HrdHatLegal

Legal

Terms of Use

Updated Sep 26, 2026Version 5

Terms of Use

Effective Date: 2026-09-26 Version: 5 (beta) Jurisdictions covered: Canada (federal + BC, AB, ON, QC) and United States (federal + CA, VA, CO, CT, UT)

Note

These Terms are published in beta mode and may change before general availability. See Section 1 for details. For questions, contact hello@hrdhat.site.

1. Beta Notice

HrdHat is currently offered in beta. The service and these Terms are provided as-is and may change before general availability. By creating an account, you acknowledge that:

  • The service may be incomplete, contain bugs, or be unavailable at times
  • Features may change, be removed, or be re-priced with notice as provided in Section 15
  • You use the service at your own risk and should not rely on it as the sole record of safety-critical information
  • Material changes to these Terms will be communicated under Section 15 before they take effect

If you do not agree to use a beta service under these conditions, do not create an account.

2. Who We Are

HrdHat is a construction-industry SaaS product operated by Pawel Mniszak as a sole proprietor under the trade name HrdHat ("HrdHat," "we," "us," "our"), based in British Columbia, Canada. Incorporation as HrdHat Inc. is planned; these Terms will be updated upon incorporation to reflect the corporate entity.

Contact: hello@hrdhat.site

3. Acceptance of These Terms

By creating an account, using the HrdHat service (web application at hrdhat.site, HrdHat mobile apps if released, and any related APIs), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use the service.

These Terms form a binding agreement between you and HrdHat. Where these Terms conflict with a signed written agreement between your employer and HrdHat (including the Company Data Processing Agreement for Company Starter accounts), the signed agreement controls.

4. Who Can Use HrdHat

You may use HrdHat only if all of the following are true:

  • You are at least 18 years old. HrdHat is intended for construction-industry workers and supervisors. We do not knowingly collect information from users under 18.
  • You can form a legally binding contract under the laws of your jurisdiction.
  • You are not barred from using the service under the laws of Canada or your country of residence.
  • You will use the service in compliance with all applicable laws, regulations, and your employer's policies.

HrdHat may refuse service, suspend, or terminate any account at our discretion, subject to the refund terms in Section 9.

5. Your Account

5.1 Registration

To use most features, you create an account with your email address and a password. You agree to provide accurate information and keep it up to date.

5.2 Account Security

You are responsible for keeping your password confidential and for all activity under your account. Notify us immediately at hello@hrdhat.site if you suspect unauthorized access. HrdHat is not liable for losses resulting from unauthorized use of your account caused by your failure to maintain account security.

5.3 One Person, One Account

Accounts are for individuals. You may not share an account, transfer an account to another person, or create an account on someone else's behalf without their consent.

5.4 Account Termination

You may delete your account at any time from Settings → Privacy → Delete Account. When you delete an account, we purge your personal data in accordance with our Privacy Policy. Certain anonymized or aggregated records may be retained.

We may suspend or terminate your account if you violate these Terms, create risk for other users, or fail to pay for a paid plan. We will give reasonable notice where practicable.

6. What HrdHat Is — And Is Not

6.1 What HrdHat Is

HrdHat is a productivity and record-keeping tool. It helps construction workers and supervisors:

  • Create, complete, and share safety and compliance forms (such as FLRAs, toolbox talks, equipment checks)
  • Track shifts, crews, and project activities
  • Store electronic signatures, photos, and form submissions
  • Draft form content with artificial intelligence when you ask it to, for you to review and accept (see Section 10.7)
  • Communicate dispatch information between companies and workers

6.2 What HrdHat Is Not

HrdHat is not a substitute for:

  • Your employer's safety program, training, or on-site supervision
  • Regulatory compliance with OSHA (United States), WorkSafeBC, WSIB, CNESST, WCB Alberta, or any other occupational health and safety authority
  • Professional safety advice, legal advice, or medical advice
  • Worker's compensation insurance, general liability insurance, or any other required insurance
  • Official records required by regulators — you are responsible for keeping originals or certified copies as your jurisdiction requires

Use of HrdHat does not imply OSHA, WorkSafeBC, WSIB, or any other regulator has reviewed, approved, or endorsed the service or any form submitted through it. Sample forms and templates provided in HrdHat are for illustrative purposes only and do not supersede the requirements of any regulator. You and your employer remain solely responsible for meeting all applicable safety, labour, and recordkeeping requirements.

