MATHSIMULATION — Terms of Service (International)

DRAFT FOR LEGAL REVIEW. This document is a working draft prepared for review, adaptation and approval by qualified legal counsel in the relevant jurisdictions before publication or enforcement. Bracketed items are placeholders pending confirmation.

1. Parties, Scope and Acceptance

1.1. These Terms of Service (the "Terms") are a binding agreement between [RAZON SOCIAL — p.ej. MATHSIMULATION S.A.C.], a company organized under the laws of the Republic of Peru, Tax ID (RUC) No. 20615990982, domiciled at [ADDRESS], Lima, Peru ("MATHSIMULATION", the "Operator", "we", "us"), and the person or entity that accepts them (the "User", "you"). They govern access to and use of the MATHSIMULATION cloud engineering-simulation platform available at mathsimulation.com, including all associated software, interfaces, compute services, documentation and features (collectively, the "Service").

1.2. Click-wrap acceptance. You accept these Terms by either of the following, each of which constitutes your electronic signature and express consent: (a) ticking the acceptance checkbox or clicking "I accept" (or an equivalent button) on the versioned acceptance gate presented in the Service during account registration or thereafter; or (b) signing Annex A (Enterprise Signature Block). Recorded acceptance of the then-current version of these Terms through the versioned acceptance gate (or execution of Annex A) is a strict precondition to running any compute operation on the Service, and the Service is configured to enforce that precondition. In addition, and only to the extent permitted by applicable law, your continued use of the Service after the effective date of non-material updates published under Section 19.3, following conspicuous notice of them, constitutes acceptance of those updates. We keep records of each acceptance (user identifier, timestamp, IP address and the version of the Terms accepted), and those records constitute evidence of your assent.

1.3. Authority. If you accept on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and "User" refers to that entity.

1.4. Users domiciled in Peru. If you are domiciled or established in Peru, your use of the Service is governed by the separate Spanish-language Términos y Condiciones (Perú) available at https://mathsimulation.com/terminos, and not by these Terms. These Terms apply to all other Users worldwide. If, for any reason, the Peru Terms have not been presented to or accepted by a Peru-domiciled User, or are held inapplicable or unenforceable as to that User, these Terms apply to that User to the maximum extent permitted by Peruvian law.

1.5. Order of documents. These Terms incorporate by reference the Privacy Policy [LINK TO PRIVACY POLICY], the third-party notices page [LINK TO NOTICES PAGE] and any plan or pricing descriptions published in the Service. A separately signed written agreement between you and the Operator prevails over these Terms to the extent of any conflict.

2. Definitions

• "Account" means the User's registered account on the Service.
• "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession, or any person qualifying as a consumer under the mandatory law of their habitual residence.
• "Credits" means prepaid balance denominated in United States Dollars (USD) recorded against an Account and consumed by metered use of the Service.
• "Free Tier" means the plan described in Section 5.2, provided without charge.
• "Input" means content the User uploads to or creates in the Service, including geometry, CAD models, meshes, materials data, boundary conditions, solver settings, project configurations and any other data or files.
• "Output" means the results generated by the Service from the User's Inputs and settings, including simulation result fields, charts, tables, animations, videos and automated reports.
• "User Content" means Inputs and Outputs collectively.
• "Merchant of Record" means the third party that acts as seller of record for purchases of Credits and processes payments for the Service, currently Lemon Squeezy, Inc. (USA).
• "Paid Services" means the metered, Credit-funded services described in Section 5.3.
• "Documentation" means the user documentation and help resources we publish for the Service.

3. The Service — a Decision-Support Tool, Not Professional Engineering Services

3.1. What the Service does. The Service is a web-based platform for computer-aided engineering simulation. It allows Users to import or build 3D geometry, edit and prepare models, generate computational meshes, configure and run physics analyses (including fluid dynamics with multiphase flows and rotating machinery, static structural analysis, particle and granular dynamics, and rigid multibody dynamics), post-process results (fields, charts, tables, animations, videos) and generate automated reports, all executed on cloud computing resources.

3.2. Nature of the Service. The Service is a numerical analysis and decision-support tool intended only to assist you in your own design, analysis and evaluation work. The Service is not an engineering firm, does not provide professional engineering, consulting, design, certification or advisory services, and no Output constitutes professional engineering advice, a design certification, a code-compliance determination or a statement of fitness of any real-world system. The Service is not a substitute for your own professional judgment, independent analysis, physical prototyping and testing, or review by qualified engineers. Section 7 (Engineering Disclaimer — Verification of Results) is an essential part of the bargain between the parties and is incorporated into every provision of these Terms.

