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Terms & Conditions
OBJECT OF THE AGREEMENT
In order to use simulationHub’s Autonomous HVAC CFD software Beta, you have to ACCEPT these Terms of use.
simulationHub reserves the right at any time to change the terms, conditions, notices under which its services are provided. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of simulationHub after such changes are posted constitutes your acceptance of these terms and conditions as modified.
If and when simulationHub releases a commercial version of the Software, simulationHub will notify you via email to your registered email address and you will be required to accept new terms of Software before you can use the commercial version.
The Software that simulationHub provides is used to simulate physical processes using data that the Customer uploads in an Account the Customer creates. These data are composed of various parameters, HVAC design, Project site location, Building Information data, settings, and other necessary information.
DATA NECESSARY FOR USE
simulationHub uses a user account (hereinafter: Account) to record the data necessary and ensures that the Customer can use the Software through the Account.
In order to be able to use the Autonomous HVAC CFD software, the Customer shall personally specify the data necessary to run a simulation and review its completeness and correctness. (These data include, inter alia,.) HVAC design that includes supply air conditions, supply-return locations, Building Information Model that includes floor plan, seating arrangement, construction materials, numeric settings, etc. This listing can only be exemplary.
The Customer is solely responsible for the correctness and completeness of the data transmitted by the Customer and the modeling of the technical system. The Software can only perform a calculation correctly using completely transmitted and correct data. simulationHub, therefore, assumes no liability for the correctness of the calculated results with regard to the process to be simulated.
The Customer can access the data that he has loaded into his account at any time and can access the results obtained by the use of the simulationHub Software at any time. If simulationHub would be temporarily unable to provide these data and results for technical reasons, then simulationHub agrees to remedy the malfunction promptly. This excludes events of force majeure.
PRIVACY
simulationHub does not share your personal information, including email address, with any third party, except as required by law, or as is necessary to fulfill its obligations under these Terms. simulationHub reserves the right to collect anonymous statistics and bug reports, to improve the quality of the product.
LICENSING
When you create content on simulationHub, you grant simulationHub a license to distribute that content, either electronically or via other media, to users seeking to use it further through the simulationHub website and specific app website or for purposes of other services provided by simulationHub and to display such content on simulationHub affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the simulationHub services as they now exist or are developed in the future.
The content on the simulationHub website, including without limitation, the files, text, software, graphics, photos, and videos, is owned by or licensed to simulationHub, subject to copyright and other intellectual property rights under Indian Copyright Act and trademark laws, foreign laws, and international conventions. simulationHub reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.
All copyright, trademarks, service marks and other intellectual property rights in simulationHub (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of simulationHub, its affiliates, associated companies, and/or licensors.
The names, images and logos identifying simulationHub and its applications are proprietary marks of simulationHub, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of simulationHub, its associated companies and affiliates, or any third party unless expressly stated otherwise.
You acknowledge that you are solely responsible for the content you create on simulationHub.
INDEMNITY
You agree to hold harmless and indemnify simulationHub, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the simulationHub website and applications, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees, of every kind and nature.
CUSTOMER RESPONSIBILITIES
  1. To provide all necessary information, assistance and instructions in a manner that enables Product to meet performance standards
  2. Report all the issues, queries and request via appropriate channels and processes
  3. To maintain the security of their login, user ID, password, access code details and follow the necessary precautions not to compromise the account details
  4. To maintain confidentiality about their own model data which are being uploaded on the Autonomous HVAC CFD app for simulation
  5. Not to share the Autonomous HVAC CFD app feature details, workflow and other software proprietary information with anyone
  6. Not to upload any third party/vendor/company’s intellectual property data on Product without taking prior permission from the respective party
  7. To adhere to the overall Product usage moral and follow the fair usage policy
  8. To use the login credentials only for he/her own use and not to share the login details with anyone else
PROHIBITED CONTENT
The following content is prohibited on simulationHub.
  • Content involving nudity
  • Content that exploits children or minors or that disclose any personally identifying information beyond a first name about persons under the age of 18
  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment
  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity
  • Content detected a fraudulent activity
  • Content promoting or providing instructional information about illegal activities
  • Content depicting cruelty to animals.
  • Copyrighted content or material that is used without the express permission of the owner.
  • Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
  • Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
  • Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of simulationHub servers or another user’s computer.
  • Content that violates any applicable laws or regulations not specifically referenced herein.
