Legal / FX:Scape LLC
This overview is for convenience. The full Terms below provides the details.
These Terms govern access to FX:Scape's website and publicly available software and, WHEN VALIDLY ACCEPTED OR INCORPORATED, the business transactions and services FX:Scape LLC provides. They contain important warranty disclaimers, risk allocations, indemnity obligations, limitations of liability, and provisions affecting legal rights. They do not supersede nonwaivable legal protections.
CERTAIN TOOLS AND SERVICES INVOLVE OVERHEAD RIGGING, STRUCTURAL AND LOAD ANALYSIS, STABILITY, WIND, ELECTRICAL SYSTEMS, AUTOMATION, AND OTHER HIGH-RISK WORK. INCORRECT RESULTS, INCOMPLETE INFORMATION, MISUSE, AND INSTALLATION OR OPERATIONAL FAILURES CAN CAUSE SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. A CALCULATED RESULT OR FAVORABLE STATUS INDICATOR IS NOT AN APPROVAL TO PROCEED.
“FX:Scape” or “Company,” “we,” “us,” and “our” means FX:Scape LLC. “Customer” means the individual or entity engaging FX:Scape for paid goods or services under an accepted transaction. “User” means a person accessing the website or its online tools. “Services” means services supplied by FX:Scape, including technical production support, consulting, programming, software, installation or integration support, rentals or equipment-related offerings, and website utilities, but only where actually offered and agreed. “Deliverables” means the specifically identified work product FX:Scape commits to deliver in an accepted transaction. “Order” means a signed or otherwise validly accepted proposal, quotation, statement of work, rental agreement, purchase order accepted by FX:Scape, or other written commercial agreement. “Tools” means the Company’s software applications, calculators, and digital utilities, whether free or paid. “Paid Tools” means Tools offered for a fee, subscription, license, or other consideration. “Tool Purchase Terms” means the specific pricing, features, billing, renewal, cancellation, term, and access conditions presented and validly agreed to when a Paid Tool is purchased. “Terms” means these Master Terms of Use. References to licensed professions do not claim FX:Scape holds any particular license.
Website visitors may review publicly accessible informational pages without necessarily entering a contract. Where the website displays affirmative acceptance, including the existing acknowledgment on safety-critical calculators, the agreeing User accepts these Terms to the extent enforceable. For commercial transactions, these Terms apply only when the Customer validly accepts them or they are clearly incorporated into an Order or other agreement. A reference on an invoice issued after contract formation does not by itself add new contractual obligations. If a signatory purports to bind an organization, that person represents authority to do so; the organization is bound only if legal requirements for authority and assent are satisfied.
An accepted Order may expressly incorporate the version of these Terms published and accessible at the time of acceptance. FX:Scape should retain an archival copy of that version. A separately negotiated, valid written agreement or specific negotiated Order term controls over these Terms where the two directly conflict for the covered transaction. Otherwise these Terms supplement the Order. Customer purchase-order boilerplate does not automatically override these Terms merely because it is transmitted to FX:Scape; conflicting terms require affirmative acceptance by an authorized FX:Scape representative. No unilateral webpage update amends an existing Order unless the parties validly agree.
FX:Scape may change the website, offerings, and prospective Terms. Material contractual changes require notice and renewed assent where required by law. For an accepted Order, the applicable version is the version incorporated when the Order was accepted unless the parties later validly agree otherwise. A Tool may be retired, corrected, or changed without preserving previous functionality, subject to existing obligations and law. Previously free Tools may become paid prospectively, but this does not by itself create a charge, authorize recurring billing, or alter an existing paid subscription or license term without required notice, consent, and compliance with applicable law.
Users must have legal capacity to accept applicable terms; users acting for a company must have authority. Accounts, where provided, may require truthful registration and reasonable credential protection. FX:Scape may restrict access for security, misuse, or material breaches consistent with applicable law. The Services are not represented as suitable for unsupervised use by minors in hazardous activities.
Website descriptions, portfolios, examples, price indications, and preliminary discussions are informational; they are not binding commitments to furnish labor, equipment, a particular schedule, a professional certification, or a particular result. Specific obligations arise through an accepted Order. Inclusion of regulated work in a list of potential services does not represent authorization or licensure to perform it; regulated work will be performed only through appropriately authorized parties where required.