3.3. Evolution of the Service. We may improve, modify, add or remove features of the Service. Features materially affecting Paid Services will be handled in accordance with Section 19.4.

3.4. Beta and experimental features. Features identified in the Service as "beta", "experimental", "preview" or similar ("Beta Features") are provided strictly AS IS, may be modified or withdrawn at any time, may produce incorrect or incomplete results, and are excluded from any warranty or support commitment. You use Beta Features at your sole risk.

3.5. Support. We provide reasonable-efforts support by email at [hello@mathsimulation.com]. We do not guarantee response or resolution times, and no guaranteed response times apply to the Free Tier.

4. Eligibility and Accounts

4.1. You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract.

4.2. You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your Account. Notify us promptly at [hello@mathsimulation.com] of any suspected unauthorized use.

4.3. Accounts are personal to the registering User (individual or entity) and may not be shared, sold, transferred or sublicensed except as expressly permitted in writing by the Operator.

4.4. We may refuse, suspend or close Accounts as provided in Section 18 or where required by law, including Export Laws and Sanctions (Section 20).

4.5. Engineering competence. You represent and warrant that you possess, or will obtain and rely upon, the engineering qualifications, training and experience necessary to properly use the Service and to interpret its Outputs, and that any commercial or professional use of the Service will be conducted by, or under the supervision of, persons with such qualifications.

5. Plans, Fees and Billing

5.1. General model

The Service is offered on (a) a Free Tier and (b) Paid Services billed on a metered, pay-per-use basis funded by prepaid Credits. The Operator does not offer flat-rate subscriptions; you pay only for the compute sessions and operations you actually consume, at the rates published in the Service at the time of consumption.

5.2. Free Tier — commercial use expressly permitted

5.2.1. COMMERCIAL USE IS PERMITTED ON THE FREE TIER. Unlike many simulation products whose free or student editions prohibit commercial work, MATHSIMULATION expressly authorizes you to use the Free Tier for any lawful purpose, including commercial, professional, industrial, consulting, academic and research purposes, subject only to these Terms (including Sections 7–9). No separate commercial license is required, and Free Tier projects remain private by default (Section 6.4).

5.2.2. Free Tier characteristics. The Free Tier: (a) runs on a shared global compute queue with limited capacity and concurrency and lower scheduling priority than Paid Services; (b) is subject to usage caps, rate limits, storage limits and fair-use restrictions published in the Service, which we may adjust from time to time; (c) carries no service-level commitment (no SLA), no availability commitment and no guaranteed support response times; and (d) may have its features, capacity, caps and availability changed, limited or withdrawn at our reasonable discretion, with notice where the change is material.

5.2.3. Circumventing Free Tier limits (e.g., multiple accounts, scripted queue abuse) is prohibited (Section 9).

5.3. Paid Services — prepaid Credits and metered use

5.3.1. Credits. Paid Services are funded by prepaid Credits denominated in USD. Credits are consumed as you use metered resources — for example, dedicated compute sessions, solver runs, meshing operations, post-processing and rendering operations — at the per-unit rates displayed in the Service before or at the time of use. Your Account shows your Credit balance and a usage ledger.

5.3.2. What Paid Services provide. Paid usage runs on dedicated compute sessions with higher capacity, concurrency and scheduling priority than the Free Tier, as described in the current plan descriptions in the Service.

5.3.3. Credits are not money. Credits are a prepaid right to consume Services; they are not a deposit, e-money or an investment, bear no interest, are non-transferable between Accounts, and have no cash value except as stated in Section 5.7.

5.3.4. Expiry. Credits do not expire [CONFIRM POLICY — if an expiry period is adopted for commercial reasons, it must be no less than five (5) years from purchase and must be disclosed conspicuously at checkout], except where the mandatory law of your residence prohibits or limits the expiry of prepaid balances, in which case that law prevails.

5.4. Merchant of Record

All Credit purchases under these Terms are made from our Merchant of Record, currently Lemon Squeezy, Inc. (USA), which is the seller of record of the purchase transaction and is responsible for processing your payment, issuing the corresponding receipt, and collecting and remitting applicable indirect taxes (e.g., VAT, GST, sales tax) on the transaction. The Merchant of Record's own terms of sale, presented at checkout, govern the payment transaction itself; these Terms govern your access to the Service and the consumption of Credits, and prevail over the Merchant of Record's terms in all other respects. In case of conflict between the two concerning refunds owed to a Consumer, whichever provision is more protective of the Consumer's mandatory rights applies. We may change the Merchant of Record or payment methods with notice through the Service.

