Calcumetic™ Terms of Use & Purchase Terms

Version: 1.0
Effective Date: August 23, 2026

These Terms of Use and Purchase Terms (“Terms”) govern your access to and use of the Calcumetic website, software, decision-support product, and related services (collectively, “Calcumetic” or the “Service”).

Calcumetic is operated by CALCUMETIC LLC , a Utah Limited Liability Company (“Calcumetic,” “we,” “our,” or “us”).

Please read these Terms before using or purchasing Calcumetic.

By affirmatively accepting these Terms or purchasing or using the paid Service after being presented with them, you agree to these Terms. If you do not agree, do not purchase or use the Service.

Nothing in these Terms limits rights or remedies that applicable law does not permit you to waive.

1. What Calcumetic Does

Calcumetic is a consumer decision-support tool designed to help an individual evaluate a prospective health Flexible Spending Account (“FSA”) contribution.

Calcumetic uses information that you provide, together with applicable computational methods, model parameters, generalized legal or regulatory rules, assumptions, and uncertainty analysis, to generate an individualized decision estimate concerning an FSA contribution.

Depending on the information available and the degree of uncertainty, Calcumetic may provide a point estimate, rounded estimate, range, sensitivity information, uncertainty information, requests for additional information, or other decision-support output.

Calcumetic is intended to improve the quality of a decision made under uncertainty. It does not eliminate that uncertainty.

2. What Calcumetic Does Not Do

Calcumetic is not a health plan, employer, plan sponsor, benefits administrator, insurer, medical provider, tax preparer, accounting firm, law firm, investment adviser, financial adviser, insurance adviser, or fiduciary.

Calcumetic does not provide medical, legal, tax, accounting, insurance, investment, financial-planning, or other regulated professional advice.

Use of Calcumetic does not create an attorney-client, physician-patient, accountant-client, fiduciary, benefits-advisory, or other professional relationship.

Calcumetic does not make your FSA election for you.

The final decision whether to participate in an FSA and how much to contribute remains yours.

If your circumstances require professional advice, you should consult an appropriately qualified professional.

3. Eligibility and Availability

You may use Calcumetic only if:

1. you are legally capable of entering into a binding agreement;

2. you satisfy any age requirement displayed by Calcumetic;

3. Calcumetic is affirmatively offered in your jurisdiction; and

4. your use complies with these Terms and applicable law.

Calcumetic is not necessarily available in every U.S. state, territory, district, or other jurisdiction.

The absence of a jurisdiction from Calcumetic's available-jurisdiction selection means the Service is not presently offered there.

We may determine where Calcumetic is offered and may add, suspend, or discontinue availability in a jurisdiction, subject to applicable law and existing consumer rights.

You may not circumvent jurisdiction controls or misrepresent your location or eligibility to obtain access.

4. Information You Provide

a. Consumer-Origin Information

Calcumetic's personalized decision process relies on information that you affirmatively provide.

This may include information concerning anticipated FSA-eligible expenses, expected care, family or dependent circumstances, benefits information, uncertainty about future expenses, and relevant plan terms.

You are responsible for providing information that is accurate to the best of your knowledge.

You should not intentionally provide false, misleading, or materially incomplete information.

b. Unknown Information

We recognize that many FSA decisions involve information you cannot know with certainty.

Where Calcumetic permits you to identify information as unknown, uncertain, estimated, or within a range, you should use those options rather than manufacture false precision.

c. Changes

Your circumstances can change.

If information used in a prior Calcumetic evaluation materially changes, the prior result may no longer be appropriate. Where the Service permits it, you should update the relevant information and recompute your result.

5. Employer and FSA Plan Information

Employer FSA plans differ.

A feature permitted by federal law is not necessarily offered by your employer's plan.

Among other things, actual plan terms may differ concerning:

• maximum permitted contributions;

• carryover availability and amounts;

• grace periods;

• eligible expenses;

• deadlines;

• reimbursement procedures;

• participation requirements;

• plan-year rules; and

• other plan-specific conditions.

Your employer's governing plan materials and applicable law control over Calcumetic if there is a conflict.

Your Responsibility to Verify Plan Information

You are responsible for verifying material employer-plan information before making an FSA election.

Calcumetic's personalized decision runtime does not independently retrieve individualized decision evidence from your employer, benefits administrator, health record, claims history, wearable device, calendar, or comparable external source.

If you obtain a relevant plan fact from your employer, benefits materials, an informational webpage, or another source, you supply the operative information to Calcumetic yourself.