7. Acceptable Use

You agree not to:

  • Use HrdHat for any illegal activity or to violate the rights of others
  • Upload content that is false, misleading, defamatory, obscene, infringing, or harassing
  • Attempt to access accounts, data, or systems you are not authorized to access
  • Reverse engineer, decompile, or attempt to extract source code except as permitted by law
  • Interfere with the service's operation (for example, via automated scraping at a rate that impacts service availability, denial of service, or security exploits)
  • Use HrdHat to impersonate another person or entity
  • Resell, sublicense, or redistribute access to HrdHat without our written permission
  • Use the HrdHat name, logo, or other HrdHat Marks except as permitted in Section 13.3
  • Use HrdHat in connection with services or activities that we consider high-risk (including but not limited to firearms manufacturing, weapons of mass destruction, or activities subject to export controls in Canada or the United States)

We may remove content or suspend accounts that violate this section. In severe cases we may report violations to law enforcement.

8. Your Content

8.1 Ownership

You own the content you submit to HrdHat ("Your Content"), including forms, photos, signatures, notes, and uploaded files. HrdHat does not claim ownership of Your Content.

8.2 Licence You Grant Us to Operate the Service

To operate the service, you grant HrdHat a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for technical reasons such as format conversion), display, and transmit Your Content solely to:

  • Provide the service to you and the people you authorize, including sending the photos and text you give an AI feature to our AI provider to draft suggestions for you when you start that feature, and using your own completed forms to help you fill your next one (Privacy Policy Section 5a.2)
  • Back up, restore, and keep the service secure
  • Comply with legal obligations or valid legal requests

We will not use Your Content for marketing or sell it to third parties. This operating licence ends when you delete Your Content or your account, except for backup copies retained for a short period (see Privacy Policy Section 9).

8.3 Additional Use — Analytics and AI Improvement (Opt-In Only)

We also offer two opt-in programs that, if enabled, expand the licence you grant us:

(a) Detailed analytics — enables us to record usage patterns, session interactions, and page performance data to improve the product. When enabled, session-replay data from non-sensitive pages may be transmitted to our error monitoring provider (Sentry). Safety-form pages (FLRAs, toolbox talks, inspections, incident reports, Fit for Duty checks, equipment checks, timesheets, dispatch messages) are never session-replayed, regardless of your consent setting, because those categories are treated as sensitive under our agreement with Sentry.

(b) Help improve Scan with AI — enables us to use the tasks, hazards and controls you confirm on completed forms, tagged with your trade and type of site but never your name or project, to improve AI drafts for other users. Photos, signatures and messages are never included. Today this works by showing the AI examples drawn from consented records at drafting time; no model is trained on them. If we ever train a model on consented records, we will update these Terms first. Regardless of this setting, your own completed forms are used to help you, for example by pre-filling your next FLRA; that use is part of operating the service under Section 8.2.

Both settings default to OFF. You enable them in Settings → Privacy. You can withdraw consent at any time. When you withdraw:

  • Future analytics collection stops immediately.
  • Session-replay recordings already captured are deleted in Sentry's ordinary retention cycle.
  • Sharing under (b) stops immediately for all of your records, including records created while the setting was on, because our systems check your current setting each time they read.
  • If a model has been trained on consented records (which we will have announced first), records used in that training run cannot be surgically removed from the model's weights. We will not use your records in any new training run after withdrawal, and anonymized derivations remain only in aggregate form.

