FittingsOS Terms of Service
FittingsOS (domain fittingsos.com)
Effective date: November 10, 2026 Instrument version: 2026.11.10-1 Incorporated Privacy Policy version: 2026.10.14-1 Incorporated DPA version: 2026.10.14-2 Software version contemporaneous with this instrument: 2026.10.06-1
This FittingsOS Terms of Service (also referred to as Terms of Use and Terms and Conditions), Limited License, Beta Software Acknowledgement, Assumption of Risk, Release, Indemnity, and Electronic Signature Agreement (these “Terms”) is a legally binding instrument by and between Montes Software LLC, a California limited liability company (“Provider,” “we,” “us”), doing business as FittingsOS (domain fittingsos.com), and the individual who clicks “Accept” or checks the sign-in agreement box and any organization that individual represents (together, “you,” “User,” or “Customer”). These Terms are the Terms of Service, Terms of Use, and Terms and Conditions of FittingsOS.
THESE TERMS INCLUDE A BROAD ASSUMPTION OF RISK, A RELEASE, AN INDEMNITY, A WARRANTY DISCLAIMER, A LIMITATION OF LIABILITY, AND DISPUTE-RESOLUTION PROVISIONS. THEY SPECIFICALLY WARN THAT CNC / G-CODE FEATURES ARE BETA SOFTWARE. THEY INCORPORATE THE PRIVACY POLICY AND THE DATA PROCESSING AGREEMENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT, DO NOT SIGN IN, AND DO NOT USE THE SOFTWARE.
An executed Master Software License and Services Agreement and Order Form between Provider and a Customer legal entity (the “MSA”), including its signed schedules and amendments, controls over these Terms as between those parties. For Mailbox Data and Assistant Data, the signed mailbox DPA Addendum controls over the public DPA; for other Personal Data processing and information security, the DPA last executed by Customer’s named DPA Signer controls over these Terms. Subject to those subject-specific rules, the order of precedence is: (1) the signed MSA and its schedules and amendments; (2) the signed DPA Addendum for its covered processing; (3) the executed public DPA for Personal Data processing and information security; (4) the version of these Terms incorporated by that MSA; (5) the Privacy Policy and Subprocessors page. This precedence does not permit a reduction of mandatory privacy protections. A signed MSA’s specific precedence provision governs if different. Preprinted purchase-order terms are rejected unless expressly accepted in a signed writing. A separate intercompany consent governs only its stated sharing instructions and is not replaced by these Terms.
Customer is the organization receiving the Services; Authorized Users are individuals. A user accepts the user-use and safety rules personally, but is not by that act a personal guarantor of shop fees, insurance, entity indemnities, or negotiated obligations. An ordinary user’s acceptance does not amend an MSA or execute or amend a DPA. Entity commercial obligations require actual authority and, where a signed MSA exists, its amendment procedure. These Terms become part of an existing MSA only through that MSA’s valid incorporation or a mutually signed amendment. Re-acceptance alone cannot reduce Customer’s signed rights or increase its signed obligations. No “more protective of Provider” conflict rule applies.
Members, managers, and officers of Provider, including Miguel Montes, are not parties in their individual capacities. You covenant not to sue them personally for acts undertaken on behalf of the limited liability company, except as a court of competent jurisdiction may refuse to honor the LLC shield for fraud or a statutory exception.
Public marketing pages, screenshots, and demonstrations describe the Software. They are not a warranty, not a shop certificate, not an offer to machine parts, and not a live shop desk. A quote request on the public form is an inquiry only.
Related instruments and policies. The Privacy Policy and the Data Processing Agreement are incorporated into these Terms (Article XVI). The Cookie and Tracking Notice, Subprocessors page, Security page, and Accessibility Statement describe related practices and are referenced in these Terms.
“Services” means the Software and related services that Provider supplies to Customer under these Terms and any applicable signed Order; optional Email Services require separate ordering and activation. “Controlled Data” means ITAR- or EAR-controlled technical data, classified national-security information, or other data subject to access or export restrictions under applicable law or a signed Order. These general definitions do not change a signed instrument’s specific definitions, authorize a data path, or remove an activation or export gate.
I. Formation of contract; click-wrap; electronic signature; record
You agree that a contract is formed when you complete either of the following, each of which is independent and sufficient. (1) Sign-in agreement: on the sign-in screen you are presented with a conspicuous checkbox labeled in substance “By clicking Sign in, you agree to the Terms of Service and Privacy Policy and acknowledge the Data Processing Agreement, which binds the shop only when its named DPA Signer signs it,” with hyperlinks to the full instruments, and you check that box before submitting credentials. Checking that box is assent to these Terms and the Privacy Policy then published, and acknowledgement of the DPA then published. (2) Typed-name click-wrap: you (a) are presented with these Terms in a scrollable preview pane, with a link to the full instrument, (b) type your legal name, (c) check the box labeled in substance “I agree to the Terms of Service and Privacy Policy, including beta CNC tools, prove-out, the release, and sole responsibility for prints, drawings, standards, and G-code you upload, and I acknowledge the Data Processing Agreement, which binds the shop only when its named DPA Signer signs it,” and (d) click the button labeled “Accept.” Checking that box constitutes acknowledgement of Exhibits A, B, and C and of the incorporated Privacy Policy and DPA. That sequence is a click-wrap acceptance. Provider must present reasonably conspicuous links and a reasonable opportunity to review, and expressly identify the action that constitutes assent. Contract formation is determined by the actual presentation and conduct, not by this recital alone. Neither the sign-in checkbox nor the typed-name click-wrap executes the DPA. The DPA is executed on behalf of Customer only by Customer’s designated DPA Signer, as described in the DPA.
