These Terms of Service (“Terms”) govern your access to and use of the Chameleon ERP web application, the Chameleon Tablet Android application, and the breakwateros.com marketing site (collectively, “the Services”), operated by Chameleon Software, LLC (“Breakwater,” “we”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

The Services are intended for business use by employees and authorized agents of ship-supply companies that have entered into a service agreement with us. You represent that you have the authority to accept these Terms on behalf of your organization.

2. Accounts

You are responsible for keeping your sign-in credentials secure. You must notify us promptly if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraud or abuse.

3. Acceptable Use

You agree not to:

Use the Services to violate any law, regulation, or third-party right.
Attempt to reverse-engineer, decompile, or extract source code from the Services.
Disrupt, overload, or interfere with the operation of the Services.
Use automated tools to scrape, mirror, or copy content not owned by you.
Upload content that contains malware, infringes intellectual property, or violates someone else’s privacy.

4. Data & Content

Your tenant data — quotes, purchase orders, inventory, photos, etc. — remains yours. You grant us the limited rights needed to host, process, transmit, and display that data in order to operate the Services for you. Aggregated and anonymized usage data may be used to improve the Services.

See the Privacy Policy for how we collect, use, and protect data.

5. Subscription & Fees

Pricing, billing cadence, and contract length are set out in your service agreement with us. Fees are non-refundable except as required by law or as expressly stated in your agreement.

6. Service Availability

We provide the Services on a commercially reasonable effort basis. We may schedule maintenance windows, deploy updates, and modify functionality from time to time. We do not guarantee uninterrupted or error-free service.

7. Termination

Either party may terminate the Services in accordance with the service agreement. We may suspend access immediately for violations of these Terms. On termination, we will make your tenant data available for export for a reasonable period before deletion.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKWATER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOUR ORGANIZATION TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

10. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Delaware.

11. Changes

We may update these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Continued use of the Services after a change constitutes acceptance of the updated Terms.

12. Contact

Questions about these Terms? Contact us at will@jetson.app.