8.4 Your Warranties

You represent that you have the right to submit Your Content and that Your Content does not violate the rights of any third party (for example, photos of other workers require their consent where the law requires it).

8.5 Employer Access (Company Starter Accounts)

If you use HrdHat in connection with your employer's Company Starter account, your employer may have access to Your Content you submit through that company account (forms, timesheets, shift records). Your employer is a separate data controller under our Privacy Policy for the records they collect through the Company Starter account. Your employer has signed our Company Data Processing Agreement (the CDPA, available as a separate document) which governs how they process that data. Your employer's own policies also apply.

When you leave a Company Starter account, records submitted through it remain under the employer's control unless you and the employer agree otherwise.

9. Subscriptions & Billing

9.1 Plans

HrdHat offers the following plans (pricing in Canadian dollars, CAD):

  • Free — CA$0 / month. Personal use. Limited features.
  • Foreman — CA$9 / month. Individual supervisor features.
  • Company Starter — CA$49 / month. Company-wide features for small businesses.

Pricing and features are subject to change during beta. Changes to an existing subscription's pricing will be communicated at least 30 days in advance.

9.2 Trial Period

Paid plans include a 14-day free trial. You will not be charged during the trial. You may cancel at any time during the trial without charge.

9.3 Billing

Paid subscriptions are billed monthly in advance by our payment processor, Stripe. You authorize HrdHat and Stripe to charge your payment method for the subscription fee plus any applicable taxes until you cancel.

9.4 Cancellation & Refunds

You may cancel a paid subscription at any time from Settings → Billing. Your access continues until the end of the current billing period. We do not offer refunds for partial months, except where required by applicable consumer protection law (see Section 16).

9.5 Failed Payments

If a payment fails, we will notify you and retry. If the failure is not resolved within 14 days, we may downgrade your account to the Free plan and restrict paid features.

9.6 Taxes

Quoted prices do not include sales tax, GST, HST, PST, QST, or equivalent. You are responsible for all such taxes required by your jurisdiction. We will collect tax where we are required to do so.

10. Legal Disclaimer & Liability Waiver

This section combines the Legal Disclaimer previously offered as a separate document. By using HrdHat you acknowledge and agree to the following:

10.1 No Safety Guarantee

HrdHat is a record-keeping and communications tool. Using HrdHat does not prevent workplace injury, illness, or death. The only things that prevent workplace harm are proper training, supervision, hazard assessment, control measures, personal protective equipment, and compliance with occupational health and safety law. HrdHat cannot and does not substitute for any of these.

10.2 No Regulatory Substitute

HrdHat is not certified, approved, or endorsed by OSHA, WorkSafeBC, WSIB, CNESST, WCB Alberta, any other Canadian provincial safety authority, any U.S. state OSHA plan, or any other regulator. Any form, template, or report generated by HrdHat is provided as a convenience and does not by itself satisfy any legal obligation to keep records, file reports, or notify authorities. You and your employer remain solely responsible for regulatory compliance.

10.3 You Are Responsible For Accuracy

All information you enter into HrdHat — including FLRAs, toolbox talks, equipment inspections, timesheets, shift records, and signatures — is information you (or the worker whose record it is) attest to be true. HrdHat does not verify this information and is not liable for consequences of inaccurate, incomplete, or falsified entries.

10.4 Electronic Signatures

Signatures captured through HrdHat are intended to be legally binding under the United States Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA, as adopted by individual states), the Personal Information Protection and Electronic Documents Act (Part 2, PIPEDA) in Canada, and equivalent provincial legislation. By signing electronically in HrdHat, you consent to the use of electronic signatures and agree that an electronic signature has the same legal effect as a handwritten signature. If you do not consent to electronic signatures, do not complete signature fields in HrdHat.

10.5 No Warranties

To the maximum extent permitted by law, HrdHat is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, whether express, implied, or statutory, including:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties arising from course of dealing or usage of trade
  • Warranties that the service will be uninterrupted, timely, secure, or error-free
  • Warranties that defects will be corrected

For users who are consumers in Canadian provinces where the above warranty exclusions are prohibited (including Quebec under the Consumer Protection Act, CQLR c P-40.1), the exclusions in this Section 10.5 do not apply to the extent they are prohibited, and applicable consumer warranties remain.

