Terms of Service

EM385Safety.com provides AI-assisted review of crane lift plan documents against published federal safety standards including OSHA 29 CFR 1926 Subpart CC and EM385-1-1 Section 16 (“Compliance Review”).

THE SERVICE IS AN INFORMATIONAL TOOL ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, ENGINEERING ADVICE, SAFETY CERTIFICATION, OR REGULATORY APPROVAL OF ANY KIND.

Output generated by the Service must be reviewed by a qualified, licensed safety professional, Certified Lift Director, or Professional Engineer before being relied upon for any operational, regulatory, or legal purpose.

Crane lift plan compliance is governed by federal, state, and local regulations that change over time. The Service’s AI analysis reflects the standards as understood at the time of training and may not reflect the most current regulatory requirements.

A “PASS” or “APPROVED” result from this Service does not guarantee:

• Regulatory compliance with any federal, state, or local agency
• Acceptance by any OSHA inspector, USACE contracting officer, or safety authority
• The safety of any lift operation
• Absence of deficiencies not covered by the Service’s checklist

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: PERSONAL INJURY, PROPERTY DAMAGE, REGULATORY FINES, CONTRACT PENALTIES, LOST PROFITS, OR LOSS OF DATA ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE.

THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

By using the Service, you represent and warrant that:

• You have the authority to upload and share any documents submitted to the Service
• You will not upload documents containing classified, export-controlled (ITAR/EAR), or personally identifiable information beyond what is necessary for compliance review
• You will not use the Service to circumvent regulatory review requirements
• You will have all AI-generated reports reviewed by a qualified professional before operational use
• You are solely responsible for all decisions made based on Service output

All software, design, prompts, workflows, and scoring methodology underlying the Service are the exclusive intellectual property of Axes and Eggs LLC and are protected by United States and international copyright, trade secret, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes only. You may not:

• Reverse engineer, decompile, or attempt to extract the Service’s underlying AI prompts or scoring logic
• Resell, sublicense, or white-label the Service without written agreement
• Use Service output to train competing AI models
• Reproduce or redistribute compliance reports for commercial purposes without attribution

All payments are processed securely through Stripe. Plan purchases are non-refundable once a compliance review has been initiated. If a technical failure prevents delivery of a report, we will either reprocess your plan at no charge or issue a credit at our sole discretion.

Bundle plans (10-plan, 20-plan) expire 12 months from purchase date. Unused reviews do not roll over.

Documents uploaded to the Service are processed by our AI infrastructure and are not stored beyond the processing session unless you explicitly request report storage. We do not sell, share, or use uploaded documents to train AI models.

By uploading a document, you grant us a limited, temporary license to process that document solely for the purpose of generating your compliance report.

You agree to indemnify, defend, and hold harmless Axes and Eggs LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) any lift operation conducted based on Service output; or (d) your violation of any third-party rights.

These Terms are governed by the laws of the State of Florida, without regard to conflict of law provisions. Any dispute arising under these Terms shall be resolved by binding arbitration in Broward County, Florida under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Material changes will be communicated via email to registered users.

Questions regarding these Terms may be directed to: legal@em385safety.com