intellectual property rights in the hyperprotrixum Services, including but not limited to software, algorithms, databases, documentation, trademarks, and proprietary methodologies, are owned by hyperprotrixum or our licensors.

Licence Grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to access and use our Services during the term of your agreement. This licence does not grant you any ownership rights in our intellectual property.

Client Data

You retain ownership of all data, content, and information that you provide to or generate through our Services ("Client Data"). You grant us a limited licence to use Client Data solely for the purpose of providing Services to you and improving our platform, subject to our Privacy Policy.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide regarding our Services may be used by hyperprotrixum without restriction or compensation to you.

Payment Terms

Payment terms for our Services will be specified in your service agreement or invoice. Generally:

• Fees are due within 30 days of invoice date unless otherwise agreed
• Late payments may incur additional charges as permitted by law
• We reserve the right to suspend Services for overdue accounts
• All fees are exclusive of applicable taxes, which are your responsibility

Data Protection and Privacy

We are committed to protecting your personal data and privacy. Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms part of these Terms. By using our Services, you consent to our data practices as described in the Privacy Policy.

Service Availability

While we strive to provide reliable and continuous access to our Services, we cannot guarantee uninterrupted availability. We may perform maintenance, updates, or modifications that temporarily affect service availability. We will provide reasonable notice of planned maintenance when possible.

Limitation of Liability

To the maximum extent permitted by law:

Service Limitations

Our Services are provided "as is" and "as available." We make no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Liability Cap

Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the amount paid by you to hyperprotrixum in the 12 months preceding the claim.

Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of whether we were advised of the possibility of such damages.

Safety Responsibility

While our Services are designed to enhance construction site safety, you remain solely responsible for implementing and maintaining appropriate safety measures, compliance with regulations, and protecting the welfare of personnel on your construction sites.

Indemnification

You agree to indemnify and hold harmless hyperprotrixum, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services in violation of these Terms
• Your violation of applicable laws or regulations
• Any safety incidents or accidents on your construction sites
• Infringement of third-party rights by your use of the Services

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

EU Consumer Rights

If you are a consumer located in the European Union, nothing in these Terms affects your statutory rights under applicable EU consumer protection laws.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Termination

Either party may terminate the service agreement with appropriate notice as specified in your contract. We may also terminate or suspend your access to Services immediately if:

• You breach these Terms or your service agreement
• Your account becomes overdue for payment
• We reasonably believe termination is necessary to protect our interests or other users
• Required by law or regulatory authority

Effect of Termination

Upon termination:

• Your right to access and use the Services will cease immediately
• You remain liable for all fees incurred prior to termination
• We will provide reasonable assistance in data export, subject to our data retention policies
• Provisions that by their nature should survive termination will continue in effect

Modifications to Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by email or through our platform. Your continued use of the Services after such notification constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with your service agreement, Privacy Policy, and any other referenced policies, constitute the entire agreement between you and hyperprotrixum regarding the Services and supersede all prior agreements and understandings.

Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please reach out to: