Fireworks are real. People get hurt every year. This software helps you design safer shows, but the responsibility for safe construction and safe operation is yours. Follow local law, use real spectator setbacks, never modify shells, and read this whole document before you download anything you plan to build from. The plain-English summary isn't a substitute for the terms below — it's just the version you'll actually remember.
STATUS: MVP DRAFT — NOT REVIEWED BY AN ATTORNEY. This document is intended as a launch-day starting point. The author plans to engage a licensed attorney for formal review and revision after initial revenue is established. Until that review is complete, this document constitutes the operator's good-faith attempt at consumer protection and risk allocation, not a professionally drafted legal instrument. You are strongly advised to read this in full before using the Service. If you cannot, or do not, agree to it, do not use the Service.
Effective date: [TO BE SET ON LAUNCH]
Version: 0.2-MVP
Operator: Mortar Rack Design LLC, a Tennessee limited liability company ("we," "us," "our," "Company")
Operator address: [LLC REGISTERED-AGENT ADDRESS — TBD]
Legal contact: legal@mortarrackdesign.com
Support contact: support@mortarrackdesign.com
Founder contact: chase@mortarrackdesign.com
These Terms of Service and End User License Agreement (together, the "Agreement") govern your access to and use of the website at mortarrackdesign.com (the "Site") and the design tool, 3D model files, materials lists, build instructions, sky previews, dimension drawings, and any other content or services made available through the Site (collectively, the "Service").
By creating an account, clicking a button labeled "I agree" or equivalent, downloading any file from the Service, completing any purchase, or otherwise using the Service, you accept this Agreement and form a binding contract with the Company. If you do not agree, do not use the Service.
You must satisfy all of the following to use the Service:
(a) You are at least eighteen (18) years old.
(b) You have the legal capacity to enter into binding contracts in your jurisdiction.
(c) You are physically located in the United States of America. The Service is offered solely to U.S. residents and is not directed to, or available for use by, residents of any other country. If you access the Service from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with local law.
(d) Your use of the Service does not violate any law, regulation, or contractual obligation applicable to you.
If you do not satisfy all four, you must not use the Service.
The Service is a digital design tool. It helps you visualize and plan the construction of consumer-grade mortar racks and the pyrotechnic shows you intend to load and fire from them. The Service:
You alone are responsible for:
(a) Legal compliance. Determining whether the design, possession, construction, transportation, sale, storage, ignition, or display of consumer fireworks and the racks that contain them is lawful in every jurisdiction in which you act. Fireworks laws vary by federal, state, county, municipal, and homeowners-association level; change over time; and may require permits, licenses, insurance, setbacks, prior notification of authorities, certified operators, or outright prohibition. The Service does not check your local law for you.
(b) Safe construction. Inspecting any rack you build for defects; verifying that the lumber, hardware, fasteners, dowels, plates, screws, glues, and 3D-printed parts you use meet the loads imposed during loading, transport, and ignition; rejecting any output of the Service that you do not understand or that does not match generally accepted pyrotechnic safety practices; and following the construction sequence at a level of skill consistent with the work being done.
(c) Safe operation. Maintaining adequate safety distances from people, pets, structures, and combustibles consistent with generally recognized consumer-fireworks guidance, including the "100 feet per inch of mortar diameter" distance rule commonly cited in the consumer-fireworks community as a minimum spectator setback; confirming weather conditions; using ignition equipment rated for the use (the Company strongly recommends remote electronic firing rather than hand-lit fuse for any rack containing more than one tube); wearing appropriate eye and ear protection; preparing for misfires and duds with predetermined wait times before approach; having water, sand, and a charged fire extinguisher on hand throughout; and following all safety guidance of the manufacturer of every shell loaded into the rack.
(d) Third-party harm. Any injury, death, property damage, emotional distress, environmental damage, or other harm caused to any person, animal, or property by the construction, transport, loading, ignition, display, malfunction, or aftermath of any rack designed using the Service.
