Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CalcKit, acceptance is expressly limited to these terms.
1. Your CalcKit Account
If you have an account on the Website, you are responsible for maintaining the security of your account (e-mail used, password or username) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not create or modify your calculators in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CalcKit may change or remove any calculator that it considers inappropriate or unlawful, or otherwise likely to cause CalcKit liability. You must immediately notify CalcKit of any unauthorized uses of your account or any other breaches of security. CalcKit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
By using the Website, you are entirely responsible for:
• providing valid user data (e-mail, name, etc.); • not using the Website for any illegal or abusive activity; • securing any e-mail, password or username of your account; • only having a single account;
CalcKit has the right (though not the obligation) to, in CalcKit’s sole discretion (i) refuse or remove any content (calculators) that, in CalcKit’s reasonable opinion, violates any CalcKit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CalcKit’s sole discretion. CalcKit will have no obligation to provide a refund of any amounts previously paid.
3. Services Provided
CalcKit provides many calculators for mathematics, electronics, physics and other calculations. We also provide you the possibility to create your own (custom) calculators.
An optional Premium Plan that offers more features, for example the ability to create more than 10 calculators can be purchased.
4. Payment and Renewal
Optional paid services such as extra calculators are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay CalcKit the fee indicated for that service. The payment will be charged on the day you sign up for an Upgrade and will cover the use of that service for the indicated period. CalcKit reserves the right to change the payment terms and fees at any time
Minimal Hardware and Software Requirements for Using CalcKit
CalcKit can be used with any operating system (including mobile) that can run a modern browser (Google Chrome, Firefox, Opera, Safari).
Services provided by CalcKit can be purchased through the “Account Settings” that can be reached after logging in the website. The process works as:
• You select the desired Premium Plan • Complete the payment with a credit card, debit card or PayPal • CalcKit sends you an e-mail with the Premium License Code • Log into your account at https://app.calckit.io • Open your Account Settings • Enter your license code and click “Activate”
The payments will be processed by FastSpring.com
All payments within CalcKit are one-time payments. CalcKit does not offer automatic renewal of the Upgrades.
Upgrades you purchase from CalcKit are eligible for refund if we receive your request within seven days of the date of purchase.
5. Delivery Policy
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
6. Intellectual Property
This Agreement does not transfer from CalcKit to you any CalcKit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CalcKit. CalcKit, the CalcKit logo, and all other trademarks, service marks, graphics and logos used in connection with CalcKit, or the Website are trademarks or registered trademarks of CalcKit or CalcKit’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CalcKit or third-party trademarks.
CalcKit reserves the right to display advertisements on your account unless you have purchased a Premium Upgrade.
CalcKit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CalcKit may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
CalcKit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CalcKit account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is”. CalcKit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CalcKit nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability
In no event will CalcKit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CalcKit under this agreement during the twelve (12) month period prior to the cause of action. CalcKit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You agree to indemnify and hold harmless CalcKit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between CalcKit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CalcKit, or by the posting by CalcKit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Belgium. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CalcKit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.