5.5. Taxes

Prices are stated exclusive of taxes unless indicated otherwise at checkout. Applicable indirect taxes are determined and collected by the Merchant of Record based on your billing information, which you must keep accurate.

5.6. Price changes

We may change metered rates and plan parameters prospectively. Rate changes do not affect Credits already consumed. Material price increases will be announced at least [30] days in advance through the Service or by email; consumption after the effective date is billed at the new rates.

5.7. Refunds

5.7.1. Except where required by mandatory applicable law (including mandatory consumer-protection law of your country of residence, where applicable and non-waivable), which prevails over this entire Section 5.7: (a) unused Credits are non-refundable; and (b) Credits consumed by completed compute operations are non-refundable. Where a refund is legally required or granted at our discretion, it will be processed through the original payment channel (normally the Merchant of Record).

5.7.2. Exclusive remedy for Service defects. Subject to the same mandatory-law proviso, your exclusive remedy for any defect in the Service — including any run that fails, and any Output affected by a defect attributable to the Service — is, at the Operator's option, re-performance of the affected operation or a re-credit of the Credits consumed by it.

5.7.3. Consumer withdrawal right. If you are a Consumer and the mandatory law of your habitual residence grants you a right of withdrawal for online purchases (for example, the fourteen (14)-day withdrawal right under European Union and United Kingdom consumer law), you may withdraw from a purchase of Credits within that period and receive a refund of the unused Credits, processed through the Merchant of Record. The checkout flow operated by the Merchant of Record may ask you to expressly request immediate supply of the Service and to acknowledge that, to the extent permitted by that law, you lose the right of withdrawal with respect to Credits consumed before you withdraw.

5.8. Suspension for payment issues

We may suspend Paid Services if your Credit balance is exhausted or if a payment is reversed, disputed or fraudulent, without prejudice to Section 18.

6. User Content and Output

6.1. You own your Inputs. As between the parties, you retain all right, title and interest in and to your Inputs.

6.2. You own your Outputs. As between the parties, you own the Outputs generated from your Inputs and settings, and you may use them for any lawful purpose, subject to Sections 7 and 8. The Operator claims no ownership of your simulation results or reports.

6.3. Limited hosting license to the Operator. You grant the Operator a non-exclusive, worldwide, royalty-free license to host, store, transmit, reproduce, process, transform, display (to you and to those you authorize) and back up your User Content, solely to the extent necessary to provide, secure, maintain and support the Service and to comply with law. This license permits, but does not obligate, the Operator to make backups of User Content; the Operator's data-security obligations are as stated in Section 13.3. This license terminates when the relevant User Content is deleted pursuant to Section 18.5, except for residual backup copies deleted in the ordinary course.

6.4. Private by default. Your projects and User Content are private by default and are not visible to other users. No forced publication applies to any tier, including the Free Tier.

6.5. Optional sharing. The Service may offer optional community or sharing features. Sharing occurs only through your explicit action (e.g., marking a project as shared or public). If you share User Content, you grant the Operator and the recipients you designate (or, for public sharing, other users of the Service) a license to view and, where the feature so indicates, copy the shared content for the purposes described in the feature. You can stop sharing prospectively at any time; copies already made by others may persist.

6.6. No training or marketing use. We do not use your User Content to train machine-learning models, for marketing, or for any purpose other than providing the Service, except with your separate express consent. We will not sell your User Content.

6.7. Your responsibilities. You represent and warrant that you have all rights necessary to upload and process your Inputs, and that your User Content does not infringe third-party rights or violate law (including export controls, Section 20). You are responsible for maintaining your own independent copies of Inputs and Outputs that are important to you; the Service is not an archival or escrow service.

7. ENGINEERING DISCLAIMER — VERIFICATION OF RESULTS

READ THIS SECTION CAREFULLY. IT IS A FUNDAMENTAL CONDITION OF YOUR RIGHT TO USE THE SERVICE AND IS INCORPORATED INTO SECTIONS 3, 8, 15, 16 AND 17.

7.1. Numerical approximations. Simulation results are numerical approximations of physical phenomena. They are produced by mathematical models, discretization schemes and iterative solvers that only approximate reality, and they are inherently sensitive to the geometry, mesh quality and resolution, boundary and initial conditions, material properties, physical model selection, solver settings, convergence criteria and units that you provide and control. Small changes in inputs or settings can produce materially different results. The Operator cannot and does not control the correctness, completeness or suitability of your Inputs.

7.2. Tools, not a substitute for judgment. The Service and its Outputs are analysis aids only. They require substantial engineering skill and judgment for correct use and for the interpretation of computed results. They are not a substitute for: (a) your own professional engineering judgment; (b) independent calculations and careful numerical review (including mesh-convergence and sensitivity studies); (c) physical prototyping, testing and measurement; or (d) review and approval by qualified engineers.

