Public-Sector Terms Addendum
Draft 2026-09-v0.1-draft | September 2, 2026
Draft — not yet in effect
This addendum states the terms Calchis offers to government customers. It is a draft pending review by counsel, and it takes effect for a customer only when it is incorporated by reference into a signed order form or a purchase-order acknowledgement. Until then the Terms of Service apply as written. To use it, email legal@calchis.com with the name of your entity; we return an order form that incorporates this addendum. Nothing here is offered as legal advice to you.
1. Who this applies to, and what wins
This addendum applies to a customer that is a state, county, municipal, tribal or territorial government, a special district, a public university or a public-safety agency of any of them (“Agency”), subscribing to an Agency, Enterprise or emergency-management plan. It modifies the Calchis Terms of Service (“Terms”). Where the two conflict, this addendum controls. Where an Agency’s own procurement terms are attached to the order form, they control over both, except that nothing in them can enlarge the scope of the service or the warranties in Terms Section 9 beyond what is written here.
2. Your records are yours
Everything an Agency creates in Calchis is the Agency’s record and the Agency’s property: incidents, activity logs, logbook entries, situation reports, ICS forms, task and resource boards, resource requests, mutual-aid requests and responses, position checklists, shift handoffs, after-action reports, uploaded files and their captions, participant rosters, and the CAP feed generated from them (together, “Agency Records”). Terms Section 8.2 is broadened accordingly.
Calchis holds a license to Agency Records that is limited to operating, securing, backing up and supporting the service for the Agency. Calchis does not use Agency Records to train models, to build benchmarks or comparisons across customers, or in marketing, and does not disclose them to anyone except the sub-processors named on the security page and as required by law. Calchis claims no intellectual property in Agency Records or in a form that Calchis fills from them: the template is FEMA’s, the contents are the Agency’s.
3. Redistribution
An Agency may distribute its Agency Records to anyone it chooses — partner agencies, elected officials, the public, the press, a records requestor, a court — in any form, without notice to Calchis and without attribution. Terms Section 7.3 (data-use restrictions) does not apply to Agency Records, including the hazard figures Calchis embeds in them.
Two things travel with any redistributed Calchis output and are not the Agency’s to remove: the attribution to the public agency that produced the underlying data (USGS, NOAA, NASA, FEMA, NIFC), and the statement that a Calchis hazard score or consequence zone is a modeled estimate rather than an observed condition. Both are printed on the artifacts themselves.
4. Public-records and open-meetings laws
Calchis acknowledges that an Agency is subject to public-records, freedom-of-information, open-meetings and records-retention laws, and that Agency Records held in Calchis may be public records under them. No confidentiality obligation in the Terms prevents an Agency from complying with those laws. Calchis will help an Agency respond to a records request that reaches into the service, at no charge for reasonable assistance.
If an Agency receives a request for information that Calchis considers its own trade secret (source code, model parameters not already published on the methodology page, pricing offered to other customers), the Agency will tell Calchis before releasing it where the law allows, and the decision to release stays with the Agency under its own law.
5. Retention, export and records holds
5.1 Export window after termination
For 90 days after a subscription ends for any reason, the Agency can still sign in and export its Agency Records — the whole account as one archive from Settings → Account, ICS forms, situation reports and after-action reports as PDF, and everything as machine-readable JSON through the API. The 30-day deletion in Terms Section 12.3 starts when this window closes, not when the subscription ends. On request Calchis extends the window, or produces the export itself and delivers it to the Agency, without charge.
5.2 Records-retention holds
If an Agency notifies Calchis in writing that some or all of its Agency Records are subject to a litigation hold, a records-retention schedule, an audit or a records request, Calchis will not delete those records until the Agency releases the hold in writing, regardless of subscription status, at no charge. A held record can still be exported under 5.1.
5.3 Deletion on request
When an Agency asks for its records to be deleted and no hold applies, Calchis deletes them from the production database within 30 days and confirms in writing. Copies in the database provider’s automated backups age out on that provider’s schedule, currently 7 days (see security §6).
6. Indemnification and sovereign immunity
Terms Section 11 (customer indemnification) does not apply to an Agency. An Agency gives no indemnity, defense or hold-harmless to Calchis. Calchis will defend an Agency against a third-party claim that the Calchis platform itself infringes a United States patent, copyright or trademark, and pay the damages finally awarded or agreed in settlement, provided the Agency notifies Calchis promptly and lets Calchis control the defense to the extent the Agency’s law allows.
Nothing in the Terms or this addendum waives any immunity, defense or limitation on liability that an Agency holds under its constitution or statutes, or requires an Agency to do anything its law prohibits.
7. Governing law, venue and disputes
The Terms and this addendum are governed by the law of the state in which the Agency is located, and any action is brought in the state or federal courts with jurisdiction over the Agency’s principal office. Terms Section 15 is replaced to that extent. For a tribal government, governing law and forum are as the order form states.
Terms Sections 14.2 (binding arbitration), 14.3 (class-action waiver) and 14.4 (opt-out) do not apply. The informal resolution step in Section 14.1 remains, and either party may still seek injunctive relief under Section 14.5.
8. Payment, appropriations and renewal
An Agency may pay by purchase order and invoice rather than by card. Invoices are due under the Agency’s prompt-payment statute, or net 30 days where none applies; Calchis charges no late fee beyond what that statute allows. A Form W-9 is available on request.
If the Agency’s governing body does not appropriate funds for a renewal, the Agency may end the subscription at the end of its fiscal year on written notice, without penalty, and owes nothing for the unfunded period. Calchis gives at least 60 days’ written notice before any price change takes effect at renewal.
Late payment does not cut off access to what an Agency already has: while an invoice is overdue Calchis may decline to renew or to add capacity, but it does not suspend access to existing Agency Records or the export in Section 5.
9. Accessibility (Section 508)
Calchis targets WCAG 2.1 Level AA for the web application. Keyboard operation, visible focus, table header scope and text alternatives for charts are part of the automated checks that run before every deployment. Interactive maps are supplemented with text lists of the same content rather than made fully equivalent, and that is the main known gap.
Calchis has not produced a VPAT or Accessibility Conformance Report. We will produce one (VPAT 2.5, WCAG edition) on request from a procuring Agency, and would rather do that than publish a self-declared conformance level nobody has tested. Accessibility problems can be reported to support@calchis.com.
10. Security, compliance and Section 889
Calchis holds no security certification and has not been independently audited; the security page says what does and does not exist, and its public-sector questionnaire answers the questions procurement usually asks in one place, including the ones whose honest answer is no.
Calchis represents that it does not use, and will not use in delivering the service, covered telecommunications equipment or services as defined in Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (equipment from Huawei, ZTE, Hytera, Hikvision or Dahua and their affiliates). Calchis operates no hardware of its own; the service runs on the sub-processors listed on the security page, all of which are United States companies hosting in United States regions.
Personal data of an Agency’s staff is handled under the Privacy Policy; breach notification is within 72 hours of Calchis becoming aware. Calchis does not process protected health information and is not a HIPAA business associate; do not upload it.
11. Cooperative purchasing
Calchis is not currently on a Sourcewell, NASPO ValuePoint, GSA or state cooperative contract. Where an Agency’s rules allow a direct purchase below a threshold, or a sole-source or piggyback purchase, Calchis will supply the documentation the Agency’s procurement office needs. Registration on a cooperative vehicle is a business decision Calchis has not yet made, and this page will say so when that changes.
12. Revision history
- 2026-09-v0.1-draft (September 2, 2026) — First draft, published for review by counsel and by the first Agencies to ask for it. Not yet in effect for any customer.