FittingsOS Terms of Service (also referred to as Terms of Use and Terms and Conditions), Limited License, Beta Software Acknowledgement, Assumption of Risk, Release, Indemnity, and Electronic Signature Agreement

You agree that a contract is formed when you complete either of the following, each of which is independent and sufficient. (1) Sign-in agreement: on the sign-in screen you are presented with a conspicuous checkbox labeled in substance “I agree to the Terms of Service, Privacy Policy, and Data Processing Agreement,” with hyperlinks to the full instruments, and you check that box before submitting credentials. Checking that box is assent to these Terms, the Privacy Policy, and the DPA then published. (2) Typed-name click-wrap: you (a) are presented with these Terms in a scrollable preview pane, with a link to the full instrument, (b) type your legal name, (c) check the box labeled in substance “I agree to the Terms of Service, Privacy Policy, and Data Processing Agreement, including beta CNC tools, prove-out, the release, and sole responsibility for prints, drawings, standards, and G-code you upload,” and (d) click the button labeled “Accept.” Checking that box constitutes acknowledgement of Exhibits A, B, and C and of the incorporated Privacy Policy and DPA. That sequence is a click-wrap acceptance. You agree it is conspicuous, that you had actual notice and a reasonable opportunity to review, and that a reasonably prudent person would understand that clicking or checking constitutes assent (see, e.g., the principles discussed in Meyer v. Uber Technologies, Inc., 868 F.3d 66 (2d Cir. 2017), and California authorities on mutual assent). Signing or checking without reading still binds you.

Provider will retain a record of: instrument version, UTC timestamp, typed legal name, title, organization, initials, acknowledgement map, account username, user-agent string, and (if available) a coarse network identifier. That record is a business record under the California Evidence Code and Federal Rule of Evidence 803(6). You agree it is authentic evidence of your assent. You may print or download a copy from the Legal screen at any time.

A signature need not be wet ink. Under ESIGN and California UETA, an electronic signature may not be denied legal effect solely because it is electronic. Your typed name is adopted as your signature with present intent to authenticate this instrument.

First use of credentials, first use after an administrator provisions you, and use after a TERMS_VERSION change each independently require (or constitute, if you proceed) assent to the then-current instrument bundle — these Terms, the Privacy Policy, and the DPA. Provider will withhold shop-UI access until you re-execute the typed-name click-wrap when TERMS_VERSION changes. Refusal means you may not use the Software. Continued use of a version you have already executed constitutes ongoing assent to that version until a new version is published. Continued use of the public website (pages that do not require an account) after a posted update to the Privacy Policy constitutes acceptance of that Policy as to website activity.

The Software is offered solely for legitimate internal business operations of machine shops, fittings manufacturers, and similar industrial users. It is not offered for personal, family, or household purposes. You represent that you are not a “consumer” within the meaning of the Consumers Legal Remedies Act or similar statutes as to this transaction.

You represent that you are at least 18, have legal capacity, and if signing for an entity you are an employee, officer, member, or agent with actual (not merely apparent) authority. If you lack authority, you are personally bound and you will indemnify Provider for any claim that the entity is not bound.

You may not use the Software if you are on a U.S. denied-party list, located in an embargoed jurisdiction, or otherwise prohibited from receiving U.S. commercial software.

“Software” means FittingsOS, including the multi-tenant ERP, job book, receiving, parts catalog, quotes, packets/travelers, shipping, finance hooks, inventory, materials, lubes, machines, training, org chart, quality modules, calibration, FAIR, PPAP, documents, CAPA, complaints, customer portal, Studio CAD/CAM, lathe and mill generators, block-forging and WP generators, thread and cutoff utilities, DNC vault, Ally DNC, AI assistant, license/activation, biometric and face login, APIs, Documentation, and Updates.

“BETA CNC Features” means, without limitation: (i) lathe end-family G-code generators and dimension ladders; (ii) Studio 2D CAD, constraints, mill toolpaths, and posts; (iii) block-forging, contour, and 45° centerline programs; (iv) AS1376 / weep-hole / port / bushing / internal / nose / pipe helpers; (v) thread helix and canned-cycle emitters (including G76/G92/G32 and similar); (vi) cutoff and saw programs; (vii) macro/parametric and recipe/sequence builders; (viii) NCF “auto-score,” “ready to run,” and checklist features; (ix) DNC vault, Ally DNC, and any send-to-machine, drip-feed, RS-232, Ethernet, or USB export; (x) any post-processor, sanitizer, highlighter, or preview geometry. BETA CNC Features are experimental.