7.3. Mandatory independent verification and validation. Before using any Output — directly or indirectly — for any real-world design, construction, manufacturing, fabrication, operation, maintenance, procurement, certification or safety decision, you must:

(a) independently verify and validate the Output, including checking model assumptions, input data, mesh adequacy, convergence and physical plausibility, against independent calculations, empirical data, physical testing and/or established engineering references;

(b) confirm compliance with all applicable international and national standards, codes and regulations relevant to your application — including, by way of example only, ISO, ASME, API, ASTM, AISC, ACI standards and the Eurocodes, and their national or local equivalents in the place where the design will be built, manufactured or operated (for Peru, for instance, the Reglamento Nacional de Edificaciones (RNE) and the Normas Técnicas Peruanas (NTP)); and

(c) have the Output and the resulting design reviewed and approved by a qualified and experienced engineer, who must be licensed, chartered or registered (colegiado) where the applicable law of the relevant jurisdiction so requires (for example, registration with the Colegio de Ingenieros del Perú (CIP) in Peru, or Professional Engineer licensure where mandated), and who takes professional responsibility for the use of that information.

7.4. Not the sole basis for safety-relevant decisions. Outputs must never be relied upon as the sole basis for any decision whose incorrect resolution could result in personal injury, loss of life, property damage or environmental harm.

7.5. Responsibility for real-world use. All responsibility for the interpretation of Outputs and for any real-world use of, or reliance on, Outputs rests exclusively with you. The Operator does not warrant the accuracy, correctness, completeness or applicability of any Output or of any conclusion drawn from it (Section 15), and accepts no responsibility for the technical, commercial, regulatory or safety feasibility of any project or product you develop with the assistance of the Service.

7.6. No review of your models; no duty to detect errors. The Operator does not review, monitor, verify or approve your Inputs, model setups or Outputs and has no obligation to detect errors in them. Any automated checks, warnings, quality indicators or suggestions the Service may display are non-exhaustive computational aids provided AS IS; their presence, absence or silence is not a representation that a model is correct, complete or fit for any purpose, and does not transfer any of your verification responsibilities under this Section 7 to the Operator.

7.7. No duty to third parties; provision of Outputs to third parties. The Service is provided solely for your own use. The Operator assumes no duty of care, professional or otherwise, to any person other than the User, and no person other than the User may rely on the Service or on any Output. If you provide Outputs, reports or other results of the Service to any third party (including in your own client work or consulting deliverables as permitted by Section 9.1(g)), you must not represent them as verified, certified, approved or endorsed by the Operator, and you must convey to that third party disclaimers no less protective of the Operator than those set out in this Section 7 and in Section 15.

7.8. Automated reports. Automated reports generated by the Service are machine-generated compilations of your own Inputs and computed results. They contain no professional engineering review, opinion, seal or certification. You must not remove or obscure any disclaimer text embedded in generated reports, and you must not present any report to a third party as engineering work reviewed, verified or endorsed by the Operator.

7.9. This Section states a delimitation of the nature and scope of the Service; it applies in addition to, and independently of, the disclaimers and limitations in Sections 15 and 16.

8. High-Risk Applications

8.1. "High-Risk Applications" means any application in which the failure or malfunction of a system, structure or component analyzed with the Service could reasonably be expected to result in death, personal injury, or severe property or environmental damage — including, without limitation, nuclear facilities and components, life-support and other critical medical devices, aircraft primary structures and flight-critical systems, large-scale fluid or slurry containment structures, tailings facilities, dams, pressure-retaining equipment and structures, and other safety-critical systems.

8.2. Use of the Service in connection with High-Risk Applications is permitted only if you: (a) perform the full verification and validation process of Section 7 with the heightened rigor such applications demand, including independent validation by appropriately qualified and, where required, licensed engineers and all testing, certification and regulatory approvals required by applicable law; and (b) accept that you assume full and exclusive responsibility for such use. You are solely responsible for determining whether your application is a High-Risk Application, and this Section 8.2, Section 8.3 and Section 17 apply regardless of whether you classified the application correctly.

8.3. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR WARRANTED AS FIT FOR HIGH-RISK APPLICATIONS. You shall indemnify the Operator in accordance with Section 17 for any claim arising out of High-Risk Applications.

