1. Acceptance of Terms
By downloading, installing, and using any Fouled Anchor Safety LLC application ("App," "Apps," or "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to: IH/OH Toolbox, RadAegis, LabAegis, GearAegis, SiteAegis, Jokesmith, and Gigsmith.
If you do not agree to these Terms, you may not use our Apps. By using our Apps, you represent that you are at least 18 years of age or the age of majority in your jurisdiction.
2. Professional Use Disclaimer
Our safety-focused Apps (IH/OH Toolbox, RadAegis, LabAegis, GearAegis, SiteAegis) are tools designed to assist professional safety work. They are NOT replacements for professional judgment, proper training, or compliance with all applicable laws and regulations. Always consult qualified professionals and follow all OSHA, NRC, EPA, and other regulatory requirements.
3. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Apps for personal and professional use in accordance with these Terms. You may not:
- Reverse engineer, decompile, or disassemble the Apps
- Modify, adapt, or create derivative works
- Rent, lease, lend, or transfer the Apps
- Use the Apps for unlawful purposes
- Remove or alter copyright, trademark, or proprietary notices
- Use the Apps to create competing products or services
4. Acceptable Use Policy
You agree not to use the Apps to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Harass, abuse, or discriminate against others
- Transmit malware, viruses, or malicious code
- Interfere with or disrupt the Apps or servers
- Collect or track personal information of others without consent
- Impersonate any person or entity
- Access unauthorized areas of the Apps
5. User Accounts & Credentials
If you create an account, you are responsible for:
- Providing accurate, complete information
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of unauthorized access
6. User-Generated Content
6.1 Your Content
You retain ownership of all content you create within our Apps (safety data, incident reports, photos, notes, etc.). By using the Apps, you grant us a limited license to:
- Store and process your content to provide the Apps
- Back up your data for security and recovery
- Synchronize your data across your devices via CloudKit
- Use anonymized, aggregated data for service improvement
6.2 Content Restrictions
You warrant that your content:
- Does not violate any laws or regulations
- Does not infringe on third-party intellectual property rights
- Does not contain false, misleading, or defamatory information
- Is obtained in compliance with all applicable regulations (e.g., HIPAA, FERPA)
7. Intellectual Property Rights
The Apps, including all content, features, and functionality, are owned by Fouled Anchor Safety LLC or its licensors. All rights are reserved. The Fouled Anchor brand, logo, product names, and other marks are trademarks of Fouled Anchor Safety LLC.
8. Payment, Pricing & Refunds
8.1 In-App Purchases
Pricing is displayed before purchase. All transactions are processed through Apple's App Store. By purchasing, you authorize the payment.
8.2 Subscription Terms
- Subscriptions are billed at the frequency you select (monthly or annual)
- Your subscription will automatically renew unless you cancel
- You can cancel anytime through App Store settings
- No refunds are provided for partial subscription periods unless required by law
8.3 Veteran Discounts
Veteran and military discounts are provided on an honor-system basis. You certify that you are eligible for the discount and warrant the accuracy of your status. Fraudulent discount claims may result in account termination and legal action.
8.4 App Store Refunds
Refund requests are governed by Apple's App Store policies. We comply with Apple's refund terms. Contact Apple Support for refund requests.
9. Warranty Disclaimer
THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We specifically disclaim:
- Merchantability or fitness for a particular purpose
- Accuracy, completeness, or timeliness of information
- Uninterrupted or error-free operation
- Freedom from viruses or malicious code
Safety-related Apps are tools to assist professional judgment. We do not warrant that using these Apps will result in compliance with any regulations or safety standards. You are solely responsible for ensuring compliance with all applicable laws, regulations, and safety standards.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOULED ANCHOR SAFETY LLC SHALL NOT BE LIABLE FOR:
- Indirect, incidental, consequential, special, or punitive damages
- Lost profits, revenue, data, or goodwill
- Business interruption or loss of use
- Any damages arising from your use of the Apps
Our total liability under these Terms shall not exceed the amount you paid for the App in the past 12 months, or $100, whichever is less.
Some jurisdictions do not allow limitation of liability, so this may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless Fouled Anchor Safety LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:
- Your violation of these Terms
- Your use of the Apps
- Your content or user-generated data
- Your violation of any law or third-party rights
12. Safety Data & Compliance
12.1 Your Responsibility
You are solely responsible for ensuring that your use of safety-related Apps complies with all applicable regulations, including:
- OSHA standards and requirements
- NRC regulations (for radiation safety)
- EPA and state environmental requirements
- HIPAA and medical privacy requirements
- Industry-specific safety standards
12.2 Data Backup
While we provide CloudKit backup, you are responsible for maintaining your own backups of critical data. We are not liable for data loss due to device failure, deletion, or other causes.
13. Third-Party Services
Our Apps may use or integrate with third-party services, including Apple's CloudKit, Apple Weather Kit, and National Weather Service. We are not responsible for third-party services. Your use of third-party services is governed by their terms and privacy policies.
14. Termination
We may terminate your account and access to the Apps if you:
- Violate these Terms
- Engage in fraudulent, abusive, or illegal activity
- Violate intellectual property rights
- Fail to comply with safety regulations
Upon termination, your right to use the Apps ceases immediately. You remain liable for any obligations incurred during use.
15. Modifications to Terms & Apps
We may update these Terms at any time. We will notify you of significant changes by posting the updated Terms with an updated "Last Updated" date. Your continued use constitutes acceptance of changes. We may also modify, suspend, or discontinue the Apps with notice.
16. Governing Law & Jurisdiction
These Terms are governed by the laws of the United States and applicable state law. You agree to submit to the exclusive jurisdiction of courts located in the United States.
17. Dispute Resolution
Any disputes arising from these Terms or use of the Apps shall first be addressed through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration in accordance with applicable law, with both parties waiving the right to jury trial.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
19. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Fouled Anchor Safety LLC regarding the Apps and supersede all prior agreements.
20. Contact & Support
For questions regarding these Terms, please contact:
- Email: legal@fouledanchorsafety.com
- Support: Use the support feature in the Apps
- Mailing Address: Fouled Anchor Safety LLC, Legal Department, USA
Effective Date: January 2026
Last Updated: January 25, 2026
By using our Apps, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.