Unless an Order states otherwise, an estimate is a good-faith approximation based on assumptions and information then available; a fixed-price offer binds only upon timely acceptance in the manner specified and FX:Scape's acceptance of the work. Quotations may exclude taxes, freight, travel, permits, lodging, rentals, consumables, third-party charges, and other items unless expressly included. Prices and availability may change before acceptance. No purchase order is accepted by silence or automated receipt alone.
Only the deliverables, quantities, locations, service windows, revisions, and tasks expressly included in the Order are included in the price. Additional programming iterations, troubleshooting, site visits, rework caused by changed requirements, after-hours activity, standby, or other out-of-scope work may require a written change order or other documented authorization. FX:Scape is not obligated to perform additional work without agreement on price and schedule. In urgent operational circumstances, parties may confirm changes by email or another agreed written method; the record should identify scope and price or rate basis.
Payment milestones, due dates, accepted payment methods, retainers, and deposits are as set out in the Order. Absent a stated due date, properly issued undisputed invoices are due 30 calendar days after receipt. A good-faith invoice dispute must be identified promptly in reasonable detail; undisputed portions remain payable. Late amounts may accrue charges only at the lesser of the expressly agreed rate or the maximum permitted by applicable law, and only after any required notice. FX:Scape may suspend further nonessential work after reasonable notice of material nonpayment where contract and law permit. Statutory mechanics-lien, stop-notice, prompt-payment, and consumer rules, when applicable, prevail.
Customer pays applicable transaction taxes, approved reimbursable expenses, and separately agreed third-party charges, except taxes imposed on FX:Scape's own income. Fees imposed by payment processors or financing arrangements will be disclosed and charged only where lawful. Travel and subsistence expenses are billable only where the Order establishes the applicable basis or Customer subsequently authorizes them.
Cancellation and rescheduling rights, notice periods, deposits, and fees are governed first by the accepted Order and mandatory law. Otherwise, cancellation does not erase payment obligations for services properly performed or noncancelable commitments reasonably incurred with Customer authorization before notice. Any additional cancellation or reservation fee must have been clearly agreed in advance and must comply with applicable law; this section does not create an undisclosed automatic penalty. FX:Scape will use commercially reasonable efforts to mitigate avoidable cancellation costs where required by law.
Project schedules are based on timely approvals, access, accurate specifications, and other identified dependencies. Unless an Order expressly guarantees a milestone, dates are reasonable targets rather than unconditional guarantees. Changes, late approvals, unsafe conditions, permit delays, vendor shortages, adverse weather, and circumstances beyond reasonable control may justify equitable schedule adjustment and documented additional cost as provided in the Order. Neither party is excused from obligations already accrued simply because a later event causes delay.
Customer must timely provide complete and accurate requirements, site information, technical files, plans, equipment specifications, access permissions, contacts, and approval decisions needed for the agreed scope. FX:Scape may reasonably rely on Customer-furnished information unless the Order requires independent validation or an obvious conflict requires inquiry. Customer is responsible for delays or reasonable documented additional work attributable to materially defective or withheld information, except to the extent caused by FX:Scape's own breach or legal duty.
Unless otherwise agreed, Customer is responsible for arranging lawful access to the worksite, necessary permissions, staging areas, suitable utilities, and cooperation from other trades or operators. Customer must disclose known hazards, site restrictions, and operational rules reasonably relevant to the work. FX:Scape may stop or refuse work presenting an imminent or unreasonable danger, without waiving its own workplace safety obligations. The parties will promptly address resulting changes to schedule and scope; nothing here displaces statutory responsibility for a safe workplace.
The Order should identify who obtains permits, inspections, engineering approval, owner approval, facility approval, and required professional sign-offs. If silent, no party may assume FX:Scape has undertaken duties outside its expressly contracted scope or legal obligations. Any work requiring licensure must be performed by duly authorized persons where required. No waiver or disclaimer authorizes unlicensed contracting or circumvents applicable building, fire, labor, or safety requirements.
FX:Scape may use appropriately qualified employees, subcontractors, and suppliers unless the Order requires otherwise; it remains responsible for duties imposed on it by the Order and law. Third-party goods, software, and services may have their own licenses, manufacturer warranties, supply limitations, and safety instructions. FX:Scape does not guarantee third-party acts or products beyond duties it expressly assumes or duties imposed by law.
Where the Order calls for review, demonstration, testing, or acceptance, the parties will use its stated criteria and process. Customer should promptly report reasonably identifiable deficiencies with enough detail for investigation. No automatic acceptance by silence applies unless conspicuously agreed and lawful. Acceptance does not waive concealed defects, express warranties, fraud claims, or nonwaivable rights. Additional post-acceptance changes or requests may be billable when outside the agreed scope.
Corrections, included revisions, support windows, maintenance, response times, and warranties exist only to the extent stated in an Order or required by law. Unless stated otherwise, ongoing monitoring, software hosting, future updates, equipment maintenance, third-party licensing fees, and post-delivery troubleshooting are not automatically included. FX:Scape may offer additional services under a new or amended Order.
If FX:Scape sells, rents, lends, transports, installs, programs, or services equipment, ownership and responsibility are determined by the applicable Order and mandatory law. A rental does not transfer title. Customer must use equipment only as authorized, follow reasonable operating and safety instructions, and promptly report malfunction or damage. Risk of loss, damage, maintenance duties, and return conditions must be expressly allocated in the applicable rental or service documentation; these Terms do not impose an undisclosed blanket risk transfer for every transaction.
Responsibilities for engineering, fabrication, installation, inspection, programming, commissioning, operating, monitoring, removal, and strike must be defined in the Order. Participation in one phase does not make FX:Scape responsible for all other phases. When Customer or third parties operate or modify systems after handover, they remain responsible for their own actions. FX:Scape remains responsible for its contracted tasks and nonwaivable legal duties. Written turnover instructions, limitations, and operational conditions should be supplied where relevant.
Entertainment projects may involve elevated work, pyrotechnic or atmospheric effects, automation, lasers, power distribution, rigging, theatrical scenery, moving equipment, audience proximity, and other hazardous conditions. Parties must coordinate authority to operate, emergency stops, exclusion zones, training, permitting, fire and life safety, and competent supervision appropriate to the project. A demonstration, cue test, rehearsal, or successful show does not certify an installation as safe for all future conditions.
Custom software, control programs, scripts, integrations, and configurations are governed by the agreed specifications, supported environment, deliverables, and acceptance criteria. Unless expressly included, FX:Scape does not promise compatibility with every future operating system, device, API, vendor platform, or product revision. Customer is responsible for keeping appropriate backups, access credentials, vendor accounts, and lawful licenses within its control. Security, privacy, uptime, service-level, disaster-recovery, and maintenance obligations must be specifically agreed if required.
FX:Scape LLC and the respective lawful owners or licensors retain rights in preexisting works, reusable code, algorithms, templates, libraries, methods, documentation, branding, and tools. Payment for services does not itself transfer copyright or source-code ownership. The Order must expressly identify any assignment, source-code delivery, exclusivity, or additional license. Unless the Order says otherwise, upon full payment Customer receives a nonexclusive, perpetual license to use delivered project-specific work product for the intended internal or project purpose, subject to third-party terms and the rights in underlying technology; this default license does not include the right to sell, sublicense, or distribute proprietary source code as a standalone product. No provision adjudicates the ownership of a work as between FX:Scape LLC and any author, employer, or third party.
Customer represents that it has sufficient rights to supply the information, media, music, images, drawings, files, and other materials furnished for the project and to authorize their agreed use. Licensing and public-performance rights are not presumed included. FX:Scape may use Customer materials solely as needed to perform the transaction, subject to confidentiality and applicable law. Responsibility for third-party content supplied by FX:Scape is as stated in the Order and applicable law.
Information clearly designated confidential or reasonably understood to be nonpublic business information must be protected with reasonable care and used for the relevant engagement, excluding information lawfully public, independently developed, or rightfully obtained elsewhere. Required legal disclosures are allowed with notice where lawful and practicable. Neither party receives blanket permission to disclose trade secrets or personal information. FX:Scape will seek consent before identifying confidential projects or using a Customer's protected marks in promotional materials where required by agreement or law. Specific nondisclosure agreements control conflicts.
FX:Scape's Privacy Policy describes website personal-data practices and does not displace statutory privacy rights. Paid projects involving personal data, regulated data, credentials, or sensitive systems may require a written data-processing or security addendum. The parties must not assume a public calculator is approved for uploading personal, confidential, classified, or regulated information. Neither party may represent that any internet-connected system is risk-free.
