1. Acceptance of Terms
By accessing or using ExCaliburr ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and ExCaliburr ("Company," "we," "us," or "our"), a business operating under the laws of the State of Ohio.
2. Description of Service
ExCaliburr is a music queue management platform designed for ice skating clubs. The Service allows clubs to manage skater programs, practice timers, and session queues. Music files uploaded to the Service are stored locally on the user's device and are never transmitted to or stored on ExCaliburr's servers.
3. Eligibility
You must be at least 18 years of age to create an account and enter into a subscription agreement. By using the Service, you represent that you are 18 or older and have the legal authority to bind the organization on whose behalf you are registering.
4. Account Registration
To access paid features, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized use at support@calibursolutions.com
We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
5. Plans, Billing and License Keys
ExCaliburr is offered in two ways:
- Free Demo: up to 5 skater programs and 3 skaters in the queue at once, in your web browser, at no charge.
- ExCaliburr Annual: unlimited skaters and skater programs, $299 per year, billed in advance for a 12-month term. Includes use in the web browser and a desktop installer.
Desktop installs are activated with a license key tied to one computer and valid for 12 months from the date it is issued. A key may not be shared, copied, or used on a different computer; if you replace your computer, contact us and we will reissue your license. When a license expires, the software returns to the free demo limits until you renew, and your data is not deleted. All fees are in US dollars. Prices are subject to change with 30 days' written notice to your registered email address, and changes do not affect a term you have already paid for.
6. Refund Policy
The annual license is eligible for a full refund if requested within 14 days of the initial purchase. After 14 days, the annual license is non-refundable. Refund requests must be submitted to support@calibursolutions.com.
7. Music and Copyright
You are solely responsible for ensuring that you have the legal right to use any music played through the Service. This includes obtaining appropriate licenses through organizations such as ASCAP, BMI, or SESAC if required for your public performance context. ExCaliburr makes no representations regarding the legality of any music played at your events.
8. Acceptable Use
You agree not to use the Service to:
- Violate any applicable federal, state, or local laws, including Ohio Revised Code
- Infringe upon the intellectual property rights of others
- Attempt to gain unauthorized access to any part of the Service
- Share account credentials with unauthorized users
- Reverse engineer, decompile, or disassemble the Service
- Use the Service for any unlawful or fraudulent purpose
9. Intellectual Property
The Service, including all software, design, text, graphics, and logos, is the exclusive property of ExCaliburr and is protected by United States copyright law and applicable international treaties. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your club's internal operations during the term of your subscription.
10. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCALIBURR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY OHIO LAW, EXCALIBURR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF EXCALIBURR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless ExCaliburr and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
14. Termination
Either party may terminate this agreement at any time. We reserve the right to suspend or terminate your account immediately, without prior notice, if we determine that you have violated these Terms. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Ohio. You waive any objection to the laying of venue of any such proceeding in Ohio.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email to your registered address. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ExCaliburr with respect to the Service and supersede all prior agreements, understandings, and representations.
19. Contact
If you have any questions about these Terms, please contact us at:
ExCaliburr
Ohio, United States
Email: support@calibursolutions.com