Ironclad
Terms of Use
These Terms of Use govern your use of applications published by Ironclad Digital LLC, a Wyoming limited liability company (“Ironclad,” “we,” “us”), and of this website.
These terms sit alongside Apple’s
Our iOS applications are licensed to you under Apple’s Licensed Application End User License Agreement, which Apple attaches to every App Store app. These Terms of Use are in addition to that agreement. They add to it, do not replace it, and do not reduce any right you have under it. If the two conflict, Apple’s agreement controls. Refunds are handled by Apple.
Not everything we publish comes from an app store. Some of our tools are web applications you use in a browser and sign in to. No store license agreement attaches to those, and refunds, if any apply, are handled by us rather than by Apple.
Each of our products also carries its own supplemental terms, covering what that specific tool does and does not do. Those supplemental terms are the ones that speak to the particular product, and you should read them.
What our tools are
Ironclad builds field and documentation tools for people doing skilled industrial work. They are working aids. They speed up and make consistent the kind of task a qualified person already performs, and they are built to be honest about their own limits.
They are not engineering design software, they are not a substitute for your employer’s approved procedures, and they do not replace professional judgment, a required qualification, or a regulatory obligation. Ironclad is not an engineering firm, does not offer or perform engineering services, and is not engaged in the practice of engineering. No output of an Ironclad application has been reviewed, approved, sealed, or stamped by a licensed professional engineer, and no professional relationship is created by your download or use of an application, or your use of a web application.
Never the sole basis for a safety-critical decision
Do not use the output of an Ironclad application as the sole basis for any decision affecting personnel safety, equipment protection, environmental release, or regulatory compliance. Verify against your facility’s approved methods, follow your own procedures, and use your judgment as a qualified person. Where an application states a limitation, a validity range, or a caveat with a result, that information is there to be read and acted on.
Assumption of risk
You understand that industrial work is inherently hazardous, and that any output of an application may be inaccurate, may rest on a method that does not apply to your conditions, or may be wrong because of an input error. You knowingly and voluntarily accept the risk of relying on any output, and you accept responsibility for verifying it before acting on it. You are in a better position than Ironclad to judge whether a given result is appropriate for the work in front of you.
Your responsibilities
You are responsible for the accuracy of what you enter, including units and any measurement basis an application asks for; for complying with your employer’s procedures, your qualification requirements, and applicable law; for keeping your own copy of anything you need to retain; and for deciding whether a given tool is appropriate for the work you are doing.
Your data
Our field applications are built to keep your information on your device. Our web applications require an account, so they necessarily hold some data on a server: at minimum the account itself, plus whatever you choose to save. Either way, what a given product stores, and what if anything leaves your device, is described in that product’s own privacy policy, and that policy is the authority for it.
To the maximum extent permitted by law, Ironclad is not liable for lost, corrupted, deleted, or inaccessible data, whether caused by an application, a service provider, your device, your browser, the operating system, storage limits, or any other cause.
Third-party references
Some applications cite published methods, standards, or sources and link to them. Those links open in your browser, and only if you tap one. Those are third-party sites. Ironclad does not control them, does not warrant their content or availability, and does not endorse any conclusion you draw from them. Once you leave the application, that site’s own privacy practices apply.
Disclaimer of warranties and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRONCLAD APPLICATIONS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND IRONCLAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRONCLAD’S TOTAL LIABILITY ARISING FROM OR RELATED TO AN APPLICATION SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THAT APPLICATION OR FIFTY DOLLARS ($50.00).
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; in those jurisdictions the exclusions and limitations above apply only to the greatest extent those laws permit, and you may have additional rights.
Indemnification
You agree to indemnify and hold harmless Ironclad, its members, managers, and contractors from any third-party claim, damage, or expense, including reasonable attorney fees, arising from your use of an application in a manner that violates these Terms, Apple’s agreement, or applicable law; from your use of an application for a purpose it expressly disclaims, including engineering design or the sizing of safety-critical equipment; or from your violation of any right of a third party. This obligation does not apply to the extent a claim arises from Ironclad’s own negligence or willful misconduct, and does not apply where prohibited by applicable law.
Changes
We may update these Terms from time to time. The current version is always posted here with its date. Where a product carries supplemental terms and we make a material change to them, an installed application will ask you to review and accept the updated version, and for a web application the current version and its effective date are posted with the product.
General
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of it.
Governing law
These Terms, and any claim, dispute, or controversy arising out of or relating to these Terms or to your use of an Ironclad application, are governed by the laws of the State of Wyoming, without regard to its conflict of law principles, except where applicable law requires otherwise.
Contact
Questions about these terms? Email support@ironcladintegrity.com.