Terms of Service

Effective date: 2026-05-03 Version: 1

Important — please read. By creating an account, accepting an invitation, or signing in to MathSimulation, you agree to these Terms. If you do not agree, do not use the service.

Legal disclaimer about this template. This document is a working draft prepared for review. It is not legal advice. Before you charge users, you must have a qualified attorney in your jurisdiction review and adapt this text — particularly the Disclaimer of Warranties and Limitation of Liability sections, which are the most important terms for an engineering simulation product.

1. Definitions

  • "Service", "MathSimulation", "we", "us", "our" — the cloud-based engineering simulation platform operated at mathsimulation.com and its subdomains, including its CFD, FEM, DEM, CAD, post-processing, and reporting features.
  • "User", "you", "your" — any individual or entity that registers an account or uses the Service.
  • "Content" — any data you upload, create, or generate within the Service, including STEP files, sketches, meshes, simulation results, reports, and metadata.
  • "Output" — the numerical or visual results produced by running a simulation through the Service.

2. Eligibility and account

You must be at least 18 years old and capable of entering into a binding contract. You are responsible for keeping your credentials secret and for all activity under your account. Notify us immediately at the contact address below if you suspect unauthorized access.

We may refuse, suspend, or terminate any account at our discretion, including (without limitation) for violations of these Terms, non-payment, or behavior that threatens the integrity, safety, or performance of the Service or its other users.

3. Acceptable use

You agree NOT to:

  • Upload Content you do not have the right to share, including third-party CAD geometry covered by NDA, copyright, or trade secret;
  • Attempt to gain unauthorized access to other users' accounts, data, or projects;
  • Probe, scan, stress-test, or interfere with the Service's infrastructure (this includes scripted creation of accounts, projects, or simulations beyond normal interactive use);
  • Upload or generate Content that contains malware, illegal material, or material that violates the rights of others;
  • Use the Service for activities prohibited by applicable export control or sanctions regulations;
  • Resell, sublicense, or operate the Service on behalf of third parties without a written agreement with us.

We enforce per-account rate limits on expensive operations (simulation runs, mesh generation, CAD operations, file uploads, post-processing). Exceeding these limits results in temporary throttling, not data loss.

4. User Content and intellectual property

You own your Content. Uploading Content to the Service does not transfer ownership.

By uploading Content, you grant us a non-exclusive, worldwide, royalty-free license to host, copy, transmit, transform (e.g., mesh, solve, post-process), back up, and display the Content as strictly necessary to provide the Service to you. We do not use your Content for marketing, training of machine-learning models, or sharing with third parties, except:

  • Service providers strictly necessary to operate the Service (cloud hosting, email delivery, payment processing) under confidentiality;
  • When required by law or valid legal process; or
  • With your explicit written consent.

You retain all rights to the Output of your simulations.

The Service itself — including its source code, user interface, solver integrations, documentation, and trademarks — remains our exclusive property, protected by copyright and other intellectual property laws.

5. Subscription, credits, and billing

Some features of the Service are available without payment subject to usage caps. Other features require a paid subscription or the purchase of credits. Pricing is published on the Service and may change with at least thirty (30) days' prior notice.

You authorize us (via our payment processor) to charge your payment method for the fees you incur. Credits do not expire unless stated explicitly at the time of purchase. Unused credits are non-refundable unless required by applicable consumer protection law.

You are responsible for any taxes (VAT, IGV, sales tax) that apply to your purchases.

6. Disclaimer of warranties — engineering use

READ THIS CAREFULLY. The Service is a numerical simulation tool. Results depend on the geometry, boundary conditions, mesh quality, material properties, solver settings, and many other inputs you provide. You are solely responsible for verifying that any Output is appropriate for its intended engineering, scientific, regulatory, or commercial purpose.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose;
  • Warranties that the Output is accurate, complete, free of numerical error, convergent, or suitable for any specific real-world engineering application;
  • Warranties that the Service will be uninterrupted, secure, or error-free.

The Output of any simulation must be independently validated by a qualified engineer with a licensed seal in your jurisdiction before being used to make decisions about the design, construction, operation, or safety of any physical system. The Service is a productivity tool for engineering analysis, not a substitute for professional engineering judgment.

7. Limitation of liability

To the maximum extent permitted by law, in no event shall MathSimulation, its officers, employees, contractors, or service providers be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, business opportunities, or reputation;
  • Damages arising from physical events involving systems designed, validated, or analyzed using the Service, including (without limitation) structural failures, equipment damage, environmental events, personal injury, or loss of life.

Our total cumulative liability under these Terms, regardless of the form of action, shall not exceed the greater of (a) USD 100, or (b) the total fees you have paid to us in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, the above limitations apply only to the extent permitted by law.

8. Termination

You may terminate your account at any time by deleting it from the Service or by contacting us. We may suspend or terminate your account if you violate these Terms or for any other lawful reason, with or without notice depending on the severity of the violation.

Upon termination:

  • You lose access to the Service.
  • Your Content is retained for thirty (30) days in our backups, then permanently deleted.
  • Any outstanding payment obligations survive termination.
  • Sections 4 (IP), 6 (Warranties), 7 (Liability), 9 (Governing law), and 10 (Modification) survive termination.

9. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Peru, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by the competent courts of Lima, Peru, unless a mandatory consumer-protection law in your country of residence requires otherwise.

10. Modification of Terms

We may update these Terms from time to time. When we do, we will publish the updated version at mathsimulation.com/terms with a new Effective date and Version. For material changes, we will notify active users by email at least thirty (30) days before the new Terms take effect, and we will require you to accept the updated Terms before continuing to use the Service.

Continued use of the Service after the effective date of an update constitutes acceptance.

11. Contact

For questions about these Terms, account issues, or to exercise the rights described in our Privacy Policy:

  • Email: noreply@mathsimulation.com (replace with the support inbox once configured)
  • Postal address: (to be added before going live with paid customers)

Source: docs/legal/terms.md