Information appearing on a Calcumetic employer-information or educational page does not establish that a particular rule applies to you individually.

6. Decision Estimates, Models, and Uncertainty

Calcumetic produces estimates, not guarantees.

Its outputs may depend upon:

• the information you provide;

• assumptions about future events;

• uncertainty in anticipated expenses;

• applicable model parameters;

• generalized legal and regulatory rules;

• plan information you provide;

• the quality and completeness of available evidence; and

• circumstances that may change after the analysis.

Actual healthcare expenses, tax consequences, reimbursements, plan eligibility, family circumstances, employer-plan provisions, applicable law, and other relevant conditions may differ from those anticipated when you use Calcumetic.

Accordingly, Calcumetic does not guarantee that:

• your actual eligible expenses will equal an estimate;

• a recommended contribution will be optimal in hindsight;

• you will realize a particular amount of tax savings;

• you will avoid unused FSA funds;

• an expense will qualify for reimbursement;

• your employer will permit a particular contribution or plan feature;

• your tax treatment will match an estimate; or

• a particular financial outcome will occur.

A Calcumetic result should be understood as a structured estimate intended to inform your decision under uncertainty.

7. Review Before Making an Election

Before relying on a Calcumetic result to inform an FSA election, you should:

1. review the information you supplied;

2. correct material inaccuracies;

3. review significant uncertainties identified by Calcumetic;

4. verify material employer-plan rules;

5. consider whether your circumstances have materially changed; and

6. make your own final election decision.

You remain responsible for the election you submit to your employer or plan administrator.

8. Purchase and Price

Unless a different authorized offer is expressly displayed before purchase, Calcumetic is offered for a one-time price of $19.00.

The purchase price is disclosed before you begin the paid decision experience.

Calcumetic does not convert a one-time purchase into a recurring subscription.

No recurring charge will be imposed unless you separately and affirmatively agree to a future recurring product under terms clearly presented at that time.

The checkout page will display the amount charged before you authorize payment.

Applicable taxes, if any, may be added where required by law and will be disclosed as required.

9. What Your Purchase Includes

Your purchase provides access to the Calcumetic FSA decision experience described at the time of purchase, including the applicable personalized analysis and the ability to review and recompute the decision during the access period stated at purchase.

Your purchase is a limited personal right to use the Service. It is not a purchase or transfer of Calcumetic's software, models, algorithms, intellectual property, source code, methods, datasets, or underlying analytical systems.

Where Calcumetic provides continued access or recalculation during a defined decision period, you will not be required to purchase the same entitlement again merely to perform an authorized recalculation during that period.

Promotional, beta, employer-sponsored, or complimentary access may be governed by additional eligibility or expiration conditions disclosed with that access.

10. Payments

Payments may be processed by a third-party payment processor such as Stripe.

Payment processors may collect and process payment-card and related transaction information under their own applicable terms and privacy practices.

Calcumetic does not require payment-card information to become individualized decision evidence, and payment information is not used to enrich your personalized FSA analysis.

You authorize the applicable processor to charge the amount displayed at checkout when you submit payment.

11. Refunds and Remedies

We want consumers to receive the product they purchased.

If a technical failure attributable to Calcumetic materially prevents you from receiving the purchased decision experience and we cannot reasonably restore access or provide the purchased functionality, contact us at [SUPPORT EMAIL].

Where appropriate, we may restore access, correct the problem, provide a replacement entitlement, or issue a refund.

A disagreement with a Calcumetic estimate, a change in your circumstances, or an actual expense outcome that differs from an estimate does not by itself establish that the Service was defective.

Nothing in this section limits any refund, cancellation, chargeback, statutory warranty, or other consumer right that cannot lawfully be limited.

Any more specific refund policy displayed at purchase and incorporated into these Terms will apply to that transaction.

12. Privacy and Health-Related Information

Calcumetic's collection, use, retention, protection, and deletion of information is governed by its applicable privacy disclosures, including:

Calcumetic Privacy Policy

and, where applicable,

Calcumetic Consumer Health Data Privacy Policy.

Those policies are incorporated into the consumer relationship to the extent applicable, but nothing in these Terms constitutes a waiver of privacy rights provided by law.

Calcumetic is designed around data minimization and separation of personalized decision evidence from payment and privacy-safe analytics systems.

Our privacy representations are commitments concerning actual product practices, not merely aspirational statements.

The FTC has emphasized that health-data businesses should understand their data flows, maintain appropriate safeguards, and ensure consumer-facing privacy representations match actual practices.

