THIS DOCUMENT IS LEGAL DOCUMENT AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND REMEDIES, INCLUDING THE AGREEMENT ON APPLICABLE LAW AND JURISDICTION. PLEASE READ THIS DOCUMENT CAREFULLY.
MB Lumius is pleased to provide you with Calconic App (available at www.calconic.com, app.calconic.com, or through App Stores of third parties), which allows a user to build personalized calculators (hereinafter all calculators saved in the user’s account, regardless of their completeness, are referred to as "User Content"). All elements of Calconic App are referred to herein as the "Services" and may be modified from time to time at our sole discretion (without changing the essence of the Services). The words Calconic App and Services are used interchangeably in these Terms and Conditions.
Information about the features of Calconic App is provided on our feature page.
MB Lumius, company registered under the laws of the Republic of Lithuania (European Union), legal entity code 304227411, office address A. Goštauto str. 8-136, LT-01108 Vilnius, the Republic of Lithuania, email address email@example.com, is the provider of the Services (hereinafter referred to as the "SERVICES PROVIDER", "COMPANY", "WE", "US" OR "OUR").
THESE TERMS AND CONDITIONS, TOGETHER WITH OTHER DOCUMENTS LINKED IN THESE TERMS AND CONDITIONS, FORMS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("USER", "YOU" or "YOUR") AND THE COMPANY. THE AGREEMENT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF CALCONIC APP AND OTHER SERVICES OFFERED DIRECTLY BY COMPANY OR FROM TIME TO TIME OFFERED THROUGH THIRD PARTIES.
BY REGISTERING WITH US (CREATING AN CALCONIC ACCOUNT) AND USING CALCONIC APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. PLEASE SEE SECTION 11 FOR MORE DETAILS.
We reserve the right to change these Terms and Conditions as well as other terms of service (service plans, pricing, etc.) or to modify or discontinue the Services offered by Company at any time. If we change these Terms and Conditions or any other terms of service, we will post the revised Terms and Conditions and (or) other revised information on our website. Notices regarding such changes will also be sent to the email addresses of registered users of Calconic App. Those changes will go into effect on the effective date shown in the revised Terms and Conditions. Changes in pricing will go into effect no earlier than at the end of the current billing period of the specific User.
By continuing to use the Services after the new effective date, you agree to be bound by such changes.
A Calconic App account is required in order to receive and to take full advantage of the Services. The account can be created by filling out the appropriate form (Sign Up form). You shall provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. We are not responsible for any negative consequences you may suffer as a result of providing inaccurate information or failing to update it.
Accounts are personal and you may not assign a right to use your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services.
You will have the ability to pick an available username to link to your account (name indicated in the field “Name” of the Sign Up Form automatically becomes Your username). Please note that Company retains the right at any time to deactivate, reallocate or rename your username at its sole discretion (for example, when a trademark owner complains about the username, when the username consists of or relates to disrespectful or offensive phrases, etc.). In the event of the deactivation, reallocation or renaming of your username you will receive email notification. All your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
The Company offers both free and paid Services, depending on the selected Service (Pricing) Plan. The Company offers the following Service (Pricing) Plans: Free (Most Basic), Light (For Small Business), Regular (For Growth), and Bold (The Sky’s the Limit). More information about Our Service (Pricing) Plans and their characteristics is provided on our Pricing Page.
Unless you expressly choose one of the paid plans, upon registration (creation of Calconic Account) you will automatically be assigned Free (Most Basic) Plan. For the first 14 days you will also be able to access all the premium Calconic App features and tools (Trial Period). Once your free trial is over, you'll stay on Calconic's Free (Most Basic) Plan.
If you choose one of the paid plans, you are required to pay the applicable fee at the time you order the Services. Payments can be made using MasterCard, Maestro, Visa, and Discovery cards (available payment methods are subjects to change, please see our Pricing Page for up-to-date information)
All fees are in either in EUR (for users from EU) or USD (for all other users) and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If Company is obligated to collect or pay taxes for the fees payable by you (for example, VAT), and whether or not such taxes were added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding fees and will be reflected in the invoice for such transaction. Company will issue an invoice to you. When you access Calconic App through a third party’s App Store, App Store Owner may issue an invoice to you for using the Services (please see section 12 for more details).
You can choose between a quarterly or annual billing cycle (no monthly billing cycle is available). Fees can be lower when paying annually compared to paying quarterly. Your plan will be automatically renewed at the end of each billing cycle, unless you cancel your plan / switch to Free (Most Basic). You can also upgrade or downgrade your Service (Pricing) Plan at any time. Upgrading the Service in the middle of a billing cycle, you will be charged a prorated amount to cover the remainder of the billing cycle. When current billing cycle is over, you'll be charged the full price of a new plan for the next billing cycle. When downgrading the Service level, you will be billed for the new service level at the end of the current billing cycle. Therefore, downgrading will only take effect when current billing cycle ends.
Billing due date information is available on the Account & Billing page of your account. All billing cycles are in Universal Time Coordinated (UTC). Company reserves the right to change the amount of the fee. All fees for using the Services are subject to change upon Company‘s 30 days’ prior notice and in all cases will be applicable only to the future billing cycles. Such notice may be provided at any time by sending it to the email address of the user. Changes in pricing will also be posted on Our website.