Subject to applicable terms and any Tool Purchase Terms, FX:Scape grants users a limited, nonexclusive, nontransferable right to access or use each offered Tool for its permitted purpose and access period. A free Tool may become paid prospectively, and Paid Tools may have separate feature, seat, device, usage, account, or term restrictions disclosed at purchase. Users may not compromise security, impersonate others, unlawfully copy protected software, defeat access restrictions, or misstate that results were certified or approved by FX:Scape. Rights provided by law, including applicable interoperability or fair-use rights, remain unaffected. FX:Scape may suspend abusive access and may change or retire features subject to existing commitments and law.
FX:Scape may make Tools available without charge, through a one-time purchase, by subscription, on a usage-based basis, or under a separate enterprise license. Prices, included features, access limits, payment obligations, and licensing terms apply only if disclosed and validly agreed to. Moving a free Tool to a paid model does not authorize charges to prior users or retroactively change rights already purchased. Access to a Paid Tool is not an engagement for consulting, engineering, inspection, certification, installation, or another professional service unless expressly agreed in a separate Order.
When a user purchases a Paid Tool, the accepted Tool Purchase Terms identify the price, relevant access or license duration, any usage or seat restrictions, and the specific features or deliverables purchased. Unless otherwise agreed, purchasing access grants a limited, nonexclusive, nontransferable license to use the Tool during the agreed term; it does not transfer ownership of software, source code, calculation methods, or underlying data. License expiration may end access to paid features. Users should preserve their own lawful exports and records before an access term ends. FX:Scape will honor applicable prepaid access commitments and legally required remedies.
Subscriptions do NOT renew automatically unless automatic-renewal terms are clearly disclosed and the user gives any affirmative consent required by law. Where automatic renewal is offered, the purchase process will disclose the price, billing frequency, renewal duration, trial or promotional conditions, and cancellation method before consent is collected. FX:Scape will provide acknowledgments, reminders, notices of material price changes, and cancellation mechanisms to the extent applicable law requires. For California consumer subscriptions, this includes applicable requirements of the California Automatic Renewal Law. These Terms alone do not establish consent to recurring charges. Any change to subscription fees will apply only as authorized by the accepted offer and applicable law.
Users may cancel automatic renewal through the cancellation method provided at purchase and through other channels required by law. Timely cancellation prevents future renewal charges but generally does not terminate already-paid access before the agreed end of the current term, except where law or the applicable offer requires otherwise. Refund eligibility for one-time purchases, unused portions, trial conversions, outages, billing mistakes, or early termination is governed by the applicable purchase offer and mandatory consumer law. Nothing in these Terms imposes a categorical “no refunds” rule, denies nonwaivable cancellation rights, or limits lawful charge disputes. Users should contact FX:Scape promptly about suspected billing errors; doing so does not waive statutory rights.
FX:Scape may correct defects, update formulas and underlying data, modify interfaces, add or remove features, or address security concerns. No particular update, backwards compatibility, permanent availability, support level, or data-retention period is promised unless expressly stated in Tool Purchase Terms or another agreement. Material reductions to paid functionality or early discontinuation during a paid term will be handled consistently with applicable purchase commitments and law, including any required refund or other remedy. Users must reassess results following relevant changes; older Outputs do not become certified or current merely because they were generated under a paid license.
The safety, input-verification, professional-review, report, and technical accuracy provisions in Sections 28 through 36 apply equally to free and paid Tools. Payment, a subscription, a premium label, access to additional functions, or an enterprise license does not constitute engineering approval or eliminate the need for qualified judgment and independent verification. If a Paid Tool is separately used within an accepted professional-services Order, that Order governs only the expressly contracted professional work; Tool outputs remain subject to the applicable technical limitations unless the Order expressly establishes another standard or deliverable.
Bridle, structural, load/span, tower-stability, electrical, mechanical, and other technical calculators are aids for preliminary estimation, planning, and reference. They do not establish an engineering engagement, licensed professional certification, approved rigging plan, stamped structural design, regulatory compliance, or permission to construct, suspend, load, energize, or operate anything. Users must seek independent competent or licensed professional review when the activity or applicable law requires it. The absence of a warning does not establish safety.