Provider will retain an append-only acceptance record for each successful sign-in assent and each Terms acceptance, identifying the user and organization, instrument version and immutable text or hash, time, request identifier, source of acceptance, exact assent wording shown, button label and action taken. Typed-name acceptance also records the legal name, title if supplied, acknowledgement map and other fields actually presented. DPA acknowledgement is recorded separately from Terms acceptance and is not recorded as execution of the DPA. Provider will preserve the instrument and the relevant screen evidence. Authenticity and admissibility remain matters of evidence and applicable law; this paragraph does not make a record self-proving. A copy of the Terms and available acceptance record may be requested from the Legal screen or the support contact.
A signature need not be wet ink. Under the Electronic Signatures in Global and National Commerce Act (“ESIGN,” 15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (“UETA,” Cal. Civ. Code § 1633.1 et seq.), an electronic signature may not be denied legal effect solely because it is electronic. Your typed name is adopted as your signature with present intent to authenticate this instrument.
Electronic communications. You consent to receive these Terms, notices, disclosures, and other communications from Provider electronically, including by in-app banner, by posting on fittingsos.com, and by email to the address on your account. You agree that electronic communications satisfy any legal requirement that a communication be in writing. You may print or download these Terms and your acceptance record from the Legal screen. Because the Software is offered only for business use, withdrawal of consent to electronic communications means you may not continue to use the Software.
First use of credentials, first use after an administrator provisions you, and use after a TERMS_VERSION change each require affirmative assent to the then-current Terms and Privacy Policy and acknowledgement of the then-current DPA. Provider will withhold shop-UI access until you re-execute the typed-name click-wrap when TERMS_VERSION changes. Refusal means you may not use the Software. Continued use of a version you have already executed constitutes ongoing assent to that version until a new version is published. Continued use of the public website (pages that do not require an account) after a posted update to the Privacy Policy constitutes acceptance of that Policy as to website activity.
II. Parties; eligibility; authority; no consumer use
The Software is offered solely for legitimate internal business operations of machine shops, fittings manufacturers, and similar industrial users. It is not offered for personal, family, or household purposes. You represent that you are not a “consumer” within the meaning of the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) or similar statutes as to this transaction.
You represent that you are at least 18 and have legal capacity. If you expressly execute an agreement for an entity, you represent that you have actual authority to bind it. Provisioning an employee account does not itself confer signing authority or make the employee a guarantor of the organization’s obligations.
You may not use the Software if you are on a U.S. denied-party list, located in an embargoed jurisdiction, or otherwise prohibited from receiving U.S. commercial software.
III. Definitions (selected)
“Software” means FittingsOS, including the multi-tenant ERP, job book, receiving, parts catalog, quotes, packets/travelers, shipping, finance hooks, inventory, materials, lubes, machines, training, org chart, quality modules, calibration, FAIR, PPAP, documents, CAPA, complaints, customer portal, Studio CAD/CAM, lathe and mill generators, block-forging and WP generators, thread and cutoff utilities, DNC vault, Ally DNC, AI assistant, license/activation, biometric and face login, APIs, Documentation, and Updates.
“BETA CNC Features” means, without limitation: (i) lathe end-family G-code generators and dimension ladders; (ii) Studio 2D CAD, constraints, mill toolpaths, and posts; (iii) block-forging, contour, and 45° centerline programs; (iv) AS1376 / weep-hole / port / bushing / internal / nose / pipe helpers; (v) thread helix and canned-cycle emitters (including G76/G92/G32 and similar); (vi) cutoff and saw programs; (vii) macro/parametric and recipe/sequence builders; (viii) NCF “auto-score,” “ready to run,” and checklist features; (ix) DNC vault, Ally DNC, and any send-to-machine, drip-feed, RS-232, Ethernet, or USB export; (x) any post-processor, sanitizer, highlighter, or preview geometry. BETA CNC Features are experimental.
“Customer Data” means jobs, S.O. numbers, control numbers, parts, prices, FAIRs, NCRs, G-code, drawings, heat lots, calibration logs, biometrics templates, and all other data you submit or generate.
“QMS Tools” means NCR, CAPA, FAIR/AS9102 packages, calibration/MSA, PPAP, document control, e-sign, dual-control, training/competency, special-process registers, and related templates (including QMSP/QMSF numbered forms). They are software, not a certified quality management system.
“Authorized User” means a natural person provisioned credentials. Shared generic logins for quality-release or CNC-release authorities are prohibited where individual accountability is required.
“Aggregated Statistics” means data and information derived from use of the Software that is aggregated or de-identified so that it does not identify you, any individual, or Controlled Data.
IV. Limited license; restrictions; IP reservation
Subject to these Terms and any MSA/Order Form, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Software for the Customer’s internal manufacturing and quality operations, up to licensed seats, tenants, and modules.
The Software is licensed, not sold. Provider and its licensors retain all right, title, and interest, including copyrights, trade secrets, trademarks (FittingsOS, Studio, the hex-and-gold trade dress), generator logic, end-family tables, QMS masters, house standards, Ally layout, and Documentation. No implied license. Feedback is governed by Article IV.1 below.
You shall not: (a) copy, modify, or create derivative works except as the Software permits for your Customer Data; (b) reverse engineer except to the limited extent non-waivable law allows; (c) scrape screens, generators, or tables to build a competing product; (d) feed the Software or Documentation into a public model or “custom GPT” for training; (e) rebrand FittingsOS as your software; (f) circumvent license, seat, module, e-sign, audit-log, or ITAR flags; (g) resell access as a bureau without a written service-provider license; (h) probe other tenants’ partitions; (i) upload malware; (j) falsify quality records.
Open-source components are licensed under their own notices. Those notices do not expand Provider’s warranty.
AS, MS, AN, NAS, and similar designations name published fitting and aerospace standards. SAE, the U.S. Government, and other publishers are not affiliated with FittingsOS and do not endorse the Software.