10.6 Release of Claims

To the maximum extent permitted by law, you release HrdHat, its officers, directors, employees, agents, sub-processors, and affiliates from any claims arising out of or related to:

  • Workplace injury, illness, or death on any jobsite where HrdHat was used
  • Decisions made based on information in HrdHat
  • Loss of data, Your Content, or business opportunity
  • Interruption or failure of the service

This release does not apply to HrdHat's own gross negligence, willful misconduct, or to any liability that cannot be released under applicable law.

10.7 AI-Assisted Drafting

Some HrdHat features, including Scan with AI, use artificial intelligence to draft form content from your photos, your text, and your own past forms. AI drafts are suggestions only. They can be wrong, incomplete, or miss a hazard that is present. You must review every AI-drafted value before accepting it, and HrdHat requires that review before an AI-assisted form can be signed or exported. Once you accept a value it becomes information you attest to under Section 10.3, exactly as if you had typed it. AI drafting does not perform a hazard assessment, does not replace a competent person, and does not satisfy any legal duty to assess hazards. Where HrdHat flags a form as high-risk work, it asks for a supervisor's signature. Obtaining that review remains your and your employer's responsibility.

11. Limitation of Liability

To the maximum extent permitted by law:

11.1 Excluded Damages

In no event will HrdHat be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, lost data, business interruption, or substitute service costs, even if HrdHat has been advised of the possibility of such damages.

11.2 Liability Cap

HrdHat's total aggregate liability for all claims arising out of or related to these Terms or the service is limited to the greater of:

  • The total fees you paid to HrdHat in the 12 months immediately before the event giving rise to the claim, or
  • CA$100

11.3 Exceptions

The exclusions and cap in Sections 11.1 and 11.2 do not apply to:

  • Our fraud, willful misconduct, or gross negligence
  • Indemnification obligations under Section 12
  • Liability that cannot be excluded or capped under applicable law (for example, implied warranties owed to consumers under Quebec, Ontario, BC, or equivalent consumer protection statutes; non-waivable liability under California Civil Code §1668)

11.4 Basis of the Bargain

You acknowledge that the limitations in this Section 11 are a fundamental element of the bargain between you and HrdHat, that our pricing reflects these limitations, and that these limitations apply even if a limited remedy fails of its essential purpose.

12. Indemnification

You agree to defend, indemnify, and hold harmless HrdHat, its officers, directors, employees, agents, and affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable lawyers' fees) arising out of or related to:

  • Your use of the service in violation of these Terms
  • Your Content
  • Your violation of applicable law or third-party rights
  • Your failure to maintain an insurance policy or safety program required by your jurisdiction

This indemnification obligation does not apply where prohibited by consumer protection law in your jurisdiction.

13. Intellectual Property

13.1 HrdHat's IP

The HrdHat name, the HrdHat logo, and the HrdHat gear wordmark (together, the "HrdHat Marks") are trademarks of HrdHat. A trademark application for the HrdHat name is pending with the Canadian Intellectual Property Office (CIPO). Pending status does not reduce our rights: the HrdHat Marks are protected by trademark and unfair-competition law (including the law of passing off) in Canada and the United States whether or not a registration has issued. The HrdHat software, design system, documentation, form templates, and all related intellectual property are owned by HrdHat and protected by Canadian and United States copyright law.

13.2 Feedback

If you send us suggestions, feedback, or ideas, you grant HrdHat an unrestricted, perpetual, royalty-free licence to use them without attribution or compensation.