Users bear responsibility for entering and independently checking correct values, units, geometry, load cases, equipment identification, manufacturer ratings, and site conditions. Technical models may omit dynamic effects, lateral loads, connection failures, torsion, fatigue, buckling, environmental forces, physical damage, foundation behavior, workmanship, human error, and other hazards. A Tool may solve only the mathematical relationships expressly modeled and cannot evaluate every component of the physical load path.
A bridle calculation may estimate forces for selected geometry and equilibrium assumptions, but does not evaluate every sling, shackle, hoist, building attachment, structural member, side-loading condition, hardware orientation, or operational and dynamic effect. Forces at an attachment do not establish that the attachment or supporting structure is adequate. Favorable tension or utilization values never authorize overhead suspension above workers, performers, visitors, or occupied areas. A qualified person must verify the entire arrangement and necessary approvals before use.
Tower calculations may provide simplified overturning or restoring-moment estimates and may exclude sliding, ground or roof support failure, buckling, inadequate attachments, wind gusts, topography, ballast security, and other failure modes. A green indication or favorable ratio is not proof of structural stability or a safe operating wind threshold. Appropriate site-specific engineering, inspections, ballast restraints, operating thresholds, weather monitoring, and emergency procedures remain necessary.
Load/span estimates may assume idealized supports and load distributions and may use published data, interpolation, extrapolation, or mathematical approximations. Interpolated results are only as reliable as their assumptions and data; extrapolated values are NOT manufacturer-approved capacities. Acceptable bending, reaction, or deflection estimates do not determine connection strength, torsion, shear, fatigue, lateral stability, structural condition, or suitability of a specific manufacturer's product. Users must independently verify the applicable published load table and restrictions.
Electrical, DMX, power, unit-conversion, QR/barcode, control, planning, and future software tools may also contain errors, incomplete standards implementation, incompatibilities, and misunderstood outputs. Generating a barcode does not establish registration, legal identifier ownership, regulatory compliance, or scannability in all applications. Producing a schedule or control setting does not validate operational readiness. Tool-specific on-screen notices supplement these Terms and do not replace them.
Tools can contain programming defects, incorrect formulas, numerical instability, rounding issues, conversion mistakes, errors in published or third-party data, and obsolete specifications. Floating-point precision, tolerances, edge cases, and model simplifications may materially affect outputs. Cited codes or standards may cover only selected methods rather than complete compliance, and the applicable edition may differ by jurisdiction. Users must reconcile conflicts against authoritative documentation and appropriate independent analysis before consequential reliance.
A PDF, printout, diagram, status color, percentage, or exported calculation is not an engineering certificate or professional signoff. Users may retain and share lawful outputs for their projects but must not remove material safety notices or claim FX:Scape certified a design. Reports can become outdated after changes to software, equipment, standards, geometry, or site conditions. Users who share reports must communicate their limitations and must not treat a result as a transferable authorization to operate.
Before safety-critical use, users must independently verify inputs, outputs, equipment condition, capacity, physical geometry, supports, installation and operational procedures, and legal requirements through appropriate qualified personnel. Re-running the same tool with the same assumptions is not necessarily independent verification. If a capacity is unknown, a model is inapplicable, data conflict, or results are uncertain, the user must not interpret a favorable displayed value as evidence that proceeding is safe. Employers and other responsible persons retain their statutory safety duties.
FX:Scape will perform paid professional services in accordance with express obligations of an accepted Order and mandatory law. No website statement independently creates additional commercial warranties. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE PUBLIC WEBSITE, TOOLS (FREE OR PAID), AND ASSOCIATED OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED OR EXPRESS WARRANTIES ACTUALLY PROVIDED IN AN APPLICABLE ORDER OR TOOL PURCHASE TERMS. FX:Scape does not warrant that Tools are error-free, continuous, comprehensive, current, or sufficient for a particular safety-critical use. Payment for a Tool does not make it a professionally certified design or engineering service. This section does not negate enforceable express warranties or mandatory consumer remedies.