IV.1 Ownership and feedback defaults
Subject to Customer’s ownership of Customer Data and any signed ownership or license agreement, Provider and its licensors own the Software, models as configured by Provider, prompts, check rules, templates, documentation and all improvements. No rights are granted except as expressly stated. This default is not an employment invention assignment, a release of pre-existing employer claims, or a training-data license.
If Customer gives Provider suggestions or feedback about the Services, Provider may use them without restriction or payment, provided Provider does not disclose Customer’s Confidential Information or identify Customer as the source without consent. Feedback does not include Customer Data merely because it was uploaded for processing.
V. Accounts; credentials; biometrics; devices
You are responsible for the confidentiality of credentials, authenticator secrets, device tokens, face/biometric templates, and shop-tablet device codes issued to you. Notify an administrator immediately of compromise. Provider may treat actions under your credentials as yours.
Face login and platform biometrics, if enabled, are convenience unlocks. They are not a substitute for export-control screening, quality dual-control, or identity proofing required by your procedures. Biometric data, if stored locally or by a platform authenticator, is processed as described in Article XVI and the Privacy Policy. You consent to that processing for authentication only.
Administrator-created accounts are not effective for use of BETA CNC Features or quality-release features until the Authorized User personally executes these Terms. An administrator’s click is not your signature.
Provider may suspend an account for non-payment (as to hosted components), security risk, export-law requirements, suspected falsification of quality records, repeated copyright infringement under Article X-A, or material breach.
VI. Customer Data; license to Provider; multi-tenant; records; no backup warranty
As between the parties, you retain rights in Customer Data that you own. You grant Provider a limited, non-exclusive, worldwide, royalty-free license, for the term of your use and any retention period described in the DPA, to host, copy, process, transmit, and display Customer Data solely to operate the Software, provide support, maintain security, and comply with law. Provider’s processing of Personal Data within Customer Data is governed by the DPA. This license does not permit Provider to sell Customer Data or to use it to train foundation models except as Article VIII allows.
You and your organization are solely responsible for having the right to upload, store, and display any print, drawing, standard, or G-code you put in the Software. Incorrect uploads and unauthorized uploads, including a publisher standard you are not licensed to host and another party’s intellectual property, are your responsibility. They are not the responsibility of Montes Software LLC or FittingsOS. FittingsOS is a tool. We do not clear title to content you upload. We may remove or disable that content on notice, or when we reasonably believe you lack the right to store it or that it violates these Terms. Isolation between Customer organizations (tenants) by organization identifier and row-level security is an operational control between shops. It is not a license from us, from the other organization, or from any standards body, and it does not give you the right to copy a standard or a third party’s drawing. Provider does not promise isolation between end-customers inside a single shop’s customer portal. You are responsible for who you invite and which customer records a portal login may see until those portal controls are complete.
On customer-hosted (on-prem / LAN) deployments, you control backups, physical security, patching, and access. Provider is not liable for data loss on infrastructure you control. You will maintain backups sufficient to reconstruct quality records required by AS9100 and your customers.
Provider may generate Aggregated Statistics and may use them for any lawful purpose, including improving the Software. Aggregated Statistics do not identify you, any individual, or Controlled Data, and Provider will not attempt to re-identify them.
THE SOFTWARE MAY STORE QUALITY AND JOB RECORDS. IT IS NOT YOUR RECORDS-RETENTION PROGRAM. You remain responsible for retention periods, legal holds, and export of evidence for auditors. Return and deletion of hosted Customer Data on termination follow Section 11 of the DPA.
VI.1 Ownership and records defaults
As between Provider and Customer, Customer owns its Customer Data to the extent it has rights in it, including Mailbox Data, linked threads, Drafts and sent messages, and Assistant Data. This does not convey ownership of third-party material. Provider’s operational license remains limited by this Article and the executed DPA; any training license must be separately signed. Customer sets its control-of-records periods and decides when to place or clear legal holds; the Software is not Customer’s records-retention program. No general retention or deletion default overrides a signed mailbox retention schedule, verified export condition or legal hold. Where the parties have not agreed a specific mailbox schedule, the parties must document one before mailbox ingestion; no silent default authorizes deletion of required quality records.
VII. Jobs, quoting, prices, finance, shipping: estimates only
Last-job price, average price, quantity history, quote calculators, and similar figures are historical references for your estimators. They are not a promise of cost, margin, or customer acceptance. You remain responsible for contract review (including AS9100 clause 8.2 duties), ITAR marking, lead time, and PO terms.
Invoices, packing slips, and shipment logs are documents you issue. Provider is not your factor, not your freight forwarder, and not liable for on-time-delivery liquidated damages in your customer contracts. Ledger entries in the Software are what you record; they are not a CPA close, not GAAP advice, and not a substitute for your books of account.
S.O. numbers, control numbers, and receiving-log conventions (including tenant-specific shop language) are configuration. You will confirm the identity of the live job before cutting metal.
VIII. AI features (including any Grok / LLM assistant)
AI Features are assistive only. Outputs may be wrong, stale, or fabricated (“hallucinated”). You will not use AI as the sole decision-maker for product acceptance, FAIR actuals, NCR disposition, e-sign, ITAR classification, or unattended machine control.
Cloud AI features are off by default. Do not paste export-controlled technical data, classified information, gold NC, production G-code, prints, or other persons’ biometric data into AI prompts unless your export and privacy programs authorize that path. Default recommendation: disable AI on ITAR jobs.
Provider does not train foundation models on your Customer Data unless you opt in in writing. Third-party model providers have their own terms. SLA credits do not apply to third-party model outages.
VIII.1 Email drafting; human review and QMS responsibility
“Email Services” means the Email page and related mailbox and local drafting-assistant features, only if separately ordered and activated. “Draft” means an unsent reply or revision. “Mailbox Data” means messages, attachments, headers, metadata and derived data processed through Email Services. “Assistant Data” means each user’s writing-style preference profile and assistant instructions and resulting Draft versions. “Dual Control” means approval by a human approver who did not prepare or last edit the Draft. The signed Order and DPA supply the controlling technical definitions and controls for a subscribed shop.
