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Terms of Usage

SOFTWARE AND HARDWARE AGREEMENT FOR ESS ENGINEERING SOFTWARE STEYR BECOMING A USER OF ALSIM CLOUD

Version : 2024-04-29

1. About alsim CLOUD

Engineering Software Steyr (ESS) operates alsim CLOUD, a platform for highly accurate physical flow simulations. Our simulations aim to reflect real-world behavior, but please note that results may not always precisely represent reality and could deviate significantly in some cases.
Validation: All applications on alsim CLOUD are meticulously developed and validated using real-world examples to ensure reliability and accuracy to the best extent possible.
Accessibility: alsim CLOUD is accessible to all interested parties, including educational institutions, private users, and companies worldwide.

2. Software Agreement

This agreement contains the standard terms and conditions governing your permission, access to, and use of the applications offered by ESS. By clicking the "I Agree" button in this License Agreement, you consent to enter into a legally binding agreement with ESS concerning your access to and use of alsim CLOUD.

3. Hardware Agreement

This agreement contains the standard terms and conditions governing your permission, access to, and use of the hardware for executing physical simulations offered by ESS. By clicking the "I Agree" button in this Hardware Agreement, you consent to enter into a legally binding agreement with ESS concerning your access to and use of alsim CLOUD.

4. Description of the service

The service provides functionality that enables the use of various applications within alsim CLOUD. Initially, the user needs to navigate to the Login/Signup page to log in with their credentials after completing the registration process.
The detailed functionality of the Service is provided on an "as is" basis in accordance with ESS's service descriptions available at any time. You acknowledge that ESS may make changes to the functionality of the Service periodically. You will be notified of any material changes.

5. Detail of use of the service

When using alsim CLOUD for the first time, the user must create a user account by providing a username and password. Upon registration, a confirmation email will be sent to the email address provided. It is essential to complete the authentication process outlined in the confirmation email before accessing the Service. Users must log in to the alsim CLOUD website to utilize the Service fully.
ESS reserves the right to delete any data uploaded to the Service that violates these requirements. The rights of use for the e-cubes (engineering cubes) are non-transferable.

6. User Level

Currently, there are no restriction on usage.

7. Processing of Personal Data

By registering a User Profile on alsim CLOUD, you consent to ESS using, storing, and processing your Personal Data, as well as any other Personal Data stored in the Service, solely for the purpose of providing the alsim CLOUD Service to you in accordance with this Agreement. Additionally, you consent to the detailed Privacy Policy outlined here.

8. Term & Termination

ESS reserves the right to terminate or restrict a user's access to alsim CLOUD at any time. Any valid, unused e-cubes (engineering cubes) will be refunded.

9. Fees and Payment

Registration for alsim CLOUD is free of charge. However, payments for hardware and software usage must be made before starting a simulation. Users are required to purchase e-cubes (engineering cubes), which are necessary to qualify for software and/or hardware usage.

10. Changes to the agreement

ESS reserves the right to modify the terms of the Agreement. In the event of any changes, the next time you log in to the Service, you will be prompted to review and accept the updated terms before continuing to use the Service.

11. System Availability

ESS endeavors to maintain the availability of the Service continuously, 24/7. However, you acknowledge that alsim CLOUD may occasionally be unavailable, such as during updates or maintenance periods.

12. Liability & Warranty

ESS assumes no liability and warranty for the services provided to the extent permissible under the mandatory laws of the respective state. The user agrees to provide accurate information during user registration.

13. Sustainable Development Goals

alsim CLOUD supports the 17 Sustainable Development Goals (SDGs) of the United Nations, with a particular emphasis on gender equality and quality education. Users acknowledge that fraudulent activities are incompatible with the goals of sustainable cities and communities, reducing inequalities, and promoting responsible consumption and production. Users agree not to misuse the alsim CLOUD portal in a manner that contradicts these objectives.

14. Fraud

Users acknowledge that fraudulent activities are strictly prohibited within alsim CLOUD.

15. Court & jurisdiction

Austrian law shall exclusively govern this Agreement, with conflict-of-law rules being excluded. The agreed place of jurisdiction is Steyr.