8.4. Nothing in this Section permits uses prohibited by Section 9 or Section 20 (including prohibited weapons programs).

9. Acceptable Use

9.1. You shall not, and shall not permit any third party to:

(a) use the Service in violation of applicable law, or to infringe, misappropriate or violate any third-party intellectual-property, privacy or other rights;

(b) upload or transmit malware or malicious code, or attempt to gain unauthorized access to the Service, other users' accounts or content, or the underlying infrastructure;

(c) probe, scan or test the vulnerability of the Service without written authorization, or interfere with or disrupt its integrity or performance;

(d) engage in scripted abuse, scraping, bulk automated account creation, or automated access other than through interfaces we make available for that purpose;

(e) circumvent, or attempt to circumvent, usage caps, rate limits, metering, the Free Tier shared queue, or any technical or billing control;

(f) reverse engineer, decompile, disassemble or attempt to derive the source code, models or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;

(g) resell, rent, lease, sublicense or operate the Service as a service bureau, timeshare or hosted offering for third parties, without a separate written agreement with the Operator (using Outputs in your own client work, including consulting deliverables, is permitted, subject to Sections 7.7 and 7.8);

(h) use the Service in violation of Export Laws or Sanctions, or in connection with the design, development, production or use of nuclear, chemical or biological weapons or missile systems capable of delivering them (Section 20); or

(i) misrepresent Outputs as certified, approved, reviewed or endorsed by the Operator, or remove or obscure any disclaimer text embedded in reports or other Outputs generated by the Service (Section 7.8).

9.2. We may investigate suspected violations and take proportionate measures under Section 18.

10. Intellectual Property and Feedback

10.1. Platform IP. The Service, including its software, solvers, algorithms, user interface, Documentation, trademarks and all associated intellectual-property rights, is and remains the exclusive property of the Operator and its licensors. Except for the limited right to access and use the Service in accordance with these Terms, no license or right is granted to you by implication or otherwise.

10.2. License to you. Subject to these Terms and payment of applicable fees, the Operator grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal purposes (which, for the avoidance of doubt, include commercial purposes on all tiers, per Section 5.2).

10.3. Feedback. If you provide suggestions, ideas or feedback about the Service, you grant the Operator a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation. Feedback does not include your User Content.

11. Third-Party and Open-Source Components

11.1. The Service incorporates third-party and open-source components licensed under their respective terms. Required attributions and license texts are available on the notices page at [LINK TO NOTICES PAGE]. Nothing in these Terms limits your rights, or grants you additional rights, under any applicable open-source license.

11.2. The Service runs on third-party cloud infrastructure providers. The Operator remains responsible to you for the Service as described in these Terms, subject to Sections 15 and 16.

12. Confidentiality

12.1. "Confidential Information" means non-public information disclosed by one party to the other in connection with the Service that is designated confidential or would reasonably be understood to be confidential — including, on your side, your private User Content, and on our side, non-public information about the Service.

12.2. Each party shall use the other's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and service providers bound by confidentiality obligations, or where disclosure is required by law or competent authority (with prior notice to the other party where legally permitted).

12.3. Confidentiality obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is received from a third party without duty of confidence, or is independently developed.

12.4. These obligations survive for [5] years after termination; for User Content and trade secrets, for as long as the information remains confidential.

13. Privacy and Data Protection

13.1. Our processing of personal data is described in the Privacy Policy at [LINK TO PRIVACY POLICY], which forms part of your relationship with us.

13.2. Cross-border hosting. The Service is hosted on third-party cloud infrastructure that may be located outside your country of residence. By using the Service you acknowledge that your User Content and personal data may be stored and processed in such locations, subject to the safeguards described in the Privacy Policy and applicable data-protection law.

13.3. Security. We implement reasonable technical and organizational measures designed to protect User Content against unauthorized access, loss and alteration. No system is perfectly secure; you must assess whether the Service's security is appropriate for the sensitivity of your data before uploading it.

13.4. Disclosure. We disclose User Content and personal data only: (a) to service providers (such as cloud infrastructure providers and the Merchant of Record) as necessary to provide the Service, under confidentiality and data-protection obligations; (b) as required by law or competent authority; or (c) with your consent.

13.5. Personal data in Inputs. Inputs must not contain personal data other than your own account data. If your intended use of the Service requires processing personal data within Inputs (for example, measurement data relating to identifiable individuals), contact us at [hello@mathsimulation.com] to execute our Data Processing Addendum before uploading any such data.

14. Availability

The Service is provided on a reasonable-efforts basis without any committed availability percentage. The Free Tier carries no availability commitment of any kind. We may perform maintenance (with advance notice where practicable) and may throttle, queue or reschedule compute workloads to protect platform stability.

