JW Engineering Solutions LLC
Please read these Terms carefully before purchasing or using ProCalc Toolset Suite. By completing a purchase, you confirm that you have reviewed and agree to be bound by these Terms.
These Terms and Conditions ("Terms") govern access to and use of ProCalc Toolset Suite and related software tools (collectively, the "Services") offered by JW Engineering Solutions LLC ("JW Engineering," "we," "us," or "our").
By creating an account, starting a demo, or completing a purchase, you agree to these Terms. If you do not agree, do not use the Services or complete a purchase.
If you purchase on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
Before buying any tool or license, you must review these Terms in full and affirmatively accept them at checkout.
Your purchase is conditioned on that acceptance. Completing payment constitutes your binding agreement to these Terms as of the purchase date.
Except where required by applicable law, all purchases are final and non-refundable. We do not provide refunds or credits for partial use, dissatisfaction, failure to use the Services, account termination, or expiration of the access period described in Section 6.
Payment disputes and chargebacks are handled under applicable card-network and payment-processor rules. We may suspend or terminate access for abusive, fraudulent, or bad-faith dispute activity.
Subject to payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the purchased tool(s) for your internal business purposes.
Unless you purchase an expressly labeled team or multi-seat license:
Team or multi-seat purchases grant the number of seats purchased. Each seat is for one individual user and may not be shared concurrently or rotated among unrelated users to circumvent seat limits.
The purchasing account holder is responsible for assigning seats appropriately within their organization.
A full suite or bundle purchase grants access only to the tools expressly identified in the checkout offer and order confirmation at the time of purchase (the "Licensed Tools").
We may include certain tools at no additional charge with a suite or promotional purchase (for example, 3×5 Why Builder or Process Flow Builder when stated at checkout). Included or bonus tools are licensed under the same Access Period and restrictions as the parent purchase — not as separate perpetual licenses.
We may add, modify, rename, replace, or retire tools in the ProCalc Toolset catalog over time. Tools released or added after your purchase date are not automatically licensed to you unless you buy them separately or we expressly include them in a renewal, upgrade, or bundle offer you accept.
If you hold a workflow playbook license, it covers only the tools identified in that playbook at checkout. If you hold a full suite license, it covers the Licensed Tools listed at your checkout, not every tool that may appear in the catalog or on the website in the future.
Free demos, trials, and preview access are time-limited evaluations. Demo access does not become a paid license except through a completed purchase subject to these Terms.
Each purchased tool or suite license grants access to the applicable Licensed Tools for 3 years from the date of purchase (the "Access Period"), unless terminated earlier under these Terms.
Access Period means the right to sign in and use the Licensed Tools as hosted by JW Engineering during that window. It is not tied to the life of the purchaser or their organization, and it is not a promise of perpetual or lifetime access.
We may modify, update, replace, or discontinue tools or features during the Access Period. We are not obligated to maintain any particular version, feature set, or tool indefinitely.
When the Access Period ends, your license expires and access may be disabled. Continued access after that date requires a renewal or new purchase on terms we publish at that time.
Renewal, if offered, will be at then-current published pricing and terms. We have no obligation to offer renewal, extension, grandfathered pricing, or migration to new tools.
Any access we provide after the Access Period without a new purchase is at our sole discretion, may be modified or withdrawn at any time, and does not amend these Terms, create a perpetual license, or prevent us from enforcing expiration in the future.
If a tool becomes unavailable due to technical failure, hosting outage, third-party service failure, or force majeure, JW Engineering is not liable for loss of access, loss of functionality, or loss of data — including during the Access Period.
Many tools perform calculations locally in your browser. You retain ownership of data you upload or enter.
You are solely responsible for backing up your data, exports, and work product. JW Engineering is not liable for any loss, corruption, deletion, or unavailability of customer data — whether stored locally, in browser storage, or through any connected service.
You must not upload data you lack rights to use or that violates applicable law.
The Services provide analytical and statistical aids for quality and process engineering. They do not replace professional judgment, validated methods, customer specifications, regulatory requirements, or your internal approval processes.