In the event you had 14 days free trial during which you have had the opportunity to try all the premium features and tools of Calconic App, the Company will offer any refunds to you. In the event you have started paid Service (Pricing) Plan without 14 days free trial, the Company will offer 30-day money back guarantee (refund). This refund is applicable only to the first-time subscribers who cancel paid Service (Pricing) plan within 30 days of the beginning of the billing cycle. If you are a consumer, opportunity to either take advantage of a free trial or 30-day money back guarantee counts as your right of withdrawal. Refund is also offered if the Company unilaterally terminates the Agreement prior to the end of the billing cycle (refund is for the period from the termination of the Agreement until the end of the scheduled billing cycle). Any other refunds are offered by the Company.
Calconic App is not intended for children under 14, and persons under the age of 14 are prohibited from registering with or using the Services. You represent and warrant that (1) you are more than 18 years of age or, (2) if you are above 16 and below 18 years of age, you are emancipated or, (3) if you are above 14 and below 18 years of age, you possess respective legal parental or guardian consent, and in all of the abovementioned case you are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
Irrespective of whether you gain access to Calconic App directly from us or through third party App Stores, the Company is the owner of the Services and all intellectual property rights related to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, Calconic technology and/or the Company’s or its licensors (if any) intellectual property rights. The Calconic name and logo are trademarks of the Company, and no right or license is granted to use them (except when Calconic trademark is indicated on the calculator). All rights not expressly granted herein are reserved by us.
Upon creation of your account, the Company grants you a personal, revocable, non-exclusive, non-transferable worldwide license (without a right to sublicense) to use Calconic App, including calculators created through Calconic App, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove your Content at our discretion at any time. The license remains valid while you use the Services. License, including the license to use calculators that are already in use, is terminated when you stop use of Services and/or the Company suspends or terminates provision of Services or User Account.
The Services are provided only through the servers of the Company and it is strictly prohibited to host the Calconic App on any other platform.
The Company also respects efforts and intellectual property of the users of the Services. Therefore, when users create their calculators from blank (without using a template), the Company does not use such calculators without a permission of a user. Such permission is received when the user joins the Calconic Community. By joining the Calconic Community, the user grants the Company a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable licence to use, reproduce, distribute, prepare derivative works of, combine with other works, display your User Content in connection with provision of the Services and the Company’s business, including without limitation, use for promotional purposes in any media formats and through any media channels.
You are responsible for your use of the website and Services, and for any use of Services made using your account. Our goal is to create a positive, rewarding, and safe experience in connection with the Calconic App. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company. When you use the Our Services, you may not violate any law or regulation; violate, infringe, or misappropriate other people's legal rights; or attempt to circumvent any technological measure implemented by Company or any other third party to protect the functioning of Calconic App.
We appreciate your feedback and suggestions about our Services.
COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE CALCONIC APP / SERVICES.
TO THE MAXIMUM EXTENT PERMITED BY LAW THE SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS”. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to attempt to provide this the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE OR THE CALCONIC APP / SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE CALCONIC APP / SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE MALFUNCTIONING OF THE CALCONIC APP / SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE FUNCTIONING OF THE CALCONIC APP / SERVICES WILL NOT BE INTERRUPTED BY MALFUNCTIONING OF DATA STORAGE SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE CALCONIC APP / SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION.
This Agreement will be governed by and interpreted in accordance with the laws of the Republic of Lithuania without regard to any conflict of laws principles. If you are an EU consumer, the laws of the Republic of Lithuania will still govern all claims related to the Company’s provision of Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
In the unlikely event we end up in a legal dispute, it shall be resolved by negotiations. Should we fail to reach an agreement on any dispute, disagreement or claim related to the provision of the Services, such dispute, disagreement or claim shall be referred to Lithuanian court at the place of business of the Company. If You are an EU consumer, proceedings may also be instituted at a member state you are domiciled, or you can choose online dispute resolution and submit a complaint through http://ec.europa.eu/odr/.
When you get access to Calconic App through a third party’s App Store you acknowledge that the agreement for the provision of the Services is concluded between you and Us and not with the owner or operator of the App Store ("App Store Owner"). As between the App Store Owner and Us, We, and not the App Store Owner, are solely responsible for the Services related to the operation of the App, its maintenance, support services, and addressing any claims relating thereto. In order to use the App, you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services. Your use of the Calconic App must comply with the App Store’s "Terms of Service" or equivalent terms. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the Calconic App. You may send your requests with regard to the maintenance of the App to us at firstname.lastname@example.org.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
You may contact Us by email: email@example.com.
This Agreement, including the documents referenced in this Agreement, constitutes the entire agreement between you and the Company with respect to the use of the Services and supersedes any and all prior agreements between you and the Company.
You may cancel your Calconic account and terminate this Agreement at any time by contacting Us. Upon termination of the Agreement by either party for any reason, Company will cease to provide you with the Services and you will no longer be able to access your Calconic account.
If at a date of termination of the Agreement, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again for those Services.