13. Security

We use safeguards intended to protect information and maintain the integrity of the Service.

No Internet-connected system can be guaranteed to be completely secure.

You must not attempt to gain unauthorized access to Calcumetic, circumvent security controls, probe or exploit vulnerabilities without authorization, interfere with the Service, or obtain information belonging to another user.

If you believe you have discovered a security vulnerability, contact [SECURITY EMAIL].

Nothing in these Terms prohibits good-faith activity protected by applicable law.

14. Intellectual Property

a. Ownership

Calcumetic and its licensors retain all right, title, and interest in and to the Service and its underlying intellectual property, including, as applicable:

• software;

• source and object code;

• algorithms;

• models;

• decision logic;

• analytical architecture;

• methods;

• interfaces;

• text;

• graphics;

• visual systems;

• databases and compilations;

• trademarks;

• trade dress;

• documentation; and

• other proprietary materials.

Except for the limited right to use the Service granted by these Terms, no ownership right is transferred to you.

b. Limited Consumer License

Subject to these Terms and payment or other valid entitlement, Calcumetic grants you a limited, revocable, non-exclusive, non-transferable right to use the Service for your personal, lawful FSA decision-support purposes during the applicable access period.

This license does not authorize commercial exploitation of Calcumetic or its underlying systems.

c. Your Information

You retain whatever rights you have in information you provide.

You grant Calcumetic the limited rights reasonably necessary to process that information to operate the Service, generate your requested decision analysis, maintain authorized persistence and recomputation, provide support, protect the Service, and satisfy applicable legal obligations, subject to our privacy policies and applicable law.

This provision does not authorize advertising use, sale of your personal information, or uses inconsistent with Calcumetic's applicable privacy commitments.

15. Prohibited Uses

You may not, except where applicable law expressly permits otherwise:

• use Calcumetic unlawfully or fraudulently;

• access another person's personalized information without authorization;

• circumvent payment, entitlement, jurisdiction, or security controls;

• scrape or systematically extract protected Service content;

• use automated means to burden or disrupt the Service;

• reverse engineer, decompile, disassemble, reconstruct, derive, extract, or systematically infer protected software, models, algorithms, or proprietary decision systems;

• use Calcumetic materials to build or train a competing product through unauthorized extraction;

• introduce malicious code;

• probe security systems without authorization;

• impersonate another person;

• misrepresent Calcumetic's results, affiliation, endorsement, or capabilities; or

• resell or commercially exploit personal access without written authorization.

Nothing in these restrictions prohibits activity that applicable law gives you a nonwaivable right to perform.

16. Employer and Third-Party References

References to employers, universities, benefits administrators, insurers, plan providers, government agencies, publications, or other organizations are provided for identification, informational, or contextual purposes.

Unless expressly stated otherwise, such references do not imply sponsorship, endorsement, partnership, authorization, or affiliation.

Employer-specific informational pages are independent Calcumetic informational resources and are not representations made on behalf of the referenced employer.

You should consult authoritative employer and plan materials when verifying plan-specific information.

17. Third-Party Services and Links

Calcumetic may depend upon or link to third-party services, including payment processing, infrastructure, email, or external informational resources.

We do not control independent third-party websites or services and generally are not responsible for their separate content, availability, privacy practices, or conduct.

This provision does not disclaim responsibility that applicable law assigns to Calcumetic for its own selection, configuration, use, or management of service providers.

18. Service Availability, Corrections, and Updates

We may maintain, update, correct, improve, or modify Calcumetic from time to time.

We do not guarantee uninterrupted or error-free operation.

If we discover an error that could materially affect a personalized decision result, we may correct the applicable system, invalidate or reopen an affected result, request updated information, or make a corrected analysis available.

We may update computational parameters, generally applicable rules, software, security controls, and other Service components as appropriate.

We will not knowingly alter a completed consumer record merely to conceal a prior result or error.

19. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALCUMETIC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;

• EVERY INPUT OR ASSUMPTION WILL PROVE ACCURATE;

• EVERY EMPLOYER-PLAN FACT SUPPLIED BY A CONSUMER WILL BE CORRECT;

• AN ESTIMATE WILL MATCH FUTURE EVENTS;

• A PARTICULAR CONTRIBUTION WILL PRODUCE A PARTICULAR SAVINGS AMOUNT;

• AN FSA ELECTION WILL BE OPTIMAL IN HINDSIGHT; OR

• EVERY ERROR WILL BE PREVENTED.