13.3 No Use of the HrdHat Marks

Nothing in these Terms grants you any right to use the HrdHat Marks. Without our prior written permission, you may not:

  • Use "HrdHat" or any of the HrdHat Marks as, or as part of, a business name, product name, app name, domain name, social-media handle, or advertising keyword
  • Use any name, logo, or design that is confusingly similar to the HrdHat Marks, or that suggests your product or service is made by, endorsed by, or affiliated with HrdHat
  • Copy, imitate, or reproduce the HrdHat logo, wordmark, design system, or the look and feel of the service
  • Remove, obscure, or alter any HrdHat trademark, copyright, or proprietary notice in the service or in any form, report, or export generated by it

You may refer to HrdHat by name to truthfully describe the service (for example, "we use HrdHat for our FLRAs"), as long as the reference does not suggest sponsorship or endorsement.

HrdHat may enforce its rights in the HrdHat Marks in any jurisdiction, and we may suspend or terminate accounts that infringe them under Section 5.4.

14. Service Availability & Changes

We aim to keep HrdHat available 24/7 but do not guarantee uptime during the beta period. Scheduled maintenance, emergency fixes, and third-party outages (Supabase, Stripe, Vercel, SendGrid, Mapbox) may interrupt service.

We may add, modify, or remove features at any time. We will give reasonable notice of significant changes that impact paid features.

15. Changes to These Terms

We may update these Terms from time to time. When we make a material change, we will:

  • Notify you by email at the address on your account, and
  • Post a notice in the app before the change takes effect, and
  • Update the "Effective Date" and Version at the top of this document, and
  • Retain previous versions for your reference

Continued use of the service after a change means you accept the updated Terms. If you do not accept the updated Terms, your only remedy is to cancel your subscription and delete your account under Section 5.4 before the new Terms take effect.

16. Governing Law & Dispute Resolution

16.1 Governing Law

Except where prohibited by applicable consumer protection law, these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflicts of laws principles. By using HrdHat, you consent to the non-exclusive jurisdiction of the courts of British Columbia for matters arising under these Terms.

16.2 Consumer-Protected Jurisdictions

Ontario, Quebec, and other Canadian provinces have consumer protection statutes that prohibit mandatory arbitration, class action waivers, foreign governing law, and waivers of implied warranties in consumer contracts. For consumers resident in these provinces, any term of these Terms that is prohibited by such statutes is void to the extent of the prohibition only, and your rights under the statute remain.

US residents retain any rights granted by applicable state consumer protection statutes (for example, the California Consumer Privacy Act, Virginia Consumer Data Protection Act, or equivalent). To the extent a California, Virginia, Colorado, Connecticut, or Utah consumer protection law prohibits selection of foreign governing law or imposes a specific forum, that law controls over Section 16.1 as to its subject matter.

16.3 Informal Resolution

Before filing any formal claim, you agree to contact us at hello@hrdhat.site and give us 30 days to resolve the dispute informally.

16.4 Courts

If informal resolution fails, disputes will be resolved by the courts of British Columbia, subject to the consumer-protection carve-outs in Section 16.2 and the small-claims option in Section 16.5. HrdHat does not require or offer binding arbitration.

16.5 Small Claims

Either party may bring an action in small claims court for qualifying claims regardless of the above.

17. Miscellaneous

  • Entire Agreement. These Terms plus the Privacy Policy (and for Company Starter account owners, the Company Data Processing Agreement) form the entire agreement between you and HrdHat regarding use of the service.
  • Severability. If any provision is held unenforceable, the remaining provisions stay in effect.
  • No Waiver. Our failure to enforce a provision is not a waiver of that provision.
  • Assignment. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Notices. Notices to you may be sent to the email on your account or posted in the app. Notices to HrdHat must be sent to hello@hrdhat.site.
  • Relationship. These Terms do not create a partnership, joint venture, or employment relationship between you and HrdHat.
  • Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including internet outages, cloud provider failures, natural disasters, labour disputes, or government actions.

18. Contact

  • Support & general questions: hello@hrdhat.site
  • Legal notices: hello@hrdhat.site

HrdHat (operated by Pawel Mniszak, sole proprietor) British Columbia, Canada