Terms of Service

Last updated: 12/01/2024

1. Acceptance of Terms

By accessing and using CalibrateUs, you accept and agree to be bound by the terms and provision of this agreement. Through https://www.calibrateus.com ("Website") you ("you" or "User") agree to be bound by these terms and conditions. If you do not agree to these terms, please discontinue use of the Service.

1.2 Subject to Terms

User's access to and use of the Platform is subject exclusively to this Agreement. By using the Platform, User consents to the terms and conditions outlined in this Agreement, including any updates or revisions to this Agreement published by the Company.

2. ACCESS RIGHTS AND USERS

2.1 License Scope

Company grants you a limited, non-exclusive, non-transferable license to access and use the Service. Access is restricted to authorized users within your organization. Exceeding permitted user counts will result in additional fees.

2.2 User Content License

User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display User-generated content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

2.3 Termination and Suspension

The Company reserves the right, at its sole discretion, to terminate or suspend User's account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of this Agreement.

3. SERVICE DESCRIPTION AND WARRANTIES

3.1 Service Performance

Company will provide the Service with reasonable skill and care, but does not guarantee any specific percentage of uptime. Company makes no guarantees regarding specific results from use of the Service.

4. USER RESPONSIBILITIES

4.1 Account Security

You are solely responsible for maintaining the security of your account credentials and all activities occurring under your account.

4.2 Data Input Requirements

You are solely responsible for the accuracy and completeness of information that you enter into the Platform.

4.3. Your Use of the Platform

You to use the Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Platform. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Platform.

5. DATA OWNERSHIP AND SECURITY

5.1 Data Ownership

You retain ownership of all data that you upload to the Service. You grant Company a royalty-free, non-exclusive license to store, process, and analyze the uploaded data.

5.2 Data Security

Company will maintain industry-standard security measures. Company will encrypt data in transit and at rest. Company will perform regular security audits and backups as reasonable.

6. INTELLECTUAL PROPERTY

6.1 Company Property

All materials, products, and services provided on the Website are the property of Tenured, LLC, including all copyrights, trade secrets, trademarks, patents, and other intellectual property.

6.2 Restrictions on Use

You agree that you will not: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, or algorithms of the Service; Modify, translate, or create derivative works based on the Service; Copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; and/or Use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Our Privacy Policy, available at https://www.calibrateus.com/privacy, is hereby incorporated by reference into these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy and agree to the collection, use, and disclosure of your information as described therein.

7.2 Data Processing

We collect and process personal information in accordance with our Privacy Policy and applicable data protection laws.

8. PRICING AND SUBSCRIPTION

8.1 Payment Terms

Fees may based on subscription tier and usage as posted on the Website and may be changed from time to time. Payments are due in advance. Company reserves the right to modify pricing with 30 days notice to User.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 LIMITATION OF LIABILITY

IN NO EVENT SHALL TENURED, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE USER'S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE USER'S TRANSMISSIONS OR CONTENT. TENURED, LLC'S TOTAL LIABILITY TO THE USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USER'S USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.2 INDEMNIFICATION

THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS TENURED, LLC, ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND PARTNERS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USER'S USE OF THE PLATFORM, THE USER'S VIOLATION OF THIS AGREEMENT, OR THE USER'S VIOLATION OF ANY RIGHTS OF ANOTHER. TENURED, LLC RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE USER, IN WHICH EVENT THE USER SHALL COOPERATE WITH TENURED, LLC IN ASSERTING ANY AVAILABLE DEFENSES.

10. TERM AND TERMINATION

10.1 Subscription Period

Initial term begins on acceptance of this Agreement. Any subscription remains subject to automatic renewal unless cancelled 30 days prior.

10.2 Company Rights

Tenured, LLC reserves the right to terminate accounts, remove content, or cancel services at our sole discretion.

11. MODIFICATIONS

11.1

The Company may amend this Agreement at any time by posting a revised version on the Platform. The User's continued use of the Platform after the effective date of any such amendments constitutes their acceptance of the amended Agreement.

12. GOVERNING LAW

12.1 Governing Law

Any disputes shall be governed by Colorado state law and federal laws, without regard to principles of conflict laws.

12.2 Arbitration

Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration conducted in Denver, Colorado, in accordance with the rules of the American Arbitration Association.

13. CONTACT INFORMATION

13.1

For DMCA or other legal notices: justin@tenured.me

13.2 Mailing address

Tenured, LLC 10770 Worchester Way Commerce City, CO 80022

14. MISCELLANEOUS

This Agreement, together with any amendments and any additional agreements the User may enter into with the Company in connection with the Platform, shall constitute the entire agreement between the User and the Company concerning the Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.