Terms of Service

2. Purpose & Permitted Use

The Software is an internal environmental, health & safety (EHS) management tool intended solely for authorized employees, contractors, auditors, and visitors of Procaps Laboratories. You may use the Software only for legitimate business purposes consistent with your role at Procaps. Unauthorized access, sharing of credentials, or use of the Software for any purpose outside the scope of your employment or engagement is strictly prohibited.

3. Account & Authentication

• Accounts are issued by invitation only. You may not create accounts on behalf of others.
• You are responsible for safeguarding your password and for all activity under your account.
• You must notify EHS administrators immediately if you suspect unauthorized access.
• Procaps may suspend or terminate access for any reason, including violation of these Terms, changes in employment status, or as required by law.

4. Compliance Records & Electronic Signatures

The Software stores records intended to satisfy regulatory requirements including but not limited to OSHA 29 CFR 1904 (Recording and Reporting), 21 CFR Part 11 (Electronic Records; Electronic Signatures), and 21 CFR Part 111 (Current Good Manufacturing Practice for Dietary Supplements). By using electronic signature features, you affirm that:

• Your electronic signature is the legally binding equivalent of your handwritten signature.
• You will not share your authentication credentials with any other person.
• The Software's audit log accurately reflects your actions.

The Software is a tool to support compliance but is not, by itself, a substitute for the Company's compliance obligations or for the professional judgment of qualified EHS, regulatory, medical, or legal personnel.

5. Data Ownership & Confidentiality

All data entered into the Software is the property of Procaps Laboratories. Such data may include incident reports, employee identifiers, contractor information, and regulatory documentation. You agree to keep such data confidential and to use it only for authorized purposes.

6. Disclaimer of Warranties

The Software is provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data.

Procaps makes no representation that the Software will be uninterrupted, error-free, secure against unauthorized access, or that defects will be corrected. The Software is not certified by OSHA, FDA, or any other regulatory body, and use of the Software does not guarantee compliance with any law, regulation, or standard. Users remain responsible for verifying the accuracy and completeness of all records and for taking the actions required by applicable regulations.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall Procaps, its officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, regulatory penalties, business interruption, or any other intangible losses, arising out of or related to your use of (or inability to use) the Software.

To the maximum extent permitted by law, the aggregate liability of Procaps for any claim arising out of these Terms or your use of the Software shall not exceed one hundred U.S. dollars (US $100). This limitation applies regardless of the theory of liability and even if Procaps has been advised of the possibility of such damages.

8. No Reliance for Emergency or Medical Decisions

The Software is not an emergency response system. In the event of a life-threatening emergency, fire, hazardous release, or serious injury, call 911 and follow the plant's Emergency Response Plan. Do not rely on the Software to alert emergency personnel or summon medical aid.

9. Indemnification

You agree to indemnify, defend, and hold harmless Procaps and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your misuse of the Software, (c) any data or content you submit through the Software, or (d) your violation of any applicable law or third-party right.

10. Third-Party Services

The Software may integrate with third-party services (such as Supabase for data storage, Resend for email delivery, Slack for messaging, and OpenAI for optional AI assistance). Your data may be transmitted to and processed by these providers under their respective terms and privacy policies. Procaps is not responsible for the acts or omissions of such third parties.

11. AI-Assisted Features

The Software offers optional AI-assisted features (incident classification, 5-Why suggestions, toolbox-talk drafting, etc.). AI outputs are suggestions only, may be inaccurate, and must be reviewed and approved by qualified personnel before being treated as authoritative. Do not enter personal health information, social security numbers, or other regulated personal data into AI-assisted prompts.

12. Prohibited Conduct

• No reverse engineering, decompiling, or attempting to derive source code.
• No automated scraping, scanning, or denial-of-service activity.
• No attempt to bypass authentication, rate limits, or access controls.
• No submission of false, misleading, or fraudulent records.
• No use of another person's credentials or impersonation of another person.

13. Modifications

Procaps may modify these Terms at any time. When material changes are made, you will be required to re-accept the updated Terms before continuing to use the Software. The current version is identified at the top of this page.

14. Governing Law & Venue

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising out of these Terms or the Software shall be resolved exclusively in the state or federal courts located in Clark County, Nevada.

15. Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy and any written agreements between you and Procaps, constitute the entire agreement regarding your use of the Software.

16. Contact

For questions about these Terms, contact: Procaps Laboratories EHS Department, Henderson, NV.