“Customer Data” means jobs, S.O. numbers, control numbers, parts, prices, FAIRs, NCRs, G-code, drawings, heat lots, calibration logs, biometrics templates, and all other data you submit or generate.

“QMS Tools” means NCR, CAPA, FAIR/AS9102 packages, calibration/MSA, PPAP, document control, e-sign, dual-control, training/competency, special-process registers, and related templates (including QMSP/QMSF numbered forms). They are software, not a certified quality management system.

“Authorized User” means a natural person provisioned credentials. Shared generic logins for quality-release or CNC-release authorities are prohibited where individual accountability is required.

Subject to these Terms and any MSA/Order Form, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Software for the Customer’s internal manufacturing and quality operations, up to licensed seats, tenants, and modules.

The Software is licensed, not sold. Provider and its licensors retain all right, title, and interest, including copyrights, trade secrets, trademarks (FittingsOS, Studio, the hex-and-gold trade dress), generator logic, end-family tables, QMS masters, house standards, Ally layout, and Documentation. No implied license. Feedback may be used by Provider without restriction or royalty.

You shall not: (a) copy, modify, or create derivative works except as the Software permits for your Customer Data; (b) reverse engineer except to the limited extent non-waivable law allows; (c) scrape screens, generators, or tables to build a competing product; (d) feed the Software or Documentation into a public model or “custom GPT” for training; (e) rebrand FittingsOS as your software; (f) circumvent license, seat, module, e-sign, audit-log, or ITAR flags; (g) resell access as a bureau without a written service-provider license; (h) probe other tenants’ partitions; (i) upload malware; (j) falsify quality records.

Open-source components are licensed under their own notices. Those notices do not expand Provider’s warranty.

You are responsible for the confidentiality of credentials, authenticator secrets, device tokens, face/biometric templates, and shop-tablet device codes issued to you. Notify an administrator immediately of compromise. Provider may treat actions under your credentials as yours.

Face login and platform biometrics, if enabled, are convenience unlocks. They are not a substitute for export-control screening, quality dual-control, or identity proofing required by your procedures. Biometric data, if stored locally or by a platform authenticator, is processed as described in Article XVI. You consent to that processing for authentication only.

Administrator-created accounts are not effective for use of BETA CNC Features or quality-release features until the Authorized User personally executes these Terms. An administrator’s click is not your signature.

Provider may suspend an account for non-payment (as to hosted components), security risk, export-law requirements, suspected falsification of quality records, or material breach.

As between the parties, you retain rights in Customer Data that you own. You grant us a limited license to host, process, transmit, and display Customer Data solely to operate the Software, provide support, and comply with law.

You and your organization are solely responsible for having the right to upload, store, and display any print, drawing, standard, or G-code you put in the Software. Incorrect uploads and unauthorized uploads, including a publisher standard you are not licensed to host and another party’s intellectual property, are your responsibility. They are not the responsibility of Montes Software LLC or FittingsOS. FittingsOS is a tool. We do not clear title to content you upload. We may remove or disable that content on notice, or when we reasonably believe you lack the right to store it or that it violates these Terms. Keeping your organization’s files separate from another organization’s files is an operational control. It is not a license from us, from the other organization, or from any standards body, and it does not give you the right to copy a standard or a third party’s drawing.

On customer-hosted (on-prem / LAN) deployments, you control backups, physical security, patching, and access. Provider is not liable for data loss on infrastructure you control. You will maintain backups sufficient to reconstruct quality records required by AS9100 and your customers.

Provider may generate Aggregated Statistics that do not identify you or Controlled Technical Information.

THE SOFTWARE MAY STORE QUALITY AND JOB RECORDS. IT IS NOT YOUR RECORDS-RETENTION PROGRAM. You remain responsible for retention periods, legal holds, and export of evidence for auditors.

READ THIS EXHIBIT BEFORE YOU GENERATE, POST, DRIP-FEED, OR RUN ANY PROGRAM. CNC MACHINE TOOLS CAN KILL. A WRONG SIGN, WRONG OFFSET, WRONG DIAMETER, WRONG WORK COORDINATE, MISSING TOOL-LENGTH, TRANSPOSED AXIS, INCH/METRIC MISMATCH, OR BAD POST CAN DESTROY A SPINDLE, A CHUCK, A PART, A MACHINE, AND A HUMAN BEING IN LESS THAN A SECOND.

