Terms of use

The Terms of Use are effective as of 25 May 2023. Click here for the previous version.

The Terms of Use includes all the content on this web page, including content under this heading and all subsequent headings.

The term “Services” refers to the software on the website, the software functions, the software calculations, the content of the software, any other information on the website, any reports generated by the software, and any communication to You, including writing, email, text, social media, telephone and verbal.

The Services are provided under the business name Adam van Staden with the ABN number 21379926067 and domain name jcalc.net. From here on referred to as “jCalc”, "Our", "We" or "Us".

jCalc will use, other "Service Providers", including individuals, employees, trusts, organizations, contractors, partnerships, businesses and companies to provide the Services. The Service Providers will be, bound by their agreements, terms and policies, as far as reasonably possible and practical, to comply with these Terms of Use.

The term "You" or "Your" refers to You as an individual and to the business on whose behalf You are using the Services.

The term “Privacy Policy” refers to the policy on how jCalc manages Your personal information.

The term "Stripe" refers to the Stripe.com payment system.

Acceptance of Terms of Use

By accessing or using the Services, You acknowledge that You have read, understood, and agreed to the Terms of Use. And You agree to comply with the Terms of Use. If You do not agree, please do not access, or use, the Services.

When You use the Services on behalf of a business, both You and that business accept the Terms of Use.

jCalc reserves the right to modify or update the Terms of Use at any time. It is Your responsibility to review the Terms of Use periodically. Continued use of the Services after changes imply acceptance by You of the modified Terms of Use.

Privacy and Data

By using the Services, You agree that jCalc can use Your personal information according to the Privacy Policy.

jCalc reserves the right to modify the Privacy Policy at any time. It is Your responsibility to review Privacy Policy periodically. Continued use of the Services after changes imply acceptance by You of the modified Privacy Policy.

User Responsibilities

You must maintain the security and confidentiality of Your account information.

You may not share Your account login information with another person.

You must keep Your personal and billing information on Your jCalc account up to date.

You must review the Terms of Use periodically.

You must review the Privacy Policy periodically.

Using our Services

You must be appropriately qualified and skilled to use the Services.

If You use the Services to provide services including design, installation, testing, consulting, inspection, verification, or training, You must be appropriately qualified and skilled to provide such services.

You must use the Services in compliance with all applicable laws and regulations.

You may not use the Services for any illegal or unauthorized purposes.

You may not misuse the Services.

You must use the Services fairly and reasonably.

Subscription and Payment

Some of the premium Services require an active paid subscription to access and use.

By purchasing a subscription, You agree to pay the specified fees according to the chosen subscription plan.

The subscription will renew automatically at the end of the term, and You will be billed automatically.

If the payment fails, for whatever reason, Your subscription will be terminated.

It is Your responsibility to ensure the accuracy and completeness of Your billing information, and that You have sufficient funds in Your account to pay for the subscription renewal.

You can update or modify Your billing details through Your account settings or by contacting jCalc.

jCalc is not liable for any consequences arising from the inaccurate or outdated billing information provided by You.

If You do not want Your subscription to renew automatically, You must cancel Your subscription. You can do this through Your account settings or by contacting jCalc. In this case, You will have access to the premium Services until the subscription term expires.

A subscription is limited to one person only. You may not share Your account login details with another person.

If more than one person needs to use the Services, You will have to purchase more subscriptions.

You may not use a generic login account that multiple users can access.

Payments will be processed through the Stripe payment system, and You authorize Us to charge the applicable fees.

Subscription fees are non-refundable, except as required by law.

jCalc reserves the right to terminate or suspend Your access to the software at any time, without prior notice, for any reason.

Either party may terminate the subscription at any time, for any reason.

When You terminate Your subscription, Your payment will not be refunded in full, in part, or as pro rata.

When jCalc terminates Your subscription, Your subscription may be refunded, depending on the reason for termination. This is entirely at Our discretion.

Upon termination, Your rights to use the software will cease.

Upon termination, Your access to the premium Services will be revoked. And You will not have access to any of Your information, including personal information, software application data or generated reports. And jCalc will not provide You with this information in any format whatsoever.

Intellectual Property

All intellectual property rights, including copyrights and trademarks, related to the Services belongs to jCalc.

You may not distribute, sub-license, sell, or lease the Services.

You may not modify, copy, reproduce, adapt, translate, or create derivative works of the Services.

You may not reverse engineer, decompile, or disassemble the Services.

You may not remove any proprietary notices or labels from the Services.

You may not use the Software to infringe upon the intellectual property rights of others.

Updates to Services

jCalc strives to provide regular updates to improve the Services.

jCalc reserves the right to modify, add, suspend and remove Services at any time.

Support

jCalc will provide reasonable support to users with a paid subscription.

The support is limited to calculator functionality only, and not design support.

Support is limited to email communication only.

Support will be provided during normal business hours only.

jCalc may provide support to users without a paid subscription. This is entirely at Our discretion.

Limitation of Liability

While jCalc strives to provide accurate Services, the Services may contain errors or inaccuracies. jCalc is not responsible for any damages or losses arising from reliance on the Services.

jCalc does not guarantee, or make any commitments, about the accuracy, reliability, availability, or completeness of the Services. jCalc provide the Services “as is”.

jCalc shall not be held liable for any direct, indirect, incidental, or consequential damages arising from Your use, or inability to use, the Services directly, indirectly, or incidentally. You use the Services entirely at Your own risk.

These terms explicitly exclude any warranty, condition or other undertaking implied at law or by custom.

The software may include third-party content or links to external websites. jCalc does not endorse or control these third-party resources and is not responsible for their content or actions.

Indemnification

You agree to indemnify, defend, and hold jCalc harmless from any claims, damages, losses, suits, judgments, litigation costs, or expenses (including legal fees) arising out of Your use of, or inability to use, the Services or any violation of the Terms of Use.

Jurisdiction

The Terms and Conditions are governed by the laws of Western Australia

Any disputes arising from or related to the Services shall be subject to the exclusive jurisdiction of the courts in Western Australia.

You cannot object to the jurisdiction of any of the courts in Western Australia on the ground that it is an inconvenient forum or that it does not have jurisdiction.

jCalc makes no representation that the Services are appropriate or available for use in particular locations and jurisdictions.

Communication

Any communication from You, including comments, suggestions and ideas for improvements are considered for improvements and updates to the Service. jCalc is under no obligation to implement or act on Your comments, suggestions or ideas.

jCalc shall be free to use Your comments, suggestions, or ideas for any purpose whatsoever on an obligation-free, perpetual, royalty-free basis.

jCalc may send You emails about updates to the Services. This is entirely at Our discretion. You may opt out of some of these communications.

jCalc is under no obligation to send You emails about updates to the Services, Terms of Use or the Privacy Policy. It is Your responsibility to review these periodically.

jCalc may send You administrative emails about Your account, including billing information. This is entirely at Our discretion. You can not opt out of these communications.

Entire Agreement

These Terms of Use constitute the entire agreement between You and jCalc, superseding any prior agreements, understandings, or assumptions, including written or oral relating to the Services.