These limitations do not diminish any express promise Calcumetic actually makes to you.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Calcumetic and its owners, affiliates, officers, directors, employees, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Service, including lost opportunities or losses resulting from events or expenses differing from estimates, even if the possibility of such damages was known.

To the maximum extent permitted by applicable law, Calcumetic's aggregate liability arising from or relating to your purchase or use of the Service will not exceed the greater of:

(a) the amount you paid Calcumetic for the transaction giving rise to the claim; or
(b) $100.

This limitation does not apply to liability that applicable law does not permit to be excluded or limited.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, or any other liability that cannot lawfully be excluded or limited.

21. No Indemnification Requirement for Ordinary Consumer Use

Calcumetic does not require an ordinary consumer to broadly indemnify the company merely for using the Service as intended.

You remain responsible for your own unlawful conduct, infringement of third-party rights, intentional misuse of the Service, and violations of these Terms.

Calcumetic reserves any remedies available under applicable law for such conduct.

22. Suspension and Termination

We may suspend or terminate access where reasonably necessary to address:

• fraud;

• unlawful conduct;

• material violation of these Terms;

• payment or entitlement circumvention;

• security threats;

• abuse of the Service; or

• conduct that materially threatens Calcumetic, its users, or third parties.

Where reasonably practicable and appropriate, we may provide notice or an opportunity to cure.

Suspension or termination does not eliminate consumer rights concerning amounts already paid where applicable law or these Terms require a refund or other remedy.

23. Electronic Communications

By using Calcumetic, you agree that transactional communications concerning your purchase, entitlement, security, material Service matters, legal notices, or support may be provided electronically where permitted by law.

Consent to receive transactional communications is not consent to receive marketing communications where separate consent is required.

Marketing preferences may be managed separately.

24. Changes to These Terms

We may revise these Terms to reflect changes in the Service, law, security requirements, business operations, or other legitimate needs.

The revised Terms will identify an updated effective date.

For changes that materially affect existing purchased rights or impose materially new consumer obligations, we will provide additional notice or obtain affirmative acceptance where appropriate or required by law.

We will not rely solely on passive continued use to impose a material retroactive reduction of rights where applicable law requires more.

The Terms applicable when you purchase Calcumetic will continue to govern that transaction except where a later change validly applies.

25. Governing Law and Disputes

Except where applicable consumer law requires otherwise, these Terms and disputes arising from them are governed by the laws of the State of Utah, without regard to its conflict-of-law principles.

Subject to any nonwaivable right to bring a claim elsewhere, disputes that are brought in court will be brought in a state or federal court of competent jurisdiction located in Utah County, Utah, and the parties consent to jurisdiction there.

No Mandatory Consumer Arbitration Clause in Version 1.0

These Terms do not presently require mandatory arbitration or contain a class-action waiver.

Calcumetic may adopt a dispute-resolution program in the future only through appropriately disclosed terms and subject to applicable law. Such a future provision will not be imposed retroactively on an existing dispute merely by posting revised Terms.

26. Consumer Protection Rights

These Terms are intended to operate only to the extent permitted by applicable law.

Nothing in these Terms waives, restricts, or disclaims any warranty, remedy, privacy right, cancellation right, refund right, statutory cause of action, or other consumer protection that applicable law does not permit you to waive.

If a provision conflicts with a mandatory consumer protection applicable to you, the mandatory protection controls to the extent of that conflict.

27. Assignment

You may not transfer your personal Calcumetic entitlement to another person except where Calcumetic expressly permits it.

We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Calcumetic business, subject to applicable law and applicable privacy obligations.

28. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible or, where appropriate, severed.

The remaining provisions will remain in effect unless applicable law requires otherwise.

29. No Waiver

A failure to enforce a provision of these Terms does not waive the right to enforce that provision or another provision later.

30. Entire Agreement

These Terms, together with any purchase terms expressly presented at checkout and policies expressly incorporated into the consumer relationship, constitute the agreement governing your purchase and use of Calcumetic.

If a specific checkout term conflicts with these general Terms concerning the particular transaction, the more specific transaction term controls to the extent of the conflict, unless applicable law requires otherwise.

31. Survival

Provisions that by their nature should survive termination or expiration—including provisions concerning intellectual property, completed transactions, disclaimers, limitations of liability, dispute resolution, and accrued rights and obligations—survive to the extent legally applicable.

32. Contact

Calcumetic™
Operated by: Calcumetic LLC

Customer Support: support@ calcumetic.com
Privacy: privacy@calcumetic.com
Legal Notices: legal@calcumetic.com
Security Reports: security@calcumetic.com