1. Acceptance of Terms
By accessing or using ForceCanvas ("Service"), operated by the individual owner of ForceCanvas doing business as Galileon Arc ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). By using the Service, you also expressly acknowledge and accept the limitations of the Service described in Section 2 (Use of Service) and Section 10 (Limitation of Liability). If you disagree with any part of these Terms, you must cease using the Service immediately.
2. Beta Program
ForceCanvas is currently offered as a beta product. By using the Service during this period, you acknowledge and agree to the following conditions: The Service is under active development. Features, functionality, and the user interface may be added, modified, or removed at any time without prior notice. We will make reasonable efforts to communicate significant changes but cannot guarantee advance notice of all modifications during the beta period. The Service may experience periods of instability, downtime, or degraded performance. We make no uptime or availability guarantees during the beta period and shall not be liable for any loss or inconvenience arising from service interruptions. Beta pricing reflects the early-stage nature of the product and is offered at a discount from what standard pricing will be at general availability. Beta pricing is not indicative of future pricing. We reserve the right to adjust pricing at the conclusion of the beta period with reasonable notice to active subscribers. Any feedback, suggestions, or ideas you voluntarily provide regarding the Service may be used by us to improve the product without obligation, compensation, or attribution to you. Beta status will conclude at our sole discretion. We will provide at least 14 days' notice before any pricing or material Terms changes that accompany the conclusion of the beta period.
3. Use of Service
ForceCanvas provides computational tools to assist with engineering statics problems. The Service is intended to support and augment engineering analysis, not to replace professional judgment, independent verification, or applicable engineering standards.
IMPORTANT — USER RESPONSIBILITY FOR OUTPUTS
By using this Service, you explicitly acknowledge and agree that: (1) ForceCanvas strives for accuracy but does not guarantee the correctness, completeness, or fitness of any output for any purpose; (2) errors can and do occur; (3) you are solely and fully responsible for independently verifying all outputs generated by the Service using appropriate methods, references, and professional judgment before applying them to any design, decision, or application; and (4) you assume full and sole responsibility for any consequence, harm, loss, injury, or damage arising from your use of or reliance on any output produced by the Service, including in any design, structure, or system you create.
You must not rely solely on this Service for any engineering decision, particularly in applications where errors could pose risk to the structural integrity of a design, public safety, human health, property, or the environment. In such applications, we strongly recommend independent verification by a qualified licensed engineer before any output is applied.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
4. Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to notify us immediately of any unauthorized access or use of your account. We shall not be liable for any loss or damage arising from your failure to comply with this obligation.
5. Eligibility
You must be at least 13 years of age to use this Service. Users between the ages of 13 and 17 may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on their behalf. By using the Service, you represent that you meet these eligibility requirements. We reserve the right to terminate accounts found to be in violation of this provision.
6. Prohibited Conduct
You may not:
- Use the Service for illegal or unauthorized purposes.
- Reverse engineer, decompile, or attempt unauthorized access to the Service or its underlying infrastructure.
- Engage in any conduct that disrupts, damages, or interferes with the operation of the Service.
- Misrepresent the outputs of the Service or use them without appropriate independent verification in professional or safety-critical contexts.
7. Free Trial
ForceCanvas offers a free trial period. A valid payment method may be required to begin your free trial. Unless you cancel before the trial period ends, your subscription will automatically renew and you will be charged the applicable subscription fee for the plan you selected. You may cancel at any time during the trial period without charge. We will provide notice of the upcoming charge prior to the end of the trial period where required by law.
8. Payment Terms
ForceCanvas uses Stripe to process payments securely. Subscription fees are billed on the billing cycle selected during signup (monthly or annually) according to the plan selected at the time of signup or account upgrade. Enterprise fees may be determined by separate written agreement. All fees are non-refundable except where we, at our sole discretion, determine a refund is warranted, or as required by applicable law.
9. Intellectual Property
The individual owner of ForceCanvas retains all intellectual property rights in and to the Service, including its software, content, trademarks, trade names, and documentation. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely as intended and in accordance with these Terms. No other rights are granted.
10. Data Privacy and Security
The collection, use, and protection of your personal data is 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 our Privacy Policy. Payment information is processed securely by our payment provider and is not stored directly by ForceCanvas.
11. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind arising from your use of, or inability to use, the Service, including but not limited to damages arising from errors, inaccuracies, or omissions in outputs generated by the Service.
You acknowledge and agree that you have assumed full responsibility for the validation of all outputs and for any decisions, designs, or actions taken in reliance thereon. Our total cumulative liability to you for any claims arising under or related to these Terms shall not exceed the greater of (a) the total fees paid by you in the three (3) months immediately preceding the claim, or (b) one hundred US dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.
12. Informal Dispute Resolution
Before initiating any formal dispute or arbitration, you agree to first contact us at support@forcecanvas.com and provide a written description of the dispute, the relief sought, and your contact information. Both parties agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date of notice. If the dispute is not resolved within that period, either party may proceed to binding arbitration as set forth in Section 12.
13. Arbitration and Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally pursuant to Section 11 shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org). Arbitration shall take place in California, or via remote hearing where agreed. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.
Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction, or from resolving eligible disputes in small claims court.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. This class action waiver may not be enforceable in all jurisdictions. Where it is found unenforceable, the class action shall be severed and proceed in court, while the individual arbitration agreement shall remain in effect.
14. Changes to Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' prior notice via email or in-app notification before such changes take effect. Your continued use of the Service after the notice period constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before the changes take effect.
15. Termination
We reserve the right to terminate or suspend your account and access to the Service at any time, with or without prior notice, for violations of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease. Sections 2, 8, 10, 11, 12, and 16 shall survive termination of these Terms.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in California.
17. Severability
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms shall remain in full force and effect.
18. Contact Information
If you have any questions about these Terms of Service, please contact us at support@forcecanvas.com.