JW Engineering is not liable for any manufacturing, quality, safety, regulatory, financial, or business decision you make using the Services, including decisions that adversely affect part quality, process capability, yield, or compliance.
You are solely responsible for verifying results, validating methods for your application, and approving any action taken based on tool output.
The Services rely on third-party providers including, without limitation, Vercel (hosting), GitHub (source and deployment), Stripe (payments), and Supabase (authentication and licensing). Your use may also be subject to those providers' terms.
JW Engineering is not responsible for outages, errors, data loss, security incidents, pricing changes, account suspensions, or any other issue arising from or related to Vercel, GitHub, Stripe, Supabase, or any other third-party service — even when such issues affect your access to the Services or your data.
Your license fee covers access to the Licensed Tools during the Access Period in Section 6. It does not include dedicated support staff, guaranteed response or resolution times, custom development, on-site assistance, training, or consulting unless we expressly agree otherwise in a separate written agreement.
We may, in our sole discretion and without obligation, review good-faith reports of technical issues, security concerns, or errors affecting the Services. Any investigation, workaround, fix, patch, or update is provided on a best-efforts basis only and may be deferred, declined, or closed without action.
We do not warrant that any issue will be reproduced, diagnosed, or corrected, or corrected within any particular timeframe. How we prioritize reports, what we fix, and when we release changes are entirely at our discretion.
We may release updates, enhancements, or changes to the Services during the Access Period, and we may modify, limit, or discontinue tools, features, integrations, or hosting arrangements without liability, subject to Section 6.
Technical questions may be directed through contact channels we publish on the ProCalc Toolset Suite website or in purchase correspondence. The absence of a published support channel, or a delay in responding, does not create any support obligation beyond what we choose to provide.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of defects, or that results will be accurate or suitable for your intended use.
We do not provide a service level agreement (SLA) for uptime, availability, support response times, bug fixes, or data retention. Support and maintenance are described in Section 10 and are not guaranteed. Hosting and authentication depend on third-party providers described in Section 9.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JW ENGINEERING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC TOOL OR LICENSE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless JW Engineering from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your data, your violation of these Terms, or your violation of any law or third-party rights.
We may suspend or terminate access if you breach these Terms, abuse the Services, or if required for legal or security reasons.
Upon termination for cause, no refund is owed except where required by law. Sections that by nature should survive (including disclaimers, limitations of liability, and indemnity) will survive termination.
We may update these Terms from time to time. The "Last updated" date at the top of the Terms page indicates the current version.
Material changes apply to new purchases completed after the updated Terms are posted. Each purchase records the Terms version you accepted at checkout; that version governs your license for its Access Period unless applicable law requires otherwise.
Prior Terms versions, older marketing language (including references to "lifetime" access), informal communications, or website copy that is not part of the checkout offer do not override the Terms version accepted at purchase or the Licensed Tools listed in your order confirmation.
Continued use of the Services after Terms change does not by itself extend your Access Period or convert an expired license into a new term.
These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict-of-law rules. Exclusive venue for disputes shall be state or federal courts located in Michigan, unless applicable law requires otherwise.
If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.
These Terms constitute the entire agreement regarding the Services and supersede prior understandings on the same subject.
ProCalc Toolset Suite and JW Engineering are not affiliated with, endorsed by, or sponsored by any third-party organization or software vendor named or referenced in the Services, documentation, or marketing materials.
Third-party names, logos, and marks (including without limitation Excel®, PowerPoint®, Microsoft®, Minitab®, JMP®, and AIAG®) are the property of their respective owners and are used only for identification or descriptive purposes.
Industry reference scales, thresholds, and workflow labels (for example FMEA severity/occurrence/detection cues or common MSA pass/fail gates) are simplified guidance based on widely published practice. They are not copies of proprietary manuals and do not replace your customer, OEM, or regulatory requirements.
Questions about these Terms or the Services may be directed to JW Engineering Solutions LLC through the contact information provided on the ProCalc Toolset Suite website or your purchase correspondence.
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