Terms of Use

1. Agreement to these Terms

By accessing the Site or purchasing Services, you agree to these Terms. If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Site or purchase the Services.

If you and Calcaware have signed a separate written agreement, statement of work, or order form, that document controls to the extent of any conflict with these Terms.

2. Who we are

Calcaware Software Solutions LLC is a software studio based in the United States. The Site is hosted at solutions.calcaware.com. You can contact us at solutions@calcaware.com.

3. Use of the Site

You may use the Site for lawful, personal, or internal business purposes. You may not use the Site in a way that interferes with its operation, attempts to gain unauthorized access, introduces malicious code, scrapes content at a disruptive volume, or violates applicable law.

We may modify, suspend, or discontinue any part of the Site at any time. We do not guarantee that the Site will be available without interruption or error.

4. Products and Services

We offer packaged software solutions for specific business workflows. Each solution may be purchased under a Source License or a Licensed Software plan, with optional setup and support services. Product descriptions, features, and screenshots on the Site are provided for general information. The written scope in your order or statement of work controls what is included.

Screenshots and interface previews on the Site may be illustrative and may not reflect every configuration or future update. We work to keep product information accurate, but we do not warrant that every detail is error-free or current.

5. Orders, pricing, and taxes

Prices shown on the Site are in U.S. dollars and are subject to change. The price displayed at checkout or in your written quote is the price that applies to your order. We may correct pricing errors before accepting an order.

You are responsible for any sales, use, value-added, or similar taxes, excluding taxes on our net income. Where required, we may collect applicable taxes at checkout. Quotes may exclude third-party costs such as hosting, domain registration, payment processing fees, or software subscriptions, which are your responsibility unless your order says otherwise.

6. Payment

Payments are processed by Stripe or another payment provider we designate. By submitting payment information, you authorize the provider to charge the amount shown for your order, including applicable taxes and recurring fees for subscription or support plans.

You must keep your billing information accurate. If a payment fails, we may suspend delivery or support after reasonable notice. Recurring plans renew according to the terms shown at purchase unless cancelled before the renewal date.

7. License models

We offer two software licensing models. The specific terms for each are set out in the License Agreement, which is incorporated into these Terms by reference.

• Source License. You receive a copy of the source code for the purchased solution. You own your copy and may use, modify, and deploy it for your internal business purposes without a per-user fee. Calcaware retains ownership of the original software and may license it to others. You may not resell or redistribute the software itself as a competing product.
• Licensed Software. You receive a non-exclusive, non-transferable right to use the software as provided, for the term and scope of your plan. You may not modify, reverse engineer, or redistribute the source code. Updates and fixes are included while your license is active. You may purchase feature packages for additional functionality.

8. Setup, deployment, and onboarding

Setup services are provided according to the scope in your order. You agree to provide timely access to the information, accounts, data, and decision-makers needed to complete the work. Delays caused by missing access or information may shift the schedule.

You are responsible for the accuracy and lawfulness of data you provide for import. We may decline to import data that we believe is unlawful or that creates a security or compliance risk.

Self-deployment is performed by you or your technical provider using our documentation. We are not responsible for configuration changes, infrastructure, or security decisions made outside our written scope, though we may offer support under a separate plan.

9. Support plans

Optional Care Plans are annual support subscriptions. They cover the services, support hours, and response targets described on the support page or in your order. Support does not include new feature development, third-party fees, hardware or network support, or custom integrations unless specifically agreed in writing.

Support is provided during our normal business hours. Response targets are goals, not guarantees, and do not apply to outages caused by third-party providers, customer infrastructure, or misuse.

10. Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms. Please review it before purchasing. Nothing in these Terms limits a non-waivable statutory right you may have.

11. Intellectual property

The Site, the Calcaware name and logo, product names, marketing copy, and the underlying software are owned by Calcaware or its licensors and are protected by intellectual property laws. Except for the rights expressly granted in your license or order, no rights are transferred to you.

You may not copy, reproduce, distribute, or create derivative works from Site content for commercial purposes without our written permission. You may share links to the Site and quote short excerpts with attribution.

12. Customer data and responsibilities

You retain ownership of the data you or your users submit to a deployed system. You grant us the rights needed to host, process, back up, and support that data as necessary to provide the Services.

You are responsible for obtaining any required consents, providing required notices, configuring access controls, maintaining backups where appropriate, and ensuring that your use of the software complies with the laws and regulations that apply to your business, including privacy, healthcare, financial, and professional-conduct rules.

Our software is a business tool. It does not provide medical, legal, clinical, financial, or other professional advice, and it is not a substitute for your professional judgment, policies, or compliance program.

13. Acceptable use

You may not use the Site or Services to:

• Violate any law, regulation, or third-party right.
• Store or transmit unlawful, harmful, or infringing content.
• Attempt to gain unauthorized access to systems, accounts, or data.
• Interfere with the security or operation of the Site or a deployed system.
• Resell, sublicense, or distribute the software except as expressly permitted by your license.
• Use the Services to build or promote a competing product made from our code or content.

14. Third-party services

The Services may interoperate with third-party services such as Stripe, hosting providers, email providers, and payment processors. Your use of those services is subject to their terms and privacy policies. We are not responsible for their performance, availability, or data practices.

15. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure, or that they will meet every requirement of your business or of a regulator. You are responsible for validating that the software fits your workflows and compliance obligations before relying on it in production.

Estimates of cost, timeline, or savings on the Site are illustrative. They are not guarantees of results.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALCAWARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless Calcaware and its officers, employees, and contractors from claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your data, your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

18. Termination

We may suspend or terminate access to the Site or Services if you materially breach these Terms, fail to pay amounts due, or use the Services in a way that creates risk for us or others. Where practical, we will give notice and an opportunity to cure.

Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.

19. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law principles. The parties will first attempt to resolve any dispute informally by contacting each other in good faith. If a dispute cannot be resolved informally, it will be brought in the state or federal courts located in Pennsylvania, and each party consents to those courts’ jurisdiction.

Nothing in this section prevents either party from seeking injunctive relief to protect intellectual property or confidential information.

20. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date shows the most recent revision. Changes apply to future use of the Site and future purchases. If a change materially affects an existing order, we will handle it according to the terms in effect when you purchased, unless you agree otherwise.

21. General

These Terms, together with the License Agreement, Refund Policy, Privacy Policy, and any written order or statement of work, are the entire agreement between you and Calcaware regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

22. Contact

Questions about these Terms? Contact Calcaware Software Solutions LLC at solutions@calcaware.com.