These Terms of Service (the “Terms” or the “Agreement”) govern your use of ElectraCalcIQ, a software-as-a-service platform for electrical engineering calculations, operated by Peninsula Logic, LLC, a Michigan limited liability company (“Peninsula Logic,” “we,” “us”). By creating an account, clicking to accept, or otherwise using the service, you (“Customer,” “you”) agree to be bound by these Terms.

1. Service Scope

ElectraCalcIQ is a software service for electrical calculation workflows, recordkeeping, and exports. The service is provided on a subscription basis by Peninsula Logic, LLC.

2. Account and Organization Responsibility

The account owner is responsible for organization users, seat assignments, and payment method management. You agree to provide accurate account information and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3. Engineering Responsibility

The service supports engineering work but does not replace professional judgment, code review, field validation, or licensed responsibility. See the Engineering Disclaimer for details.

4. Billing and Subscription

Paid subscriptions renew according to the selected billing interval unless canceled. Seat changes may apply immediately or at period end based on billing state and platform rules. A credit card is required at signup; trial periods are provided as described on the Pricing page. Refund handling is governed by the Refund Policy.

5. Acceptable Use

You may not use the service to violate law, circumvent security controls, infringe intellectual property rights, or abuse platform resources. You further agree not to: (a) probe, scan, or test the vulnerability of the service except as permitted by our published security policy; (b) interfere with or disrupt the integrity or performance of the service; (c) attempt to gain unauthorized access to the service, other Customer accounts, or the systems or networks connected to the service; or (d) use the service to store or transmit malicious code.

6. Data Ownership and License

Your data. As between the parties, you retain all right, title, and interest in and to the data, project inputs, calculation outputs, exports, and other content you submit to or generate through the service (“Customer Data”). Peninsula Logic acquires no ownership interest in Customer Data.

License to Peninsula Logic. You grant Peninsula Logic a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, back up, and display Customer Data solely as necessary to (a) provide, maintain, secure, and improve the service, (b) prevent or address technical or security issues, (c) comply with applicable law, and (d) enforce these Terms. This license terminates when the associated Customer Data is deleted from our systems in accordance with the Data Processing Addendum and the Security & Trust page.

What we do not do. We do not sell Customer Data. We do not train machine-learning models on Customer Data. We do not disclose Customer Data to third parties except as expressly permitted in the DPA or as required by law.

7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PENINSULA LOGIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PENINSULA LOGIC MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CALCULATION OUTPUT WILL BE SUITABLE FOR YOUR PARTICULAR PROJECT WITHOUT INDEPENDENT REVIEW BY A LICENSED ENGINEER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENINSULA LOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF PENINSULA LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PENINSULA LOGIC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PENINSULA LOGIC FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

By you. You will defend, indemnify, and hold harmless Peninsula Logic and its officers, directors, employees, contractors, and agents from and against any third-party claim, demand, action, or proceeding, and any related losses, damages, liabilities, settlement amounts, and reasonable attorneys’ fees, arising out of or related to (a) your Customer Data, (b) your use of the service in violation of these Terms or applicable law, (c) your infringement or misappropriation of any third-party right, or (d) any calculation output that you or a third party relies upon without the independent professional review required by the Engineering Disclaimer.

By Peninsula Logic. Subject to the limitations in Section 8, Peninsula Logic will defend you against any third-party claim alleging that the service, when used by you in accordance with these Terms, directly infringes a valid U.S. patent, copyright, or registered trademark, and will pay damages finally awarded against you (or amounts in settlement authorized in writing by Peninsula Logic) attributable to such claim. Peninsula Logic’s obligations under this Section 9 do not apply to claims arising from (i) Customer Data, (ii) modifications to the service not made by Peninsula Logic, (iii) combinations of the service with items not provided by Peninsula Logic, or (iv) your use of the service after Peninsula Logic has notified you to discontinue such use.

