Terms of Service

1. These terms, and what overrides them

These terms govern use of CaliberStatus, operated by [ENTITY] ("we", "us").

If your department has signed a separate written agreement with us, that agreement controls and these terms fill the gaps. Municipal customers routinely need their own contract language, and a signed services agreement always takes precedence over this page.

By creating an account or using the service, you agree to these terms. If you are agreeing on behalf of a department or agency, you confirm you are authorised to bind it.

2. What the service is

CaliberStatus is software for tracking continuing education, certifications and credential compliance, and for delivering and authoring training content.

What we provide is software. We do not provide accredited training content, we are not an accrediting body, and we do not certify, license or approve anyone. Your department's compliance obligations are owed to your state, your accrediting authority and your own policies — not to us, and not satisfied by us.

2.1 The limit of what this software can tell you

CaliberStatus reports what has been recorded in it, measured against the requirements configured in it. It cannot know whether those requirements are current, whether a state rule changed, or whether a record was entered correctly.

A compliance indicator in CaliberStatus is not a legal determination of compliance. The department remains responsible for verifying that its personnel actually hold the credentials they are required to hold. Do not treat a green dashboard as a substitute for that verification.

3. Accounts

Departments create and manage their own user accounts. The department is responsible for:

• Who has an account and what role each account holds
• Removing access promptly when someone leaves
• The accuracy of what its users enter
• Keeping credentials confidential — accounts are for one named person and are not to be shared

Tell us promptly at support@caliberstatus.com if you believe an account has been compromised.

4. Who owns what

4.1 Your data

Your department owns its data. Training records, credential records, member information, evaluations, and any content your department authors or uploads remain yours. We claim no ownership of it.

You grant us only the permission needed to run the service: to store, process, transmit and display your data for the purpose of providing CaliberStatus to you, and to make backups. That permission ends when your data is deleted under section 8.

4.2 Content you publish to an industry channel

CaliberStatus lets a department publish a course or topic it has authored to an industry channel— a shared space for agencies in the same discipline. Publishing is deliberate and per item. Nothing your department creates is published unless someone in your department publishes it.

When you publish to a channel, you grant the departments in that channel a non-exclusive, royalty-free licence to use, copy and adapt that content for their own internal training. You keep ownership; the licence covers use, not transfer.

A department that has already adopted your content keeps what it adopted if you later withdraw it. Withdrawal stops new departments from taking it; it does not reach into the records of a department that has already trained its people on it, because those records are that department's proof of training and cannot be retroactively unmade.

The licence does not permit anyone to resell your content, distribute it outside CaliberStatus, or publish it onward to a channel you did not publish to.

You confirm that your department holds the rights to anything it publishes, and that publishing it breaches neither a third party's copyright nor your own department's policies. This matters more than it may appear: material you bought is usually not material you may redistribute. See the DMCA policy.

Nothing in this section applies to records. Member, CE, credential and evaluation records are never shared with another department under any setting.

4.3 Our software

The CaliberStatus software, its design, and the CaliberStatus name and logo are ours. These terms grant your department a right to use the service, not a right to the software itself. You may not copy, reverse-engineer or resell it, or use it to build a competing product.

4.4 Uploaded material

You are responsible for having the right to upload what you upload. If your department uploads a copyrighted manual it does not have the right to distribute, that is your department's problem, not ours. See the DMCA policy for how to report infringing material.

5. Acceptable use

Do not:

• Upload material you do not have the right to upload
• Attempt to access another department's data, or any data your role does not entitle you to
• Distribute, publish or share content out of CaliberStatus in a way your own department's policies or your material's licences do not permit
• Probe, scan or test the security of the service without our written permission
• Interfere with the service's operation, or use it to distribute malware
• Falsify training or credential records
• Use automated means to extract data at a scale that degrades the service for others
• Share an account, or use someone else's credentials

Falsifying a training record deserves its own line. People's safety depends on these records being true, and we will terminate access for it.

6. Fees

Fees, term and payment schedule are as set out in your department's order form, quote or signed agreement.

