Terms of Service
These Terms of Service (the “Agreement”) is a contract in electronic format between you as an end-user and Calcumate Pty Ltd., governing the use of Calcumate Storage Calculator (the “Service”). By accessing and using our Service, you are agreeing that you will be bound by and comply with the terms and conditions of this Agreement. The terms “Calcumate”, “Storage Calculator”, “we”, “us” or “our” refers collectively to the licensor Calcumate Pty Ltd. and our website Calcumate.co (the “Site”). The term “you” or “your” refers to you as the user and licensee of our Service under this Agreement.
1. Acceptance of Terms
Calcumate makes the Service available through a source link on host sites as provided in this Agreement. We provide our Service to you under and subject to the most recent version of this Agreement. If you do not agree with all the terms and conditions of this Agreement, you must cease using the Service; your continued use of the Service will signify your acceptance of this Agreement.
2. DESCRIPTION OF SERVICE
The Service is designed to provide you with a customized tool that allows both teams and customers to estimate the amount of space required for their storage needs. The service is customized for each user and then hosted on user sites. Inherent in the complexity of the service is the front-end design as well as algorithm that supports the calculation.
3. LICENSE
Subject to the terms and conditions of this Agreement, Calcumate grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable right and license to access and use our Service to support your business operations for the term of this Agreement unless sooner terminated; provided, however, that you may not use the Service in a resale capacity, or process third party data in a commercial service bureau environment, and Calcumate retains all right, title and interest in all materials supplied to you by us.
4. RESTRICTIONS
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way except as permitted under this Agreement in connection with developing your own Storage Calculator; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” any portion of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics represented by or incorporated in the Service, or (e) copy any ideas, features, functions or graphics represented by or incorporated in the Service.
5. RESOURCES
As part of the Service, Calcumate will provide and operate the servers, system software, and applications software, including front-end and back-end Software functionality available to you in connection with the Service as provided in this Agreement.
6. SUPPORT
The Service will include remedial maintenance for the customized Storage Calculator including all updates, bug fixes, and upgrades to that are implemented by us during the term of the Agreement.
7. AVAILABILITY OF SERVICE
Subject to the terms and conditions of this Agreement, Calcumate will use commercially reasonable efforts to provide the Service for twenty-four hours a day, seven (7) days a week through the term of this Agreement. You agree that from time to time the Service may be inaccessible or impossible to use for various reasons, including periodic maintenance procedures or upgrades, service malfunctions and causes beyond our control or that are not reasonably foreseeable by us, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks or network congestion or other failures (collectively, “Downtime”). Calcumate will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Service in connection with Downtime, whether scheduled or not. Calcumate will not be responsible for any damages or costs incurred by you, including without limitation, lost profits, if any, that may arise in connection with Downtime.
8. PAYMENT
Payments are due monthly in advance. The price list and billing methods may vary over time however all updates will be notified within a reasonable timeframe. Users can cancel their Account at any time. When users unsubscribe they are not charged any further fees but are responsible for all charges incurred up until cancellation. If you cancel your Calcumate Service, Calcumate is not obligated to refund Service charges already paid. Cancellation will take effect at the end of the current Service period unless an earlier date is requested.
9. YOUR REGISTRATION OBLIGATIONS
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Calcumate registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Calcumate has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Calcumate reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
10. CONDUCT
You agree to comply with our acceptable use policies in connection with your use of the Service. You understand that all information, data, text, software, graphics, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not Calcumate, are entirely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available via the Service. You agree to not use the Service to: (a) upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or harm minors; (b) impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; (d) upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or other relationships; (e) upload, post, e-mail, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (f) upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; (g) upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national, or international law; (k) “stalk” or otherwise harass another; and/or (l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
11. USE OF YOUR INFORMATION
Your information is used by Calcumate for the following purposes:
- To deliver functionality and improve the Service,
- To fulfill your requests for assistance with, or information about the Service
- To conduct research about your use of the Service and functionality;
- To offer other Calcumate related services, products, features or functionality that may be of interest to you; and
- To integrate services, products or features from Calcumate’s business partners and service providers that we believe will enhance your experience and the functionality and reach of our Service. If we enter into any future arrangements with business partners or other service providers that require access to your contact information, we will provide notice and an opportunity for you to opt out. In any event, we will require our business partners and service providers to maintain your information in confidence, and not to misuse it. In addition, when you sign on to the Service, we may have access to certain technical information that is made available to us by your computer and Internet browser, such as the type of browser you are using, your Internet provider and certain other details that are routinely provided. We may associate part or all of this information with your Calcumate Service to help us personalize your experience. Although no computer system is completely impervious to cyber-attack, we employ industry standard technical, managerial and physical security methods to safeguard your data.
12. USAGE INFORMATION
The term “Usage Information” shall mean all information collected by us reflecting access and usage of the Service, including traffic information and, subject to Calcumate’s privacy policy then in effect, all information directly obtained from an individual requests.