Consumer fireworks are inherently dangerous. Mortar racks concentrate that danger by holding multiple charges in close proximity and aiming them aloft over real people, real homes, and real property. Failures — including but not limited to barrel ruptures, low breaks, tip-overs, premature ignition, fuse crossfire, shell-leakers, hot debris, and structural collapse — can cause severe burns, blindness, hearing loss, dismemberment, and death.
You knowingly and voluntarily assume all risks associated with the design, construction, possession, transport, loading, ignition, display, and storage of any rack designed using the Service, including risks arising from:
To the maximum extent permitted by Tennessee law, you waive any claim or cause of action against the Company arising from your voluntary assumption of these risks.
Each time you download a 3D model file (STL), build plan, materials list, or any other build artifact from the Service, you will be shown a checkbox acknowledgment substantially in the form of Schedule A below. You must check the box to download the artifact. Each acknowledgment is logged with your account identifier, the rack identifier, the version of these Terms in effect, the acknowledgment text version, and the timestamp. Refusing to check the box does not waive any other obligation under this Agreement; it just means you cannot download that artifact.
Subject to your full and continuing compliance with this Agreement and (where applicable) payment of the fees described in Section 9, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to:
(a) access and use the Service for your own personal, non-commercial design and build projects; and
(b) construct racks based on outputs of the Service for your own personal, non-commercial use and that of your immediate household.
You may not, except as expressly permitted by this Agreement:
The Company reserves all rights not expressly granted.
You are responsible for the confidentiality of your account credentials and for all activity that occurs under your account. You will notify the Company promptly at legal@mortarrackdesign.com if you suspect unauthorized use. We may suspend or terminate any account that violates this Agreement, that we believe in good faith poses a risk to other users or to the Company, or that is required to be terminated by law. Account information is governed by our Privacy Policy.
Some features (including but not limited to STL file generation and download, DIY List export, and saving more than one rack) require a paid "Season Pass." Pricing is shown at the point of purchase. Payments are processed by Stripe, Inc.; we do not store your full card details. Sales tax and other taxes may apply.
Pass tiers (launch).
The Company reserves the right to retire any tier and to adjust pricing for future purchases at any time without notice; existing pass durations and prices are not affected by such changes.
Off-season behavior. When an Annual pass expires, designs you have created remain visible and editable, but paid-tier exports (STL, DIY List) require a renewed pass.
Refund policy. You may request a full refund within thirty (30) days of the date of purchase by emailing support@mortarrackdesign.com from the email address on the purchasing account. We will not require a reason. After 30 days, all sales are final.
No warranty on outputs. Some outputs of the Service (notably fuse, igniter, and electronic firing-system specifications and the 3D-printed parts whose tolerances depend on your printer calibration) are inherently not returnable in any practical sense once produced. The 30-day refund applies to the Season Pass fee itself, not to your incurred material costs.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may revise this Agreement from time to time; if we make material changes, we will notify you by email to the address associated with your account or through a prominent notice in the Service, and we will require renewed acceptance before you can continue to use paid features. Continued use after non-material revisions constitutes acceptance.
The Service, including its software, designs, look and feel, copy, brand names, logos, and the "Mortar Rack Design" and "Designed with Mortar Rack Design" marks, are owned by the Company and protected by United States and international intellectual property laws. Outputs generated by the Service from your inputs (your specific rack configurations, the STLs and plans tailored to them) are licensed to you under Section 7, but the underlying templates, code, geometry kernels, and design system remain ours.
You retain all rights to the rack-configuration data you input (rack dimensions, angle patterns, fuse sequences, etc.). You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display that data solely as necessary to operate the Service for you, and to share your designs in aggregate, anonymized form for product improvement and marketing.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT:
Some jurisdictions do not allow exclusion of certain warranties, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT WILL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE — INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY ANY RACK BUILT WITH THE SERVICE — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE COMPANY'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
(c) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you in full.
(d) You acknowledge that the limitations in this Section 13 are fundamental elements of the bargain between you and the Company, and that the Company would not provide the Service without these limitations.
