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CaliberControl — SaaS Terms of Service for Range Operators

Effective Date: [EFFECTIVE DATE]

These Terms of Service ("Agreement") are entered into between Max Dev Contracting LLC, a Utah S-Corporation ("CaliberControl," "we," "us," or "our"), and the entity or individual subscribing to the CaliberControl platform ("Range 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, and related documentation.

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

1.3. "Range 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.

1.4. "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.

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

3. Subscription Terms and Billing

3.1. Plans and Pricing. CaliberControl is offered on a monthly subscription basis. Current pricing ranges from $99 to $149 per month per range location, depending on the selected plan. Pricing is subject to change with thirty (30) days' prior written notice.

3.2. Billing. All payments are processed through Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis. 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 shooting range(s).

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 Firearms Laws. You are solely responsible for ensuring that your range operations comply with all applicable federal, state, and local firearms laws and regulations. CaliberControl is a management tool and does not provide legal advice or ensure regulatory compliance on your behalf.

5. Data Ownership and Responsibilities

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

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

5.3. 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.

5.4. 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, and payment processing.

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

6. Service Availability

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

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

6.3. 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.

7. Intellectual Property

7.1. 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.

7.2. 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.

7.3. Your Brand. You grant us a limited, non-exclusive license to display your business name and logo on the Platform as necessary to provide the services. You may revoke this license at any time by written notice.

8. Limitation of Liability

8.1. 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.

8.2. 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.

8.3. 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.

9. Indemnification

9.1. 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;
  4. Any claim by an End User related to your range operations, safety practices, or waiver enforceability;
  5. Your collection, use, or processing of End User data; or
  6. Any third-party claim arising from your content or Range Data.

10. Termination

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

10.2. 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).

10.3. 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 5.1, 7, 8, 9, 11, and 12 survive termination.

11. Data Export and Deletion

11.1. Data Export. Upon your written request made within thirty (30) days of termination, we will make your Range 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.

11.2. Data Deletion. After the thirty (30) day export period, we will delete your Range 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.

12. Dispute Resolution

12.1. 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.

12.2. 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.

12.3. 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.

12.4. 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.

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

13. General Provisions

13.1. 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.

13.2. 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.

13.3. 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.

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

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

13.6. 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.

13.7. 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.

13.8. 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.

14. Contact Information

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

Max Dev Contracting LLC
Email: support@calibercontrol.com
Website: https://calibercontrol.com