# CalcDesk — Terms of Use
> **DRAFT — informational only, not legal advice. Have a licensed attorney review before relying on this.**
**Publisher:** Gorman Field Services, LLC (a Florida single-member limited liability company), Brandon, Florida
**Contact:** tgorman@gormanfieldservices.com
**Effective date:** July 3, 2026
**Version:** 1.0
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## 1. Agreement to These Terms
These Terms of Use ("Terms") are a legal agreement between you ("you," "your," or "User") and Gorman Field Services, LLC ("GFS," "we," "us," or "our") governing your access to and use of the **CalcDesk** application, whether accessed as a mobile web app, a browser-based app, or a version distributed through an app store (collectively, the "App").
By downloading, installing, accessing, or using the App, or by clicking "I agree" where presented, you accept these Terms. **If you do not agree, do not use the App.** If you are using the App on behalf of an employer or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the App.
## 2. What CalcDesk Is
CalcDesk is a collection of **calculators** for construction-materials-testing (CMT) and geotechnical laboratory work — including, without limitation, Proctor moisture-density, concrete compressive strength, sieve/gradation analysis, nuclear-gauge standard count, asphalt density, Atterberg limits, Limerock Bearing Ratio (LBR), and organic-content calculations.
The App accepts measurements you enter and computes engineering QC values using publicly available formulas associated with published ASTM, AASHTO, and FDOT test methods. The App references those method numbers for your convenience. The App does not reproduce, and is not a substitute for, the official published standards themselves.
## 3. License Grant
Subject to these Terms, GFS grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App for your own personal or internal business purposes — including use by an individual technician or engineer in the course of their work.
## 4. License Restrictions
You agree not to, and not to permit anyone else to:
- copy, modify, translate, or create derivative works of the App;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the limited extent applicable law expressly permits despite this restriction;
- rent, lease, lend, sell, redistribute, sublicense, or provide the App as a commercial hosted service to third parties;
- remove or alter any proprietary notices; or
- use the App in any way that violates applicable law or these Terms.
## 5. CRITICAL DISCLAIMER — Calculation Aid Only; Not a Professional Deliverable
**Please read this section carefully. It defines what the App is and is not.**
- **CalcDesk is a calculation aid.** It performs arithmetic on the values you enter. It is **not** a substitute for professional engineering judgment, professional testing, laboratory quality control, or the independent review of a qualified professional.
- **CalcDesk does not produce a sealed, stamped, signed, or certified engineering result** and does not constitute a professional engineering opinion, certification, or deliverable of any kind.
- **You are solely responsible** for the measurements and inputs you enter, for selecting the correct test method, for the accuracy of your equipment and procedures, and for the interpretation and use of any output.
- **You must independently verify every result** against the governing project specification and the current official published test method (ASTM, AASHTO, FDOT, or other controlling standard) before relying on it for any acceptance, rejection, reporting, or other decision.
- Results may be affected by rounding, unit assumptions, input error, method revisions, project-specific requirements, or software error. The App may contain bugs or produce incorrect output.
- **No output of the App should be the sole basis for any material acceptance, rejection, safety, or compliance decision.** A qualified professional must review and take responsibility for any such decision.
You assume all risk arising from your use of the App and its output.
## 6. No Professional Relationship
Your use of the App does not create any engineer-client, professional, fiduciary, advisory, or similar relationship between you and GFS or any person associated with GFS. GFS is not acting as your engineer, laboratory, or consultant, and provides no professional services through the App. Nothing produced by the App is the professional work product of any licensed engineer.
## 7. AS IS / No Warranty
**THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.** To the fullest extent permitted by law, GFS disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement.
GFS does not warrant that the App will be accurate, error-free, uninterrupted, secure, or that any result will meet your requirements or conform to any standard or specification. No advice or information, whether oral or written, obtained from GFS or through the App creates any warranty not expressly stated here.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
## 8. Limitation of Liability
**TO THE FULLEST EXTENT PERMITTED BY LAW:**
- GFS and its owner, members, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or for any project cost, rework, remediation, delay, penalty, professional liability, or third-party claim, arising out of or relating to the App or these Terms, even if GFS has been advised of the possibility of such damages.
