Terms of Service

Last updated: 8/3/2025

Important Notice: This calibration software and built-in procedures are provided "AS IS" for management purposes only. You are solely responsible for verifying all calibration results, procedures, and compliance with applicable standards.

1. Acceptance of Terms

By accessing or using MCP-CAL calibration job management software ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Effective Date: These terms are effective immediately upon your first use of the Service.

Binding Agreement: These Terms constitute a legally binding agreement between you and MCP-CAL.

Capacity: You represent that you have the legal authority to enter into this agreement on behalf of yourself or your organization.

2. Software License and Restrictions

2.1 Limited License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations only.

2.2 Restrictions

You may not:

  • Copy, modify, or reverse engineer any part of the Service
  • Sell, resell, or sublicense access to the Service
  • Use the Service for competitive analysis or to develop competing products
  • Access the Service through automated means (bots, scrapers, etc.)
  • Remove or alter any proprietary notices or labels
  • Use the Service for unlawful purposes or in violation of any regulations
  • Share login credentials or allow unauthorized access
3. CRITICAL CALIBRATION DISCLAIMERS

3.1 CALIBRATION PROCEDURE DISCLAIMER

WARNING: The built-in calibration procedures, templates, calculations, and recommendations provided in this software are for GUIDANCE ONLY and are NOT guaranteed to be accurate, complete, or suitable for your specific requirements.

  • NOT CERTIFIED: These procedures are not certified or validated by any accreditation body
  • NOT GUARANTEED: We make no representations about accuracy, reliability, or compliance
  • YOUR RESPONSIBILITY: You must verify all procedures against applicable standards
  • NO SUBSTITUTION: These procedures do not replace professional calibration expertise

3.2 Professional Responsibility

YOU ACKNOWLEDGE AND AGREE:

  • You are solely responsible for all calibration work performed using this software
  • You must verify the accuracy and applicability of all procedures before use
  • You are responsible for compliance with all applicable industry standards (ISO/IEC 17025, NIST, etc.)
  • You must maintain proper calibration records and traceability independently
  • You are responsible for the competency and training of your personnel
  • You must use appropriate reference equipment and maintain proper environmental conditions

3.3 Equipment and Measurement Disclaimer

  • We are not responsible for calibration results obtained using your reference equipment
  • Measurement uncertainties, environmental conditions, and equipment limitations are your responsibility
  • Software calculations are based on standard formulas but may not account for all variables
  • You must validate all uncertainty calculations against your specific measurement setup
4. SOFTWARE "AS IS" DISCLAIMER

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

4.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
  • COMPLIANCE WITH INDUSTRY STANDARDS OR REGULATIONS
  • SUITABILITY FOR CALIBRATION OR MEASUREMENT PURPOSES

4.2 No Professional Advice

The Service does not provide professional calibration, engineering, or consulting advice. Any information, suggestions, or recommendations are general in nature and should not be relied upon without independent professional verification.

5. LIMITATION OF LIABILITY

IMPORTANT: Your use of this software is at your own risk. Our liability is strictly limited as described below.

5.1 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED:

  • The total amount you paid for the Service in the 12 months preceding the claim, OR
  • $100 USD, whichever is less

5.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • DATA LOSS OR CORRUPTION (beyond our data retention obligations)
  • BUSINESS INTERRUPTION OR DOWNTIME
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • CALIBRATION ERRORS, MEASUREMENT MISTAKES, OR FAILED CALIBRATIONS
  • REGULATORY NON-COMPLIANCE OR ACCREDITATION ISSUES
  • EQUIPMENT DAMAGE OR SAFETY INCIDENTS
  • REPUTATION DAMAGE OR LOSS OF CUSTOMERS

5.3 Time Limitation

Any claims against us must be brought within one (1) year after the cause of action arose, or such claim is permanently barred.