Only designated shared business mailboxes may be connected, never an individual’s personal inbox. Customer must ensure a person reviews every Draft in full before sending, and that the approving person did not prepare or last edit it. Customer is responsible for the content of every message sent from its mailboxes, including price, delivery, acceptance, root cause, corrective action and other commitments, whether or not a Draft was used.
Drafts, revisions, sort categories, link suggestions, contract-review prompts and export-control flags are AI Output. AI Output may be incomplete, inaccurate, out of date or inappropriate even after automated checks; checks reduce but do not eliminate errors. Customer shall not rely on AI Output as a statement of fact, commitment, quality decision, or legal or export-control advice and must verify it before use.
Email Services do not perform or decide contract review, determine whether a change is acceptable, classify data for export control, set retention periods, make quality, airworthiness, product-acceptance or disposition decisions, guarantee every relevant message is detected, matched or flagged, or constitute, validate or certify a QMS. Suggestions and prompts are aids for human review.
Customer remains responsible for its QMS, including records control, customer communication, contract review, purchasing and supplier control, intended-use validation, certifications and customer approvals. Provider does not hold or claim AS9100, ISO 9001, Nadcap, SOC 2 or other certification by these Terms. Named approvers, activated phases, local-only architecture, no-automatic-sending warranty, export-cleared roles, change-control gates and incident duties remain in the signed Order and DPA, not in a mutable public feature description.
VIII.2 No implied training opt-in
Except for materials covered by a separate signed training-data license, Provider will not use Customer Data to train or fine-tune a model shared with another customer or a general-purpose or foundation model. Mailbox Data and Assistant Data are not licensed training materials. For those data, a signed mailbox DPA’s absolute no-training and no-cross-user-style rules remain controlling. An individual’s acceptance of these Terms, feedback, or use of the assistant is not a training opt-in and grants no royalty-free rights to shop G-code. Any royalty, cap, term, ownership waiver or expanded use must be separately agreed by authorized signers.
IX. Export control (ITAR / EAR) and government contracting
You are solely responsible for classifying your data under the International Traffic in Arms Regulations (22 C.F.R. Parts 120–130) and the Export Administration Regulations (15 C.F.R. Parts 730–774), marking ITAR records in the Software, preventing access by foreign persons as defined in 22 C.F.R. § 120.63 (or successor), and obtaining licenses. Provider is not your Empowered Official.
You must keep controlled technical data and gold NC programs on the shop origin and off public uploads to fittingsos.com. The shop UI is hosted on Vercel (SSR region iad1). The API reaches the shop origin via Cloudflare Tunnel. Global CDN and edge points of presence may terminate TLS in transit. Provider does not claim United States–only data residency for all bytes in transit, and public cloud UI, CDN, and edge paths are not a designated controlled channel.
Customer portal uploads. Every customer-portal upload asks whether the file is ITAR or EAR controlled technical data. If you answer yes, or if the filename or title contains “ITAR” or “EAR,” fittingsos.com refuses the upload and points you to the shop’s controlled channel. After you answer no, any on-screen label reflects your own declaration only. Provider does not classify the file as cleared, not ITAR, or commercial. You remain responsible for truthful answers and for lawful handling of controlled data.
The commercial Software product as generally offered is commercial software; Provider does not warrant a specific ECCN. You will not export the Software or technical data contrary to U.S. law.
DFARS/FAR flow-downs do not bind Provider unless an Order Form expressly attaches them and Provider accepts in writing. The Software’s ITAR flag and upload-declaration prompts are Customer-operated controls, not a guarantee of compliance.
IX.1 Export-control defaults and signed controls
Flags and prompts are a safety net, not classification. Provider does not guarantee detection of Controlled Data and is not Customer’s Empowered Official or export compliance function. Customer remains responsible for classification, marking, foreign-person access, licensing, records and identifying Software storage in its compliance documentation. Commercial mailbox services are not represented as suitable for Controlled Data. No claim of NIST SP 800-171, DFARS 252.204-7012 or CMMC compliance is made. A signed Order governs the actual storage location, restricted access, release review, connection gate and any accepted flowdowns. These Terms neither authorize a public-cloud path for controlled material nor change an identified shop’s signed controls.
X. Acceptable use; multi-tenant hygiene
You will not access another tenant’s data, run unapproved load tests against hosted components, or use the Software for unlawful content. You will revoke access when personnel leave.
You will upload, store, and display prints, drawings, standards, and G-code only when you and your organization have the right to do so. Incorrect uploads and unauthorized uploads, including a publisher standard you are not licensed to host and another party’s intellectual property, are your responsibility, not ours. FittingsOS is a tool. We do not clear title to content you upload. We may remove or disable that content on notice. Isolation between Customer organizations does not grant you a license to another organization’s files, to a standard, or to a third party’s drawing, and does not promise per-customer isolation inside your shop’s portal.
You will not photograph or reconstruct generator tables, QMS masters, or Ally layouts for a competing product. You will not register domains or handles impersonating FittingsOS or Provider.
X-A. Copyright; DMCA; repeat infringers
Provider responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send notices and counter-notices to security@fittingsos.com. Provider does not represent that a U.S. Copyright Office designated-agent filing is complete, and a Copyright and DMCA Policy is not published on this site. Provider may remove or disable access to material identified in a notice and will notify the Customer or Authorized User who provided it.
In appropriate circumstances, Provider will suspend or terminate the accounts and access of Customers and Authorized Users who are repeat infringers. Provider may also suspend or terminate access of any user who infringes the intellectual property rights of others.
XI. High-risk activities; aviation and defense parts; no safety-critical control
The Software is not designed, intended, or licensed as the sole control system for nuclear, medical life-support, air-traffic, or other environments where failure must be impossible. Independent human oversight is mandatory.