Provider expressly classifies all BETA CNC Features as BETA, EXPERIMENTAL, PRE-PRODUCTION SOFTWARE offered for evaluation, shop testing, and iterative improvement. They WILL need further updates. They may omit collision checking, may use incorrect sign conventions, may assume a work offset or tool table you do not have, may target a control (Fanuc, Haas, Takisawa, or other) that is not your control, may ignore bar-feed, tailstock, steady-rest, turret interference, chuck jaw, collet, fixture, clamp, and sub-spindle envelopes, and may emit syntactically valid but physically lethal motion.

Geometry previews, cutoff labels, hex/S-diameter resolvers, thread-helix drawings, balloon maps, and “auto-score / ready to run” checklists are decision-support graphics and heuristics. THEY ARE NOT A DIGITAL TWIN, NOT A VERIFIED POST, NOT A COLLISION ENGINE, AND NOT A CERTIFICATION THAT THE TAPE IS SAFE TO RUN. A high score does not mean the program is correct for your machine, your tooling, your stock, or your setup.

You are solely responsible for: (1) selecting the correct post and control options; (2) mapping tools, wear, geometry, and length offsets on the physical machine; (3) setting work offsets (G54–G59 and extensions) from a qualified setup; (4) confirming units (G20/G21), plane, absolute/incremental, and diameter/radius programming; (5) chucking, fixturing, and clamp clearance; (6) spindle direction, gear range, and CSS/RPM limits; (7) canned-cycle retract, peck, and dwell; (8) cutter compensation (G41/G42) lead-in/lead-out; (9) thread start, chamfer, and pullout; (10) bar pull, cutoff, and part-catcher timing; (11) mill workholding and T-slot clamps; (12) block-forge stock remaining and 3D contour step-down; (13) DNC baud, handshake, drip-feed buffer, and end-of-block (LF vs CRLF) matching the control; (14) lockout/tagout and guarding per OSHA and the OEM; (15) first-article and in-process inspection against the drawing, not against the generator’s guess.

MANDATORY PROVE-OUT. Before any production or unattended cycle using Software-generated or Software-transmitted code, a competent programmer or setup person SHALL: (a) read the entire program; (b) simulate on an independent verifier if available; (c) graphics-check on the control; (d) dry-run / air-cut above the part; (e) single-block at reduced rapid and feed with a hand on feed-hold and E-stop; (f) cut a first article and inspect critical characteristics; (g) document the prove-out. Skipping prove-out is a material breach and an independent intervening cause of any resulting harm.

DNC / Ally DNC / send-to-machine can overwrite a proven program with an unproven one, send the wrong file to the wrong machine, or drip-feed a truncated buffer. You will confirm file name, checksum if available, machine identity, and that the control is in the intended mode (memory vs tape vs DNC) before cycle start. Provider is not in the loop of your push-button.

Provider does not warrant that generated code complies with any particular builder’s programming manual, that comments will be ignored safely, that Unicode sanitization caught every bad character, or that house-standard templates match the job on the floor.

YOU ACKNOWLEDGE THAT AEROSPACE FITTINGS ARE OFTEN HIGH-VALUE, CLOSE-TOLERANCE, AND SOMETIMES FLIGHT-SAFETY OR DEFENSE ARTICLES. A BAD TAPE CAN CAUSE A QUALITY ESCAPE. A QUALITY ESCAPE CAN CAUSE AN AIRCRAFT INCIDENT. YOU—NOT PROVIDER—ARE THE MANUFACTURER OF RECORD.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR MACHINE CRASH, TOOLING DAMAGE, SPINDLE DAMAGE, SCRAP, REWORK, MISSED DELIVERY, EXPEDITE COST, CUSTOMER CHARGEBACK, WARRANTY CLAIM, PRODUCT LIABILITY, PERSONAL INJURY, WRONGFUL DEATH, OR OCCUPATIONAL INJURY ARISING FROM BETA CNC FEATURES, EVEN IF ADVISED OF THE POSSIBILITY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT SOLELY FOR PROVIDER’S FRAUD OR WILLFUL INJURY AS LIMITED BY CAL. CIV. CODE § 1668.

FittingsOS includes modules intended to help a shop operate a quality system: document control, dual-control approval, electronic signature capture, NCR/CAPA, AS9102-style FAIR packages (including a master FAIR per catalog part number), PPAP element tracking, calibration logs compatible with common shop spreadsheets, MSA helpers, training matrices, special-process / OSP registers, and related QMSP/QMSF-numbered templates.

