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Terms of Use & Operator Contract

N78-Machining · Machining Professional Tool & Operator Responsibility Contract

Effective date: September 25, 2026 · Version: 1.1

Version 1.1 summary: Aligns hosted Terms with the in-app legal gate (Terms version 1.1). Clarifies organizational—not Nivo78—responsibility for ITAR, EAR, and export controls; air-gapped diagnostic handoff; and Shop Calculation Record scope (license/settings digest only, not QMS or regulatory certification).

These Terms of Use constitute a legally binding agreement between you (whether an individual operator, CNC programmer, machinist, engineer, or an enterprise machine shop entity, hereinafter referred to as “Operator,” “Machinist,” “You,” or “User”) and Nivo78 Mobile Apps, LLC (“Nivo78,” “we,” “us,” or “our”) governing your access to and use of the N78-Machining desktop application (“the Software,” “the App”) distributed through the Microsoft Store.

IMPORTANT: BY DOWNLOADING, INSTALLING, LAUNCHING, COPYING, OR USING THIS SOFTWARE, YOU AFFIRMATIVELY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, SAFETY WARNINGS, AND DISCLAIMERS CONTAINED HEREIN. IF YOU DO NOT AGREE TO EVERY TERM, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

⚙️ The Professional Machinist Standard

Just as a craftsman looking up speeds and feeds in Machinery's Handbook or measuring with a digital micrometer remains 100% solely responsible for checking tool clearances, part zero, and workholding rigidity before cutting, the operator of N78-Machining retains sole responsibility for all machine setups and cut outcomes. A reference calculator provides starting baselines; the operator commands the spindle.

1. Nature of Software: Digital Calculation Aid & Reference Tool

N78-Machining is a digital engineering calculation utility, tooling reference database, GD&T solver, and shop organizational aid (analogous to a physical machinist handbook, dial caliper, or precision shop calculator).

All calculations, algorithms, cutting speed (\(V_c\)) baselines, feed rates (\(f_z\)), spindle speeds (RPM), radial chip thinning factors (RCTF), spindle horsepower/kilowatt estimates, cutting torque calculations, cantilever tool deflection models (\(\delta\)), tap drill recommendations, thread pitch calculations, and compiled G-code canned cycle snippets are mathematical approximations and theoretical reference starting points based on generalized material standards.

They do not constitute certified machining programs, nor do they replace physical workpiece inspection, material batch hardness testing, tooling manufacturer catalog limits, or the skilled professional judgment of a qualified machinist.

2. 100% Sole Operator & Shop Responsibility

The operator, machinist, CNC programmer, setup technician, and shop owner assume 100% sole responsibility for:

3. Complete Disclaimer of Warranties ("AS IS")

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND.

NIVO78 MOBILE APPS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

NO ORAL OR WRITTEN ADVICE, SUPPORT GUIDANCE, OR DOCUMENTATION PROVIDED BY NIVO78 OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.

4. Limitation of Liability & Damages Waiver

UNDER NO CIRCUMSTANCES SHALL NIVO78 MOBILE APPS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, DEVELOPERS, AUTHORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

IN NO EVENT WILL NIVO78 MOBILE APPS, LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP OR THESE LEGAL TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50.00).

5. Mandatory 6-Point Pre-Flight Verification Checklist

Before pressing CYCLE START on any CNC machining center, lathe, or manual mill using calculations or G-code generated by this software, you agree to execute the following mandatory 6-point verification protocol:

  1. Spindle RPM & Feed Rate: Verified against physical tool catalog limits, workpiece alloy hardness, and spindle torque curves.
  2. Workpiece Clamping & Seating: Stock firmly clamped, parallels checked for tightness, and fixture torque inspected.
  3. Tool Stickout & Clearances: Minimum necessary tool stickout utilized; holder body and spindle nose visually cleared from clamps and vise jaws.
  4. Part Zero & Tool Offsets: WCS (G54–G59) datums and tool length offsets physically verified using touch probe, indicator, or edge finder.
  5. Safe Clearance Plane (Z Retract): Z retract plane verified well above all toe clamps, strap bolts, and fixture obstacles.
  6. Dry Run / Air Cut: First article run executed in single block mode or air-cut with Rapid Override set to 5% or 25%.