If you manufacture parts that may be installed on aircraft, engines, or defense articles, you acknowledge that software assistance does not transfer design authority, production-approval authority, or airworthiness responsibility to Provider. You are the manufacturer. You will maintain your own QMS, approved data, and configuration control.
XII. Warranties disclaimed: AS IS, AS AVAILABLE
EXCEPT FOR ANY EXPRESS WARRANTY IN AN EXECUTED MSA (IF ANY), THE SOFTWARE, DOCUMENTATION, BETA CNC FEATURES, QMS TOOLS, AI FEATURES, DNC, HOSTING, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS.
PROVIDER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE (BEYOND COMMERCIALLY REASONABLE EFFORTS ON BITS PROVIDER DELIVERS), ACCURATE, OR ADEQUATE TO MEET AS9100, NADCAP, ITAR, OSHA, OR CUSTOMER AUDIT REQUIREMENTS WITHOUT YOUR OWN VALIDATION. THE SECURITY PAGE AND THE ACCESSIBILITY STATEMENT DESCRIBE POSTURE AND GOALS; THEY ARE NOT WARRANTIES OR CERTIFICATIONS.
BETA CNC FEATURES ARE PROVIDED WITH NO WARRANTY OF ANY KIND, INCLUDING THAT OUTPUT WILL BE COLLISION-FREE, DIMENSIONALLY CORRECT, POST-CORRECT, OR SAFE TO RUN.
XII.1 Standard Services and AI disclaimer
EXCEPT AS EXPRESSLY STATED IN AN EXECUTED MSA OR DPA, SERVICES AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER DISCLAIMS OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS, TITLE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, DETECTION OF ALL CONTROLLED DATA, OR SATISFACTION OF AS9100, EXPORT OR CUSTOMER AUDIT REQUIREMENTS WITHOUT CUSTOMER’S VALIDATION. This does not disclaim an express control warranty, correction remedy, refund or mandatory duty in a signed instrument or applicable law. Exhibits A and B remain subject to Article XIII.2.
XIII. Limitation of liability; exclusive remedy; essential purpose
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, CAPACITY, MACHINE TIME, OR BUSINESS OPPORTUNITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR (i) YOUR PAYMENT OBLIGATIONS, (ii) YOUR INDEMNITY, (iii) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PROVIDER IP, (iv) GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, AND (v) LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING UNDER CAL. CIV. CODE § 1668, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SOFTWARE OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER ENTITY TO PROVIDER FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM (THE “CAP”). IF YOU HAVE PAID NOTHING (EVALUATION, PREVIEW, OR UNPAID SEAT), THE CAP IS ONE HUNDRED U.S. DOLLARS (US $100).
CLAIMS ARISING FROM BETA CNC FEATURES, MACHINE CRASH, PERSONAL INJURY ON YOUR FLOOR, QUALITY ESCAPE, OR EXPORT VIOLATIONS ARE SUBJECT TO EXHIBIT A AND EXHIBIT C AND, TO THE EXTENT A COURT REFUSES THOSE EXHIBITS, REMAIN SUBJECT TO THIS CAP AND THE CONSEQUENTIAL-DAMAGES EXCLUSION.
THE PARTIES AGREE THESE LIMITATIONS ALLOCATE RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN; FEES REFLECT THAT ALLOCATION. THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
XIII.1 Indemnity procedure and risk-allocation defaults
For any indemnity a party owes under the applicable agreement, the indemnified party must give prompt written claim notice (delay excuses performance only to the extent prejudiced), give the indemnitor sole control of defense and settlement, and reasonably cooperate at the indemnitor’s expense. The indemnitor may not settle in a way imposing an admission or non-monetary obligation on the indemnified party without its consent, not unreasonably withheld. The indemnified party may participate with its own counsel at its own expense. This procedure does not create a new indemnity or expand a signed indemnity’s subject matter, beneficiaries or cap.
Subject to Article XIII.2 and signed overrides, liability limitations apply across theories and even if a limited remedy fails of its essential purpose. No public Terms update changes signed cap amounts, indemnity exclusions, separate incident caps or special Email Services risk allocation.
XIII.2 Mandatory carve-outs; no enlargement of user liability
No disclaimer, exclusion, cap, assumption of risk, release, covenant not to sue, fee-shifting obligation or indemnity in these Terms or Exhibits A–C exempts a person from fraud, willful injury, gross negligence, or a violation of law to the extent such exemption is prohibited, including applicable public-safety statutory duties. These provisions do not waive nonwaivable employee wage, reimbursement, workplace-safety, privacy or representative rights, and do not bind non-assenting injured people or transfer a manufacturer’s statutory responsibilities. The monetary cap in Article XIII is only a default; a signed MSA’s cap, minimum, exclusions and separate Security Incident cap govern covered claims. The release, section 1542 waiver and covenant not to sue do not extinguish Customer’s claims for breach of an MSA or DPA or a Provider indemnity. Entity indemnities and insurance duties run against the authorized Customer entity, not against an ordinary employee merely because the employee accepts user-use Terms. Nothing here enlarges an existing signed indemnity.
XIV. Insurance; OSHA; OEM manuals
Customer shall maintain insurance appropriate to machining operations, including commercial general liability, workers’ compensation, and, if Customer ships flight or defense hardware, products-completed operations coverage in amounts customary for that work. Upon request Customer will provide certificates. Failure to insure does not shift risk to Provider.
You will follow OSHA, state occupational-safety law, machine OEM manuals, ANSI B11 series where applicable, lockout/tagout, eye and hearing protection, and your shop’s process travelers. The Software does not replace guarding or training.
XV. Term; termination; surviving provisions
These Terms commence on execution (or first use, whichever is earlier) and continue until your access ends. License rights end when the MSA/Order Form ends or your account is disabled.
Provider may suspend or terminate access as described in Article V and Article X-A. On termination, the export window and deletion of hosted Customer Data follow Section 11 of the DPA.
