These Terms & Conditions (“Terms”) govern your access to and use of Caliper Auto websites, applications, dashboards, flyer templates, marketing tools, downloadable materials, and related software and services (collectively, the “Service”).
Caliper Auto is operated by Gambetta Development, LLC, a Florida limited liability company (“Caliper Auto,” “we,” “us,” or “our”). By creating an account, purchasing a subscription, accessing a paid feature, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
Caliper Auto is a self-service software platform primarily built for auto detailing businesses. Features may include professional flyer and social-media templates, reusable business branding, image and content customization, downloadable promotional designs, marketing checklists, a 30-day marketing plan, SEO and online-presence guidance, social-media guidance, paid-advertising guidance, printed-marketing ideas, reputation tools, and other business-marketing resources.
The Service is software and educational guidance. Unless we expressly agree otherwise in writing, Caliper Auto is not acting as your advertising agency, marketing agency, graphic-design agency, legal adviser, financial adviser, accountant, SEO contractor, or business consultant.
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. If you use the Service for a company or other organization, you represent that you have authority to bind that organization to these Terms.
You agree to provide accurate, current information and to keep your account information reasonably up to date. You are responsible for maintaining the confidentiality of your login credentials and for activity that occurs through your account.
Notify us promptly at caliperauto@gmail.com if you believe your account has been accessed without authorization.
Unless your plan expressly permits otherwise, an account is licensed for use by one business and may not be shared with unrelated businesses, clients, agencies, resellers, or third parties.
We may offer limited free access, a free flyer or design, trial functionality, promotional pricing, or other introductory features. Free or promotional access may be limited by account, business, email address, device, time period, template, download, or other reasonable criteria.
You may not create multiple accounts or use other methods to repeatedly obtain an introductory benefit. We may modify or discontinue free features or promotional offers prospectively at any time, subject to applicable law.
Paid access may be offered as a recurring subscription. The price, billing interval, and features included in your plan will be shown at or before checkout.
By purchasing a recurring subscription, you authorize our payment processor to charge the payment method you provide at the beginning of each billing period until the subscription is canceled. Your subscription automatically renews at the applicable recurring rate unless you cancel before the next renewal charge.
You may cancel at any time using the cancellation method made available through the Service or by contacting us where required. Cancellation stops future renewal charges. Unless otherwise stated or required by law, access remains active through the end of the billing period already paid for.
Refund Policy. Except where required by applicable law or expressly stated in a written offer, payments are non-refundable and we do not provide prorated credits for partial billing periods, non-use, dissatisfaction, cancellation after a charge, or failure to use available features.
You are responsible for applicable taxes or fees imposed in connection with your purchase, except taxes based on our net income. If a payment fails, we may retry the charge, restrict paid features, or suspend access until the balance is resolved.
We may change pricing or plan structure prospectively. If required by law, we will provide notice before a price change applies to a future renewal.
Subject to these Terms and your applicable plan, Caliper Auto grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for the internal marketing and promotional needs of the business associated with your account.
You may use flyer images and other finished designs that you lawfully generate and download through the Service to market that business, including on social media, websites, digital advertisements, email, printed materials, and similar promotional channels.
Your permission to use a finished design does not transfer ownership of Caliper Auto's underlying templates, source code, template structure, software, interface, design system, proprietary assets, or other intellectual property.
You may not sell, sublicense, redistribute, publish, copy, extract, scrape, package, or provide Caliper templates or editable template components as standalone products, template packs, design assets, competing libraries, or services for third parties without written permission.
You retain ownership of logos, photographs, business information, copy, images, and other materials you upload or provide to the Service (“User Content”).
You grant Caliper Auto a limited, worldwide, non-exclusive license to host, store, process, reproduce, resize, render, and display User Content only as reasonably necessary to operate, secure, support, and provide the Service to you.
You represent that you have the rights and permissions needed to upload and use your User Content. This includes responsibility for copyrighted images, trademarks, customer photographs, photographs containing identifiable people, license plates, promotional claims, and any other content subject to third-party rights.
Caliper Auto does not independently verify the ownership, accuracy, legality, licensing status, or truthfulness of User Content or claims you place in a flyer.