THESE ARE TOOLS. THEY DO NOT MAKE YOUR ORGANIZATION AS9100 CERTIFIED, NADCAP ACCREDITED, ISO 9001 CERTIFIED, 14 C.F.R. PART 21 APPROVED, EASA APPROVED, OR ACCEPTABLE TO ANY PRIME. Provider is not your registrar, not your Nadcap eAuditNet administrator, and not your customer’s SQA.

A “locked” or “approved” FAIR in the Software is not first-article acceptance by your customer. Characteristic actuals remain your measurement. Balloon numbers, inspection methods, and CMM overlays are aids. You will not represent a Software-generated FAIR as independently certified by Provider.

Calibration records (including seeded or imported logs) are only as accurate as the data entered. Provider is not a calibration laboratory and does not hold ISO/IEC 17025 accreditation by virtue of this Software. Out-of-tolerance impact studies, recalls, and sticker control remain yours. “Calibrate before use” and “reference only” statuses are labels, not metrology.

Electronic signatures in the Software (typed name, PIN, password re-auth, hash, timestamp, role) are designed as tools that a competent quality organization may validate under its own procedure (including, if applicable, considerations analogous to 21 C.F.R. Part 11). PROVIDER DOES NOT WARRANT PART 11, EUDAMED, OR ANY PREDICATE-RULE VALIDATION. IQ/OQ/PQ is your responsibility unless a SOW expressly sells validation support.

Falsification of quality records, sharing of quality-release credentials, or circumvention of dual-control is grounds for immediate suspension and may be a crime. Provider may cooperate with lawful investigations.

Templates remain Provider IP even when filled with your data. Uncontrolled-when-printed legends do not replace your document-control SOP.

EXPRESS ASSUMPTION. You understand that machining, sawing, deburring, handling bar/billet/forgings, compressed air, hot chips, rotating chucks, live tooling, DNC-connected equipment, and aerospace manufacturing generally are inherently dangerous. You voluntarily engage in those activities. You expressly assume all known and unknown risks arising from use of the Software in connection with those activities, including risks arising from software error, BETA incompleteness, your setup error, and combinations thereof.

RELEASE. You, for yourself and for the Customer organization you represent, and for heirs, successors, and assigns, hereby release and forever discharge Provider, FittingsOS, Miguel Montes individually and as Managing Member, and their members, managers, officers, employees, contractors, licensors, and affiliates (the “Released Parties”) from any and all claims, demands, and causes of action of every kind, known or unknown, arising out of or relating to the Software or your manufacturing operations, INCLUDING CLAIMS OF ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, to the maximum extent permitted by law.

CAL. CIV. CODE § 1542. You acknowledge Section 1542: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” YOU NEVERTHELESS WAIVE § 1542 AND ANY LIKE PROTECTION as to claims released here, except claims that cannot be waived (including, as applicable, fraud and willful injury under § 1668).

CAL. CIV. CODE § 1668. Nothing in these Terms purports to exempt Provider from responsibility for its own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, to the extent § 1668 makes such an exemption void. Ordinary negligence, strict-liability product theories as against a software licensor, and professional-negligence theories as against a tools vendor are disclaimed and released to the fullest extent enforceable in a commercial setting.

COVENANT NOT TO SUE. You covenant not to sue the Released Parties in any forum for released claims. If you do, you will pay the Released Parties’ reasonable attorneys’ fees and costs of defense.

INDEMNITY. You shall defend, indemnify, and hold the Released Parties harmless from third-party claims, damages, penalties, and reasonable attorneys’ fees arising out of or related to: (a) Customer Data; (b) your manufacturing, machining, inspection, packaging, or shipment of parts (including product liability, aviation incidents, and defense-article failures); (c) machine crash or personal injury on your floor; (d) quality escapes, FAIR errors, calibration errors, or falsified records; (e) ITAR/EAR violations; (f) your combination of the Software with machines, posts, tooling, or data not furnished by Provider; (g) your modifications; (h) your employees’ and contractors’ use, including unauthorized users; (i) biometric privacy claims arising from your deployment choices; (j) wage/hour or labor claims relating to time data you store. Provider may participate in defense with counsel of its choice at its expense; you may not settle imposing an admission or injunctive burden on Provider without consent (not unreasonably withheld).

Last-job price, average price, quantity history, quote calculators, and similar figures are historical references for your estimators. They are not a promise of cost, margin, or customer acceptance. You remain responsible for contract review (including AS9100 clause 8.2 duties), ITAR marking, lead time, and PO terms.

Invoices, packing slips, and shipment logs are documents you issue. Provider is not your factor, not your freight forwarder, and not liable for on-time-delivery liquidated damages in your customer contracts.