Provisions that by nature should survive (including Exhibits A–C, IP, the Customer Data provisions as to retained data, confidentiality, disclaimers, limitation of liability, indemnity, export, governing law, and this survival clause) survive termination.
XV.1 Preservation of signed termination rights
Nothing in these Terms shortens an agreed export window, authorizes deletion before verified export, cancels a legal hold, removes a negotiated termination right, or revokes a surviving training license. The signed Order’s exact survival provisions continue to govern.
XVI. Privacy; CCPA; biometrics notice; incorporated instruments
The Privacy Policy published at /privacy and the Data Processing Agreement published at /dpa, each in the version identified at the top of these Terms, are incorporated into these Terms. As to Personal Data processing and Provider’s role as a CCPA service provider for Customer Data, the DPA controls to the extent of conflict. The Cookie and Tracking Notice and Subprocessors page supplement the Privacy Policy and DPA.
Provider processes account identifiers, audit logs, and (if you enable them) biometric unlock templates to operate the Software, as described in the Privacy Policy. Provider does not sell personal information and does not share personal information for cross-context behavioral advertising. For California residents acting in a business capacity, Provider’s role as to Customer-controlled employee data is typically that of a “service provider” / processor to the Customer organization under Cal. Civ. Code § 1798.140(ag). Submit employee privacy requests to your employer first.
Do not enroll another person’s face or fingerprint without a lawful basis and notice. Provider is not responsible for your shop’s biometric policy.
Do not place classified national-security information or export-controlled technical data on the public website, public forms, or fittingsos.com uploads. Use the shop’s controlled channel instead.
XVII. Confidentiality; security research
XVII.1 Mutual confidentiality
“Confidential Information” means non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, Mailbox Data, Assistant Data, pricing, and Provider’s non-public software and documentation. It excludes information that the Recipient can show (a) is or becomes public without the Recipient’s breach, (b) it knew without restriction before receipt, (c) it lawfully receives from a third party without restriction, or (d) it independently develops without use of the Discloser’s information.
The Recipient will use Confidential Information only to perform or exercise rights under the applicable agreement, protect it with at least reasonable care, and disclose it only to its personnel, contractors and advisors who need to know it and are bound by confidentiality obligations at least as protective. The Recipient may disclose Confidential Information if required by law, after giving the Discloser prompt notice (where lawful) and reasonable cooperation in seeking protective treatment. These obligations last during the term and for three (3) years after, and for trade secrets and Personal Data for as long as they remain protected by law. A signed agreement may impose a longer period or additional protection. Required privacy rights and protected reporting rights are not restricted.
Good-faith vulnerability reports may be sent to security@fittingsos.com, as described on the Security page. You will not publicly exploit a vulnerability or access another tenant’s data.
XVIII. Updates to the Software and to these Terms; re-agreement; agreement by use
Provider may update the Software, including BETA CNC Features, at any time. Updates may change output. You will re-prove programs after material generator or post changes.
Production deploys. Merges to the main branch currently build and auto-assign the production aliases for fittingsos.com and www.fittingsos.com (auto-deploy). Provider does not operate a separate manual promote gate for those aliases today. Pull-request review is a development practice when used; it is not a contractual guarantee of independent review on every change. If you require a promote gate or other release controls, that commitment must appear in an Order Form or MSA when such controls are implemented. See the Security page.
Provider may update these Terms, the Privacy Policy, and the DPA. Material changes (including assumption of risk, indemnity, BETA CNC status, categories of personal information collected as a business, sale or share practices, or Processor role) will change TERMS_VERSION and require re-execution of the typed-name click-wrap before further use of the Software. Until you re-agree, access to the shop UI may be withheld. An updated DPA takes effect for Customer as stated in the DPA.
Continued use after the effective date of a version you executed constitutes ongoing assent to that version.
For the public website only: posting an updated Privacy Policy and your continued use after the effective date constitutes acceptance of the updated Policy as to that website activity. If you do not agree, stop using the public site and do not sign in.
Updates to the Cookie and Tracking Notice, Subprocessors page, Security page, and Accessibility Statement take effect when posted, subject to the Subprocessor objection right in the DPA.
XIX. Governing law; venue; preservation of jury and representative rights; fees
These Terms are governed by the laws of the State of California, excluding conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.
Exclusive jurisdiction and venue lie in the state or federal courts located in Los Angeles County, California. You consent to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction for IP or confidentiality breaches.
Nothing in these Terms requires arbitration or waives a jury trial in a California court. No class, collective, representative or PAGA waiver is imposed by these Terms. Statutory claims and remedies that cannot lawfully be waived are preserved.
The prevailing party in an action to enforce these Terms is entitled to reasonable attorneys’ fees and costs, in addition to any other relief.
XX. Miscellaneous
Entire agreement as to Authorized User use, subject to any MSA. These Terms supersede prior oral statements about BETA status, safety, or QMS certification. Amendment of the click-wrap requires a new TERMS_VERSION or a writing signed by Provider.
No third-party beneficiaries except Released Parties as to Exhibit C. Assignment: you may not assign without consent; Provider may assign to an Affiliate or successor.
Headings are for convenience. “Including” means “including without limitation.” Words of gender or number include all. If these Terms are translated, the English version controls.
Government users: the Software is “commercial computer software.” Rights are only those in these Terms per FAR 12.212 / DFARS 227.7202, if applicable.
XX.1 General contract mechanics and limits on amendment
The parties are independent contractors. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations and Customer’s safety obligations. If a provision is unenforceable it is enforced only to the lawful extent and the rest remains effective; severability does not require rewriting an invalid waiver. No waiver is effective unless in writing. Electronic execution may be in counterparts, together one instrument.
