Terms of Service
Effective Date: December 16, 2024
Welcome to Custody Calc. These Terms of Service ("Terms") govern your access to and use of the Custody Calc website, application, and services (collectively, the "Service") operated by Family Calcs("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
Important: Not Legal Advice
Custody Calc is a scheduling and calculation tool only. The Service does not provide legal advice and is not a substitute for consultation with a qualified family law attorney. Custody arrangements, child support calculations, and related matters are governed by state law and court discretion. Always consult a licensed attorney in your jurisdiction for legal advice specific to your situation.
Table of Contents
1. Description of Service
Custody Calc is a web-based application that helps co-parents and family law professionals:
- Create and visualize custody schedules
- Calculate overnight counts and custody percentages
- View state-specific custody threshold information for reference
- Export schedules to PDF and calendar formats
- Manage holidays and schedule overrides
The Service provides estimates and calculations based on the information you provide. We do not guarantee that any schedule or calculation will be accepted by a court or accurately reflect your legal obligations.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you must have the consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
To use certain features of the Service, you must create an account. When you create an account, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Infringe the rights of others
- Harass, abuse, or harm another person
- Submit false or misleading information
- Interfere with or disrupt the Service or servers connected to the Service
- Attempt to gain unauthorized access to any part of the Service
- Use automated systems (bots, scrapers) to access the Service without permission
- Reverse engineer, decompile, or disassemble the Service
- Use the Service for any commercial purpose without our prior written consent
5. User Content and Data
5.1 Your Data
You retain ownership of all data and content you provide to the Service ("User Content"), including custody schedules, case information, and notes. By using the Service, you grant us a limited, non-exclusive license to store, process, and display your User Content solely to provide the Service to you.
5.2 Accuracy of Information
You are solely responsible for the accuracy of information you enter into the Service. We do not verify the accuracy of custody schedules, parent names, or other information you provide.
5.3 Data Export
You may export your schedule data at any time using the PDF and iCal export features. We encourage you to maintain your own backups of important information.
6. Intellectual Property
6.1 Our Rights
The Service, including its design, features, code, content, trademarks, and logos, is owned by Family Calcs and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.
6.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to compensate you.
7. Pricing and Payment
7.1 Subscription Plans
The Service offers both free and paid subscription plans. The features available to you depend on your subscription tier. Current pricing and plan details are available on our Pricing page.
7.2 Payment Processing
Payments are processed securely through Stripe. By subscribing to a paid plan, you agree to Stripe's Terms of Service. We do not store your full credit card information on our servers.
7.3 Billing and Renewal
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
7.4 Cancellation and Refunds
You may cancel your subscription at any time from your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide prorated refunds for partial billing periods.
7.5 Price Changes
We reserve the right to change subscription prices at any time. If we change the price of your subscription, we will notify you at least 30 days before the change takes effect. Your continued use of the Service after the price change indicates your acceptance of the new pricing.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the Service will be uninterrupted, error-free, or secure
- That any calculations, schedules, or information provided by the Service will be accurate, complete, or suitable for your needs
- That the Service will meet your specific legal requirements or be accepted by any court
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILY CALCS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless Family Calcsand its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Any dispute between you and another user of the Service or any third party
11. Third-Party Services
The Service may contain links to third-party websites or integrate with third-party services (such as Google Calendar or Apple Calendar). We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.
12. Termination
12.1 By You
You may stop using the Service at any time. You may also request deletion of your account by contacting us at support@familycalcs.app.
12.2 By Us
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include violation of these Terms, fraudulent activity, or extended periods of inactivity.
12.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. We may delete your account data in accordance with our Privacy Policy. Sections that by their nature should survive termination (including Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive.
13. Changes to Service
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
14. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Effective Date." Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
15. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Baltimore County, Maryland. You consent to the personal jurisdiction of such courts.
Any claim or cause of action arising out of your use of the Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Family Calcsregarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
16.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
16.5 No Agency
Nothing in these Terms creates any agency, partnership, or joint venture between you and Family Calcs.
17. Contact Us
If you have questions about these Terms or the Service, please contact us at:
Email: legal@familycalcs.app
Custody Calc is part of the Family Calcs suite of tools for co-parenting families.