You may not use the Service to:
The Service, including its software, code, interfaces, template layouts, design systems, graphics, written material, databases, branding, logos, and other proprietary materials, is owned by or licensed to Caliper Auto and is protected by applicable intellectual-property laws.
Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Service or Caliper Auto intellectual property is transferred to you.
Marketing checklists, SEO guidance, social-media ideas, advertising recommendations, reputation guidance, 30-day plans, articles, resource pages, and other educational material are provided for general informational purposes.
Caliper Auto does not guarantee search rankings, ad performance, impressions, clicks, leads, bookings, revenue, follower growth, review growth, profitability, customer acquisition, or any other business result.
Search engines, advertising platforms, social networks, laws, policies, algorithms, competition, pricing, consumer behavior, and local market conditions change over time. You are responsible for deciding whether and how to implement any recommendation and for confirming current platform rules and legal requirements that apply to your business.
The Service may depend on or link to third-party services such as payment processors, analytics providers, hosting infrastructure, email-delivery providers, social networks, search engines, booking platforms, CRMs, or other websites.
Third-party products and services are governed by their own terms and privacy practices. We are not responsible for the availability, security, accuracy, conduct, policies, or performance of third-party services we do not control.
A link, mention, comparison, or recommendation of a third-party product does not create a warranty or guarantee by Caliper Auto.
We may add, change, redesign, suspend, restrict, or discontinue features or parts of the Service as the product evolves. We do not guarantee that every feature, template, export, browser, device, operating system, or third-party integration will always function without interruption or error.
We may perform maintenance or experience outages caused by hosting, internet, browser, device, third-party, security, or other conditions outside our control.
We may suspend, restrict, or terminate access when we reasonably believe an account has violated these Terms, created security or legal risk, engaged in fraud or abuse, failed to pay amounts due, infringed third-party rights, or attempted to bypass Service restrictions.
Termination does not eliminate obligations or liabilities that arose before termination. Provisions concerning intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, governing law, and other terms that by their nature should survive will continue after termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CALIPER AUTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, secure, compatible with every device or browser, or that any content, template, recommendation, export, or result will meet your particular business objectives.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALIPER AUTO, GAMBETTA DEVELOPMENT, LLC, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CALIPER AUTO DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Caliper Auto, Gambetta Development, LLC, and their owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising out of or related to your User Content, violation of these Terms, misuse of the Service, violation of law, or infringement of another person's rights.
If you believe content accessible through the Service infringes your copyright or other intellectual-property rights, contact caliperauto@gmail.com with enough information for us to identify the material, understand the claimed right, and contact you. We may remove or restrict access to material where appropriate.
You agree that we may provide account notices, receipts, billing communications, service notices, policy updates, and other transactional communications electronically, including by email or through the Service. Marketing communications will be handled in accordance with our Privacy Policy and applicable law.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law controls.
Unless applicable law requires otherwise, legal actions arising out of or relating to these Terms or the Service must be brought in a state or federal court with jurisdiction in Pinellas County, Florida, and each party consents to personal jurisdiction and venue in those courts.
Before filing a lawsuit, you and Caliper Auto agree to make a good-faith effort to resolve the dispute informally for at least 30 days after written notice is received, unless emergency injunctive relief or another legal exception makes that impractical.
These Terms, the Privacy Policy, and any plan-specific terms presented at checkout constitute the agreement between you and Caliper Auto concerning the Service and supersede prior discussions or representations about the same subject matter.
If any provision is found unenforceable, the remaining provisions remain in effect and the unenforceable provision will be enforced to the maximum extent permitted by law.
A failure to enforce a provision is not a waiver of the right to enforce it later.
You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Service.
We are not responsible for delay or failure caused by events beyond our reasonable control, including internet outages, hosting failures, natural disasters, labor disputes, government actions, utility failures, cyberattacks, or third-party platform disruptions.
We may update these Terms as the Service, law, or our business practices change. The “Last updated” date identifies the latest revision. Where required by law, we will provide additional notice of material changes. Continued use after an updated version becomes effective means you agree to the revised Terms, except where applicable law requires a different form of consent.
Questions regarding these Terms may be sent to caliperauto@gmail.com.
Caliper Auto
Operated by Gambetta Development, LLC
Clearwater, Florida, United States