Users acknowledge the foreseeable hazards of rigging, structures, mechanical and electrical systems, and similar activities. They assume inherent risks of their own independent decisions, acts, equipment, and site conditions to the extent permitted by law, but no provision purports to excuse FX:Scape for nonwaivable duties or legally nonwaivable claims. Mere website access is not a substitute for clear assent to any risk allocation requiring agreement. Technical acknowledgments do not establish that a User is trained or authorized.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, for claims arising from the public website or any Tool (free or paid), other than separately contracted professional services, the aggregate monetary liability of FX:Scape LLC arising from the same event or related series of events shall not exceed the GREATER OF (A) US $100 OR (B) THE FEES ACTUALLY PAID BY THE CLAIMANT TO FX:Scape FOR THE PARTICULAR AFFECTED TOOL DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Tool access fees do not count as professional-services fees solely because a Tool addresses a technical subject. This limitation does not reduce mandatory refunds, statutory remedies, or liabilities that cannot lawfully be limited, as addressed in Section 41; an express different limit in validly accepted Tool Purchase Terms controls where applicable and lawful.
UNLESS THE ACCEPTED ORDER EXPRESSLY STATES A DIFFERENT LIMIT, AND ONLY TO THE EXTENT PERMITTED BY LAW, the aggregate monetary liability of FX:Scape LLC arising out of a particular paid Order, across all legal theories and related claims, is limited to the total fees paid or payable to FX:Scape under that particular Order, excluding reimbursed third-party expenses and taxes. Claims involving separate Orders are not automatically pooled. This limit does not apply to liabilities that cannot lawfully be limited, including the matters identified in Section 41. If a mandatory statute or the parties' negotiated agreement establishes a different applicable limit, that provision controls.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, DEATH, STATUTORY VIOLATIONS, OR ANY OTHER CONDUCT OR REMEDY TO THE EXTENT APPLICABLE LAW PROHIBITS THE PARTICULAR EXCLUSION OR LIMITATION. This language does not admit that every listed category is categorically non-limitable under every circumstance; enforceability is assessed under applicable law and public policy. California Civil Code §1668 and other mandatory statutes may affect enforceability. These Terms do not restrict agency complaints or nonwaivable consumer, employee, or safety rights.
SUBJECT TO SECTION 41 AND APPLICABLE LAW, neither party is liable to the other for indirect, incidental, special, exemplary, or consequential damages arising from an accepted commercial Order, including lost profits, lost opportunities, or business interruption, except to the extent the Order expressly provides otherwise. This exclusion does not automatically apply to an express contractual payment obligation, properly recoverable indemnified third-party claims, or damages a court determines cannot lawfully be excluded. For free Tools, the same exclusion applies to the maximum extent permitted by law.
For commercial Orders, and only to the extent permitted by applicable law, Customer agrees to indemnify FX:Scape LLC and its covered personnel against third-party claims and reasonable defense costs to the extent caused by Customer's material breach, infringement through Customer-provided content, unauthorized claims of FX:Scape certification, or negligent or unlawful acts or omissions by Customer or those under its control. The obligation does not extend to losses to the extent caused by FX:Scape's own negligence, misconduct, breach, or legal duties where such allocation is unlawful. FX:Scape will provide reasonably prompt notice and cooperate in the defense; settlement imposing admissions or nonmonetary obligations on an indemnifying party requires its consent. Defense obligations are interpreted consistently with California Civil Code §2778, subject to the agreement and applicable law. Ordinary private Users of free Tools have no broad contractual duty to defend FX:Scape merely by visiting the site.
Each party is responsible for insurance required of it by law or the accepted Order. Unless the Order explicitly requires it, neither party warrants that the other is an additional insured or that a particular risk is covered. Project-specific certificates of insurance, additional-insured endorsements, waivers of subrogation, and required coverages must be addressed in the Order when necessary. No contractual disclaimer is a substitute for sufficient insurance or mandatory occupational safety responsibilities.
Parties should promptly give written notice of a dispute, material defect, damage, or claim with sufficient information for reasonable investigation and preservation of relevant evidence. Where lawful and feasible, FX:Scape may be offered a reasonable opportunity to inspect and address alleged deficiencies; however, this does not prevent emergency mitigation or impose a shorter statutory limitation period. Neither party must postpone emergency action to protect people or property. No failure to provide informal notice forfeits claims where such forfeiture is prohibited by law.