• Subscriptions are annual, billed in advance, unless agreed otherwise
• Invoiced on net 30 terms unless your purchase order specifies otherwise
• Renewal. Subscriptions renew for a further year unless you tell us otherwise at least 30 days before the current term ends. We will send a renewal notice at least 60 days before each renewal date, so the notice always reaches you before your cancellation window closes. Where your agency's procurement rules do not permit automatic renewal, your signed agreement can replace this with an affirmative renewal each year.
• Fees are not refundable for a partial term, except as section 7 provides
• Price changes apply at renewal, with at least 60 days' notice. Within a term, the price is locked — including on a multi-year term

Taxes, if applicable, are additional.

7. Term, suspension and termination

You can terminate at the end of your current term by giving notice before it ends. Mid-term termination does not entitle you to a refund unless we have materially failed to provide the service and not fixed it within 30 days of written notice.

We can suspend access for non-payment after written notice and a reasonable chance to cure, or immediately where continued access poses a security risk or breaks section 5.

We can terminate for material breach that is not cured within 30 days of written notice.

If we discontinue the service entirely, we will give at least 90 days' notice, keep export available throughout, and refund the unused portion of any fees you have prepaid.

8. Getting your data out

Export to CSV is available in the product at any time, without needing to ask us.

When an agreement ends, your data stays available for export for ninety days. After that we delete it, unless you have asked in writing for longer.

Keep your own copies of anything your retention obligations require. Your records-retention duty is yours, and ninety days after termination we are no longer holding your records for you.

9. Disclaimers and limits

9.1 Provided as is

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the service will be uninterrupted or error-free, or that it will meet any particular regulatory requirement. This page carries no uptime commitment; where your department needs one, it belongs in a signed agreement.

9.2 Limit of liability

To the fullest extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, or lost data (beyond our obligation to maintain backups)
• Our total liability for any claim is capped at the fees your department paid us in the twelve months before the claim arose. Where no fees were paid — a free pilot or design partnership — that cap is one thousand dollars ($1,000).

These limits do not apply to the extent the law forbids them — for example, to our own gross negligence, wilful misconduct or fraud.

Specifically, and without limiting the above: we are not liable for any consequence of a department's non-compliance with its training, certification or credentialing obligations, including lost accreditation, fines, insurance consequences, or any claim arising from a member performing duties without a valid credential. The department is responsible for its own compliance.

9.3 Indemnity

You will indemnify us against third-party claims arising from material your department uploads or publishes to an industry channel, and from your department's breach of section 5. This is limited to those two things; it is not a general indemnity.

Where your agency is legally unable to indemnify — many public entities are restricted in what they may commit public funds to — say so and we will address it in your signed agreement rather than treat it as a blocker.

10. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the purposes of the agreement. Your data is your confidential information. Our non-public pricing, roadmap and technical information is ours.

Neither party's obligation covers information that is public, independently developed, or lawfully received from someone else. Disclosure compelled by law is permitted, with notice to the other party where legally possible.

Note for public agencies: records held by a public agency may be subject to public-records law. Nothing here prevents your department from complying with its own disclosure obligations.

11. Changes to these terms

We may update these terms. For changes that materially affect your rights, we will give at least 30 days' notice by email before they take effect. Continuing to use the service after that means you accept the updated terms. If you do not, you may terminate at the end of your current term.

12. Governing law and disputes

These terms are governed by the laws of [STATE], without regard to conflict-of-laws rules.

Disputes go to the state and federal courts located in [STATE], and both parties consent to the jurisdiction of those courts. There is no arbitration requirement.

Where your department's own procurement rules require its state's law or its own venue, raise it — that is a normal thing to settle in a signed agreement.

13. General

• Assignment. Neither party may assign these terms without the other's consent, except that either may assign to a successor in a merger or sale of substantially all assets.
• No third-party beneficiaries, except as section 4.2 provides for departments that have adopted content published to an industry channel.
• Severability. If a provision is unenforceable, the rest stands.
• No waiver. Not enforcing a provision once does not waive it.
• Entire agreement. These terms, plus any signed agreement and order form, are the whole agreement on this subject.
• Force majeure. Neither party is liable for delays caused by events outside its reasonable control.