15. Disclaimer of Warranties

THIS SECTION LIMITS THE WARRANTIES YOU RECEIVE. READ IT TOGETHER WITH SECTION 7.

15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE DOCUMENTATION, ALL OUTPUTS AND ALL BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR QUIET ENJOYMENT.

15.2. NO WARRANTY OF RESULTS. WITHOUT LIMITING SECTION 15.1, THE OPERATOR AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, APPLICABILITY OR FITNESS OF ANY OUTPUT, OF ANY ANALYSIS OR CONCLUSION BASED ON ANY OUTPUT, OR OF THE COMPLIANCE OF ANY DESIGN WITH ANY STANDARD, CODE OR REGULATION. VERIFICATION AND VALIDATION OF ALL OUTPUTS IS YOUR EXCLUSIVE RESPONSIBILITY UNDER SECTION 7.

15.3. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, that compute jobs will complete or converge, or that the Service will meet your requirements.

15.4. Descriptions, illustrations, tutorials, examples and marketing materials describe the Service; they are not warranties and do not expand any warranty.

15.5. Some jurisdictions do not allow the exclusion of certain warranties. Where such law applies to you, the exclusions in this Section apply only to the extent permitted, and any non-excludable warranty is limited in duration and remedy to the minimum permitted by that law. For example, if you are a consumer in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms excludes, restricts or modifies them; our liability for their breach is limited, where permitted by section 64A of the Australian Consumer Law, to the re-supply of the services or the payment of the cost of re-supply.

16. Limitation of Liability

THIS SECTION LIMITS THE OPERATOR'S LIABILITY. READ IT TOGETHER WITH SECTIONS 7 AND 8.

16.1. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR, ITS DIRECTORS, EMPLOYEES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2. PHYSICAL-EVENT EXCLUSION. WITHOUT LIMITING SECTION 16.1, AND SUBJECT TO SECTION 16.4, THE OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, INJURIES OR LIABILITIES ARISING FROM ANY PHYSICAL EVENT — INCLUDING FAILURE, MALFUNCTION, COLLAPSE, LEAK, EXPLOSION, WEAR, ACCIDENT OR UNDERPERFORMANCE — INVOLVING ANY SYSTEM, STRUCTURE, EQUIPMENT, PRODUCT OR PROCESS THAT WAS DESIGNED, ANALYZED, EVALUATED OR OPTIMIZED, IN WHOLE OR IN PART, USING THE SERVICE OR ITS OUTPUTS. RESPONSIBILITY FOR REAL-WORLD USE OF OUTPUTS RESTS WITH YOU UNDER SECTIONS 7 AND 8.

16.3. CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED UNITED STATES DOLLARS (USD 100) AND (b) THE TOTAL FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.4. Carve-outs. Nothing in these Terms excludes or limits: (a) liability for willful misconduct or gross negligence — under Peruvian law, dolo and culpa inexcusable pursuant to Articles 1328–1330 of the Peruvian Civil Code — in each case solely to the extent that applicable law prohibits the exclusion or limitation of such liability; (b) liability for death or personal injury caused by the negligence of the Operator or its employees or agents; or (c) mandatory consumer rights under the law of your habitual residence, solely to the extent such rights cannot be waived or limited by contract. If a carve-out in this Section 16.4 applies to a particular claim or portion of a claim, the exclusions and limitations of this Section 16 remain fully applicable to all other claims and to all other portions of that claim, to the maximum extent permitted by applicable law.

16.5. Backups and data loss. You are responsible for keeping independent copies of User Content important to you (Section 6.7). To the extent permitted by law, the Operator's entire liability for loss or corruption of User Content is to use reasonable efforts to restore the affected content from the Operator's most recent available backup. The Operator is not liable for User Content that you failed to back up independently as required by Section 6.7, and in no event shall the Operator's liability for loss of data exceed the cap in Section 16.3.

16.6. Reasonableness. You acknowledge that the fees for the Service (including the availability of a Free Tier) reflect the allocation of risk in this Section, and that the potential damages from engineering projects assisted by the Service could be disproportionately greater than the fees paid; the Service would not be offered at these prices without these limitations.

16.7. The exclusions and limitations in this Section may be invoked by the Operator's directors, employees, affiliates and suppliers in their own right.

16.8. Failure of essential purpose. The exclusions and limitations in this Section apply to the maximum extent permitted by applicable law even if any limited remedy stated in these Terms (including the remedy in Section 5.7.2) fails of its essential purpose.