6. Local Data Sovereignty & Master Passcode Custody

7. Licensing Tiers & Microsoft Store Distribution

N78-Machining is licensed, not sold. Your license grant is conditioned upon compliance with these Terms:

8. Export Controls, Air-Gapped Use & Organizational Responsibility

N78-Machining is engineered as a local-first, air-gapped, zero product-telemetry utility for shop-floor calculation and record-keeping. Nivo78 does not certify that your facility, users, or workflows comply with International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), NIST SP 800-171, or any defense, aerospace, or quality standard.

Your organization alone is responsible for export classification, deemed-export rules, data handling, physical security, and determining whether this software is appropriate for a given contract, customer, or facility. Because core features run offline without Nivo78 cloud access to vault or job data, proprietary part geometry, defense workpiece specifications, and tooling recipes remain under your custody when you keep the device air-gapped. Voluntary diagnostic exports for technical support (Support Center Option B) are operator-initiated plain-text files for human review before USB transfer.

9. Shop Calculation Record (Exported Digest) — Not a QMS or Regulatory Certificate

Licensed tiers may export a Shop Calculation Record (sometimes labeled with a CERT-N78M- identifier) containing license metadata, station assignment, and a SHA-256 digest of selected in-app state. This export is a convenience record for your files only.

You must not represent this digest as official regulatory approval. The operator remains solely responsible for all quality, safety, and export obligations.

10. Intellectual Property

All title, ownership rights, trademarks, and intellectual property rights in and to N78-Machining (including but not limited to software code, interface design, mathematical calculation engines, logos, icons, formulas, and documentation) are owned exclusively by Nivo78 Mobile Apps, LLC.

11. Governing Law, Jurisdiction & Severability

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this agreement shall be instituted exclusively in the state or federal courts located in Smith County, Texas.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

These Terms of Use work together with the Privacy Policy and Operator Responsibility Disclaimer for N78-Machining. Shared liability, warranty, venue, and severability language appears in the Critical legal provisions section below and on the sibling documents.

Product: N78-Machining · Publisher: Nivo78 Mobile Apps, LLC · Updated: October 4, 2026.

CONSPICUOUS WARRANTY DISCLAIMER (UCC § 2-316 WHERE APPLICABLE)

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIVO78 MOBILE APPS, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIVO78 MOBILE APPS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY ARISING FROM USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY. LIABILITY CAP: IN NO EVENT WILL NIVO78 MOBILE APPS, LLC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP OR THESE LEGAL TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50.00).

Governing law: These legal terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles.

Venue: Any dispute arising out of or relating to the App or these legal terms shall be brought exclusively in the state or federal courts located in Smith County, Texas, and each party consents to personal jurisdiction and venue in those courts, except where applicable law requires otherwise.

Severability: If any provision is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

Entire agreement (merger): The Terms of Use, Privacy Policy, and Operator Responsibility Disclaimer (each as published for this product on N78-Public-Legal) constitute the entire agreement between you and Nivo78 Mobile Apps, LLC regarding the App and supersede prior or contemporaneous understandings on that subject, except for additional terms imposed by the applicable app store or platform.

Not professional legal, tax, or financial advice: The App is software only. It is not a substitute for advice from a licensed attorney, certified public accountant (CPA), enrolled agent, or other qualified tax, accounting, or financial professional. You remain solely responsible for legal compliance, tax filings, regulatory obligations, and professional decisions.

12. Contact & Business Inquiries

General Business Inquiries:

Nivo78 Mobile Apps, LLC
Tyler, Texas, United States
Privacy & Technical Support: support@nivo78.com
General Inquiries: contact@nivo78.com
Web Portal: nivo78.com/machining/
Support Center: nivo78.com/machining/support/
Terms of Use: Terms of Use