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CaliberControl Facility Operator Terms of Service

Effective Date: August 26, 2026

These Terms of Service ("Agreement") are entered into between Maxdev Contracting LLC, a Utah limited liability company doing business as CaliberControl ("CaliberControl," "we," "us," or "our"), and the entity or individual subscribing to the CaliberControl platform ("Facility Operator," "Operator," "you," or "your"). By accessing or using CaliberControl, you agree to be bound by this Agreement.

1. Definitions

1.1. "Platform" means the CaliberControl software-as-a-service application accessible at https://calibercontrol.com, including all features, tools, APIs, mobile applications (including Operator-branded versions of the mobile application), and related documentation.

1.2. "Facility" means a sport or recreation facility you operate and manage through the Platform, such as a shooting range, pickleball club, or other racquet sport or recreation facility.

1.3. "End User" means any individual who accesses the Platform through your Facility's booking pages, mobile applications, waiver systems, or other customer-facing features.

1.4. "Facility Data" means all data you or your End Users submit to the Platform in connection with your use, including but not limited to business information, employee accounts, customer records, reservation data, and digital waiver signatures.

1.5. "Subscription Plan" means the specific tier of service you have selected, as described on our pricing page or in an applicable order form.

2. Account Registration and Eligibility

2.1. You must provide accurate and complete registration information and keep it current.

2.2. You represent that you are authorized to bind the entity on whose behalf you are subscribing.

2.3. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, including the accounts of staff members you authorize.

2.4. You must promptly notify us of any unauthorized use of your account.

3. Subscription Terms and Billing

3.1. Plans and Pricing. The fees for your Subscription Plan, and for any optional add-ons or additional Facility locations, are those stated on our pricing page or in your order form at the time you subscribe. Depending on the plan you select, fees are billed on a recurring monthly or annual basis. Pricing is subject to change with thirty (30) days' prior written notice; changes take effect at your next renewal.

3.2. Billing. All payments are processed through Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring basis for your selected billing cycle. You are responsible for keeping your payment information current.

3.3. Taxes. All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies arising from your subscription, excluding taxes based on our net income.

3.4. Late Payments. Overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend access to the Platform for accounts with balances overdue by more than fifteen (15) days.

3.5. Cancellation. You may cancel your subscription at any time through your account settings or by contacting us at support@calibercontrol.com. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

3.6. Downgrades. If you downgrade your Subscription Plan, the new pricing takes effect at the start of the next billing cycle. Feature access may be adjusted accordingly.

4. Use of the Platform

4.1. License Grant. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business operations related to managing your Facility or Facilities.

4.2. Acceptable Use. You agree not to:

  1. Use the Platform for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
  2. Upload, transmit, or store any content that is defamatory, obscene, fraudulent, or that infringes on any third party's rights;
  3. Attempt to gain unauthorized access to the Platform, other accounts, or any related systems or networks;
  4. Interfere with or disrupt the integrity or performance of the Platform;
  5. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
  6. Resell, sublicense, or redistribute access to the Platform without our prior written consent;
  7. Use the Platform to send unsolicited communications (spam) to End Users; or
  8. Use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks.

4.3. Compliance with Laws. You are solely responsible for ensuring that your Facility and its operations comply with all laws applicable to your business, including business licensing, health and safety, consumer protection, and employment laws (including any notice or consent your jurisdiction requires before recording the location of staff time-clock punches). If you operate a shooting range or other firearms facility, you are additionally solely responsible for compliance with all applicable federal, state, and local firearms laws and regulations, including verifying the age and legal eligibility of your customers to participate in firearms activities. CaliberControl is a management tool and does not provide legal advice or ensure regulatory compliance on your behalf.

5. Payment Processing for Your Facility

5.1. Stripe Connect. Payments from your End Users are processed through Stripe Connect. To accept payments, you must establish and maintain a Stripe connected account and accept Stripe's applicable agreements, including the Stripe Connected Account Agreement. Your ability to accept payments and receive payouts is subject to Stripe's approval and terms.