17. Indemnification by the User

17.1. You shall defend, indemnify and hold harmless the Operator and its directors, employees, affiliates and suppliers from and against any third-party claim, demand, proceeding, loss, damage, fine, cost or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Service or of any Output, including any real-world design, construction, manufacturing, fabrication, operational, maintenance, procurement, certification or safety decision made in reliance on Outputs, whether or not you complied with Section 7; (c) your provision of Outputs, reports or other results of the Service to any third party, including any claim by any person who received or relied on Outputs directly or indirectly through you; (d) any High-Risk Application (Section 8), regardless of whether you classified the application as High-Risk; (e) your breach of these Terms or of applicable law, including Export Laws and Sanctions; or (f) any infringement of third-party rights by your Inputs.

17.2. We will notify you promptly of any claim subject to indemnification and reasonably cooperate at your expense. You may control the defense with counsel reasonably acceptable to us; you shall not settle any claim in a manner that imposes obligations or admissions on the Operator without our prior written consent.

17.3. Consumers. If you are a Consumer, this Section applies only to the extent the claim arises from your breach of these Terms or of applicable law, or from your negligent or intentional acts or omissions, and nothing in this Section limits your non-waivable statutory rights.

18. Term, Suspension and Termination

18.1. Term. These Terms apply from your acceptance until termination.

18.2. Termination by you. You may stop using the Service and close your Account at any time through the Service or by writing to [hello@mathsimulation.com]. Closing your Account does not entitle you to a refund of unused Credits except as provided in Sections 5.7 and 19.2.

18.3. Suspension and termination by the Operator. We may suspend or restrict your access, or terminate these Terms, upon notice, if: (a) you materially breach these Terms (including Sections 7–9 and 20) and, where the breach is curable, fail to cure it within [15] days of notice; (b) your use presents a security, legal or operational risk to the Service or other users; (c) we are required to do so by law or competent authority; or (d) for Free Tier accounts, the account has been inactive for more than [12] months (with prior notice). Suspensions will be proportionate and lifted when the cause is resolved, where feasible.

18.4. Discontinuation of the Service. If we permanently discontinue the Service or a material part of it, we will give at least [30] days' notice and refund the unused Credit balance attributable to the discontinued capability.

18.5. Post-termination data retention and export. For approximately thirty (30) days after termination or Account closure, you may export your User Content using the Service's export functions or by written request. After that period we may permanently delete your User Content from active systems, with residual backup copies deleted in the ordinary course. We may retain records required for legal, tax or accounting purposes.

18.6. Survival. Sections 2, 5.7, 6.7, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18.5, 18.6, 20, 21 and 22 survive termination.

19. Modifications to the Service and to these Terms

19.1. We may update these Terms. Each version will be published with its version number and effective date, and prior versions will remain available at [LINK TO VERSION ARCHIVE].

19.2. Material changes will be notified at least thirty (30) days before their effective date by email and/or in-app notice, and will require your renewed acceptance through the Service's versioned acceptance gate before they apply to you. If you do not accept, you may close your Account before the effective date; continued use after accepting the new version constitutes agreement to it. If you do not accept a material change and close your Account before its effective date, we will refund your unused Credit balance through the original payment channel, notwithstanding Section 5.7.

19.3. Non-material changes (e.g., clarifications, typographical corrections, changes required by law) may take effect upon publication.

19.4. Material modifications to the Service. Material modifications to the Service that adversely affect Paid Services — including the material reduction or withdrawal of a paid capability — will be announced at least [30] days in advance through the Service or by email. Where a paid capability is materially reduced or withdrawn, the unused Credit balance attributable to that capability will be refunded in accordance with Section 18.4.

20. Export Control and Sanctions

20.1. The Service and technical data may be subject to export-control and sanctions laws and regulations, including those of Peru, the United States, the European Union and the United Kingdom, and applicable United Nations Security Council measures ("Export Laws" and "Sanctions").

20.2. You represent and warrant, on a continuing basis, that: (a) you are not, and are not owned or controlled by or acting on behalf of, a person or entity designated on any applicable sanctions or restricted-party list, and you are not located in, or ordinarily resident in, a comprehensively sanctioned country or territory; (b) you will not use, export, re-export or transfer the Service, any Output or any technical data in violation of Export Laws or Sanctions, including applicable end-use, end-user and destination restrictions; and (c) you will not use the Service in connection with the design, development, production, stockpiling or use of nuclear, chemical or biological weapons, or of missile systems capable of delivering them.

20.3. You must notify us promptly if any representation in this Section ceases to be true. The Operator is excused from any obligation whose performance would violate Export Laws or Sanctions, and may suspend or terminate access as needed to comply.

21. Governing Law and Dispute Resolution

21.1. Governing law. These Terms are governed by the laws of the Republic of Peru, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

21.2. Amicable resolution. The parties will first attempt in good faith to resolve any dispute by contacting [hello@mathsimulation.com] and negotiating for at least [30] days.