- **GFS's total aggregate liability arising out of or relating to the App or these Terms will not exceed the amount you actually paid for the App (for example, US $4.99), or US $5.00 if you paid nothing.**
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and is a fundamental basis of the bargain between you and GFS. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case GFS's liability is limited to the smallest amount permitted by law.
## 9. Indemnification
You agree to defend, indemnify, and hold harmless GFS and its owner, members, and affiliates from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App or any output; (b) any decision, report, acceptance, or rejection you make in reliance on the App; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. This obligation survives termination of these Terms.
## 10. Intellectual Property
The App, including its design, code, calculators, layout, text, and GFS name and logo, is owned by GFS and protected by intellectual-property laws. These Terms grant you a license to use the App, not any ownership. Method numbers (e.g., "ASTM D1557," "AASHTO T 99," "FDOT FM 5-515") are cited for reference only; the underlying published standards are the property of their respective standards organizations, and GFS claims no rights in them. All rights not expressly granted are reserved.
## 11. Suggestion / Complaint Box — Acceptable Use
The App includes an optional suggestion/complaint box that lets you send a text message to GFS. If you use it:
- **Do not** submit unlawful, threatening, harassing, defamatory, obscene, or infringing content; personal data of others; confidential or client-proprietary information; or malicious code.
- **Do not** submit information you are not authorized to disclose. Do not submit sensitive personal, health, or financial information.
- **Rate limiting.** To prevent abuse, submissions are rate-limited per IP address. Automated, bulk, or abusive submissions may be blocked.
- By submitting a suggestion, you grant GFS a perpetual, worldwide, royalty-free license to use, review, and act on it (including to improve the App) without any obligation, compensation, or confidentiality to you. Do not send anything you expect to be kept confidential or to be paid for.
What the suggestion box collects and how it is handled is described in the Privacy Policy.
## 12. Third-Party Stores
If you obtained the App through a third-party app store (such as the Apple App Store or Google Play), your use is also subject to that store's terms. Those store terms may govern, and in some cases supersede, portions of these Terms (for example, refund, licensing, and dispute provisions). The store is not a party to these Terms and is not responsible for the App.
## 13. Termination
These Terms remain in effect while you use the App. GFS may suspend or terminate your license at any time if you violate these Terms or for any other reason. You may stop using the App at any time. Upon termination, the license in Section 3 ends and you must stop using the App. Sections that by their nature should survive (including Sections 5–11, 14, and 15) survive termination.
## 14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the informal-resolution step below, you agree that the exclusive venue for any dispute arising out of or relating to the App or these Terms is the state or federal courts located in Hillsborough County, Florida, and you consent to their personal jurisdiction.
**Informal resolution first.** Before filing any claim, you agree to contact GFS at tgorman@gormanfieldservices.com and attempt in good faith to resolve the dispute for at least 30 days.
*(Note to publisher: a formal arbitration/class-action-waiver clause is a common addition but has specific drafting and enforceability requirements — discuss with an attorney before adding one.)*
## 15. Changes to These Terms
GFS may update these Terms from time to time. The updated version will be posted with a new effective date, and, where practical, made available in or through the App. Changes are effective when posted. Your continued use of the App after changes take effect means you accept the updated Terms. If you do not agree, stop using the App.
## 16. Miscellaneous
If any provision is found unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. GFS's failure to enforce any provision is not a waiver. You may not assign these Terms; GFS may. These Terms, together with the Privacy Policy, are the entire agreement between you and GFS regarding the App.
## 17. Contact
Gorman Field Services, LLC
Brandon, Florida
Email: tgorman@gormanfieldservices.com
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*DRAFT — informational only, not legal advice. Have a licensed attorney review before relying on this.*