You will defend, indemnify, and hold harmless the Company, its officers, members, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
(a) your use of the Service;
(b) any rack you design, construct, transport, possess, load, ignite, or display using outputs of the Service;
(c) any injury, death, property damage, environmental damage, or other harm caused to any person, animal, or property by your use of the Service or any rack built with it;
(d) your violation of any law, regulation, permit condition, property right, or third-party right;
(e) your breach of this Agreement, including any representation made in any Schedule A acknowledgment; and
(f) any claim by a third party that your use of the Service caused that third party harm.
The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with the Company's defense of that matter at your expense.
You may terminate your account at any time by emailing support@mortarrackdesign.com from the account's email address. We may terminate or suspend your account immediately, with or without notice, if we believe in good faith that you have violated this Agreement, that your use of the Service poses a risk to other users or to the Company, or that termination is required by law.
Sections 4 (Your responsibilities), 5 (Assumption of risk), 6 (Per-export safety acknowledgment, as to past acknowledgments), 7 (License grant — restrictions only), 11 (Intellectual property), 12 (Disclaimer of warranties), 13 (Limitation of liability), 14 (Indemnification), 16 (Governing law and dispute resolution), and 18 (Miscellaneous) survive termination.
This Agreement is governed by the laws of the State of Tennessee without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The seat and place of arbitration will be Davidson County, Tennessee (or such other Tennessee county as the Company designates). The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.
Class-action and jury-trial waiver. You and the Company each waive any right to a jury trial and any right to participate in a class action, class arbitration, mass action, or any other representative proceeding. Disputes must be brought on an individual basis only.
Carve-outs. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Opt-out of arbitration. You may opt out of this Section 16's arbitration and class-waiver provisions by emailing legal@mortarrackdesign.com within 30 days of your first acceptance of this Agreement, with the subject line "Arbitration Opt-Out" and the email address of your account in the body. Opting out does not affect any other provision of this Agreement.
Nothing in the Service or this Agreement creates a professional, fiduciary, attorney-client, engineer-client, contractor-client, pyrotechnician-client, or advisor-client relationship between you and the Company.
(a) Entire agreement. This Agreement, together with any Schedules referenced in it and any policy linked from the Site (including the Privacy Policy), is the entire agreement between you and the Company regarding the Service and supersedes all prior or contemporaneous understandings, written or oral.
(b) Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be reformed only to the extent necessary to make it enforceable.
(c) No waiver. The Company's failure to enforce any provision is not a waiver of its right to enforce that provision later.
(d) Assignment. You may not assign this Agreement or your account; we may assign this Agreement freely, including in connection with a merger, acquisition, or sale of substantially all of our assets.
(e) Notices. We may send notices to the email address associated with your account, and such notices are effective when sent. You may send notices to legal@mortarrackdesign.com.
(f) Force majeure. Neither party is liable for delays or failures due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet outages, or third-party service failures.
(g) Headings are for convenience only and do not affect interpretation.
(h) Independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship between you and the Company.
Displayed at every STL download, DIY List export, and any other build-artifact download. The user must check the box to proceed. Logged to the consent_log table with: user id, rack id, EULA version (currently 0.2-MVP), acknowledgment text version, timestamp, and (optionally) IP address.
Before you build, read this.
I understand that consumer fireworks are inherently dangerous, that mortar racks concentrate that danger, and that defects in design, materials, construction, or use can cause severe burns, hearing loss, blindness, dismemberment, death, fire, and property damage.
I have confirmed that designing, building, possessing, transporting, loading, igniting, and displaying consumer-grade fireworks of the size and quantity in my rack design is legal in every jurisdiction in which I will act, including federal, state, county, and municipal law, and that I have obtained any required permits.
I am at least 18 years old and located in the United States. I accept full personal responsibility for the rack I am about to build, including any harm it causes to me, to other people, to animals, or to property.
I will maintain spectator distances of at least 100 feet per inch of mortar diameter, will use remote electronic firing rather than hand-lit fuse for any rack containing more than one tube, will wear eye and ear protection, and will keep water, sand, and a charged fire extinguisher on hand throughout.
Mortar Rack Design is a planning tool. It has not engineered or certified my rack. I will inspect every component, verify it against generally accepted pyrotechnic safety practice, and reject anything I do not understand.
☐ I understand and agree.
(Required to download. Logged with my account.)
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