Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SimFusion Inc. ("SimFusion," "we," "our," or "us") governing your access to and use of the SimFusion website, applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Eligibility

You must meet the following criteria to use our Services:

• Be at least 16 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable laws
• Not have been previously suspended or removed from the Services

If you are under 16, you may only use the Services under the supervision of a parent, guardian, or authorized educational institution.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for:

• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information is accurate and up-to-date
• Logging out of your account at the end of each session

SimFusion cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. Subscription Plans and Payment

4.1 Plan Types

We offer the following subscription plans:

• Explorer (Free): Limited features, public projects only
• Professional: Full feature access, private projects, priority support
• Enterprise: Custom solutions, SSO, on-premise deployment, dedicated support

4.2 Payment Terms

• Professional and Enterprise plans require payment of applicable fees
• All fees are exclusive of taxes, which you are responsible for paying
• Payments are processed securely through Stripe
• Subscriptions automatically renew unless cancelled
• Refunds are provided according to our refund policy (14-day money-back guarantee for new subscriptions)

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access until the end of your current billing period. After that, your account will revert to the free Explorer plan with limited features.

5. Intellectual Property

5.1 Your Content

You retain all ownership rights to the models, simulations, code, and data you create using our Services ("User Content"). By uploading User Content, you grant SimFusion a limited license to host, store, and process this content solely for the purpose of providing and improving our Services.

5.2 Platform Ownership

SimFusion retains all rights, title, and interest in and to the Services, including all software, algorithms, user interfaces, documentation, and content provided by SimFusion. These Terms do not grant you any rights to use our trademarks, logos, or brand elements without prior written permission.

5.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services may be used by SimFusion without compensation or attribution. We appreciate your input in helping us improve our platform.

6. Acceptable Use

6.1 Permitted Activities

You may use our Services for:

• Engineering modeling and simulation
• Data science and signal processing
• Educational and research purposes
• Commercial applications within your subscription tier

6.2 Prohibited Activities

You may not use our Services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Distribute malware, viruses, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or other users
• Scrape, crawl, or data-mine our platform without permission
• Upload content that is illegal, harmful, threatening, or discriminatory
• Use the Services for cryptocurrency mining or similar resource-intensive activities unrelated to modeling
• Reverse engineer, decompile, or disassemble any part of the Services

7. Confidentiality and Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using SimFusion, you consent to the practices described in the Privacy Policy.

If you are an Enterprise customer with a confidentiality agreement (NDA), those terms supplement these Terms with respect to protected information.

8. Service Availability and Modifications

8.1 Uptime Commitment

We strive to maintain high availability of our Services. Professional and Enterprise plans include service level agreements (SLAs) with uptime guarantees. Explorer (free) accounts do not include uptime guarantees.

8.2 Maintenance and Updates

We may perform scheduled maintenance that could temporarily interrupt access to the Services. We will provide advance notice for planned maintenance when possible. We continually update and improve our Services and may modify or discontinue features with notice.

8.3 Force Majeure

SimFusion shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

9. Termination

9.1 Termination by You

You may terminate your account at any time by following the account deletion process in your settings or contacting our support team. Upon termination, your right to use the Services immediately ceases.

9.2 Termination by SimFusion

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activities, or if required by law. We will provide notice where practicable, except in cases of severe violations where immediate action is necessary.

9.3 Data Retention

Upon termination, we will retain your data for 30 days to allow for account recovery, after which it will be permanently deleted according to our data retention policies. Some anonymized data may be retained for analytical purposes.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

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

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MATHFUSION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 if you have not made any payments.

10.3 Exceptions

The above limitations do not apply to: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) willful misconduct; or (d) any liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless SimFusion and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content you submit or share through the Services

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

12.3 Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and notifying you via email at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Services and cancel your account.

14. General Provisions

14.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SimFusion regarding the Services.

14.3 Assignment

You may not assign or transfer these Terms without our prior written consent. SimFusion may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

14.4 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of SimFusion.

15. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@simfusion.io
• Address: SimFusion Inc., 123 Innovation Drive, Suite 400, San Francisco, CA 94105, USA
• Phone: +1 (555) 123-4567 (Monday-Friday, 9am-6pm PST)