5.2. Merchant of Record. You are the merchant of record for sales to your End Users. You are responsible for the goods and services you sell, for your refund, cancellation, no-show, and membership policies, and for honoring them.

5.3. Refunds, Chargebacks, and Disputes. Refunds to End Users, chargebacks, payment disputes, and any associated processor fees are your responsibility and are debited from your connected account in accordance with Stripe's terms. Platform subscription fees owed to us under Section 3 are separate from End User payment flows and are non-refundable except as expressly stated.

5.4. Sales Taxes. You are responsible for determining, configuring, collecting, and remitting any sales or similar taxes that apply to your sales to End Users, including maintaining any registrations required in the jurisdictions where you operate.

6. Data Ownership and Responsibilities

6.1. Your Data. You retain all right, title, and interest in and to your Facility Data. We do not claim ownership of any data you or your End Users submit through the Platform.

6.2. License to Us. You grant us a limited, non-exclusive license to use, process, store, and transmit Facility Data solely as necessary to provide and improve the Platform and related services.

6.3. Data Processing. We act as a data processor with respect to End User data collected through your use of the Platform. You are the data controller and are responsible for ensuring that your collection and use of End User data complies with all applicable privacy laws.

6.4. End User Consent. You are responsible for obtaining all necessary consents from End Users for the collection, use, and processing of their personal data through the Platform, including for digital waivers, location data collected at waiver signing, payment processing, and information about minors provided by their parents or guardians.

6.5. Staff Data. If you use Platform features that process your employees' or contractors' data, such as staff accounts or the time clock (which records punch times and approximate device location), you are responsible for providing any notices and obtaining any consents required by applicable employment and privacy laws.

6.6. Data Security. We implement commercially reasonable administrative, technical, and physical safeguards to protect Facility Data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

7. Messaging and Marketing Compliance

7.1. The Platform allows you to send transactional and, where enabled, marketing communications to your End Users by email, text message, and push notification.

7.2. For any marketing communication you initiate through the Platform, you are responsible for having the recipient's valid consent as required by applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and applicable carrier and industry rules. You warrant that your recipient lists reflect only individuals who have provided the required consent to you.

7.3. The Platform enforces certain safeguards, such as honoring opt-outs (including STOP replies and unsubscribe links), quiet hours, and send-frequency limits. These safeguards do not relieve you of your own compliance obligations, and you remain responsible and liable for the content, targeting, and lawfulness of the communications you initiate.

8. Waivers and Sample Content

8.1. The Platform may provide waiver templates or other sample content as a convenience. Sample content is provided as is, is not legal advice, and is not guaranteed to be enforceable or appropriate for your Facility or jurisdiction. You must have your own legal counsel review any waiver or legal content before using it.

8.2. You determine the content of your waivers, whether they are required, how long signed records are retained, and how they are used. We store signed waiver records on your behalf, together with signing evidence designed to support electronic-signature requirements under ESIGN and UETA.

9. Branded Mobile Applications

9.1. Where your Subscription Plan includes an Operator-branded mobile application, the application is published under your own Apple Developer and Google Play developer accounts. You authorize us to build, configure, and submit the application on your behalf.

9.2. You are responsible for establishing and maintaining those developer accounts, including any organization verification (such as a D-U-N-S number), account fees, and compliance with Apple's and Google's developer and store policies. App store availability and review timelines are controlled by Apple and Google, not by us.

10. Service Availability

10.1. Uptime. We use commercially reasonable efforts to maintain Platform availability. We do not guarantee uninterrupted or error-free operation of the Platform.

10.2. Scheduled Maintenance. We may perform scheduled maintenance that temporarily limits Platform availability. We will provide reasonable advance notice of planned maintenance when practicable.