21.3. Business users — arbitration. If you use the Service in the course of a business, trade or profession, any dispute arising out of or relating to these Terms or the Service that is not resolved amicably shall be finally settled by arbitration in Lima, Peru, administered by [CENTRO DE ARBITRAJE — e.g., the Arbitration Center of the Cámara de Comercio de Lima] under its rules in force at the filing date, by [one] arbitrator, conducted in [English/Spanish]. The award shall be final and binding, and may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing, either party may bring a claim whose amount in dispute is below USD [10,000] in the courts referred to in Section 21.4 or, in the case of the User, in a competent small-claims forum, and the parties may agree to expedited, documents-only arbitration procedures for such claims. In case of doubt as to whether a User acting for mixed (dual-purpose) ends is a Consumer or a business user, the classification under the mandatory law of the User's habitual residence controls.

21.4. Other users — courts of Lima. For Users not covered by Section 21.3, disputes shall be submitted to the courts of the Judicial District of Lima, Peru, save that this submission is non-exclusive for Consumers and is subordinate to Section 21.5: if you are a Consumer under the mandatory law of your habitual residence, you may bring proceedings in, and may only be sued in, the courts of that country where that law so provides.

21.5. Mandatory consumer protections respected. If you are a consumer, nothing in these Terms deprives you of the protection of mandatory consumer-protection provisions of the law of your country of habitual residence, or of your right to bring proceedings before the courts or consumer authorities of that country, where such rights cannot be waived by agreement.

21.6. Language. These Terms are drafted in English, and the English text governs. Translations, if provided, are courtesy translations for information only, except for the separate Spanish-language Peru Terms, which govern Peruvian users under Section 1.4.

21.7. Injunctive relief. Either party may seek interim or injunctive relief from a competent court to protect intellectual property or Confidential Information.

21.8. Time limit on claims; individual disputes; jury waiver. To the extent permitted by applicable law, and in each case subject to Section 21.5 and severable from the other provisions of this Section 21.8: (a) any claim arising out of or relating to these Terms or the Service must be brought within twelve (12) months after the event giving rise to it; (b) disputes shall be resolved on an individual basis only, and neither party may participate in any class, collective or representative action, whether in arbitration or in court; and (c) each party waives any right to a trial by jury in court proceedings, in jurisdictions that permit such waiver.

22. Miscellaneous

22.1. Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental acts, internet or utility failures, and failures of third-party cloud infrastructure providers, provided the affected party uses reasonable efforts to mitigate.

22.2. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, reorganization or sale of assets, with notice to you.

22.3. Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and, if necessary, replaced by a valid provision that most closely reflects the parties' intent; the remainder of the Terms remains in effect.

22.4. Entire agreement. These Terms, together with the documents incorporated by reference (Section 1.5) and, where executed, Annex A, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings on the subject. Terms in your purchase orders or vendor forms do not apply.

22.5. Notices. We may give notices by email to your registered address, by in-app notice, or by posting in the Service. You may give notice by email to [hello@mathsimulation.com] or by written communication to the Operator's domicile. Electronic notices are deemed received when sent, absent a delivery failure.

22.6. No waiver. Failure to enforce a provision is not a waiver of it. Waivers must be in writing.

22.7. Independent parties. The parties are independent contractors; these Terms create no partnership, agency, employment or joint venture.

22.8. No third-party beneficiaries. Except as expressly provided in Section 16.7, these Terms are for the sole benefit of the parties, create no rights or remedies in favor of any third party, and may not be relied upon or enforced by any person other than the parties.

22.9. Headings are for convenience only and do not affect interpretation.

23. Contact

[RAZON SOCIAL — p.ej. MATHSIMULATION S.A.C.] RUC No. 20615990982 [ADDRESS], Lima, Peru Email: [hello@mathsimulation.com] Website: https://mathsimulation.com

Annex A — Enterprise Signature Block (Optional Offline Acceptance)

This Annex may be executed by entities that prefer or require offline signature. Execution of this Annex constitutes acceptance of the MATHSIMULATION Terms of Service (International), Version [v2.0], Effective Date [DD MONTH YYYY], with the same effect as click-wrap acceptance under Section 1.2. In case of conflict between this Annex and any separately negotiated written agreement, the negotiated agreement prevails (Section 1.5).

USER / CUSTOMER

OPERATOR — [RAZON SOCIAL — p.ej. MATHSIMULATION S.A.C.] (RUC 20615990982)

End of Terms of Service (International) — Version [v2.0].