13. INTELLECTUAL PROPERTY OWNERSHIP
The term “Intellectual Property Rights” means any and all now known or hereafter known tangible and intangible (i) rights associated with works of authorship throughout the universe, including, but not limited to, copyrights and moral rights, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual property and industrial property rights of every kind and nature throughout the universe and however designated, whether arising by operation of law, contract or license, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). You agree that Calcumate shall retain all right, title and ownership in and to the Service, the Site, and all Content we provide you in connection with the Service, including, without limitation, all related Intellectual Property Rights represented by or embodied in our Service, Site, Service Management Software or Content. The term “Content” shall refer to all information, data, text, graphics or other materials we make available to you in connection with the Service. You shall have no rights in such Service, Site, Service Management Software or Content other than the limited right to use such Service, Site, Service Management Software or Content as provided herein. We will also own all right, title and interest in any suggestions, ideas, enhancements, requests, feedback, recommendations and other information you provide us relating to the Service.
14. SCRAPERS, BOTS, CRAWLERS AND SPIDERS
You agree that you will not use any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract content on or available through the Site or our Service or reproduce or circumvent the navigational structure or presentation of the Site, or our Service.
15. INDEMNITY
You agree to indemnify and hold Calcumate and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, any content you create, manage or control in connection with the Service, your violation of the terms of this Agreement, or your use of the Service in violation of any third party rights.
16. MODIFICATIONS TO SERVICE
You acknowledge that Calcumate may establish general practices and limits concerning use of the Service. You further acknowledge that Calcumate reserves the right to modify these general practices and limits from time to time. Calcumate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Calcumate shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, in whole or in part.
17. TERM AND TERMINATION
This Agreement shall commence upon acceptance of your Registration Data and initial payment and shall continue thereafter until terminated. Either party may terminate this Agreement for material breach of its terms, if such breach is not remedied within ten (10) days after the date that written notice of breach is provided. You agree that Calcumate may terminate your access to the Service for violations of this Agreement and/or requests by authorized law enforcement or other government agencies. Any breach of your payment obligations or unauthorized use of the Service will be deemed a material breach of this Agreement. We, in our sole discretion, may terminate your account, or use of the Service if you breach or otherwise fail to comply with this Agreement.
18. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Calcumate has no control over such sites and resources, you acknowledge and agree that Calcumate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any third party Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Calcumate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party Content, goods, or services available on or through any such site or resource.
19. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service is at your sole risk. Calcumate is provided on an “as is” and “as available” basis. In the event of system or component failure, it is possible that for a certain period of time, you may not be able to enter new transactions, execute existing transactions, or modify or cancel transactions that were previously entered. Calcumate and its affiliates, officers, employees, and licensors expressly disclaim all warranties of any kind, whether express, statutory, or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or use, availability, non-interference with your enjoyment of the site or Service and non-infringement. Calcumate and its affiliates, officers, employees, and licensors make no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, completely secure, without delay, free from service degradation or error-free; and/or (c) the results that may be obtained from the use of the Service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from Calcumate or through or from the Service shall create any warranty not expressly stated in this Agreement.
20. LIMITATION OF LIABILITY
You expressly understand and agree that Calcumate and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you (whether in contract or based on warranty, negligence, tort, strict liability or otherwise) for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Calcumate has been advised of the possibility of such damages), resulting from the use of, or the inability to use, our site or Service. In any event, our total aggregate liability arising from or related to this Agreement or the Service shall be limited to your direct damages, not to exceed the fees actually paid to us during the most recent six month period immediately preceding the earliest event giving rise to our liability under this Agreement.
21. MISCELLANEOUS
(m) Entire Agreement. This Agreement and any applicable Registration Forms constitute the entire agreement between you and Calcumate and governs your use of the Service, superseding any prior or contemporaneous agreements between you and Calcumate with respect to the Service, whether written or oral. (n) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws in the State of Victoria in Australia, without regard to conflict of laws principles. You irrevocably agree that the courts of Victoria will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non contractual disputes or claims). (o) Waiver and Severability of Terms. The failure of Calcumate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. (p) Force Majeure. No party shall be liable to any other party for any failure or delay caused by force majeure and similar events beyond any party’s reasonable control, including, without limitation, acts of nature, terrorist acts, sabotage, or accidents. This force majeure provision shall not be applicable to your payment obligation under this Agreement. (q) Independent Contractors. Calcumate and you are independent contractors. None of the provisions of this Agreement or the provision of the Service hereunder shall be deemed to constitute a partnership, joint venture, franchisor-franchisee, employer employee, or any other such relationship between the parties hereto, and neither party shall have any authority to bind the other in any manner except as expressly provided in this Agreement. Neither party shall have or hold itself out as having any right, authority or agency to act on behalf of the other party in any capacity or in any manner, except as may be specifically authorized in this Agreement. You assume full responsibility for the acts of your personnel and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes. (r) Assignment. You may not assign this Agreement without our prior written approval. Any purported assignment in violation of this section shall be void. Any permitted assignment shall inure to the benefit of and be binding on the assigning party’s successor and assigns. (s) No Third Party Beneficiaries. The Agreement does not create any unintended third party beneficiary rights. (t) Electronic Notices. YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SERVICE (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by Calcumate regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
22. DELETION OF YOUR INFORMATION
Content you make available for inclusion via the Service, belongs to you. If you want to delete your information from our system, you can do so at any time by contacting us. We will confirm your request (to verify that it’s really you) and we will delete your information as promptly as reasonably possible, but in any event within 15 business days from the date your request is confirmed. Once the deletion of your information has been completed, we will notify you.
23. CONTACTING US
If you have any questions or comments, or think we’ve overlooked something important to you, please feel free to email us at info@calcumate.co.