6. USER INDEMNIFICATION

6.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless MCP-CAL, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property rights
  • Any calibration work performed using the Service
  • Any data or content you submit to the Service
  • Your failure to comply with applicable laws or regulations
  • Any claims by your customers or third parties related to calibration services
  • Equipment damage, safety incidents, or personal injury related to your use of the Service

6.2 Defense and Settlement

This indemnification includes reasonable attorneys' fees and costs. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and all related content, features, and functionality are owned by MCP-CAL and are protected by:

  • Copyright, trademark, and patent laws
  • International treaties and conventions
  • Trade secret and confidentiality protections
  • Other intellectual property laws and regulations

7.2 Calibration Procedures and Templates

The built-in calibration procedures, calculation templates, and related materials are proprietary to MCP-CAL:

  • You may not copy, reproduce, or distribute these procedures outside the Service
  • You may not reverse engineer or extract the underlying methodologies
  • You may not create derivative works based on our procedures
  • Use is limited to your licensed access to the Service

7.3 Your Content

You retain ownership of any data, information, or content you submit to the Service. However, you grant us a license to use, store, and process this content solely for providing the Service.

8. User Conduct and Responsibilities

8.1 Professional Standards

You agree to use the Service in accordance with professional calibration standards and practices:

  • Maintain competency in calibration techniques and procedures
  • Follow applicable industry standards (ISO/IEC 17025, ANSI, NIST, etc.)
  • Ensure proper training and qualification of personnel
  • Maintain appropriate environmental conditions for calibration work
  • Use properly maintained and calibrated reference equipment

8.2 Data Accuracy and Security

  • Provide accurate and complete information when using the Service
  • Maintain the security and confidentiality of your account credentials
  • Promptly notify us of any unauthorized access or security breaches
  • Ensure backup and recovery procedures for critical calibration data

8.3 Compliance Obligations

  • Comply with all applicable laws, regulations, and industry standards
  • Obtain necessary licenses, permits, and certifications for your calibration business
  • Maintain appropriate insurance coverage for your professional activities
  • Handle customer data in accordance with applicable privacy laws
9. Service Availability and Support

9.1 Service Availability

While we strive to maintain high availability, we do not guarantee uninterrupted access:

  • Scheduled maintenance may temporarily interrupt service
  • Emergency maintenance may be performed without advance notice
  • Third-party service dependencies may affect availability
  • Network, hardware, or software issues may cause downtime

9.2 Support Limitations

  • Technical support is provided for software functionality only
  • We do not provide calibration consulting or professional advice
  • We do not validate or certify your calibration procedures
  • Support does not include training on calibration techniques
10. Termination

10.1 Termination Rights

Either party may terminate this agreement:

  • For material breach that remains uncured after 30 days written notice
  • For convenience with 30 days written notice
  • Immediately for violation of intellectual property rights
  • Immediately for illegal or harmful use of the Service

10.2 Effect of Termination

  • Your access to the Service will be immediately revoked
  • All licenses granted to you will terminate
  • You must cease all use of our intellectual property
  • Data export may be available for a limited time (see Privacy Policy)
  • Survival provisions will remain in effect
11. Governing Law and Disputes

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Texas, USA, without regard to conflict of law principles.

11.2 Dispute Resolution

  • Initial disputes should be addressed through good faith negotiation
  • Binding arbitration may be required for certain disputes
  • Class action lawsuits are waived to the extent permitted by law
  • Injunctive relief may be sought in appropriate courts for intellectual property matters
12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MCP-CAL regarding the Service and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

12.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

12.4 Force Majeure

We are not liable for any delays or failures in performance resulting from circumstances beyond our reasonable control.

Contact Information

If you have questions about these Terms of Service:

Email: legal@mcp-cal.com

Support: support@mcp-cal.com

Final Reminder

IMPORTANT: By using MCP-CAL, you acknowledge that you understand this software is a management tool only. You are solely responsible for all calibration work, accuracy verification, regulatory compliance, and professional standards. Use appropriate reference equipment, maintain proper procedures, and ensure adequate insurance coverage for your calibration business.

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