Procedure. The indemnified party must (a) promptly notify the indemnifying party in writing of the claim, (b) give the indemnifying party sole control of the defense and settlement (provided that no settlement admitting fault or imposing a non-monetary obligation on the indemnified party may be entered without the indemnified party’s prior written consent, not to be unreasonably withheld), and (c) provide reasonable cooperation at the indemnifying party’s expense.

10. Term and Termination

Term. These Terms take effect when you first accept them and continue for as long as you have an active subscription or account.

Termination for convenience. You may cancel your subscription at any time from the in-app billing page or by contacting support@electracalciq.com. Peninsula Logic may terminate a free-tier account for prolonged inactivity on 30 days’ prior notice.

Termination for cause. Either party may terminate these Terms immediately on written notice if the other party (a) commits a material breach that remains uncured 30 days after written notice, (b) ceases to do business, becomes insolvent, or is subject to a bankruptcy or similar proceeding not dismissed within 60 days, or (c) violates applicable law in a manner that materially affects the service. Peninsula Logic may suspend or terminate your access without prior notice if we reasonably believe your use of the service creates an imminent security, legal, or availability risk.

Effect of termination. On termination, your right to access and use the service ends. Peninsula Logic will provide a 30-day post-termination export window during which you may export Customer Data through in-app functions or by request to support@electracalciq.com. After the export window, Customer Data is deleted from production systems and purged from backups on the schedule described on the Security & Trust page. Provisions of these Terms that by their nature should survive termination (including Sections 6 last sentence, 7, 8, 9, 12, 13, 14, and 15) will survive.

No refund on termination for cause by Peninsula Logic. Fees paid are non-refundable except as expressly set out in the Refund Policy.

11. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, pandemics or epidemics, strikes, or failures of hosting providers, telecommunications providers, or third-party service providers on which the service depends. The affected party will use commercially reasonable efforts to mitigate the effect of the force majeure event and to resume performance as soon as reasonably practicable.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Emmet County, Michigan for any action not subject to the arbitration provisions in Section 13. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13. Dispute Resolution and Arbitration

Informal resolution first. Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute arising out of or related to these Terms through direct, written negotiation for a period of at least 30 days.

Binding arbitration. Except as set out below, any dispute not resolved through informal negotiation will be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator, seated in Petoskey, Michigan (or, at the parties’ mutual agreement, by videoconference), and conducted in the English language. The arbitrator’s award will be final and enforceable in any court of competent jurisdiction.

Carve-outs. Either party may (a) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, (b) bring an individual action in small-claims court, or (c) pursue enforcement actions through applicable government agencies, without first proceeding to arbitration.

No class actions. To the fullest extent permitted by applicable law, disputes will be arbitrated on an individual basis. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Opt-out. You may opt out of this Section 13 by sending a signed written notice, within 30 days of first accepting these Terms, to legal@electracalciq.com, stating that you decline to be bound by the arbitration provisions of these Terms.

14. Changes to Terms

We may update these Terms from time to time. When we do, we will post the updated Terms with a revised version number on this page. For material changes, we will provide reasonable advance notice by email to the account owner on file or by an in-app notification, at least 30 days before the changes take effect (unless a shorter period is required by law or by a security or availability incident). Your continued use of the service after the effective date of updated Terms constitutes acceptance.

15. Entire Agreement; Miscellaneous

These Terms, together with the Privacy Policy, the Data Processing Addendum, the Engineering Disclaimer, the Refund Policy, the Security & Trust page, and any order form or written amendment expressly agreed by the parties, constitute the entire agreement between you and Peninsula Logic with respect to the service, and supersede all prior or contemporaneous communications, proposals, and understandings on that subject, whether oral or written.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Neither party’s failure to enforce any right under these Terms constitutes a waiver of that right. Neither party may assign these Terms without the other party’s prior written consent, except that either party may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets on written notice to the other party. Any purported assignment in violation of this section is void. Notices to Peninsula Logic must be sent to legal@electracalciq.com; notices to you may be sent to the account email on file.

16. Contact

Questions about these Terms: support@electracalciq.com. Legal notices: legal@electracalciq.com.