A signed MSA’s entire-agreement, assignment, no-third-party-beneficiary, separate-consent and signed-amendment provisions prevail. These Terms do not novate, release or amend an existing signed contract. A later Terms version requires new affirmative user acceptance prospectively, but changes the signed bargain only as the signed bargain permits. The last signed DPA continues until its named DPA Signer executes an update; ingestion/export pauses must not block manual administrator exports, retention, holds, deletion or disconnect rights protected in that DPA.
XXI. Notices; contact
Legal notices to Provider: Montes Software LLC, doing business as FittingsOS, Attn: Legal, 5392 Corradi Ter, Acton, CA 93510, United States, with a copy by email to security@fittingsos.com. Notices to you: the email or address on your account, or in-app banner. Copyright notices may be sent to security@fittingsos.com. Provider does not represent that a U.S. Copyright Office designated-agent filing is complete. Privacy requests are handled as described in the Privacy Policy. Accessibility requests are handled as described in the Accessibility Statement.
Do not send export-controlled technical data, prints, or NC programs to any Provider mailbox.
Questions about these Terms do not modify them. Only a written amendment or a new version you execute modifies them.
XXI.1 Formal notices and ordinary support
Unless a signed agreement requires otherwise, formal legal notices must be written and delivered by hand, nationally recognized courier or certified mail to the designated notice address, with an email copy to designated legal-notice contacts. For Provider, use Montes Software LLC d/b/a FittingsOS, Attn: Legal, 5392 Corradi Ter, Acton, CA 93510, United States; email copy: security@fittingsos.com. Ordinary operational notices may be emailed. Support is available at security@fittingsos.com during hours and subject to response targets expressly stated in a signed Order; no uptime guarantee, service credit or response SLA is implied. Public-page or in-app notice alone does not satisfy a signed formal-notice or incident-delivery requirement. Contact changes under a signed MSA follow that MSA’s owner/officer procedure. No controlled technical data may be emailed to Provider.
Exhibit A. BETA CNC, G-code generators, Studio CAM, posts, DNC, and machine safety
READ THIS EXHIBIT BEFORE YOU GENERATE, POST, DRIP-FEED, OR RUN ANY PROGRAM. CNC MACHINE TOOLS CAN KILL. A WRONG SIGN, WRONG OFFSET, WRONG DIAMETER, WRONG WORK COORDINATE, MISSING TOOL-LENGTH, TRANSPOSED AXIS, INCH/METRIC MISMATCH, OR BAD POST CAN DESTROY A SPINDLE, A CHUCK, A PART, A MACHINE, AND A HUMAN BEING IN LESS THAN A SECOND.
Provider expressly classifies all BETA CNC Features as BETA, EXPERIMENTAL, PRE-PRODUCTION SOFTWARE offered for evaluation, shop testing, and iterative improvement. They WILL need further updates. They may omit collision checking, may use incorrect sign conventions, may assume a work offset or tool table you do not have, may target a control (Fanuc, Haas, Takisawa, or other) that is not your control, may ignore bar-feed, tailstock, steady-rest, turret interference, chuck jaw, collet, fixture, clamp, and sub-spindle envelopes, and may emit syntactically valid but physically lethal motion.
Geometry previews, cutoff labels, hex/S-diameter resolvers, thread-helix drawings, balloon maps, and “auto-score / ready to run” checklists are decision-support graphics and heuristics. THEY ARE NOT A DIGITAL TWIN, NOT A PROVEN POST, NOT A COLLISION ENGINE, AND NOT A CERTIFICATION THAT THE TAPE IS SAFE TO RUN. A high score does not mean the program is correct for your machine, your tooling, your stock, or your setup.
You are solely responsible for: (1) selecting the correct post and control options; (2) mapping tools, wear, geometry, and length offsets on the physical machine; (3) setting work offsets (G54–G59 and extensions) from a qualified setup; (4) confirming units (G20/G21), plane, absolute/incremental, and diameter/radius programming; (5) chucking, fixturing, and clamp clearance; (6) spindle direction, gear range, and CSS/RPM limits; (7) canned-cycle retract, peck, and dwell; (8) cutter compensation (G41/G42) lead-in/lead-out; (9) thread start, chamfer, and pullout; (10) bar pull, cutoff, and part-catcher timing; (11) mill workholding and T-slot clamps; (12) block-forge stock remaining and 3D contour step-down; (13) DNC baud, handshake, drip-feed buffer, and end-of-block (LF vs CRLF) matching the control; (14) lockout/tagout and guarding per OSHA and the OEM; (15) first-article and in-process inspection against the drawing, not against the generator’s guess.
MANDATORY PROVE-OUT. Before any production or unattended cycle using Software-generated or Software-transmitted code, a competent programmer or setup person SHALL: (a) read the entire program; (b) simulate on an independent simulator if available; (c) graphics-check on the control; (d) dry-run / air-cut above the part; (e) single-block at reduced rapid and feed with a hand on feed-hold and E-stop; (f) cut a first article and inspect critical characteristics; (g) document the prove-out. Skipping prove-out is a material breach and an independent intervening cause of any resulting harm.
DNC / Ally DNC / send-to-machine can overwrite a proven program with an unproven one, send the wrong file to the wrong machine, or drip-feed a truncated buffer. You will confirm file name, checksum if available, machine identity, and that the control is in the intended mode (memory vs tape vs DNC) before cycle start. Provider is not in the loop of your push-button.
Provider does not warrant that generated code complies with any particular builder’s programming manual, that comments will be ignored safely, that Unicode sanitization caught every bad character, or that house-standard templates match the job on the floor.
YOU ACKNOWLEDGE THAT AEROSPACE FITTINGS ARE OFTEN HIGH-VALUE, CLOSE-TOLERANCE, AND SOMETIMES FLIGHT-SAFETY OR DEFENSE ARTICLES. A BAD TAPE CAN CAUSE A QUALITY ESCAPE. A QUALITY ESCAPE CAN CAUSE AN AIRCRAFT INCIDENT. YOU, NOT PROVIDER, ARE THE MANUFACTURER OF RECORD.