10.3. No SLA Guarantees. Unless separately agreed to in writing, this Agreement does not include a formal service level agreement. We are not liable for any downtime, data loss, or service interruptions.

11. Intellectual Property

11.1. Our IP. The Platform, including all software, designs, text, graphics, logos, and other materials, is owned by or licensed to CaliberControl and is protected by copyright, trademark, and other intellectual property laws. Nothing in this Agreement transfers any ownership of our intellectual property to you.

11.2. Feedback. If you provide suggestions, ideas, or feedback regarding the Platform ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Platform without obligation to you.

11.3. Your Brand. You grant us a limited, non-exclusive license to display your business name, logo, and branding on the Platform, and to use them in building and submitting any Operator-branded mobile application under Section 9, as necessary to provide the services. You may revoke this license at any time by written notice.

12. Limitation of Liability

12.1. Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALIBERCONTROL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3. Cap on Liability. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

13.1. Your Indemnification. You agree to indemnify, defend, and hold harmless CaliberControl and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  1. Your use of the Platform;
  2. Your violation of this Agreement;
  3. Your violation of any applicable law or regulation, including firearms, employment, tax, or messaging-consent laws;
  4. Any claim by an End User related to your Facility operations, safety practices, or waiver enforceability;
  5. Your collection, use, or processing of End User or staff data;
  6. Communications you initiate through the Platform; or
  7. Any third-party claim arising from your content or Facility Data.

14. Termination

14.1. Termination by You. You may terminate this Agreement at any time by canceling your subscription as described in Section 3.5.

14.2. Termination by Us. We may suspend or terminate your access to the Platform immediately upon written notice if:

  1. You breach any material term of this Agreement and fail to cure such breach within fifteen (15) days of receiving notice;
  2. You fail to pay any amounts due within thirty (30) days of the due date;
  3. You engage in conduct that we reasonably determine may expose us to legal liability; or
  4. We cease offering the Platform (with at least sixty (60) days' prior notice).

14.3. Effect of Termination. Upon termination:

  1. Your access to the Platform will be disabled;
  2. All fees owed through the date of termination remain due and payable; and
  3. Sections 6.1, 11, 12, 13, 15, and 16 survive termination.

15. Data Export and Deletion

15.1. Data Export. Upon your written request made within thirty (30) days of termination, we will make your Facility Data available for export in a standard machine-readable format (e.g., CSV or JSON). We may charge a reasonable fee for data export requests that are unusually large or complex.

15.2. Data Deletion. After the thirty (30) day export period, we will delete your Facility Data from our active systems within a commercially reasonable timeframe. Residual copies in backups will be deleted in accordance with our standard backup rotation schedule, typically within ninety (90) days.

16. Dispute Resolution

16.1. Informal Resolution. Before initiating formal dispute resolution, you agree to contact us at support@calibercontrol.com and attempt to resolve the dispute informally for at least thirty (30) days.

16.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Salt Lake City, Utah.

16.3. Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information without first engaging in arbitration.

16.4. Class Action Waiver. All disputes shall be resolved on an individual basis. Neither party shall bring or participate in any class action, class arbitration, or other representative proceeding.

16.5. Costs. Each party shall bear its own costs and attorneys' fees in connection with any arbitration, unless the arbitrator determines otherwise.

17. General Provisions

17.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.

17.2. Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings.

17.3. Amendments. We may update this Agreement from time to time. We will notify you of material changes at least thirty (30) days before they take effect. Your continued use of the Platform after such changes constitutes acceptance of the updated terms.

17.4. Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.5. Waiver. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

17.6. Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17.7. Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service disruptions.

17.8. Notices. All notices under this Agreement shall be in writing and sent to the email address associated with your account or to support@calibercontrol.com for notices to us.

18. Contact Information

If you have questions about this Agreement, please contact us:

Maxdev Contracting LLC, d/b/a CaliberControl
Email: support@calibercontrol.com
Website: https://calibercontrol.com