S.O. numbers, control numbers, and receiving-log conventions (including tenant-specific shop language) are configuration. You will verify identity of the live job before cutting metal.

AI Features are assistive only. Outputs may be wrong, stale, or fabricated (“hallucinated”). You will not use AI as the sole decision-maker for product acceptance, FAIR actuals, NCR disposition, e-sign, ITAR classification, or unattended machine control.

Do not paste Export-Controlled technical data, classified information, or other persons’ biometric data into AI prompts unless your export and privacy programs authorize that path. Default recommendation: disable AI on ITAR jobs.

Provider does not train foundation models on your Customer Data unless you opt in in writing. Third-party model providers have their own terms. SLA credits do not apply to third-party model outages.

You are solely responsible for classifying your data, marking ITAR records in the Software, preventing access by foreign persons as defined in 22 C.F.R. § 120.62 (or successor), and obtaining licenses. Provider is not your Empowered Official.

The commercial Software product as generally offered is commercial software; Provider does not warrant a specific ECCN. You will not export the Software or technical data contrary to U.S. law.

DFARS/FAR flow-downs do not bind Provider unless an Order Form expressly attaches them and Provider accepts in writing. The Software’s ITAR flag is a Customer-operated control, not a guarantee of compliance.

You will not access another tenant’s data, run unapproved load tests against hosted components, or use the Software for unlawful content. You will revoke access when personnel leave.

You will upload, store, and display prints, drawings, standards, and G-code only when you and your organization have the right to do so. Incorrect uploads and unauthorized uploads, including a publisher standard you are not licensed to host and another party’s intellectual property, are your responsibility, not ours. FittingsOS is a tool. We do not clear title to content you upload. We may remove or disable that content on notice. Organization isolation does not grant you a license to another organization’s files, to a standard, or to a third party’s drawing.

You will not photograph or reconstruct generator tables, QMS masters, or Ally layouts for a competing product. You will not register domains or handles impersonating FittingsOS or Provider.

The Software is not designed, intended, or licensed as the sole control system for nuclear, medical life-support, air-traffic, or other environments where failure must be impossible. Independent human oversight is mandatory.

If you manufacture parts that may be installed on aircraft, engines, or defense articles, you acknowledge that software assistance does not transfer design authority, production-approval authority, or airworthiness responsibility to Provider. You are the manufacturer. You will maintain your own QMS, approved data, and configuration control.

EXCEPT FOR ANY EXPRESS WARRANTY IN AN EXECUTED MSA (IF ANY), THE SOFTWARE, DOCUMENTATION, BETA CNC FEATURES, QMS TOOLS, AI FEATURES, DNC, HOSTING, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS.

PROVIDER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE (BEYOND COMMERCIALLY REASONABLE EFFORTS ON BITS PROVIDER DELIVERS), ACCURATE, OR ADEQUATE TO MEET AS9100, NADCAP, ITAR, OSHA, OR CUSTOMER AUDIT REQUIREMENTS WITHOUT YOUR OWN VALIDATION.

BETA CNC FEATURES ARE PROVIDED WITH NO WARRANTY OF ANY KIND, INCLUDING THAT OUTPUT WILL BE COLLISION-FREE, DIMENSIONALLY CORRECT, POST-CORRECT, OR SAFE TO RUN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, CAPACITY, MACHINE TIME, OR BUSINESS OPPORTUNITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR (i) YOUR PAYMENT OBLIGATIONS, (ii) YOUR INDEMNITY, (iii) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PROVIDER IP, AND (iv) LIABILITY THAT CANNOT BE LIMITED UNDER § 1668, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SOFTWARE OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER ENTITY TO PROVIDER FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM (THE “CAP”). IF YOU HAVE PAID NOTHING (EVALUATION, PREVIEW, OR UNPAID SEAT), THE CAP IS ONE HUNDRED U.S. DOLLARS (US $100).

CLAIMS ARISING FROM BETA CNC FEATURES, MACHINE CRASH, PERSONAL INJURY ON YOUR FLOOR, QUALITY ESCAPE, OR EXPORT VIOLATIONS ARE SUBJECT TO EXHIBIT A AND EXHIBIT C AND, TO THE EXTENT A COURT REFUSES THOSE EXHIBITS, REMAIN SUBJECT TO THIS CAP AND THE CONSEQUENTIAL-DAMAGES EXCLUSION.