BETA CNC loss allocation is subject to Article XIII.2 and the controlling signed MSA or DPA; it is not a blanket exclusion for machine crash, property damage, scrap, delay, product liability, personal injury or death. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved. No public Terms update changes signed remedies, cap amounts or indemnity exclusions.
Exhibit B. QMS tools are not a certificate; FAIR, calibration, e-sign, Nadcap
FittingsOS includes modules intended to help a shop operate a quality system: document control, dual-control approval, electronic signature capture, NCR/CAPA, AS9102-style FAIR packages (including a master FAIR per catalog part number), PPAP element tracking, calibration logs compatible with common shop spreadsheets, MSA helpers, training matrices, special-process / OSP registers, and related QMSP/QMSF-numbered templates.
THESE ARE TOOLS. THEY DO NOT MAKE YOUR ORGANIZATION AS9100 CERTIFIED, NADCAP ACCREDITED, ISO 9001 CERTIFIED, 14 C.F.R. PART 21 APPROVED, EASA APPROVED, OR ACCEPTABLE TO ANY PRIME. Provider is not your registrar, not your Nadcap eAuditNet administrator, and not your customer’s SQA.
A “locked” or “approved” FAIR in the Software is not first-article acceptance by your customer. Characteristic actuals remain your measurement. Balloon numbers, inspection methods, and CMM overlays are aids. You will not represent a Software-generated FAIR as independently certified by Provider.
Calibration records (including seeded or imported logs) are only as accurate as the data entered. Provider is not a calibration laboratory and does not hold ISO/IEC 17025 accreditation by virtue of this Software. Out-of-tolerance impact studies, recalls, and sticker control remain yours. “Calibrate before use” and “reference only” statuses are labels, not metrology.
Electronic signatures in the Software (typed name, PIN, password re-auth, hash, timestamp, role) are designed as tools that a competent quality organization may validate under its own procedure (including, if applicable, considerations analogous to 21 C.F.R. Part 11). PROVIDER DOES NOT WARRANT PART 11, EUDAMED, OR ANY PREDICATE-RULE VALIDATION. IQ/OQ/PQ is your responsibility unless a SOW expressly sells validation support.
Falsification of quality records, sharing of quality-release credentials, or circumvention of dual-control is grounds for immediate suspension and may be a crime. Provider may cooperate with lawful investigations.
Templates remain Provider IP even when filled with your data. Uncontrolled-when-printed legends do not replace your document-control SOP.
Exhibit C. Assumption of risk; release; covenant not to sue; indemnity; Civ. Code §§ 1542 and 1668
EXPRESS ASSUMPTION. You understand that machining, sawing, deburring, handling bar/billet/forgings, compressed air, hot chips, rotating chucks, live tooling, DNC-connected equipment, and aerospace manufacturing generally are inherently dangerous. You voluntarily engage in those activities. Subject to Article XIII.2, you acknowledge the risks arising from use of the Software in connection with those activities, including risks arising from software error, BETA incompleteness, your setup error, and combinations thereof. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved.
RELEASE. Subject to Article XIII.2, the assenting party releases Provider, FittingsOS, Miguel Montes individually and as Managing Member, and their members, managers, officers, employees, contractors, licensors and affiliates (the “Released Parties”) only from lawfully releasable claims arising from use of the Software or manufacturing operations, including ordinary negligence, within that party’s actual authority. An ordinary employee’s user-use acceptance does not release the Customer entity’s signed claims or bind non-assenting injured people. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved.
CAL. CIV. CODE § 1542. You acknowledge Section 1542: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The releasing party waives section 1542 and similar protections only for claims validly released under Article XIII.2; the waiver does not extend to excluded or nonwaivable claims. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved.
CAL. CIV. CODE § 1668. The limitations in Article XIII.2 apply expressly to this Exhibit, including its assumption of risk, release, covenant, fee shifting and indemnity. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved. No ordinary-negligence, strict-liability or professional-negligence theory is disclaimed beyond those limits.
COVENANT NOT TO SUE. Any covenant or defense-cost obligation is limited to claims validly released under Article XIII.2; it does not bar protected claims or impose fees for asserting them. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved.
INDEMNITY. Subject to Article XIII.2, only the authorized Customer entity, not an ordinary employee accepting user-use Terms, shall defend, indemnify, and hold the Released Parties harmless from third-party claims, damages, penalties, and reasonable attorneys’ fees arising out of or related to: (a) Customer Data, including claims that Customer Data infringes or misappropriates a third party’s intellectual property; (b) Customer’s manufacturing, machining, inspection, packaging, or shipment of parts (including product liability, aviation incidents, and defense-article failures); (c) machine crash or personal injury on Customer’s floor; (d) quality escapes, FAIR errors, calibration errors, or falsified records; (e) ITAR/EAR violations; (f) Customer’s combination of the Software with machines, posts, tooling, or data not furnished by Provider; (g) Customer’s modifications; (h) Customer’s employees’ and contractors’ use, including unauthorized users; (i) biometric privacy claims arising from Customer’s deployment choices; (j) wage/hour or labor claims relating to time data Customer stores. Provider may participate in defense with counsel of its choice at its expense; Customer may not settle imposing an admission or injunctive burden on Provider without consent (not unreasonably withheld). Nothing here enlarges an existing signed indemnity. No provision exempts fraud, willful injury, gross negligence, or a violation of law to the extent prohibited, including applicable public-safety statutory duties. Nonwaivable employee wage, reimbursement, workplace-safety, privacy and representative rights, rights of non-assenting injured people, manufacturers’ statutory responsibilities, Customer’s MSA or DPA claims and Provider indemnities are preserved.
Related pages: Privacy Policy · Data Processing Agreement · Security · Subprocessors · Cookie and Tracking Notice · Accessibility Statement