Obligations: You shall not and shall not allow a third party to:
  1. Attempt to copy, alter, modify, adapt, translate, or create a derivative of the features, functionalities or altogether the Product
  2. Attempt to remove or alter any proprietary notices or legends appearing in the Service, Product or Documentation
  3. Analyze the Services, Product or Documentation for the purposes competitive to Product, or access or otherwise use the Services, Product or Documentation in order to build a similar or competitive Service or Product offering
  4. Attempt to reverse engineer, disassemble, decompile or otherwise attempt to discover the source of the Software, or create derivative workflows, compilations or Product
  5. Attempt to use any component of the Product on a standalone basis or through any script or automated process
  6. Attempt to export the Service, Product or Documentation
  7. Disclose or make any Passwords or access credential public or share with any Other people/organization
  8. Use any robot, spider, scraper or other automated means to access the Services or Product, or use any data mining, data gathering or extraction method
  9. Upload, post, email or otherwise send or transmit any material, including any software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware associated with the Services and Product
simulationHub reserves the right to remove any content that falls under any of the above and other prohibited categories, in the sole judgment of simulationHub.
As part of these terms of use, you warrant that you will not use the services offered on the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the simulationHub and its application website in any manner which could damage, disable, overburden, or impair the simulationHub website or interfere with any other parties use and enjoyment of the simulationHub website. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other simulationHub proprietary materials, through any means not intentionally made available or provided for through the simulationHub website.
simulationHub has no obligation to monitor the content which has been created by its users for compliance with the foregoing. However, simulationHub reserves the right to review the content created on simulationHub and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. simulationHub reserves the right to terminate your access to any or all of the services offered by simulationHub at any time without notice for any reason whatsoever.
simulationHub does not control or endorse the content, messages or information found in any user-generated content and, therefore, simulationHub specifically disclaims any liability concerning such user-generated content and any actions resulting from such user-generated content.
You agree to use the services provided by simulationHub only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use simulationHub in any manner that interferes with its normal operation or with any other users' use and enjoyment thereof. You further agree that you will not access, or cause others to access, simulationHub through an interface or in a manner that would interfere with the monetization of simulationHub-hosted content or the honoring of copyright licenses attached to simulationHub-hosted content. You also agree that you will not access simulationHub from any territory where its contents are illegal.
simulationHub does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and simulationHub expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of content that allegedly does not conform to these Terms of Use, simulationHub may investigate the allegation and determine in good faith and its sole discretion whether to remove the user-generated content.
NO TRANSFER OF THE RIGHT OF USE
The Customer is not entitled to transfer the right of use to third parties.
For beta users subject to the following provision:
However, members of the company or authorized third parties are permitted to upload data. The Customer is not authorized to use the simulationHub Software through his Account for third parties. In case of unauthorized usage, simulationHub is entitled to block the Account and do the necessary legal actions. In this case, as well, the Customer is obligated to maintain the email address until completion of this process.
WARRANTY DISCLAIMER
YOUR USE OF SIMULATIONHUB IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. SIMULATIONHUB EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
The information and other materials included on this website may contain inaccuracies and typographical errors. simulationHub does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the website (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. simulationHub reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services described in the site at any time without notice.
simulationHub does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available is free of viruses or bugs. simulationHub does not represent the full functionality, accuracy or reliability of any material. simulationHub may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
simulationHub also uses third-party software for individual parts of simulation runs. simulationHub selects this software to the best of its knowledge and belief. simulationHub assumes a warranty for the functionality of the third-party software provided for use only in case of wrongful intent and gross negligence but agrees to report errors to the author of the software immediately after their discovery. If a calculated result is false due to a defect that has subsequently been remedied, the specific calculation process can be repeated to resolve the issue.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN NO EVENT SHALL SIMULATIONHUB AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SIMULATIONHUB WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SIMULATIONHUB WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SIMULATIONHUB WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SIMULATIONHUB WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIMULATIONHUB OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY, DAMAGE TO HEALTH, AND DEATH.
SUPPORT
The Customer may request that simulationHub employees help in the creation of a simulation. In this case, as well, simulationHub excludes any and all liability for the correctness of the modeling of the technical system. simulationHub can help exclusively in setting the tool, but shall in no case make its own assessment of what is technically necessary for the Customer.
TERMINATION OF THE AGREEMENT
The Customer can delete his Account anytime. simulationHub reserves and retains the right to delete the Account in question after termination by a Customer or after blocking the account. After deleting the Account, simulationHub will also delete all other Customer data.
LAW AND JURISDICTION CLAUSE
  • For all users: Indian law shall be exclusively applied to this Agreement.
  • For all users: Pune, Maharashtra regional court shall have exclusive jurisdiction and venue for any disputes arising from and concerning this Agreement.
FINAL PROVISIONS
All amendments shall require written form to be effective; this shall apply to the requirement of written form itself.
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