THE PARTIES AGREE THESE LIMITATIONS ALLOCATE RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN; FEES REFLECT THAT ALLOCATION. THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Customer shall maintain insurance appropriate to machining operations, including commercial general liability, workers’ compensation, and, if Customer ships flight or defense hardware, products-completed operations coverage in amounts customary for that work. Upon request Customer will provide certificates. Failure to insure does not shift risk to Provider.

You will follow OSHA, state occupational-safety law, machine OEM manuals, ANSI B11 series where applicable, lockout/tagout, eye and hearing protection, and your shop’s process travelers. The Software does not replace guarding or training.

These Terms commence on execution (or first use, whichever is earlier) and continue until your access ends. License rights end when the MSA/Order Form ends or your account is disabled.

Provisions that by nature should survive (including Exhibits A–C, IP, confidentiality, disclaimers, limitation of liability, indemnity, export, governing law, and this survival clause) survive termination.

The Privacy Policy published at /privacy (version 2026.09.21-1) and the Data Processing Agreement published at /dpa (version 2026.09.21-1) are incorporated into these Terms. As to Personal Data processing and Provider’s role as a CCPA service provider for Customer Data, the DPA controls to the extent of conflict.

Provider processes account identifiers, audit logs, and (if you enable them) biometric unlock templates to operate the Software, as described in the Privacy Policy. For California residents acting in a business capacity, Provider’s role as to Customer-controlled employee data is typically that of a “service provider” / processor to the Customer organization. Submit employee privacy requests to your employer first.

Do not enroll another person’s face or fingerprint without a lawful basis and notice. Provider is not responsible for your shop’s biometric policy.

Do not place classified national-security information or export-controlled technical data on the public website or public forms.

You will not disclose non-public features, generator internals, pricing, or other Customer or Provider confidential information except to personnel with a need to know bound by confidentiality, or as required by law with notice if legally permitted.

Good-faith vulnerability reports may be sent to the address in Article XXI. You will not publicly exploit a vulnerability or access another tenant’s data.

Provider may update the Software, including BETA CNC Features, at any time. Updates may change output. You will re-prove programs after material generator or post changes.

Provider may update these Terms, the Privacy Policy, and the DPA. Material changes (including assumption of risk, indemnity, BETA CNC status, categories of personal information collected as a business, sale or share practices, or Processor role) will bump TERMS_VERSION and require re-execution of the typed-name click-wrap before further use of the Software. Until you re-agree, access to the shop UI may be withheld.

Continued use after the effective date of a version you executed constitutes ongoing assent to that version.

For the public website only: posting an updated Privacy Policy and your continued use after the effective date constitutes acceptance of the updated Policy as to that website activity. If you do not agree, stop using the public site and do not sign in.

These Terms are governed by the laws of the State of California, excluding conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods.

Exclusive jurisdiction and venue lie in the state or federal courts located in Los Angeles County, California. You consent to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction for IP or confidentiality breaches.

JURY WAIVER. TO THE MAXIMUM EXTENT PERMITTED, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF THESE TERMS OR THE SOFTWARE.

CLASS WAIVER. YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PAGA-STYLE ACTION, except that if a court finds a waiver of representative PAGA claims unenforceable as to a particular claim, that claim (and only that claim) may proceed in court and the remainder of this waiver persists.

The prevailing party in an action to enforce these Terms is entitled to reasonable attorneys’ fees and costs, in addition to any other relief.

Entire agreement as to Authorized User use, subject to any MSA. These Terms supersede prior oral statements about BETA status, safety, or QMS certification. Amendment of the click-wrap requires a new TERMS_VERSION or a writing signed by Provider.

Severability: if a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder enforced. A finding that a waiver of ordinary negligence is unenforceable does not revive consequential-damages claims or uncapped BETA CNC liability if those limitations can stand independently.

No waiver by delay. No third-party beneficiaries except Released Parties as to Exhibit C. Assignment: you may not assign without consent; Provider may assign to an Affiliate or successor. Independent contractors. Force majeure as to Provider performance (not as to your safety duties).

Headings are for convenience. “Including” means “including without limitation.” Words of gender or number include all. If these Terms are translated, the English version controls.

Government users: the Software is “commercial computer software.” Rights are only those in these Terms per FAR 12.212 / DFARS 227.7202, if applicable.

Legal notices to Provider: Montes Software LLC, Attn: Legal, Los Angeles County, California, and via the domain fittingsos.com. Notices to you: the email or address on your account, or in-app banner.

Questions about these Terms do not modify them. Only a written amendment or a new version you execute modifies them.