The FX:Scape website, proprietary software, code, diagrams, documentation, brands, and other materials are protected by applicable intellectual property laws. Rights belong to FX:Scape LLC or their respective lawful owners and licensors. Use of the website or payment for a service does not, without an express assignment, transfer ownership of source code, proprietary methods, or preexisting works. These Terms do not adjudicate ownership among an individual author, FX:Scape LLC, an employer, or another claimant.
Users retain rights in their own data and independently created work. Users may ordinarily export their results for lawful internal reference and project records, subject to the restrictions on misleading engineering claims, protected code, proprietary materials, and required disclosures. User feedback may be used to improve services to the extent authorized by law and without transferring rights in protected confidential materials. References to third-party marks do not imply endorsement or affiliation.
Personal-information practices are described in the separate FX:Scape Privacy Policy, which does not diminish applicable privacy rights. FX:Scape's Accessibility Statement describes its accessibility goals and feedback routes; neither statement substitutes for legal accessibility obligations. If the website and an accepted Order impose different data-security duties, the applicable written Order or data-processing agreement controls to the extent valid and consistent with mandatory law.
Neither party is responsible for a delay in a nonpayment performance obligation to the extent directly caused by an unforeseeable event beyond reasonable control, such as natural disasters, severe weather, government orders, utility interruptions, or widespread supply disruptions, provided the affected party promptly informs the other where reasonably possible and uses reasonable efforts to mitigate. This section does not excuse an existing payment duty, ordinary foreseeable staffing issues without more, or failures that reasonable precautions would have avoided. After a material prolonged disruption, the parties will address equitable cancellation or scope changes under the Order and applicable law.
A material breach may support suspension or termination after any contractually required notice and opportunity to cure, except where immediate action is reasonably needed to prevent harm, unlawful conduct, or a security incident. Termination does not relieve payment for services properly performed or authorized irrevocable commitments, nor extinguish accrued rights. In a free Tool context, FX:Scape may terminate access for misuse subject to applicable law. Intellectual property, lawful liability allocations, payment, confidentiality, and dispute provisions survive to the extent their nature and enforceability require.
These Terms are governed by California law, without displacing other jurisdictions' mandatory protections. Subject to nonwaivable venue and jurisdiction rights, disputes may be filed in courts of competent jurisdiction in Orange County, California. Parties are encouraged to discuss disputes in good faith before litigation, but informal discussion is not a mandatory precondition to emergency relief, regulatory complaints, or legal claims. These Terms do not impose mandatory arbitration or a class-action waiver. A later Order may negotiate dispute resolution expressly where lawful.
If a provision is invalid or unenforceable, it is limited or severed to the extent permitted by law without automatically invalidating the rest. Failure to enforce a provision once is not a permanent waiver. Headings aid navigation and do not change the agreement's meaning. The phrase “including” is illustrative. The parties do not intend for a court to reconstruct a legally prohibited exculpatory clause into an enforceable waiver where law does not permit it.
For an Order validly incorporating these Terms, the Order, any controlling negotiated agreements, these Terms as incorporated, and expressly included exhibits form the parties' agreement on the relevant subject, superseding prior nonbinding discussions to the extent lawful. Changes require a method of acceptance valid under applicable law. Nothing excludes liability for fraudulent inducement or other claims whose exclusion is unlawful. The published website version does not automatically amend a previously accepted commercial Order.
FX:Scape LLC
Website: https://fx-scape.com
Legal contact: terms@fx-scape.com
General contact: https://fx-scape.com/contact/
Formal service of process or legally required notices must follow applicable law or the specific notice provisions of an accepted Order. A general website form is not necessarily an authorized method of formal legal service.
When an FX:Scape Technical Tool presents a checkbox, button, or other affirmative agreement control, selecting it confirms acceptance of the applicable published Terms. Users acknowledge that numerical outputs may be inaccurate or incomplete; acceptable percentages, green indicators, or apparently adequate capacities do not establish safe design, lawful compliance, or permission to install or operate; manufacturer data, equipment condition, site-specific conditions, and professional obligations require independent verification; and a qualified or licensed professional may be required for safety-critical applications. If the basis for a decision is uncertain, do not proceed on the Tool's output alone. No acknowledgment waives rights that cannot lawfully be waived.
© FX:Scape LLC and respective rights holders. All rights reserved except as expressly licensed.
Legal, privacy, and accessibility contact: terms@fx-scape.com